[Rev. 9/10/2021 11:30:15 AM]
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Senate Bill No. 161Committee on Judiciary
CHAPTER 59
[Approved: May 25, 2021]
AN ACT relating to criminal justice; eliminating the Advisory Committee to Study Laws Concerning Sex Offender Registration; transferring the Committees duties to the Advisory Commission on the Administration of Justice; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Advisory Committee to Study Laws Concerning Sex Offender Registration and requires the Committee to: (1) identify and study issues relating to state and federal law concerning the registration of sex offenders and any litigation concerning those laws; (2) prepare a report of the activities and findings of the Committee and any recommendations for proposed legislation concerning the registration of sex offenders developed by the Committee; and (3) on or before September 1 of each even-numbered year, submit the report prepared by the Committee to the Director of the Legislative Counsel Bureau for submission to the Legislative Commission. (NRS 179D.132, 179D.136) Existing law also creates the Advisory Commission on the Administration of Justice and prescribes its duties, which include: (1) evaluating and studying the elements of this States system of criminal justice; (2) recommending standards, policies and procedures for integrated criminal justice information sharing between criminal justice agencies in this State and the Central Repository for Nevada Records of Criminal History within the Records, Communications and Compliance Division of the Department of Public Safety and providing a copy of any such recommendations to the Director of the Department of Public Safety; and (3) for each regular session of the Legislature, preparing a comprehensive report including the Commissions recommended changes pertaining to the administration of justice in this State, the Commissions findings and any recommendations of the Commission for proposed legislation, which must be submitted to the Director of the Legislative Counsel Bureau for distribution to the Legislature not later than December 1 of each even-numbered year. (NRS 176.0123, 176.0125)
Section 4 of this bill eliminates the Committee and section 1 of this bill transfers the duties of the Committee to the Advisory Commission on the Administration of Justice. Section 2 of this bill makes conforming changes to transfer any money remaining in the Committees account to the Commissions account.
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 176.0125 is hereby amended to read as follows:
176.0125 The Commission shall:
1. Except as otherwise provided pursuant to NRS 176.0134 and subject to the discretion of the Chair, evaluate and study the elements of this States system of criminal justice.
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2. Recommend standards, policies and procedures for integrated criminal justice information sharing between criminal justice agencies in this State and the Central Repository for Nevada Records of Criminal History.
3. Provide a copy of any recommendations described in subsection 2 to the Director of the Department of Public Safety.
4. Evaluate and review issues relating to the submittal, storage and testing of sexual assault forensic evidence kits, including, without limitation, the review of any report required pursuant to NRS 200.3788.
5. Identify and study issues relating to state and federal law concerning the registration of sex offenders and any litigation concerning those laws.
6. For each regular session of the Legislature, prepare a comprehensive report including the Commissions recommended changes pertaining to the administration of justice in this State, the Commissions findings and any recommendations of the Commission for proposed legislation. The report must be submitted to the Director of the Legislative Counsel Bureau for distribution to the Legislature not later than December 1 of each even-numbered year.
[6.] 7. As used in this section, sexual assault forensic evidence kit has the meaning ascribed to it in NRS 200.364.
Sec. 2. On July 1, 2021, any money remaining in the Special Account for the Support of the Committee created pursuant to NRS 179D.138, as that section exists on June 30, 2021, must be transferred to the Special Account for the Support of the Advisory Commission on the Administration of Justice created pursuant to NRS 176.01255.
Sec. 3. 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. 4. NRS 179D.130, 179D.132, 179D.134, 179D.136 and 179D.138 are hereby repealed.
Sec. 5. This act becomes effective on July 1, 2021.
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κ2021 Statutes of Nevada, Page 243κ
Senate Bill No. 9Committee on Judiciary
CHAPTER 60
[Approved: May 25, 2021]
AN ACT relating to securities; creating an exemption from licensing requirements for investment advisers to certain private funds; requiring the Administrator of the Securities Division of the Office of the Secretary of State, who is the Deputy of Securities, to submit a biennial report relating to securities to the Legislative Commission and publish the report by certain other means; revising provisions relating to the adoption of regulations by the Administrator; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The federal Dodd-Frank Wall Street Reform and Consumer Protection Act created an exemption from the requirement that investment advisers to certain private funds register with the Securities and Exchange Commission. This exemption applies to investment advisers who: (1) manage less than $150 million in assets; and (2) advise qualifying private funds. (15 U.S.C. § 80b-3(m); 17 C.F.R. 275.203(m)-1)
Existing state law makes it unlawful for a person to transact business in this State as an investment adviser unless the person is: (1) licensed; or (2) exempt from the licensing requirements of this State. (NRS 90.330) Section 2-4 of this bill create a state-level exemption from the requirement for licensure for investment advisers to certain qualifying private funds.
Section 4 provides that the exemption applies to an investment adviser if: (1) the investment adviser solely advises one or more qualifying private funds; (2) the investment adviser is not required to register with the Securities and Exchange Commission; (3) neither the investment adviser nor any of its advisory affiliates have engaged in certain bad acts; (4) the investment adviser files certain reports with the Administrator, who is the Deputy of Securities appointed by the Secretary of State; and (5) the investment adviser pays a fee prescribed by the Administrator.
Section 4 also provides that if the investment adviser advises one or more eligible funds, in addition to the other requirements for the exemption, the investment adviser must: (1) advise only those eligible funds whose outstanding securities are beneficially owned entirely by qualified clients; (2) make certain disclosures to the beneficial owners of the eligible fund; and (3) annually obtain an audited financial statement of each eligible fund and deliver the statement to each beneficial owner of the respective eligible fund. Section 4 provides a grandfather provision for an investment adviser to an eligible fund whose beneficial ownership does not consist entirely of qualified clients if: (1) the eligible fund existed before July 1, 2022; and (2) the investment adviser complies with certain minimum requirements on or after July 1, 2022.
Section 4 also provides that if an investment adviser becomes ineligible for the exemption, the investment adviser has 90 days after the date of ineligibility to become compliant with any applicable laws for licensing.
Existing law also exempts from the licensing requirements investment advisers who are registered or not required to be registered under the Investment Advisers Act of 1940 if: (1) the only clients of the investment adviser are other investment advisers, broker-dealers or financial or institutional investors; (2) the investment adviser has no place of business in this State and directs business communications in this State to a person who is an existing client of the investment adviser and whose principal place of residence is not in this State; or (3) the investment adviser has no place of business in this State and during any 12 consecutive months it does not direct business communications in this State to more than five present or prospective clients under certain circumstances, whether or not the person or client to whom the communication is directed is present in this State.
κ2021 Statutes of Nevada, Page 244 (CHAPTER 60, SB 9)κ
under certain circumstances, whether or not the person or client to whom the communication is directed is present in this State. (NRS 90.340) Section 6 of this bill provides that regardless of whether an investment adviser qualifies for an exemption from the licensing requirements under existing law, if the investment adviser advises a qualifying private fund, the investment adviser must also satisfy the requirements of section 4 in order to qualify for an exemption.
Existing law also requires a representative of an investment adviser to be licensed or exempt from the licensing requirements before transacting business in this State. (NRS 90.330) Section 6 provides that if a representative of an investment adviser is employed by an investment adviser who is exempt from the licensing requirements pursuant to section 4, then the representative of the investment adviser is also exempt from his or her respective licensing requirements.
Section 4.5 of this bill requires the Administrator to submit a written report biennially to the Director of the Legislative Counsel Bureau for submission to the Legislative Commission and to publish the report on an Internet website of the Secretary of State or by similar means. Section 4.5 requires the report to include, without limitation: (1) a summary of the states that adopted a model rule, regulation, exemption or like provision of the North American Securities Administrators Association within the 5 years immediately preceding the publication of the report; (2) a summary of the states that did not adopt any such model rule, regulation, exemption or like provision within the 5 years immediately preceding the publication of the report and a description of why each state did not adopt any such rule, regulation, exemption or like provision; (3) a determination of whether the Securities Division of the Office of the Secretary of State has the resources necessary to achieve its objectives; and (4) any recommendations for legislation relating to the protection of investors in this State.
Existing law authorizes the Administrator to adopt certain regulations and requires the Administrator to take into consideration: (1) the regulations adopted by the Securities and Exchange Commission; and (2) the regulations of securities agencies and administrators in other states. (NRS 90.750) Section 8.5 of this bill additionally requires the Administrator to consider any model rule, regulation, exemption or like provision adopted by the North American Securities Administrators Association.
Section 5 of this bill makes a conforming change to indicate the appropriate placement of sections 2 and 3 of this bill in the Nevada Revised Statutes. Sections 7, 8 and 9-11 of this bill make conforming changes relating to the exemption from the licensing requirements for investment advisers pursuant to section 4.
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 90 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4.5, inclusive, of this act.
Sec. 2. Investment Adviser Registration Depository means the Investment Adviser Registration Depository of the Financial Industry Regulatory Authority, or its successor, and the North American Securities Administrators Association or its successor.
Sec. 3. Qualifying private fund has the meaning ascribed to it in 17 C.F.R. 275.203(m)-1.
Sec. 4. 1. An investment adviser is exempt from the licensing requirements under NRS 90.330 if:
(a) The investment adviser provides advice solely to one or more qualifying private funds;
κ2021 Statutes of Nevada, Page 245 (CHAPTER 60, SB 9)κ
(b) The investment adviser is not required to register with the Securities and Exchange Commission;
(c) Neither the investment adviser nor any of the advisory affiliates of the investment adviser are subject to an event that would disqualify an issuer pursuant to 17 C.F.R. § 230.506(d)(1);
(d) The investment adviser files with the Administrator any report and amendment thereto required to be filed with the Securities and Exchange Commission pursuant to 17 C.F.R. § 275.204-4;
(e) The investment adviser pays a fee prescribed by the Administrator; and
(f) Except as otherwise provided in subsection 2, if the investment adviser advises at least one eligible fund, the investment adviser must:
(1) Advise only those eligible funds whose outstanding securities are beneficially owned entirely by persons who, after deducting the value of the primary residence from the net worth of the person, would each be a qualified client at the time the securities are purchased from the issuer;
(2) Disclose in writing, at the time of purchase, the following information to each beneficial owner of the eligible fund:
(I) All services, if any, to be provided to the beneficial owner;
(II) Any duty owed by the investment adviser to the beneficial owner; and
(III) Any other material information affecting the rights and responsibilities of the beneficial owner; and
(3) Annually obtain an audited financial statement of each eligible fund and deliver the statement to each beneficial owner of the corresponding eligible fund.
2. If an investment adviser advises an eligible fund that has one or more beneficial owners who are not qualified clients and the eligible fund existed before July 1, 2022, then on or after July 1, 2022:
(a) The eligible fund is prohibited from accepting additional beneficial owners who are not qualified clients;
(b) The investment adviser must:
(1) Make the disclosure described in subparagraph (2) of paragraph (f) of subsection 1 to all beneficial owners of the eligible fund, regardless of whether the beneficial owner is a qualified client;
(2) Deliver the financial statement described in subparagraph (3) of paragraph (f) of subsection 1 to each beneficial owner of the eligible fund, regardless of whether the beneficial owner is a qualified client; and
(3) Otherwise satisfy the requirements for exemption set forth in subsection 1.
3. The filings described in paragraph (d) of subsection 1:
(a) Must be filed electronically through the Investment Adviser Registration Depository; and
(b) Shall be deemed to be filed on the date that the filing and fee described in paragraph (e) of subsection 1 are filed and accepted on behalf of the State by the Investment Adviser Registration Depository.
4. If an investment adviser becomes ineligible for the exemption described in this section, the investment adviser must comply with any applicable laws for licensure within 90 days after the date of ineligibility.
5. As used in this section:
κ2021 Statutes of Nevada, Page 246 (CHAPTER 60, SB 9)κ
(a) Eligible fund means a qualifying private fund that:
(1) Is eligible for the exclusion from the definition of an investment company under 15 U.S.C. 80a-3(c)(1); and
(2) Is not a venture capital fund, as defined in 17 C.F.R. § 275.203(l)-1.
(b) Qualified client has the meaning ascribed to it in 17 C.F.R. § 275.205-3.
(c) Value of the primary residence means the fair market value of the primary residence of a person, subtracted by the amount of debt secured by the property up to its fair market value.
Sec. 4.5. 1. On or before August 15 of each even-numbered year, the Administrator shall:
(a) Submit a written report to the Director of the Legislative Counsel Bureau for submission to the Legislative Commission; and
(b) Publish the report described in paragraph (a) on an Internet website of the Secretary of State or by similar means.
2. The report must include, without limitation:
(a) A summary of the states that adopted a model rule, regulation, exemption or like provision of the North American Securities Administrators Association within the 5 years immediately preceding the publication of the report described in subsection 1;
(b) A summary of the states that did not adopt a model rule, regulation, exemption or like provision of the North American Securities Administrators Association within the 5 years immediately preceding the publication of the report described in subsection 1, and the reasoning why each state did not adopt any such model rule, regulation, exemption or like provision;
(c) A determination of whether the Division has the resources necessary to achieve its objectives; and
(d) Any recommendations for legislation relating to the protection of investors in this State.
Sec. 5. NRS 90.211 is hereby amended to read as follows:
90.211 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 90.215 to 90.309, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 90.340 is hereby amended to read as follows:
90.340 1. The following persons are exempt from licensing under NRS 90.330:
(a) [An] Except as otherwise provided in subsection 2, an investment adviser who is registered or is not required to be registered as an investment adviser under the Investment Advisers Act of 1940 if:
(1) Its only clients in this State are other investment advisers, broker-dealers or financial or institutional investors;
(2) The investment adviser has no place of business in this State and directs business communications in this State to a person who is an existing client of the investment adviser and whose principal place of residence is not in this State; or
(3) The investment adviser has no place of business in this State and during any 12 consecutive months it does not direct business communications in this State to more than five present or prospective clients other than those specified in subparagraph (1), whether or not the person or client to whom the communication is directed is present in this State;
κ2021 Statutes of Nevada, Page 247 (CHAPTER 60, SB 9)κ
other than those specified in subparagraph (1), whether or not the person or client to whom the communication is directed is present in this State;
(b) A representative of an investment adviser who is employed by an investment adviser who is exempt from licensing pursuant to paragraph (a) [;] or section 4 of this act;
(c) A sales representative licensed pursuant to NRS 90.310 who:
(1) Has passed the following examinations administered by the Financial Industry Regulatory Authority:
(I) The Uniform Investment Adviser Law Examination, designated as the Series 65 examination; or
(II) The Uniform Combined State Law Examination designated as the Series 66 examination and the General Securities Registered Representative Examination, designated as the Series 7 examination; or
(2) On January 1, 1996, has been continuously licensed in this State as a sales representative for 5 years or more; and
(d) Other investment advisers and representatives of investment advisers the Administrator by regulation or order exempts.
2. Regardless of whether an investment adviser qualifies for an exemption pursuant to paragraph (a) of subsection 1, if the investment adviser advises one or more qualifying private funds, the investment adviser must additionally satisfy all of the requirements set forth in section 4 of this act in order to qualify for an exemption from licensing under NRS 90.330.
3. The Administrator may, by order or rule, waive the examinations required by subparagraph (1) of paragraph (c) of subsection 1 for an applicant or a class of applicants if the Administrator determines that the examination is not necessary for the protection of investors because of the training and experience of the applicant or class of applicants.
Sec. 7. NRS 90.350 is hereby amended to read as follows:
90.350 1. Except as otherwise provided in subsection 3, an applicant for licensing as a broker-dealer, sales representative, investment adviser, representative of an investment adviser or transfer agent must file with the Administrator an application for licensing and a consent to service of process pursuant to NRS 90.770 and pay the fee required by NRS 90.360. The application for licensing must contain the social security number of the applicant and any other information the Administrator determines by regulation to be necessary and appropriate to facilitate the administration of this chapter.
2. The requirements of subsection 1 are satisfied by an applicant who has filed and maintains a completed and current registration with the Securities and Exchange Commission or a self-regulatory organization if the information contained in that registration is readily available to the Administrator through the Investment Adviser Registration Depository, the Central Registration Depository or another depository for registrations that has been approved by the Administrator by regulation or order. Except as otherwise provided in subsection 3, such an applicant must also file a notice with the Administrator in the form and content determined by the Administrator by regulation and a consent to service of process pursuant to NRS 90.770 and the fee required by NRS 90.360. The Administrator, by order, may require the submission of additional information by an applicant.
3. An applicant for licensing as a transfer agent is not required to pay the fee required by NRS 90.360.
4. As used in this section , [:
κ2021 Statutes of Nevada, Page 248 (CHAPTER 60, SB 9)κ
(a)] Central Registration Depository means the Central Registration Depository of the Financial Industry Regulatory Authority, or its successor, and the North American Securities Administrators Association or its successor.
[(b) Investment Adviser Registration Depository means the Investment Adviser Registration Depository of the Financial Industry Regulatory Authority, or its successor, and the North American Securities Administrators Association or its successor.]
Sec. 8. NRS 90.560 is hereby amended to read as follows:
90.560 The Administrator by regulation or order may require the filing of any prospectus, pamphlet, circular, form letter, advertisement or other sales literature or advertising communication addressed or intended for distribution to prospective investors, including clients or prospective clients of an investment adviser unless the security or transaction is exempt under NRS 90.520 or 90.530 or the investment adviser is exempt under NRS 90.340 [.] or section 4 of this act.
Sec. 8.5. NRS 90.750 is hereby amended to read as follows:
90.750 1. The Administrator may adopt regulations further defining such words and terms as are necessary for an understanding of the provisions of this chapter and any regulations adopted pursuant thereto.
2. To keep regulations adopted by the Administrator in harmony with the regulations adopted by the Securities and Exchange Commission under the federal securities laws and to encourage uniformity with the regulations of securities agencies and administrators in other states, the Administrator, so far as is consistent with this chapter, shall take into consideration [the] :
(a) The regulations adopted by the Securities and Exchange Commission [and the] ;
(b) The regulations of securities agencies and administrators in other states that enact a law comparable to this chapter [.] ; and
(c) Any model rule, regulation, exemption or like provision adopted by the North American Securities Administrators Association.
3. Unless other criteria are specifically provided in this chapter or special provision is made for an emergency, a regulation or order may not be adopted or entered unless the Administrator determines from evidence adduced at a public hearing and entered in the record, showing specifically how the applicable criteria are satisfied, that the action is:
(a) In the public interest and appropriate for the protection of investors; and
(b) Consistent with the purposes fairly intended by the provisions of this chapter.
4. The Administrator may use his or her own experience, technical competence, specialized knowledge, and judgment in the adoption of a regulation.
5. The Administrator by regulation or order may prescribe:
(a) The form and content of financial statements required under this chapter;
(b) The circumstances under which consolidated financial statements must be filed; and
(c) Whether a required financial statement must be certified and by whom.
Κ Unless the Administrator by regulation or order provides otherwise, a financial statement required under this chapter must be prepared in accordance with generally accepted accounting principles or other accounting principles as are prescribed for the issuer of the financial statement by the Securities and Exchange Commission.
κ2021 Statutes of Nevada, Page 249 (CHAPTER 60, SB 9)κ
accordance with generally accepted accounting principles or other accounting principles as are prescribed for the issuer of the financial statement by the Securities and Exchange Commission.
Sec. 9. NRS 628A.040 is hereby amended to read as follows:
628A.040 1. Except as otherwise provided in subsection 2, a financial planner shall maintain insurance covering liability for errors or omissions, or a surety bond to compensate clients for losses actionable pursuant to this chapter, in an amount of $1,000,000 or more.
2. The provisions of subsection 1 do not apply to:
(a) A broker-dealer or sales representative licensed pursuant to NRS 90.310 or exempt under NRS 90.320; or
(b) An investment adviser licensed pursuant to NRS 90.330 or exempt under NRS 90.340 [.] or section 4 of this act.
Sec. 10. NRS 645B.093 is hereby amended to read as follows:
645B.093 1. A mortgage company who is a broker-dealer or a sales representative licensed pursuant to NRS 90.310 or who is exempt from licensure pursuant to NRS 90.320:
(a) Shall not commingle money received for mortgage transactions and money received for securities transactions; and
(b) Shall ensure that all money received for mortgage transactions is accounted for separately from all money received for securities transactions.
2. A mortgage company who is an investment adviser or a representative of an investment adviser licensed pursuant to NRS 90.330 or exempt from licensure pursuant to NRS 90.340 [:] or section 4 of this act:
(a) Shall not commingle money received for mortgage transactions and money received for securities transactions; and
(b) Shall ensure that all money received for mortgage transactions is accounted for separately from all money received for securities transactions.
Sec. 11. NRS 688C.212 is hereby amended to read as follows:
688C.212 1. A financial planner who, on behalf of a viator and for a fee, commission or other valuable consideration not paid by a provider or purchaser of viatical settlements, offers or attempts to negotiate a viatical settlement between the viator and one or more providers or brokers of viatical settlements must be licensed as an insurance consultant pursuant to NRS 683C.020.
2. As used in this section, financial planner means a person who for compensation advises others upon the investment of money or upon provision for income to be needed in the future, or who holds himself or herself out as qualified to perform either of these functions, but does not include:
(a) An attorney and counselor at law admitted by the Supreme Court of this State;
(b) A certified public accountant or a public accountant pursuant to NRS 628.190 to 628.310, inclusive;
(c) A broker-dealer or sales representative licensed pursuant to NRS 90.310 or exempt under NRS 90.320;
(d) An investment adviser licensed pursuant to NRS 90.330 or exempt under NRS 90.340 [;] or section 4 of this act; or
(e) A producer of insurance licensed pursuant to chapter 683A of NRS or an insurance consultant licensed pursuant to chapter 683C of NRS,
Κ whose advice upon investment or provision of future income is incidental to the practice of his or her profession or business.
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Sec. 11.5. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 12. This act becomes effective on July 1, 2022.
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Senate Bill No. 2Committee on Education
CHAPTER 61
[Approved: May 26, 2021]
AN ACT relating to education; revising requirements to conduct certain assessments; revising requirements to measure the height and weight of certain pupils; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the board of trustees of a school district or the governing body of a charter school to develop a plan to assess the proficiency of a pupil in reading when the pupil enters kindergarten or enrolls in an elementary school. (NRS 388.157) Section 1 of this bill instead requires a pupil to take such an assessment during each grade level of elementary school as is determined to be necessary. Section 1 requires the Department of Education to prescribe by regulation procedures for assessing the development of pupils enrolled in kindergarten across early learning domains within 45 days of the start of school. Existing law requires the board of trustees of a school district and the governing body of a charter school to report certain information concerning pupils with disabilities to the Department of Education. (NRS 388.422) Section 2 of this bill removes this requirement. Existing law requires the board of trustees of a school district in certain counties to direct certain employees of a school to measure the height and weight of a representative sample of pupils in certain grades. (NRS 392.420) Section 3 of this bill revises this requirement to no longer apply in grade 10 and requires a representative sample of such pupils to be measured only every other year.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 388.157 is hereby amended to read as follows:
388.157 1. The board of trustees of each school district and the governing body of each charter school shall prepare a plan to improve the literacy of pupils enrolled in an elementary school. Such a plan must include, without limitation:
(a) A program to provide intervention services and intensive instruction to pupils who have been identified as deficient in the subject area of reading to ensure that those pupils achieve adequate proficiency in the requisite reading skills and reading comprehension skills necessary to perform at a level determined by a statewide assessment to be within a level determined by the State Board for a pupil enrolled in the same grade in which the pupil is enrolled. Such a program must include, without limitation, regularly scheduled reading sessions in small groups and specific instruction designed to target any area of reading in which the pupil demonstrates a deficiency, including, without limitation, phonological and phonemic awareness, decoding skills, reading fluency and vocabulary and reading comprehension strategies;
κ2021 Statutes of Nevada, Page 251 (CHAPTER 61, SB 2)κ
to target any area of reading in which the pupil demonstrates a deficiency, including, without limitation, phonological and phonemic awareness, decoding skills, reading fluency and vocabulary and reading comprehension strategies;
(b) Procedures for assessing a pupils proficiency in the subject area of reading using valid and reliable standards-based assessments that have been approved by the State Board by regulation [:
(1) Within the first 30 days of school after the pupil enters kindergarten or upon enrollment in the elementary school if the pupil enrolls after that period and has not previously been assessed; and
(2) During] during each grade level of the elementary school at which the pupil is enrolled as determined necessary;
(c) A program to improve the proficiency in reading of pupils who are English learners; and
(d) Procedures for facilitating collaboration between licensed teachers designated as literacy specialists and classroom teachers.
2. The board of trustees of each school district or the governing body of a charter school, as applicable, shall:
(a) Submit its plan to the Department for approval on or before the date prescribed by the Department on a form prescribed by the Department; and
(b) Make such revisions to the plan as the Department determines are necessary.
3. The Department shall adopt regulations that prescribe procedures for assessing the development across early learning domains of a pupil enrolled in kindergarten within the first 45 days of school in a school year.
Sec. 2. NRS 388.422 is hereby amended to read as follows:
388.422 [1. On or before July 1 of each year, the board of trustees of each school district and the governing body of each charter school shall report to the Department:
(a) The number of pupils enrolled in each school in the district or charter school, as applicable, during the immediately preceding school year who had an individualized education program or a plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; and
(b) The disabilities with which those pupils were diagnosed.
2. On or before August 1 of each year, the Department shall compile a report of the information reported pursuant to subsection 1 and post the report on an Internet website maintained by the Department.
3.] The Department shall provide to each school district and charter school in this State information concerning services for children with disabilities provided by the Aging and Disability Services Division of the Department of Health and Human Services. The board of trustees of a school district or the governing body of a charter school shall ensure that the information described in this [subsection] section is provided to the parent or guardian of each pupil enrolled in the school district or charter school, as applicable, who has an individualized education program or a plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794.
Sec. 3. NRS 392.420 is hereby amended to read as follows:
392.420 1. In each school at which a school nurse is responsible for providing nursing services, the school nurse shall plan for and carry out, or supervise qualified health personnel in carrying out, a separate and careful observation and examination of every child who is regularly enrolled in a grade specified by the board of trustees or superintendent of schools of the school district in accordance with this subsection to determine whether the child has scoliosis, any visual or auditory problem, or any gross physical defect.
κ2021 Statutes of Nevada, Page 252 (CHAPTER 61, SB 2)κ
grade specified by the board of trustees or superintendent of schools of the school district in accordance with this subsection to determine whether the child has scoliosis, any visual or auditory problem, or any gross physical defect. The grades in which the observations and examinations must be carried out are as follows:
(a) For visual and auditory problems:
(1) Before the completion of the first year of initial enrollment in elementary school;
(2) In at least one additional grade of the elementary schools; and
(3) In one grade of the middle or junior high schools and one grade of the high schools; and
(b) For scoliosis, in at least one grade of schools below the high schools.
Κ Any person other than a school nurse, including, without limitation, a person employed at a school to provide basic first aid and health services to pupils, who performs an observation or examination pursuant to this subsection must be trained by a school nurse to conduct the observation or examination.
2. In addition to the requirements of subsection 1, the board of trustees of each school district in a county whose population is 100,000 or more shall direct school nurses, qualified health personnel employed pursuant to subsection 6, teachers who teach physical education or health or other licensed educational personnel who have completed training in measuring the height and weight of a pupil provided by the school district, to measure the height and weight of a representative sample of pupils who are enrolled in grades 4 [,] and 7 [and 10] in the schools within the school district. The Division of Public and Behavioral Health of the Department of Health and Human Services, in consultation with the board of trustees of each school district and each local health district, as applicable, shall determine the number of pupils necessary to include in the representative sample. The height and weight of a representative sample of pupils must be measured every other year at the same time other observations or examinations are conducted pursuant to this section.
3. If any child is attending school in a grade above one of the specified grades and has not previously received such an observation and examination, the child must be included in the current schedule for observation and examination. Any child who is newly enrolled in the district must be examined for any medical condition for which children in a lower grade are examined.
4. A special examination for a possible visual or auditory problem must be provided for any child who:
(a) Is enrolled in a special program;
(b) Is repeating a grade;
(c) Has failed an examination for a visual or auditory problem during the previous school year; or
(d) Shows in any other way that the child may have such a problem.
5. The school authorities shall notify the parent or guardian of any child who is found or believed to have scoliosis, any visual or auditory problem, or any gross physical defect, and shall recommend that appropriate medical attention be secured to correct it. Any written notice provided to the parent or guardian of a child pursuant to this subsection must include, to the extent that information is available, a list of any resources that may be available in the community to provide such medical attention, including, without limitation, resources available at no charge or at a reduced cost.
κ2021 Statutes of Nevada, Page 253 (CHAPTER 61, SB 2)κ
resources available at no charge or at a reduced cost. If such a list is provided, the principal, his or her designee, or any employee of the school or the school district is not responsible for providing such resources to the pupil or ensuring that the pupil receives such resources.
6. In any school district in which state, county or district public health services are available or conveniently obtainable, those services may be used to meet the responsibilities assigned under the provisions of this section. The board of trustees of the school district may employ qualified personnel to perform them. Any nursing services provided by such qualified personnel must be performed in compliance with chapter 632 of NRS.
7. The board of trustees of a school district may adopt a policy which encourages the school district and schools within the school district to collaborate with:
(a) Qualified health care providers within the community to perform, or assist in the performance of, the services required by this section; and
(b) Postsecondary educational institutions for qualified students enrolled in such an institution in a health-related program to perform, or assist in the performance of, the services required by this section.
8. Except as otherwise provided in subsection 9, the school authorities shall provide notice to the parent or guardian of a child before performing on the child the examinations required by this section. The notice must inform the parent or guardian of the right to exempt the child from all or part of the examinations. Any child must be exempted from an examination if the childs parent or guardian files with the teacher a written statement objecting to the examination.
9. The school authorities are not required to provide notice to the parent or guardian of a child before measuring the childs height or weight pursuant to subsection 2 if it is not practicable to do so.
10. Each school nurse or a designee of a school nurse, including, without limitation, a person employed at a school to provide basic first aid and health services to pupils, shall report the results of the examinations conducted pursuant to this section in each school at which he or she is responsible for providing services to the Chief Medical Officer in the format prescribed by the Chief Medical Officer. Each such report must exclude any identifying information relating to a particular child. The Chief Medical Officer shall compile all such information the Officer receives to monitor the health status of children and shall retain the information.
11. The Division of Public and Behavioral Health of the Department of Health and Human Services shall:
(a) Compile a report relating to each region of this State for which data is collected regarding the height and weight of pupils measured pursuant to subsection 2 and reported to the Chief Medical Officer pursuant to subsection 10;
(b) Publish and disseminate the reports not later than 12 months after receiving the results of the examinations pursuant to subsection 10; and
(c) Submit a copy of the report disseminated pursuant to paragraph (b) to the superintendent of each school district located in a county whose population is 100,000 or more.
Secs. 4-8. (Deleted by amendment.)
Sec. 9. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 254κ
Senate Bill No. 12Committee on Government Affairs
CHAPTER 62
[Approved: May 26, 2021]
AN ACT relating to housing; requiring an owner of certain housing that is financed by tax credits or other money provided by a government agency to provide certain notices before the termination, expiration or ending of a restriction relating to the affordability of the housing; setting forth requirements for such notice; authorizing the Housing Division of the Department of Business and Industry to impose an administrative fine upon an owner who fails to provide notice of the termination or expiration of a restriction; authorizing the Division to prohibit an owner who terminates an affordability restriction from applying for certain tax credits; 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 certain percentage of the residential units in the project are required to be subject to certain affordability restrictions that set a limit on the income level of occupants of the units and restrict the amount of rent that may be charged to such occupants. An owner of property that is part of the low-income housing project that wishes to receive the federal low-income housing tax credit is required to enter into an agreement with a housing credit agency in which the owner commits to maintain the affordability restrictions on the property for a compliance period of 15 years and an additional period of time of at least 15 years following the compliance period. However, existing federal law authorizes an owner, after the 14th year of the compliance period, to request that the housing credit agency find a buyer to purchase the property. The housing credit agency then has 1 year to find a buyer for the property that will maintain the affordability restrictions. If the housing credit agency does not present the owner with a qualified contract for the acquisition of the property within the 1-year period, the affordability restrictions on the property terminate, subject to a 3-year period in which the owner is generally prohibited from raising certain rents and evicting existing tenants. (26 U.S.C. § 42) Existing state law designates the Housing Division of the Department of Business and Industry as the housing credit agency for the State that allocates and distributes the federal low-income housing credit. (NRS 319.145)
Sections 3 and 4 of this bill require the owner of any housing which has been financed by the federal low-income housing tax credit or any other money provided by a governmental agency and that is subject to affordability restrictions similar to those required for eligibility for the federal low-income housing tax credit to provide written notice before terminating an affordability restriction or before the expiration of the affordability restriction, as applicable. Sections 3 and 4 also set forth the contents for such a notice and require the notice to be provided to each tenant, the Division and certain other persons not less than: (1) twelve months before the owner submits a request to the Division for a qualified contract; or (2) if such a request is not applicable, 12 months before the date upon which the affordability restriction will expire. Sections 3 and 4 further authorize the Division to: (1) impose an administrative penalty upon an owner who fails to provide the required notice; and (2) prohibit an owner who terminates an affordability restriction from applying to the Division for an allocation of federal low-income housing tax credits for a period not to exceed 5 years.
κ2021 Statutes of Nevada, Page 255 (CHAPTER 62, SB 12)κ
Section 5 of this bill requires an owner that will voluntarily maintain an affordability restriction on housing after the expiration of the affordability restriction to provide written notice to the Division not less than 12 months before the expiration of the affordability restriction and, thereafter, submit an annual report to the Division for as long as the owner voluntarily maintains the affordability restriction. Section 5 also requires the owner to provide written notice at least 12 months before ending the voluntary affordability restriction to the county, the city, the Division and each tenant.
Section 6 of this bill provides that the provisions of this bill apply to: (1) every owner of housing that is subject to an affordability restriction on or after October 1, 2021; and (2) every owner of housing that on October 1, 2021, has voluntarily maintained an affordability restriction after the expiration of the affordability restriction.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 319 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. As used in sections 2 to 5, inclusive, of this act, unless the context otherwise requires:
1. Affordability restriction means a limit on rent that an owner may charge for occupancy of a dwelling unit in a project or a limit on the income of tenants for persons or families seeking to qualify as tenants in a project.
2. Federal low-income housing tax credit has the meaning ascribed to it in NRS 360.863.
3. Owner means a person who has an ownership interest in a project.
4. Project means a residential housing development consisting of one or more dwelling units that:
(a) Has been financed in whole or in part by tax credits relating to low-income housing, including, without limitation, the federal low-income housing tax credit, or any other money provided by a governmental agency, for which compliance is administered by the Division; and
(b) Is subject to an affordability restriction.
5. Qualified contract has the meaning ascribed to it in 26 U.S.C. § 42.
6. Qualified low-income housing project has the meaning ascribed to it in 26 U.S.C. § 42.
7. Tenant has the meaning ascribed to it in NRS 118A.170.
Sec. 3. 1. An owner who intends to terminate an affordability restriction and submit a request to the Division to obtain a qualified contract for the acquisition of a project shall provide written notice to:
(a) The governing body of each county and, if applicable, city within which some or all of the project is located.
(b) The Division. Upon receipt of such notice, the Division shall provide written notice to each owner who has an ownership interest in a qualified low-income housing project in this State.
(c) Each tenant of the affected project.
κ2021 Statutes of Nevada, Page 256 (CHAPTER 62, SB 12)κ
2. The written notice required pursuant to subsection 1 must be provided by the owner not less than 12 months before the owner submits the request to the Division to obtain a qualified contract for the acquisition of the project.
3. The written notice required to be provided to a tenant of the affected project pursuant to subsection 1 must include, without limitation:
(a) The program pursuant to which the owner is terminating the affordability restriction;
(b) The number of dwelling units affected by the termination;
(c) The anticipated date of the termination;
(d) A statement that the written notice is not a notice to vacate the dwelling unit and that the tenant is not required to vacate the dwelling unit;
(e) A description of the effects of the termination on the lease and future rent of the tenant;
(f) A description of the protections for tenants and resources for relocation set forth in the program pursuant to which the affordability restriction is being terminated;
(g) A description of the protections for tenants and the resources for relocation set forth in chapters 118, 118A and 118B of NRS;
(h) A description of the resources for housing assistance in the local community; and
(i) The contact information of the owner of the project.
4. The written notice required to be provided to the governing body of each applicable county and city, the Division and each owner who has an ownership interest in a qualified low-income housing project pursuant to subsection 1 must include, without limitation:
(a) The program pursuant to which the owner is terminating the affordability restriction;
(b) The number of dwelling units that will be affected by the termination;
(c) The anticipated date of the termination;
(d) Information regarding the disposition of the project after the termination of the affordability restriction, including, without limitation:
(1) That the project is required to be made available for purchase; and
(2) The time frame for the submission of offers to purchase the project;
(e) An identification of whether the owner receives a property tax exemption for the project pursuant to NRS 361.082 and whether the owner intends to maintain the exemption after the termination of the affordability restriction; and
(f) The contact information of the owner of the project.
5. After providing the written notice required pursuant to subsection 1, the owner who intends to terminate the affordability restriction shall hold at least one meeting for tenants of the affected project to discuss the information contained in the written notice and answer any questions regarding the written notice. Notice of such meeting must be provided to each tenant of the affected project not less than 5 business days before the meeting.
6. The Division may:
κ2021 Statutes of Nevada, Page 257 (CHAPTER 62, SB 12)κ
(a) Prohibit an owner who has terminated an affordability restriction from applying to the Division to obtain an allocation of federal low-income housing tax credits for a period not to exceed 5 years.
(b) Impose an administrative fine of not more than $10,000 upon an owner who fails to provide the written notice required pursuant to subsection 1. The Division may use not more than $500 of the money collected from the imposition of the fine to cover the costs of collecting the fine.
7. The Division may adopt regulations to carry out the provisions of this section.
Sec. 4. 1. An owner who intends to end the affordability restriction on a project upon the expiration of the affordability restriction shall provide written notice to:
(a) The governing body of each county and, if applicable, city within which some or all of the project is located.
(b) The Division. Upon receipt of such notice, the Division shall provide written notice to each owner who has an ownership interest in a qualified low-income housing project in this State.
(c) Each tenant of the affected project.
2. The written notice required pursuant to subsection 1 must be provided by the owner not less than 12 months before the expiration of the affordability restriction. If the project is subject to affordability restrictions with different expiration dates, the written notice required pursuant to subsection 1 must be provided not less than 12 months before the expiration date of the affordability restriction that applies to the largest percentage of dwelling units in the project that are subject to affordability restrictions.
3. The written notice required to be provided to a tenant of the affected project pursuant to subsection 1 must include, without limitation:
(a) The program pursuant to which the affordability restriction is expiring;
(b) The number of dwelling units affected by the expiration;
(c) The anticipated date of the expiration;
(d) A statement that the written notice is not a notice to vacate the dwelling unit and that the tenant is not required to vacate the dwelling unit;
(e) A description of the effects of the expiration on the lease and future rent of the tenant;
(f) A description of the protections for tenants and resources for relocation set forth in the program pursuant to which the affordability restriction is expiring;
(g) A description of the protections for tenants and the resources for relocation set forth in chapters 118, 118A and 118B of NRS;
(h) A description of the resources for housing assistance in the local community; and
(i) The contact information of the owner of the project.
4. The written notice required to be provided to the governing body of each applicable county and city, the Division and each owner who has an ownership interest in a qualified low-income housing project pursuant to subsection 1 must include, without limitation:
(a) The program pursuant to which the affordability restriction is expiring;
κ2021 Statutes of Nevada, Page 258 (CHAPTER 62, SB 12)κ
(b) The number of dwelling units that will be affected by the expiration;
(c) The anticipated date of the expiration of the affordability restriction;
(d) Information regarding the disposition of the project after the expiration of the affordability restriction, including, without limitation:
(1) Whether the owner intends to make the project available for purchase; and
(2) If applicable, the time frame for the submission of offers to purchase the project;
(e) An identification of whether the owner receives a property tax exemption for the project pursuant to NRS 361.082 and whether the owner intends to maintain the exemption after the expiration of the affordability restriction; and
(f) The contact information of the owner of the project.
5. After providing the written notice required pursuant to subsection 1, an owner shall hold at least one meeting for tenants of the affected project to discuss the information contained in the written notice and answer any questions regarding the written notice. Notice of such meeting must be provided to each tenant of the affected project not less than 5 business days before the meeting.
6. The Division may impose an administrative fine of not more than $10,000 upon an owner who fails to provide the written notice required pursuant to subsection 1. The Division may use not more than $500 of the money collected from the imposition of the fine to cover the costs of collecting the fine.
7. The Division may adopt regulations to carry out the provisions of this section.
Sec. 5. 1. If an owner of a project intends to maintain an affordability restriction on a project after the expiration of the affordability restriction, the owner must:
(a) Provide written notice to the Division not less than 12 months before the expiration of the affordability restriction that the owner will voluntarily maintain the affordability restriction after the date of expiration; and
(b) Submit an annual report to the Division for as long as the owner voluntarily maintains the affordability restriction on the project. The annual report must include, without limitation, the number of dwelling units in the project on which the owner has voluntarily maintained the affordability restriction.
2. The owner of a project that has voluntarily maintained an affordability restriction on a project must provide written notice at least 12 months before ending the affordability restriction to:
(a) The governing body of each county and, if applicable, city within which some or all of the project is located.
(b) The Division. Upon receipt of such notice, the Division shall provide written notice to each owner who has an ownership interest in a qualified low-income housing project in this State.
(c) Each tenant of the affected project.
3. The written notice required to be provided to a tenant of the project pursuant to subsection 2 must include, without limitation:
κ2021 Statutes of Nevada, Page 259 (CHAPTER 62, SB 12)κ
(a) The number of dwelling units affected by the owner ending the affordability restriction;
(b) The anticipated date that the affordability restriction will end;
(c) A statement that the written notice is not a notice to vacate the dwelling unit and that the tenant is not required to vacate the dwelling unit;
(d) A description of the effects of ending the affordability restriction on the lease and future rent of the tenant;
(e) A description of the protections for tenants and resources for relocation set forth in the program pursuant to which the affordability restriction is expiring;
(f) A description of the protections for tenants and the resources for relocation set forth in chapters 118, 118A and 118B of NRS;
(g) A description of the resources for housing assistance in the local community; and
(h) The contact information of the owner of the project.
4. The written notice required to be provided to the governing body of each applicable county and city, the Division and each owner who has an ownership interest in a qualified low-income housing project pursuant to subsection 2 must include, without limitation:
(a) The number of dwelling units that will be affected by the expiration;
(b) The anticipated date that the affordability restriction will end;
(c) Information regarding the disposition of the project after the ending of the affordability restriction, including, without limitation:
(1) Whether the owner intends to make the project available for purchase; and
(2) If applicable, the time frame for the submission of offers to purchase the project;
(d) An identification of whether the owner receives a property tax exemption for the project pursuant to NRS 361.082 and whether the owner intends to maintain the exemption ending the affordability restriction; and
(e) The contact information of the owner of the project.
5. The Division may adopt regulations to carry out the provisions of this section.
Sec. 6. 1. The provisions of sections 2 to 5, inclusive, of this act apply to:
(a) Every owner of a project that is subject to an affordability restriction on or after October 1, 2021; and
(b) Every owner of a project that on October 1, 2021, has voluntarily maintained an affordability restriction after the expiration of the affordability restriction.
2. As used in this section:
(a) Affordability restriction has the meaning ascribed to it in section 2 of this act.
(b) Owner has the meaning ascribed to it in section 2 of this act.
(c) Project has the meaning ascribed to it in section 2 of this act.
________
κ2021 Statutes of Nevada, Page 260κ
Senate Bill No. 14Committee on Government Affairs
CHAPTER 63
[Approved: May 26, 2021]
AN ACT relating to emergency management; revising requirements relating to the distribution by the Division of Emergency Management of the Department of Public Safety of a written guide to assist a person or governmental entity required to file certain emergency response plans; expanding the types of services regarding which certain utilities are required to develop and submit vulnerability assessments and emergency response plans; requiring certain state agencies to coordinate with the Division of Emergency Management to annually compile a list of each utility and provider of new electric resources required to submit a vulnerability assessment and emergency response plan; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Division of Emergency Management within the Department of Public Safety. (NRS 414.040) Among its various duties under existing law, the Division is required to: (1) develop a written guide to assist a person or governmental entity that is required to file an emergency response plan; and (2) provide the guide to certain persons and governmental entities that are required to file an emergency response plan. (NRS 414.040) Section 1 of this bill: (1) requires the Division to post the guide on a publicly accessible Internet website maintained by the Division; and (2) makes the requirement to provide a copy of the written guide to certain persons or governmental entities only upon the request of such a person or entity.
Existing law requires certain persons or entities to: (1) develop an emergency response plan for a school, a city or county, a resort hotel and a utility; and (2) submit such a plan to the Division of Emergency Management. (NRS 239C.250, 239C.270, 388.243, 394.1687, 463.790) Existing law additionally requires each public or private utility that provides water service, electric service or natural gas service to 500 or more service locations, or operates a pipeline necessary to provide such service, and each provider of new electric resources to conduct a vulnerability assessment and submit the assessment to the Division. (NRS 239C.110, 239C.270, 704B.130) Section 1.5 of this bill adds wastewater as one of the services regarding which such a utility is required to conduct and submit a vulnerability assessment and develop and submit an emergency response plan. Section 2 of this bill requires the Public Utilities Commission of Nevada, the Division of Environmental Protection of the State Department of Conservation and Natural Resources and the Office of Energy in the Office of the Governor to coordinate with the Division of Emergency Management to annually compile a list of each utility and provider of new electric resources required to submit a vulnerability assessment and an emergency response plan.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 414.040 is hereby amended to read as follows:
414.040 1. A Division of Emergency Management is hereby created within the Department of Public Safety. The Chief of the Division is appointed by and holds office at the pleasure of the Director of the Department of Public Safety.
κ2021 Statutes of Nevada, Page 261 (CHAPTER 63, SB 14)κ
Department of Public Safety. The Division is the State Agency for Emergency Management and the State Agency for Civil Defense for the purposes of the Compact ratified by the Legislature pursuant to NRS 415.010. The Chief is the States Director of Emergency Management and the States Director of Civil Defense for the purposes of that Compact.
2. The Chief may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his or her office within the appropriation therefor, or from other money made available to him or her for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.
3. The Chief, subject to the direction and control of the Director, shall carry out the program for emergency management in this State. The Chief shall coordinate the activities of all organizations for emergency management within the State, maintain liaison with and cooperate with agencies and organizations of other states and of the Federal Government for emergency management and carry out such additional duties as may be prescribed by the Director.
4. The Chief shall assist in the development of comprehensive, coordinated plans for emergency management by adopting an integrated process, using the partnership of governmental entities, business and industry, volunteer organizations and other interested persons, for the mitigation of, preparation for, response to and recovery from emergencies or disasters. In adopting this process, the Chief shall:
(a) Except as otherwise provided in NRS 232.3532, develop written plans for the mitigation of, preparation for, response to and recovery from emergencies and disasters. The plans developed by the Chief pursuant to this paragraph must include the information prescribed in NRS 414.041 to 414.044, inclusive.
(b) Conduct activities designed to:
(1) Eliminate or reduce the probability that an emergency will occur or to reduce the effects of unavoidable disasters;
(2) Prepare state and local governmental agencies, private organizations and other persons to be capable of responding appropriately if an emergency or disaster occurs by fostering the adoption of plans for emergency operations, conducting exercises to test those plans, training necessary personnel and acquiring necessary resources;
(3) Test periodically plans for emergency operations to ensure that the activities of state and local governmental agencies, private organizations and other persons are coordinated;
(4) Provide assistance to victims, prevent further injury or damage to persons or property and increase the effectiveness of recovery operations; and
(5) Restore the operation of vital community life-support systems and return persons and property affected by an emergency or disaster to a condition that is comparable to or better than what existed before the emergency or disaster occurred.
5. In addition to any other requirement concerning the program of emergency management in this State, the Chief shall:
(a) Maintain an inventory of any state or local services, equipment, supplies, personnel and other resources related to participation in the Nevada Intrastate Mutual Aid System established pursuant to NRS 414A.100;
κ2021 Statutes of Nevada, Page 262 (CHAPTER 63, SB 14)κ
(b) Coordinate the provision of resources and equipment within this State in response to requests for mutual aid pursuant to NRS 414.075 or chapter 414A of NRS;
(c) Coordinate with state agencies, local governments, Indian tribes or nations and special districts to use the personnel and equipment of those state agencies, local governments, Indian tribes or nations and special districts as agents of the State during a response to a request for mutual aid pursuant to NRS 414.075 or 414A.130; and
(d) Provide notice:
(1) On or before February 15 of each year to the governing body of each political subdivision of whether the political subdivision has complied with the requirements of NRS 239C.250;
(2) On or before February 15 of each year to the Chair of the Public Utilities Commission of Nevada of whether each utility that is not a governmental utility and each provider of new electric resources has complied with the requirements of NRS 239C.270;
(3) On or before February 15 of each year to the Governor of whether each governmental utility described in subsection 1 of NRS 239C.050 and each provider of new electric resources has complied with the requirements of NRS 239C.270;
(4) On or before February 15 of each year to the governing body of each governmental utility described in subsection 2 of NRS 239C.050 and each provider of new electric resources of whether each such governmental utility has complied with the requirements of NRS 239C.270;
(5) On or before August 15 of each year to the Superintendent of Public Instruction of whether each board of trustees of a school district, governing body of a charter school or governing body of a private school has complied with the requirements of NRS 388.243 or 394.1687, as applicable; and
(6) On or before November 15 of each year to the Chair of the Nevada Gaming Control Board of whether each resort hotel has complied with the requirements of NRS 463.790.
6. The Division shall:
(a) Perform the duties required pursuant to chapter 415A of NRS;
(b) Perform the duties required pursuant to NRS 353.2753 at the request of a state agency or local government;
(c) Adopt regulations setting forth the manner in which federal funds received by the Division to finance projects related to emergency management and homeland security are allocated, except with respect to any funds committed by specific statute to the regulatory authority of another person or agency, including, without limitation, funds accepted by the State Emergency Response Commission pursuant to NRS 459.740; and
(d) Submit a written report to the Nevada Commission on Homeland Security within 60 days of making a grant of money to a state agency, political subdivision or tribal government to pay for a project or program relating to the prevention of, detection of, mitigation of, preparedness for, response to and recovery from acts of terrorism that includes, without limitation:
(1) The total amount of money that the state agency, political subdivision or tribal government has been approved to receive for the project or program;
(2) A description of the project or program; and
κ2021 Statutes of Nevada, Page 263 (CHAPTER 63, SB 14)κ
(3) An explanation of how the money may be used by the state agency, political subdivision or tribal government.
7. The Division shall develop a written guide for the preparation and maintenance of an emergency response plan to assist a person or governmental entity that is required to file a plan pursuant to NRS 239C.250, 239C.270, 388.243, 394.1687 or 463.790. The Division shall review the guide on an annual basis and revise the guide if necessary. On or before January 15 of each year, the Division shall [provide] post the guide [to:
(a) Each political subdivision required to adopt a response plan pursuant to NRS 239C.250;
(b) Each utility and each provider of new electric resources required to prepare and maintain an emergency response plan pursuant to NRS 239C.270;
(c) Each development committee required to develop a plan to be used in responding to a crisis, emergency or suicide by:
(1) A public school or charter school pursuant to NRS 388.243; or
(2) A private school pursuant to NRS 394.1687; and
(d) Each resort hotel required to adopt an emergency response plan pursuant to NRS 463.790.] on a publicly accessible Internet website maintained by the Division.
8. The Division shall provide a copy of the written guide developed pursuant to subsection 7 to a person or governmental entity that is required to file a plan pursuant to NRS 239C.250, 239C.270, 388.243, 394.1687 or 463.790 upon the request of such a person or entity.
Sec. 1.5. NRS 239C.110 is hereby amended to read as follows:
239C.110 1. Utility means any public or private entity that:
(a) Provides water service, wastewater service, electric service or natural gas service to 500 or more service locations; or
(b) Operates any pipeline that is necessary to provide such service.
2. The term includes, without limitation:
(a) A governmental utility.
(b) A public utility that is regulated by the Public Utilities Commission of Nevada pursuant to chapter 704 of NRS.
(c) A rural electric cooperative established pursuant to chapter 81 of NRS.
(d) A cooperative association, nonprofit corporation, nonprofit association or provider of electric service which is declared to be a public utility pursuant to NRS 704.673 and which provides service only to its members.
(e) A community water system that is subject to the requirements of 42 U.S.C. § 300i-2.
Sec. 2. NRS 239C.270 is hereby amended to read as follows:
239C.270 1. Each utility and each provider of new electric resources shall:
(a) Conduct a vulnerability assessment in accordance with the requirements of the federal and regional agencies that regulate the utility or provider; and
(b) Prepare and maintain an emergency response plan in accordance with the requirements of the federal and regional agencies that regulate the utility or provider.
2. Each utility shall:
κ2021 Statutes of Nevada, Page 264 (CHAPTER 63, SB 14)κ
(a) As soon as practicable but not later than December 31, 2003, submit its vulnerability assessment and emergency response plan to the Division; and
(b) At least once each year thereafter, review its vulnerability assessment and emergency response plan and, as soon as practicable after its review is completed but not later than December 31 of each year, submit the results of its review and any additions or modifications to its emergency response plan to the Division.
3. Each provider of new electric resources shall:
(a) As soon as practicable but not later than December 31, 2019, submit its vulnerability assessment and emergency response plan to the Division; and
(b) At least once each year thereafter, review its vulnerability assessment and emergency response plan and, as soon as practicable after its review is completed but not later than December 31 of each year, submit the results of its review and any additions or modifications to its emergency response plan to the Division.
4. On or before June 30 of each year, the Public Utilities Commission of Nevada, the Division of Environmental Protection of the State Department of Conservation and Natural Resources and the Office of Energy shall coordinate with the Division to compile a list of each utility and provider of new electric resources required to submit a vulnerability assessment and an emergency response plan pursuant to subsection 2 or 3.
5. Except as otherwise provided in NRS 239.0115, each vulnerability assessment and emergency response plan of a utility or provider of new electric resources and any other information concerning a utility or provider that is necessary to carry out the provisions of this section is confidential and must be securely maintained by each person or entity that has possession, custody or control of the information.
[5.] 6. Except as otherwise provided in NRS 239C.210, a person shall not disclose such information, except:
(a) Upon the lawful order of a court of competent jurisdiction;
(b) As is reasonably necessary to carry out the provisions of this section or the operations of the utility or provider of new electric resources, as determined by the Division;
(c) As is reasonably necessary in the case of an emergency involving public health or safety, as determined by the Division; or
(d) Pursuant to the provisions of NRS 239.0115.
[6.] 7. If a person knowingly and unlawfully discloses such information or assists, solicits or conspires with another person to disclose such information, the person is guilty of:
(a) A gross misdemeanor; or
(b) A category C felony and shall be punished as provided in NRS 193.130 if the person acted with the intent to:
(1) Commit, cause, aid, further or conceal, or attempt to commit, cause, aid, further or conceal, any unlawful act involving terrorism or sabotage; or
(2) Assist, solicit or conspire with another person to commit, cause, aid, further or conceal any unlawful act involving terrorism or sabotage.
[7.] 8. As used in this section, provider of new electric resources has the meaning ascribed to it in NRS 704B.130.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 265κ
Senate Bill No. 15Committee on Government Affairs
CHAPTER 64
[Approved: May 26, 2021]
AN ACT relating to grants; revising provisions governing the powers and duties of the Administrator of the Office of Grant Procurement, Coordination and Management of the Department of Administration; 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. (NRS 232.213) Existing law requires the Administrator of the Office to: (1) perform certain duties related to grant procurement, coordination and management, some of which the Administrator is required to perform to the greatest extent practicable; and (2) biennially submit to the Director of the Legislative Counsel Bureau a report regarding activities related to grants in this State. (NRS 232.224) This bill applies the standard of the greatest extent practicable to the performance of all these duties of the Administrator except the submission of the biennial report.
Existing law also authorizes the Administrator to: (1) adopt regulations necessary to carry out his or her powers and duties; (2) provide certain training and technical assistance regarding grant procurement, coordination and management; and (3) provide administrative support to the Nevada Advisory Council on Federal Assistance. (NRS 232.224) This bill additionally authorizes the Administrator to develop and maintain a manual of policies and procedures relating to grant procurement, coordination and management for state agencies.
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 232.224 is hereby amended to read as follows:
232.224 1. The Administrator of the Office of Grant Procurement, Coordination and Management shall [:] , to the greatest extent practicable:
(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] Ensure that state agencies are aware of any grant opportunities for which they are or may be eligible.
κ2021 Statutes of Nevada, Page 266 (CHAPTER 64, SB 15)κ
(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] 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)] 2. On or before January 1 of each odd-numbered year, the Administrator shall 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.] 3. The Administrator may:
(a) Adopt regulations to carry out the provisions of this section and NRS 232.225 and 232.226.
(b) Develop and maintain a manual of policies and procedures relating to grant procurement, coordination and management for state agencies.
(c) Provide training on grant procurement, coordination and management to state agencies.
[(c)] (d) Provide training and technical assistance regarding grant procurement, coordination and management to local governments, tribal governments and nonprofit organizations.
[(d)] (e) Provide administrative support to the Nevada Advisory Council on Federal Assistance created by NRS 358.020.
Sec. 2. This act becomes effective on July 1, 2021.
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κ2021 Statutes of Nevada, Page 267κ
Senate Bill No. 16Committee on Government Affairs
CHAPTER 65
[Approved: May 26, 2021]
AN ACT relating to minority affairs; transferring the duty to provide staff assistance to the Nevada Commission on Minority Affairs from the Department of Administration to the Department of Business and Industry; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Nevada Commission on Minority Affairs, consisting of nine members appointed by the Legislative Commission, to study matters affecting the social and economic welfare and well-being of minorities residing in Nevada, collect data and perform other related duties. (NRS 232.850-232.866) Under existing law, the Nevada Commission on Minority Affairs is part of the Department of Business and Industry. (NRS 232.510; section 44 of chapter 348, Statutes of Nevada 2007, at page 1676) This bill transfers the duty to provide staff assistance to the Nevada Commission on Minority Affairs from the Director of the Department of Administration to the Director of the Department of Business and Industry. (NRS 232.505, 232.864)
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 232.864 is hereby amended to read as follows:
232.864 1. The Director [of the Department of Administration] shall provide staff assistance to the Commission as the Governor deems appropriate.
2. The Commission may engage the services of volunteer workers and consultants without compensation as is necessary from time to time.
Sec. 2. 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.
κ2021 Statutes of Nevada, Page 268 (CHAPTER 65, SB 16)κ
as if taken by the officer, agency or other entity to which the responsibility for the enforcement of such actions has been transferred.
Sec. 3. This act becomes effective on July 1, 2021.
________
Senate Bill No. 18Committee on Growth and Infrastructure
CHAPTER 66
[Approved: May 26, 2021]
AN ACT relating to public utilities; increasing the maximum amount of administrative fines that the Public Utilities Commission of Nevada is authorized to assess for certain violations relating to public utilities; authorizing the Commission to assess an administrative fine on a person who provides inaccurate or misleading information to the Commission under certain circumstances; revising certain provisions related to determining the amount of certain administrative fines assessed by the Commission; increasing criminal penalties for certain violations relating to public utilities; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, a person who violates a regulation adopted by the Public Utilities Commission of Nevada relating to the operation and maintenance of storage facilities and intrastate pipelines used to store and transport natural gas or liquefied petroleum gas is liable for an administrative fine not to exceed $1,000 per day for each day of the violation, up to a maximum of $200,000 for any related series of violations. (NRS 703.154) Section 1 of this bill increases this maximum administrative fine to $200,000 per day for each day of the violation, up to a maximum of $2,000,000 for any related series of violations.
Under existing law, a person is liable for an administrative fine to be assessed by the Commission if the person: (1) violates certain provisions relating to public utilities; (2) violates any rule or regulation of the Commission; or (3) fails, neglects or refuses to obey an order of the Commission. (NRS 703.380) Section 2 of this bill increases the maximum administrative fine for such violations that are knowing and willful, or detrimental to public health or safety, from $1,000 per day to $200,000 per day for each day of the violation and increases the maximum total from $100,000 to $5,000,000 for any related series of violations. For any other violation, section 2 increases the maximum administrative fine to $100,000 per day, not to exceed $2,000,000 for any related series of violations. Section 2 authorizes the Commission to also assess an administrative fine in that increased maximum amount if a person provides to the Commission information which is materially inaccurate or misleading and which the person knew or through the exercise of reasonable care and diligence should have known was materially inaccurate or misleading.
Existing law requires the Commission to consider certain factors in determining the amount of an administrative fine. (NRS 703.380) Section 2 expands these factors to include: (1) the nature and circumstances of the violation, including the actual or potential financial impact and actual or potential impact on public health and safety; (2) whether the violation was willful; (3) the good faith of the person charged in detecting and voluntarily disclosing the violation to the Commission; (4) the good faith of the person charged in attempting to achieve compliance after notification of a violation and to prevent the reoccurrence of similar violations in the future; (5) the history of compliance or noncompliance; (6) the economic benefit of the violation, or lack thereof, to the person charged; (7) the amounts of administrative fines assessed previously by the Commission for similar violations; and (8) such other factors as necessary to determine the reasonableness of the administrative fine.
κ2021 Statutes of Nevada, Page 269 (CHAPTER 66, SB 18)κ
lack thereof, to the person charged; (7) the amounts of administrative fines assessed previously by the Commission for similar violations; and (8) such other factors as necessary to determine the reasonableness of the administrative fine.
Section 2 additionally provides that certain limits on administrative fines do not restrict the Commissions authority to require a public utility to restore funding to a program or account as necessary to achieve compliance with an applicable statute or regulation or order of the Commission.
Section 3 of this bill increases the maximum amount of a criminal fine that may be imposed on a person who commits certain violations relating to public utilities from $500 to $50,000. (NRS 704.640)
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 703.154 is hereby amended to read as follows:
703.154 1. The Commission may adopt such regulations as are necessary to ensure the safe operation and maintenance of all storage facilities and intrastate pipelines in this State which are used to store and transport natural gas, liquefied petroleum gas, in its liquid or vapor form, or any mixture thereof. Regulations adopted pursuant to this subsection do not apply to activities that are subject to the provisions of NRS 590.465 to 590.645, inclusive, or chapter 704 of NRS.
2. If the Commission and any other governmental entity or agency of the State have coexisting jurisdiction over the regulation of such storage facilities and intrastate pipelines, the Commission has the final authority to regulate those facilities and pipelines and to take such actions as are necessary to carry out the regulations adopted pursuant to subsection 1.
3. A person who violates any of the provisions of a regulation adopted by the Commission pursuant to subsection 1 is liable for an administrative fine not to exceed [$1,000] $200,000 per day for each day of the violation and not to exceed [$200,000] $2,000,000 for any related series of violations. The amount of the administrative fine must be determined in the manner provided in NRS 703.380.
Sec. 2. NRS 703.380 is hereby amended to read as follows:
703.380 1. Unless another administrative fine is specifically provided, a person, including, without limitation, a public utility, alternative seller, provider of discretionary natural gas service, provider of new electric resources or holder of any certificate of registration, license or permit issued by the Commission, or any officer, agent or employee of a public utility, alternative seller, provider of discretionary natural gas service, provider of new electric resources or holder of any certificate of registration, license or permit issued by the Commission who:
(a) Violates any applicable provision of this chapter or chapter 704, 704B, 705 or 708 of NRS, including, without limitation, the failure to pay any applicable tax, fee or assessment;
(b) Violates any rule or regulation of the Commission; [or]
(c) Fails, neglects or refuses to obey any order of the Commission or any order of a court requiring compliance with an order of the Commission [,] ; or
(d) Provides to the Commission information which is materially inaccurate or misleading and which the person knew or through the exercise of reasonable care and diligence should have known was materially inaccurate or misleading,
κ2021 Statutes of Nevada, Page 270 (CHAPTER 66, SB 18)κ
exercise of reasonable care and diligence should have known was materially inaccurate or misleading,
Κ is liable for an administrative fine, to be assessed by the Commission after notice and the opportunity for a hearing . [, in an amount] If the Commission determines that a violation was willful and knowing, or detrimental to public health or safety, the administrative fine must not [to] exceed [$1,000] $200,000 per day for each day of the violation and not [to] exceed [$100,000] $5,000,000 for any related series of violations. For any other violation, the administrative fine must not exceed $100,000 per day and not exceed $2,000,000 for any related series of violations.
2. In determining the amount of the administrative fine, and to ensure that the fine is proportional to the violation, the Commission shall consider [the] :
(a) The appropriateness of the fine to the size of the business of the person charged [, the] ;
(b) The nature, circumstances and gravity of the violation, including, without limitation, the actual or potential financial impact and actual or potential impact on public health and safety of the violation;
(c) Whether the violation was willful;
(d) The good faith of the person charged in detecting and voluntarily disclosing the violation to the Commission;
(e) The good faith of the person charged in attempting to achieve compliance after notification of [a] the violation and to prevent the reoccurrence of similar violations in the future;
(f) The history of compliance or noncompliance, including, without limitation, any repeated violations committed by the person charged [.] ;
(g) The economic benefit of the violation, or lack thereof, to the person charged;
(h) The amounts of administrative fines assessed previously by the Commission for similar violations, if any; and
(i) Such other factors as are necessary to determine the reasonableness of the administrative fine.
3. The limitations on the amount of an administrative fine in subsection 1 do not restrict the authority of the Commission to require a public utility to restore funding to a program or account as necessary to achieve compliance with an applicable statute or regulation or an order of the Commission.
4. An administrative fine assessed pursuant to this section is not a cost of service of a public utility and may not be included in any new application by a public utility for a rate adjustment or rate increase.
[4.] 5. All money collected by the Commission as an administrative fine pursuant to this section must be deposited in the State General Fund.
[5.] 6. The Commission may bring an appropriate action in its own name for the collection of any administrative fine that is assessed pursuant to this section. A court shall award costs and reasonable attorneys fees to the prevailing party in an action brought pursuant to this subsection.
[6.] 7. The administrative fine prescribed by this section is in addition to any other remedies, other than a monetary fine, provided by law, including, without limitation, the authority of the Commission to revoke a certificate of public convenience and necessity, license or permit pursuant to NRS 703.377.
κ2021 Statutes of Nevada, Page 271 (CHAPTER 66, SB 18)κ
Sec. 3. NRS 704.640 is hereby amended to read as follows:
704.640 Except as otherwise provided in NRS 704.6881 to 704.6884, inclusive, any person who:
1. Operates any public utility to which NRS 704.005 to 704.754, inclusive, 704.9901 and 704.993 to 704.999, inclusive, apply without first obtaining a certificate of public convenience and necessity or in violation of its terms;
2. Fails to make any return or report required by NRS 704.005 to 704.754, inclusive, 704.9901 and 704.993 to 704.999, inclusive, or by the Commission pursuant to NRS 704.005 to 704.754, inclusive, 704.9901 and 704.993 to 704.999, inclusive;
3. Violates, or procures, aids or abets the violating of any provision of NRS 704.005 to 704.754, inclusive, 704.9901 and 704.993 to 704.999, inclusive;
4. Fails to obey any order, decision or regulation of the Commission;
5. Procures, aids or abets any person in the failure to obey the order, decision or regulation; or
6. Advertises, solicits, proffers bids or otherwise holds himself, herself or itself out to perform as a public utility in violation of any of the provisions of NRS 704.005 to 704.754, inclusive, 704.9901 and 704.993 to 704.999, inclusive,
Κ shall be fined not more than [$500.] $50,000.
Sec. 4. This act becomes effective on July 1, 2021.
________
Assembly Bill No. 2Committee on Government Affairs
CHAPTER 67
[Approved: May 25, 2021]
AN ACT relating to public bodies; revising provisions relating to the prohibition against gubernatorial appointees serving simultaneously on more than one board, commission or similar body; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes provisions relating to appointments by the Governor to boards, commissions or similar bodies. Under existing law, the Governor is prohibited from appointing a person to a board, commission or similar body if the person is a member of any other board, commission or similar body. (NRS 232A.020) This bill revises the prohibition against gubernatorial appointees serving simultaneously on multiple boards, commissions or similar bodies by prohibiting the appointment of a person if he or she is a member of three other boards, commissions or similar bodies.
κ2021 Statutes of Nevada, Page 272 (CHAPTER 67, AB 2)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. (Deleted by amendment.)
Sec. 2. NRS 232A.020 is hereby amended to read as follows:
232A.020 1. Except as otherwise provided in this section, a person appointed to a new term or to fill a vacancy on a board, commission or similar body by the Governor must have, in accordance with the provisions of NRS 281.050, actually, as opposed to constructively, resided, for the 6 months immediately preceding the date of the appointment:
(a) In this State; and
(b) If current residency in a particular county, district, ward, subdistrict or any other unit is prescribed by the provisions of law that govern the position, also in that county, district, ward, subdistrict or other unit.
2. After the Governors initial appointments of members to boards, commissions or similar bodies, all such members shall hold office for terms of 3 years or until their successors have been appointed and have qualified.
3. A vacancy on a board, commission or similar body occurs when a member dies, resigns, becomes ineligible to hold office or is absent from the State for a period of 6 consecutive months.
4. Any vacancy must be filled by the Governor for the remainder of the unexpired term.
5. A member appointed to a board, commission or similar body as a representative of the general public must be a person who:
(a) Has an interest in and a knowledge of the subject matter which is regulated by the board, commission or similar body; and
(b) Does not have a pecuniary interest in any matter which is within the jurisdiction of the board, commission or similar body.
6. Except as otherwise provided in NRS 232.162, the Governor shall not appoint a person to a board, commission or similar body if the person is a member of [any] three other [board, commission] boards, commissions or similar [body.] bodies.
7. The provisions of subsection 1 do not apply if:
(a) A requirement of law concerning another characteristic or status that a member must possess, including, without limitation, membership in another organization, would make it impossible to fulfill the provisions of subsection 1; or
(b) The membership of the particular board, commission or similar body includes residents of another state and the provisions of subsection 1 would conflict with a requirement that applies to all members of that body.
Sec. 3. (Deleted by amendment.)
Sec. 4. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 273κ
Assembly Bill No. 13Committee on Government Affairs
CHAPTER 68
[Approved: May 25, 2021]
AN ACT relating to state financial administration; revising requirements related to certain financial reporting by the State Controller; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Nevada Constitution provides for the election of a Controller. (Nev. Const. Art. 5, § 19) In addition to the duties appurtenant to this constitutional office, the State Controller is required by the Nevada Constitution to perform such other duties as may be prescribed by law. (Nev. Const. Art. 5, § 22; State ex rel. Lewis v. Doron, 5 Nev. 399 (1870)) As part of those statutory duties, the State Controller is required to annually digest, prepare and report certain financial information to the Governor and the Legislature, including a complete statement of: (1) the condition of the revenue, taxable funds, resources, income and property of the State; and (2) the amount of the expenditures for the preceding fiscal year. (NRS 227.110) This bill revises the required contents of the complete statement in the annual report to instead address the change from the immediately preceding fiscal year in: (1) the assets, liabilities and resources of the State; and (2) the amount of expenditures and revenues for the programs provided by the State.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 227.110 is hereby amended to read as follows:
227.110 1. The State Controller shall annually digest, prepare and report to the Governor and the Legislature:
(a) A complete statement of the [condition of the revenue, taxable funds,] change from the immediately preceding fiscal year in:
(1) The assets, liabilities and resources [, income and property] of the State ; [,] and [the]
(2) The amount of the expenditures and revenues for the [preceding fiscal year.] programs provided by the State.
(b) A full and detailed statement of the public debt.
(c) A tabular statement showing separately the whole amount of each appropriation of money made by law, the amount paid under each of those appropriations, and the balance unexpended.
(d) A tabular statement showing the amount of revenue collected from each county for the preceding year.
2. The State Controller may recommend such plans as he or she deems expedient for the support of the public credit, for promoting frugality and economy, and for the better management and more perfect understanding of the fiscal affairs of the State.
Sec. 2. 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.
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κ2021 Statutes of Nevada, Page 274κ
Assembly Bill No. 14Committee on Government Affairs
CHAPTER 69
[Approved: May 25, 2021]
AN ACT relating to emergency management; revising requirements regarding the frequency of meetings of the Nevada Resilience Advisory Committee, the Nevada Tribal Emergency Coordinating Council and the State Disaster Identification Coordination Committee; revising provisions relating to the reporting by a provider of health care of certain information regarding the treatment of certain persons to the State Disaster Identification Coordination Committee; revising the duties of the State Disaster Identification Coordination Committee; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Nevada Resilience Advisory Committee and requires the Nevada Resilience Advisory Committee to perform certain duties relating to emergency management, emergency response and homeland security. (NRS 239C.400, 239C.440) Section 1 of this bill changes the required frequency in existing law of meetings of the Nevada Resilience Advisory Committee from at least once a month to at least once each quarter. (NRS 239C.410)
Existing law creates the Nevada Tribal Emergency Coordinating Council within the Division of Emergency Management of the Department of Public Safety and requires the Nevada Tribal Emergency Coordinating Council to: (1) perform certain duties relating to emergency management on tribal lands; and (2) meet at least once every 3 months. (NRS 414.165) Section 2 of this bill instead requires the Nevada Tribal Emergency Coordinating Council to meet as frequently as required to perform its duties, but at least once each quarter.
Existing law establishes the State Disaster Identification Coordination Committee within the Division of Emergency Management and requires the State Disaster Identification Coordination Committee to develop a plan for the sharing of information among state, local and tribal governmental agencies during the existence of a state of emergency or declaration of disaster. (NRS 414.270, 414.280, 414.285) Section 3 of this bill changes the required frequency in existing law of meetings of the State Disaster Identification Coordination Committee from at least once each calendar quarter to as frequently as required to perform its duties, but not less than once each calendar year. (NRS 414.270)
Existing law authorizes the Chief of the Division to activate the State Disaster Identification Coordination Committee or a subcommittee thereof during a state of emergency or a declaration of a disaster. Upon activation, existing law requires the State Disaster Identification Coordination Committee or a subcommittee thereof to: (1) coordinate the sharing of information regarding persons who appear to have been injured or killed or contracted an illness in the emergency; and (2) perform certain other duties. (NRS 414.285) Section 5 of this bill removes the requirement that the State Disaster Identification Coordination Committee or a subcommittee thereof perform certain specified duties upon activation, but maintains the requirement in existing law regarding coordinating the sharing of information.
Existing law requires, to the extent feasible, a provider of health care to whom a person comes or is brought for the treatment of an injury inflicted during a state of emergency or declaration of disaster or an illness contracted during a public health emergency or other health event to submit a report to the State Disaster Identification Coordination Committee.
κ2021 Statutes of Nevada, Page 275 (CHAPTER 69, AB 14)κ
emergency or other health event to submit a report to the State Disaster Identification Coordination Committee. (NRS 629.043) Section 6 of this bill makes the submission of such a report by a provider of health care discretionary. Section 4 of this bill makes a conforming change related to the submission of the report being made discretionary.
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 239C.410 is hereby amended to read as follows:
239C.410 1. The Nevada Resilience Advisory Committee shall meet at the call of the Chair of the Committee as frequently as required to perform its duties, but not less than once [a month.] each quarter.
2. A majority of the voting members of the Committee constitutes a quorum for the transaction of business, and a majority of those voting members present at any meeting is sufficient for any official action taken by the Committee.
Sec. 2. NRS 414.165 is hereby amended to read as follows:
414.165 1. The Nevada Tribal Emergency Coordinating Council, consisting of not more than 27 members appointed by the Chief, is hereby created within the Division of Emergency Management of the Department of Public Safety. The Chief shall appoint each member from a different federally recognized Indian tribe or nation, all or part of which is located within the boundaries of this State. A member of the Council may not represent more than one federally recognized Indian tribe or nation.
2. The term of office of each member of the Council is 2 years.
3. The Council shall meet at the call of the Chief [and at least once every 3 months.] as frequently as required to perform its duties, but not less than once each quarter.
4. The Division of Emergency Management shall provide the Council with administrative support.
5. The Council shall:
(a) Advise the Chief regarding emergency management on tribal lands;
(b) Assist in the coordination of mitigation, preparedness, response and recovery activities related to an emergency on tribal lands; and
(c) Submit an annual report to the Chief on or before January 31 of each year which must include, without limitation:
(1) A summary of the activities of the Council during the immediately preceding calendar year; and
(2) Recommendations relating to emergency management on tribal lands.
6. The Attorney General shall enter into any agreements necessary to carry out the provisions of this section.
Sec. 3. NRS 414.270 is hereby amended to read as follows:
414.270 1. A State Disaster Identification Coordination Committee is hereby established within the Division of Emergency Management of the Department of Public Safety. The Chief shall appoint to the State Disaster Identification Coordination Committee:
(a) One or more representatives of a state or local organization for emergency management;
(b) One or more representatives of the office of a county coroner;
κ2021 Statutes of Nevada, Page 276 (CHAPTER 69, AB 14)κ
(c) One or more representatives of the Office of the Attorney General;
(d) One or more representatives of the Nevada Hospital Association or its successor organization;
(e) One or more representatives of a state or local public health agency whose duties relate to emergency preparedness;
(f) The Chief Medical Officer;
(g) An employee of the Department of Health and Human Services whose duties relate to ensuring compliance with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and any applicable regulations; and
(h) A consumer of healthcare services.
2. The State Disaster Identification Coordination Committee shall meet at [least] the call of the Chief as frequently as required to perform its duties, but not less than once each calendar [quarter.] year.
3. The provisions of chapter 241 of NRS do not apply to any meeting held by the State Disaster Identification Coordination Committee or a subcommittee thereof.
Sec. 4. NRS 414.280 is hereby amended to read as follows:
414.280 The State Disaster Identification Coordination Committee shall:
1. Notify providers of health care, as defined in NRS 629.031, in writing of the [requirements] provisions of NRS 629.043.
2. Develop a plan for performing [the] its duties [prescribed in] pursuant to NRS 414.285 during activation. Such a plan is confidential and must be securely maintained by each person who has possession, custody or control of the plan.
3. Annually review the plan developed pursuant to subsection 2 and annually practice carrying out the plan.
4. On or before January 31 of each year, submit a report to the Chief, the Governor and the Director of the Legislative Counsel Bureau for transmittal to the next session of the Legislature, if the report is submitted in an even-numbered year, or the Legislative Commission, if the report is submitted in an odd-numbered year. The report must include, without limitation:
(a) A description of the activities of the State Disaster Identification Coordination Committee for the immediately preceding calendar year; and
(b) A summary of any policies or procedures adopted by the State Disaster Identification Coordination Committee for the immediately preceding calendar year.
Sec. 5. NRS 414.285 is hereby amended to read as follows:
414.285 [1.] The Chief may activate the State Disaster Identification Coordination Committee or any subcommittee thereof to coordinate the sharing of information among state, local and tribal governmental agencies regarding persons who appear to have been injured or killed or contracted an illness:
[(a)] 1. During the existence of a state of emergency or declaration of disaster pursuant to NRS 414.070 or a public health emergency or other health event pursuant to NRS 439.970; or
[(b)] 2. During an emergency in a political subdivision, upon the request of a political subdivision, if the Chief determines that the political subdivision requires the services of the Committee.
κ2021 Statutes of Nevada, Page 277 (CHAPTER 69, AB 14)κ
[2. If activated pursuant to subsection 1, the State Disaster Identification Coordination Committee or subcommittee thereof shall:
(a) Determine which state, local or tribal governmental agencies have a legitimate need for the information received pursuant to NRS 629.043 and distribute that information to those agencies.
(b) Determine the specific information a state, local or tribal governmental agency must share to assist other state, local or tribal governmental agencies to:
(1) Identify a person who appears to have been injured or killed or contracted an illness as a result of the emergency, disaster or other event;
(2) Notify members of the family of a person who appears to have been injured or killed or contracted an illness as a result of the emergency, disaster or other event; or
(3) Reunite a person who appears to have been injured or killed or contracted an illness as a result of the emergency, disaster or other event with members of his or her family.
(c) Establish a registry of persons who appear to have been injured or killed or contracted an illness as a result of the emergency, disaster or other event and make the registry available to state, local or tribal governmental agencies.
(d) Ensure compliance with the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and any applicable regulations and any other federal or state law.]
Sec. 6. NRS 629.043 is hereby amended to read as follows:
629.043 1. [To the extent feasible, every] A provider of health care to whom any person comes or is brought for the treatment of an injury which the provider concludes was inflicted during the existence of a state of emergency or declaration of disaster pursuant to NRS 414.070 or an illness which the provider concludes was contracted during a public health emergency or other health event pursuant to NRS 439.970 [shall] may submit a written report electronically to the State Disaster Identification Coordination Committee . [on a form prescribed by the State Disaster Identification Coordination Committee.]
2. [The] If a provider of health care submits a report [required by] pursuant to subsection 1 , the report must include, without limitation:
(a) The name, address, telephone number and electronic mail address of the person treated, if known;
(b) The location where the person was treated; and
(c) The character or extent of the injuries or illness of the person treated.
3. A provider of health care and his or her agents and employees are immune from any civil action for any disclosures made in good faith in accordance with the provisions of this section.
Sec. 7. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 278κ
Assembly Bill No. 20Committee on Revenue
CHAPTER 70
[Approved: May 25, 2021]
AN ACT relating to taxation; revising the types of film and other productions for which a production company may apply for certain transferrable tax credits; revising provisions governing the eligibility of a production company for certain transferrable tax credits; revising provisions governing the calculation of the amount of transferrable tax credits issued to a qualified production company; expanding the circumstances under which the Office of Economic Development is authorized to withhold transferrable tax credits; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes a program for the issuance of transferable tax credits by the Office of Economic Development to the production company of a motion picture or other qualified production, based upon qualified direct production expenditures made for the purchase of personal property or services from a Nevada business. (NRS 360.758-360.7598)
Section 1 of this bill revises the types of qualified productions for which a production company may apply for transferable tax credits by: (1) removing interstitial television programming and interstitial advertising as qualified productions; (2) removing certain limitations on reality shows; and (3) making an episode of a series a qualified production. (NRS 360.7586)
Existing law requires a production company to provide the Office with an audit of the qualified production not later than 90 days after the completion of principal photography or postproduction. (NRS 360.759) Section 2 of this bill requires the audit to be submitted within 270 days after the completion of principal photography or postproduction, unless the Office agrees to extend the period for submitting the audit by not more than 90 days. Section 2 also removes a requirement for a business address of the production company to be in this State and authorizes rather than requires the Office to approve an application for transferable tax credits if a production company is found to be eligible. Section 2 also requires that to be eligible for transferable tax credits, the production company is required to enter into a written agreement with the Office that requires the production company to include a logo of this State in the end screen credits or, if the qualified production does not include end screen credits, an acknowledgement in the final version of the qualified production that the qualified production was filmed or otherwise produced in Nevada.
Existing law provides that in order for tangible personal property that is acquired by a Nevada business from a vendor outside this State for immediate resale, rental or lease to a production company to be considered a qualified direct production expenditure, not more than 50 percent of the property purchased, rented or leased by the production company for the qualified production may be acquired and purchased, rented or leased in that manner. (NRS 360.7591) Section 3 of this bill excludes from consideration as property acquired in this manner tangible personal property that remains an asset of a Nevada business after the production of the qualified production has ended. Section 3 also: (1) removes the requirement for qualified direct production expenditures to be made on or after the date on which the production company submits an application for transferable tax credits to the Office and, instead, requires qualified direct production expenditures to be made during the period in which the qualified production is produced;
κ2021 Statutes of Nevada, Page 279 (CHAPTER 70, AB 20)κ
qualified production is produced; and (2) requires the calculation of the costs that constitute a qualified direct production expenditure by a production company to acquire tangible personal property as an asset to be performed according to regulations adopted by the Office.
Existing law authorizes the Office to withhold the transferrable tax credits, in whole or in part, until any pending legal action in Nevada against a production company or involving a qualified production is resolved. (NRS 360.7592) Section 4 of this bill authorizes the Office to also withhold the transferrable tax credits, in whole or in part, for violations of state or local law or if the production company is found to have submitted any false statement, representation or certification for the purpose of obtaining the tax credits.
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 360.7586 is hereby amended to read as follows:
360.7586 1. Qualified production includes preproduction, production and postproduction and means:
(a) A theatrical, direct-to-video or other media motion picture.
(b) A made-for-television motion picture.
(c) Visual effects or digital animation sequences.
(d) A television pilot program.
(e) [Interstitial television programming.
(f)] A television, Internet or other media series, including, without limitation, a comedy, drama, miniseries, soap opera, talk show, game show or telenovela [.] , or an episode of such a series.
[(g)] (f) A reality show . [, if not less than six episodes are produced concurrently in this State and the total of the qualified direct production expenditures for those episodes is $500,000 or more.
(h)] (g) A national or regional commercial or series of commercials.
[(i)] (h) An infomercial.
[(j) An interstitial advertisement.
(k)] (i) A music video.
[(l)] (j) A documentary film or series.
[(m)] (k) Other visual media productions, including, without limitation, video games and mobile applications.
2. The term does not include:
(a) A news, weather or current events program.
(b) A production that is primarily produced for industrial, corporate or institutional use.
(c) A telethon or any production that solicits money, other than a production which is produced for national distribution.
(d) A political advertisement.
(e) A sporting event [.] , including, without limitation, a sportscast, preshow, postshow or sports newscast related to a sporting event. A qualified production described by subsection 1 shall not be deemed a sporting event for the purposes of this paragraph for the sole reason that it features athletes or relates to sports.
(f) A gala , pageant or awards show.
(g) Any other type of production that is excluded by regulations adopted by the Office of Economic Development pursuant to NRS 360.759.
κ2021 Statutes of Nevada, Page 280 (CHAPTER 70, AB 20)κ
Sec. 2. NRS 360.759 is hereby amended to read as follows:
360.759 1. A production company that produces a qualified production in this State in whole or in part may apply to the Office of Economic Development for a certificate of eligibility for transferable tax credits for any qualified direct production expenditures. The transferable tax credits may be applied to:
(a) Any tax imposed by chapters 363A and 363B of NRS;
(b) The gaming license fees imposed by the provisions of NRS 463.370;
(c) Any tax imposed pursuant to chapter 680B of NRS; or
(d) Any combination of the fees and taxes described in paragraphs (a), (b) and (c).
2. The Office [shall] may approve an application for a certificate of eligibility for transferable tax credits if the Office finds that the production company producing the qualified production qualifies for the transferable tax credits pursuant to subsection 3 . [and] If the Office approves the application, the Office shall calculate the estimated amount of the transferable tax credits pursuant to NRS 360.7592, 360.7593 and 360.7594.
3. To be eligible for transferable tax credits pursuant to this section, a production company must:
(a) Submit an application that meets the requirements of subsection 4;
(b) Provide proof satisfactory to the Office that the qualified production is in the economic interest of the State;
(c) Provide proof satisfactory to the Office that 70 percent or more of the funding for the qualified production has been obtained;
(d) Provide proof satisfactory to the Office that at least 60 percent of the direct production expenditures for:
(1) Preproduction;
(2) Production; and
(3) If any direct production expenditures for postproduction will be incurred in this State, postproduction,
Κ of the qualified production will be incurred in this State as qualified direct production expenditures;
(e) Not later than [90] 270 days after the completion of principal photography of the qualified production or, if any direct production expenditures for postproduction will be incurred in this State, not later than [90] 270 days after the completion of postproduction, unless the Office agrees to extend this period by not more than 90 days, provide the Office with an audit of the qualified production that includes an itemized report of qualified direct production expenditures which:
(1) Shows that the qualified production incurred qualified direct production expenditures of $500,000 or more; and
(2) Is certified by an independent certified public accountant in this State who is approved by the Office;
(f) Pay the cost of the audit required by paragraph (e); [and]
(g) Enter into a written agreement with the Office that requires the production company to include:
(1) In the end screen credits of the qualified production, a logo of this State provided by the Office which indicates that the qualified production was filmed or otherwise produced in Nevada; or
κ2021 Statutes of Nevada, Page 281 (CHAPTER 70, AB 20)κ
(2) If the qualified production does not have end screen credits, another acknowledgement in the final version of the qualified production which indicates that the qualified production was filmed or otherwise produced in Nevada; and
(h) Meet any other requirements prescribed by regulation pursuant to this section.
4. An application submitted pursuant to subsection 3 must contain:
(a) A script, storyboard or synopsis of the qualified production;
(b) The names of the production company, producer, director and proposed cast;
(c) An estimated timeline to complete the qualified production;
(d) A summary of the budgeted expenditures for the entire production, including projected expenditures to be incurred outside of Nevada;
(e) Details regarding the financing of the project, including, without limitation, any information relating to a binding financing commitment, loan application, commitment letter or investment letter;
(f) An insurance certificate, binder or quote for general liability insurance of $1,000,000 or more;
(g) The business address of the production company ; [, which must be an address in this State;]
(h) Proof that the qualified production meets any applicable requirements relating to workers compensation insurance;
(i) Proof that the production company has secured all licenses and registrations required to do business in each location in this State at which the qualified production will be produced; and
(j) Any other information required by regulations adopted by the Office pursuant to subsection 8.
5. If the Office approves an application for a certificate of eligibility for transferable tax credits pursuant to this section, the Office shall immediately forward a copy of the certificate of eligibility which identifies the estimated amount of the tax credits available pursuant to NRS 360.7592 to:
(a) The applicant;
(b) The Department; and
(c) The Nevada Gaming Control Board.
6. Within 60 business days after receipt of an audit provided by a production company pursuant to paragraph (e) of subsection 3 and any other accountings or other information required by the Office, the Office shall determine whether to certify the audit and make a final determination of whether a certificate of transferable tax credits will be issued. If the Office certifies the audit , [and] determines that all other requirements for the transferable tax credits have been met [,] and determines that a certificate of transferable tax credits will be issued, the Office shall notify the production company that the transferable tax credits will be issued. Within 30 days after the receipt of the notice, the production company 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. Upon receipt of the declaration, the Office shall issue to the production company a certificate of transferable tax credits in the amount approved by the Office for the fees or taxes included in the declaration of the production company. The production company shall notify the Office upon transferring any of the transferable tax credits. The Office shall notify the Department and the Nevada Gaming Control Board of all transferable tax credits issued, segregated by each fee or tax set forth in subsection 1, and the amount of any transferable tax credits transferred.
κ2021 Statutes of Nevada, Page 282 (CHAPTER 70, AB 20)κ
transferable tax credits issued, segregated by each fee or tax set forth in subsection 1, and the amount of any transferable tax credits transferred.
7. An applicant for transferable tax credits pursuant to this section shall, upon the request of the Executive Director of the Office, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 3.
8. The Office:
(a) Shall adopt regulations prescribing:
(1) Any additional requirements to receive transferable tax credits;
(2) Any additional qualified expenditures or production costs that may serve as the basis for transferable tax credits pursuant to NRS 360.7591;
(3) Any additional information that must be included with an application pursuant to subsection 4;
(4) The application review process;
(5) Any type of qualified production which, due to obscene or sexually explicit material, is not eligible for transferable tax credits; and
(6) The requirements for notice pursuant to NRS 360.7595; and
(b) May adopt any other regulations that are necessary to carry out the provisions of NRS 360.758 to 360.7598, inclusive.
9. The Nevada Tax Commission and the Nevada Gaming Commission:
(a) Shall adopt regulations prescribing the manner in which transferable tax credits will be administered.
(b) May adopt any other regulations that are necessary to carry out the provisions of NRS 360.758 to 360.7598, inclusive.
Sec. 3. NRS 360.7591 is hereby amended to read as follows:
360.7591 1. Qualified direct production expenditures must be for purchases, rentals or leases of tangible personal property or services from a Nevada business [on or after the date on which an applicant submits an application for the transferable tax credits,] during the period in which a qualified production is produced, must be customary and reasonable and must relate to:
(a) Set construction and operation;
(b) Wardrobe and makeup;
(c) Photography, sound and lighting;
(d) Filming, film processing and film editing;
(e) The rental or leasing of facilities, equipment and vehicles;
(f) Food and lodging;
(g) Editing, sound mixing, special effects, visual effects and other postproduction services;
(h) The payroll for Nevada residents or other personnel who provided services in this State;
(i) Payment for goods or services provided by a Nevada business;
(j) The design, construction, improvement or repair of property, infrastructure, equipment or a production or postproduction facility;
(k) State and local government taxes to the extent not included as part of another cost reported pursuant to this section;
(l) Fees paid to a producer who is a Nevada resident; and
(m) Any other transaction, service or activity authorized in regulations adopted by the Office of Economic Development pursuant to NRS 360.759.
2. Expenditures and costs:
κ2021 Statutes of Nevada, Page 283 (CHAPTER 70, AB 20)κ
(a) Related to:
(1) The acquisition, transfer or use of transferable tax credits;
(2) Marketing and distribution;
(3) Financing, depreciation and amortization;
(4) The payment of any profits as a result of the qualified production;
(5) The payment for the cost of the audit required by NRS 360.759; and
(6) The payment for any goods or services that are not directly attributable to the qualified production;
(b) For which reimbursement is received, or for which reimbursement is reasonably expected to be received;
(c) Which are paid to a joint venturer or a parent, subsidiary or other affiliate of the production company, unless the amount paid represents the fair market value of the purchase, rental or lease of the property or services for which payment is made;
(d) Which provide a pass-through benefit to a person who is not a Nevada resident; or
(e) Which have been previously claimed as a basis for transferable tax credits,
Κ are not qualified direct production expenditures and are not eligible to serve as a basis for transferable tax credits issued pursuant to NRS 360.759.
3. If any tangible personal property is acquired by a Nevada business from a vendor outside this State for immediate resale, rental or lease to a production company that produces a qualified production, expenditures incurred by the production company for the purchase, rental or lease of the property are qualified direct production expenditures if:
(a) The Nevada business regularly deals in property of that kind;
(b) The expenditures are otherwise qualified direct production expenditures under the provisions of this section; and
(c) Not more than 50 percent of the property purchased, rented or leased by the production company for the qualified production is acquired and purchased, rented or leased in the manner described in this subsection. In making the calculation required by this paragraph, the cost of any property that remains an asset of the Nevada business after production of the qualified production has ended must not be included in the calculation as property purchased, rented or leased in the manner described in this subsection.
4. If any tangible personal property is acquired by the production company as an asset, the calculation of the costs of the tangible personal property that constitute a qualified direct production expenditure must be performed in the manner prescribed by the Office of Economic Development by regulation.
Sec. 4. NRS 360.7592 is hereby amended to read as follows:
360.7592 1. Except as otherwise provided in subsection 4 and NRS 360.7593 and 360.7594, the base amount of transferable tax credits issued to an eligible production company pursuant to NRS 360.759 must equal 15 percent of the qualified direct production expenditures.
2. Except as otherwise provided in subsections 3 and 4 and NRS 360.7594, in addition to the base amount calculated pursuant to subsection 1, transferable tax credits issued to an eligible production company pursuant to NRS 360.759 must include credits in an amount equal to:
κ2021 Statutes of Nevada, Page 284 (CHAPTER 70, AB 20)κ
(a) An additional 5 percent of the qualified direct production expenditures if more than 50 percent of the below-the-line personnel of the qualified production are Nevada residents; and
(b) An additional 5 percent of the qualified direct production expenditures if more than 50 percent of the filming days of the qualified production occurred in a county in this State in which, in each of the 2 years immediately preceding the date of application, qualified productions incurred less than $10,000,000 of qualified direct production expenditures.
3. For the purposes of paragraph (a) of subsection 2:
(a) Except as otherwise provided in paragraph (b) of this subsection, the percentage of the below-the-line personnel who are Nevada residents must be determined by dividing the number of workdays worked by Nevada residents by the number of workdays worked by all below-the-line personnel.
(b) Any work performed by an extra must not be considered in determining the percentage of the below-the-line personnel who are Nevada residents.
4. The Office may:
(a) Reduce the cumulative amount of transferable tax credits that are calculated pursuant to this section by an amount equal to any damages incurred by the State or any political subdivision of the State as a result of a qualified production that is produced in this State; or
(b) Withhold the transferable tax credits, in whole or in part [, until] :
(1) Until any pending legal action in this State against a production company or involving a qualified production is resolved.
(2) If a production company violates any state or local law.
(3) If a production company is found to have submitted any false statement, representation or certification in any document submitted for the purpose of obtaining transferable tax credits.
Sec. 5. The amendatory provisions of section 3 of this act apply only to the calculation of transferrable tax credits conducted on or after July 1, 2021.
Sec. 6. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 285κ
Assembly Bill No. 21Committee on Government Affairs
CHAPTER 71
[Approved: May 25, 2021]
AN ACT relating to confidential information; authorizing a person for whom a fictitious address is issued by the Division of Child and Family Services of the Department of Health and Human Services to request a county recorder or county assessor to maintain certain personal information in a confidential manner; revising the personal information that must be maintained in a confidential manner when such a person is a registered voter; authorizing such a person to request the Department of Motor Vehicles display an alternate address on the persons drivers license, commercial drivers license or identification card; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes certain persons to obtain a court order to require a county assessor or county recorder to maintain the personal information of the person contained in their records in a confidential manner. Personal information includes the persons home address, telephone number and electronic mail address. (NRS 247.520, 247.530, 247.540, 250.120, 250.130, 250.140) Existing law also: (1) authorizes the Division of Child and Family Services of the Department of Health and Human Services to issue a fictitious address to a victim, or the parent or guardian of a victim, of domestic violence, human trafficking, sexual assault or stalking who applies for the issuance of a fictitious address; and (2) prohibits a governmental entity from making available for inspection or copying any records that contain the name, telephone number, confidential address, fictitious address or image of any such person for whom a fictitious address has been issued unless the governmental entity is otherwise required by law to do so. (NRS 217.462, 217.464) Sections 1-4 of this bill authorize a person for whom a fictitious address has been issued by the Division to request a county assessor or county recorder to maintain the personal information of the person contained in their records in a confidential manner without having to obtain a court order.
Existing law: (1) authorizes a person for whom a fictitious address has been issued by the Division to register to vote and update his or her voter registration; and (2) prohibits, with limited exception, the county clerk from making such a persons name, confidential address or fictitious address available for inspection or copying or inclusion in any list that is made available for public inspection. (NRS 293.5002) Section 5 of this bill: (1) prohibits the Secretary of State or a city clerk from making such information available; and (2) prohibits the Secretary of State or a county or city clerk from making available the persons telephone number and electronic mail address.
Existing law authorizes certain persons to request that the Department of Motor Vehicles display an alternate address on the persons drivers license, commercial drivers license or identification card. (NRS 481.091) Section 6 of this bill authorizes any person for whom a fictitious address has been issued by the Division to also make such a request.
κ2021 Statutes of Nevada, Page 286 (CHAPTER 71, AB 21)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 247.530 is hereby amended to read as follows:
247.530 1. [Any] Except as otherwise provided in subsection 2, any person or entity listed in NRS 247.540 who wishes to have the personal information of the person or entity that is contained in the records of a county recorder be kept confidential must obtain an order of a court that requires the county recorder to maintain the personal information of the person or entity in a confidential manner. Such an order must be based on a sworn affidavit by the person or, if an entity, a person authorized to sign on behalf of the entity, which affidavit:
(a) States that the affiant qualifies as a person listed in NRS 247.540 or that the entity on behalf of whom the person is signing qualifies as an entity listed in NRS 247.540;
(b) Sets forth sufficient justification for the request for confidentiality; and
(c) Sets forth the document numbers of all records of a county recorder that contain confidential information.
2. A person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive, may request the county recorder to maintain the personal information of the person in a confidential manner without obtaining a court order pursuant to subsection 1 by submitting to the county recorder:
(a) A sworn affidavit which:
(1) States that the affiant has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive; and
(2) Sets forth the document numbers of all records of a county recorder that contain confidential information; and
(b) Proof that the person has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive, including, without limitation, a confirmation letter and a copy of the enrollment card if such documents are issued by the Division of Child and Family Services of the Department of Health and Human Services.
Κ Upon request of the county recorder, the Division shall verify whether a person who has submitted a request pursuant to this subsection has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive.
3. Upon receipt of [such] an order [,] obtained pursuant to subsection 1 or a request made pursuant to subsection 2, a county recorder shall keep such information confidential and shall not:
(a) Disclose the confidential information to anyone, unless disclosure is specifically authorized in writing by that person or entity; or
(b) Post the confidential information on the Internet or its successor, if any, or make the information available to others in any other way.
Sec. 2. NRS 247.540 is hereby amended to read as follows:
247.540 1. The following persons may request that the personal information described in subsection 1, 2 or 3 of NRS 247.520 that is contained in the records of a county recorder be kept confidential:
κ2021 Statutes of Nevada, Page 287 (CHAPTER 71, AB 21)κ
(a) Any justice or judge in this State.
(b) Any senior justice or senior judge in this State.
(c) Any court-appointed master in this State.
(d) Any clerk of a court, court administrator or court executive officer in this State.
(e) Any district attorney or attorney employed by the district attorney who as part of his or her normal job responsibilities prosecutes persons for:
(1) Crimes that are punishable as category A felonies; or
(2) Domestic violence.
(f) Any state or county public defender who as part of his or her normal job responsibilities defends persons for:
(1) Crimes that are punishable as category A felonies; or
(2) Domestic violence.
(g) Any person, including without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities:
(1) Interacts with the public; and
(2) Performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers.
(h) Any county manager in this State.
(i) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer:
(1) Who possesses specialized training in code enforcement;
(2) Who, as part of his or her normal job responsibilities, interacts with the public; and
(3) Whose primary duties are the performance of tasks related to code enforcement.
(j) The spouse, domestic partner or minor child of a person described in paragraphs (a) to (i), inclusive.
(k) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to (i), inclusive, who was killed in the performance of his or her duties.
(l) Any person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive.
2. Any nonprofit entity in this State that maintains a confidential location for the purpose of providing shelter to victims of domestic violence may request that the personal information described in subsection 4 of NRS 247.520 that is contained in the records of a county recorder be kept confidential.
3. As used in this section:
(a) Child protective services has the meaning ascribed to it in NRS 432B.042.
(b) Child welfare services has the meaning ascribed to it in NRS 432B.044.
(c) Code enforcement means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare.
(d) Social worker means any person licensed under chapter 641B of NRS.
Sec. 3. NRS 250.130 is hereby amended to read as follows:
250.130 1. [Any] Except as otherwise provided in subsection 2, any person or entity listed in NRS 250.140 who wishes to have the personal information of the person or entity that is contained in the records of a county assessor be kept confidential must obtain an order of a court that requires the county assessor to maintain the personal information of the person or entity in a confidential manner.
κ2021 Statutes of Nevada, Page 288 (CHAPTER 71, AB 21)κ
county assessor be kept confidential must obtain an order of a court that requires the county assessor to maintain the personal information of the person or entity in a confidential manner. Such an order must be based on a sworn affidavit by the person or, if an entity, a person authorized to sign on behalf of the entity, which affidavit:
(a) States that the affiant qualifies as a person listed in NRS 250.140 or that the entity on behalf of whom the person is signing qualifies as an entity listed in NRS 250.140; and
(b) Sets forth sufficient justification for the request for confidentiality.
2. A person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive, may request a county assessor to maintain the personal information of the person in a confidential manner without obtaining a court order pursuant to subsection 1 by submitting to the county assessor:
(a) A sworn affidavit which states that the affiant has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive; and
(b) Proof that the person has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive, including, without limitation, a confirmation letter and a copy of the enrollment card if such documents are issued by the Division of Child and Family Services of the Department of Health and Human Services.
Κ Upon request of the county assessor, the Division shall verify whether a person who has submitted a request pursuant to this subsection has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive.
3. Upon receipt of [such] an order [,] obtained pursuant to subsection 1 or a request made pursuant to subsection 2, a county assessor shall keep such information confidential and shall not:
(a) Disclose the confidential information to anyone, unless disclosure is specifically authorized in writing by that person or entity; or
(b) Post the confidential information on the Internet or its successor, if any, or make the information available to others in any other way.
Sec. 4. NRS 250.140 is hereby amended to read as follows:
250.140 1. The following persons may request that personal information described in subsection 1, 2 or 3 of NRS 250.120 that is contained in the records of a county assessor be kept confidential:
(a) Any justice or judge in this State.
(b) Any senior justice or senior judge in this State.
(c) Any court-appointed master in this State.
(d) Any clerk of a court, court administrator or court executive officer in this State.
(e) Any peace officer or retired peace officer.
(f) Any prosecutor.
(g) Any state or county public defender.
(h) Any person, including without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities interacts with the public and performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers.
(i) Any county manager in this State.
κ2021 Statutes of Nevada, Page 289 (CHAPTER 71, AB 21)κ
(j) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer who possesses specialized training in code enforcement, interacts with the public and whose primary duties are the performance of tasks related to code enforcement.
(k) The spouse, domestic partner or minor child of a person described in paragraphs (a) to (j), inclusive.
(l) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to (j), inclusive, who was killed in the performance of his or her duties.
(m) Any person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive.
2. Any nonprofit entity in this State that maintains a confidential location for the purpose of providing shelter to victims of domestic violence may request that the personal information described in subsection 4 of NRS 250.120 that is contained in the records of a county assessor be kept confidential.
3. As used in this section:
(a) Child protective services has the meaning ascribed to it in NRS 432B.042.
(b) Child welfare services has the meaning ascribed to it in NRS 432B.044.
(c) Code enforcement means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare.
(d) Peace officer means:
(1) Any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive; and
(2) Any person:
(I) Who resides in this State;
(II) Whose primary duties are to enforce the law; and
(III) Who is employed by a law enforcement agency of the Federal Government, including, without limitation, a ranger for the National Park Service and an agent employed by the Federal Bureau of Investigation, Secret Service, United States Department of Homeland Security or United States Department of the Treasury.
(e) Prosecutor has the meaning ascribed to it in NRS 241A.030.
(f) Social worker means any person licensed under chapter 641B of NRS.
Sec. 5. NRS 293.5002 is hereby amended to read as follows:
293.5002 1. The Secretary of State shall establish procedures to allow a person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive, to:
(a) Preregister or register to vote; and
(b) Vote by absent ballot,
Κ without revealing the confidential address of the person.
2. In addition to establishing appropriate procedures or developing forms pursuant to subsection 1, the Secretary of State shall develop a form to allow a person for whom a fictitious address has been issued to preregister or register to vote or to change the address of the persons current preregistration or registration, as applicable. The form must include:
κ2021 Statutes of Nevada, Page 290 (CHAPTER 71, AB 21)κ
(a) A section that contains the confidential address of the person; and
(b) A section that contains the fictitious address of the person.
3. Upon receiving a completed form from a person for whom a fictitious address has been issued, the Secretary of State shall:
(a) On the portion of the form that contains the fictitious address of the person, indicate the county and precinct in which the person will vote and forward this portion of the form to the appropriate county clerk; and
(b) File the portion of the form that contains the confidential address.
4. Notwithstanding any other provision of law, any request received by the Secretary of State pursuant to subsection 3 shall be deemed a request for a permanent absent ballot.
5. Notwithstanding any other provision of law:
(a) The Secretary of State and each county clerk shall keep the portion of the form developed pursuant to subsection 2 that he or she retains separate from other applications for preregistration or registration.
(b) The Secretary of State or a county or city clerk shall not make the name, confidential address , [or] fictitious address , telephone number or electronic mail address of the person who has been issued a fictitious address available for:
(1) Inspection or copying; or
(2) Inclusion in any list that is made available for public inspection,
Κ unless directed to do so by lawful order of a court of competent jurisdiction.
Sec. 6. NRS 481.091 is hereby amended to read as follows:
481.091 1. The following persons may request that the Department display an alternate address on the persons drivers license, commercial drivers license or identification card:
(a) Any justice or judge in this State.
(b) Any senior justice or senior judge in this State.
(c) Any court-appointed master in this State.
(d) Any clerk of the court, court administrator or court executive officer in this State.
(e) Any prosecutor who as part of his or her normal job responsibilities prosecutes persons for:
(1) Crimes that are punishable as category A felonies; or
(2) Domestic violence.
(f) Any state or county public defender who as part of his or her normal job responsibilities defends persons for:
(1) Crimes that are punishable as category A felonies; or
(2) Domestic violence.
(g) Any person, including without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities:
(1) Interacts with the public; and
(2) Performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers.
(h) Any county manager in this State.
(i) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer:
κ2021 Statutes of Nevada, Page 291 (CHAPTER 71, AB 21)κ
(1) Who possesses specialized training in code enforcement;
(2) Who, as part of his or her normal job responsibilities, interacts with the public; and
(3) Whose primary duties are the performance of tasks related to code enforcement.
(j) The spouse, domestic partner or minor child of a person described in paragraphs (a) to (i), inclusive.
(k) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to (i), inclusive, who was killed in the performance of his or her duties.
(l) Any person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive.
2. A person who wishes to have an alternate address displayed on his or her drivers license, commercial drivers license or identification card pursuant to this section must submit to the Department satisfactory proof:
(a) That he or she is a person described in subsection 1; and
(b) Of the persons address of principal residence and mailing address, if different from the address of principal residence.
3. A person who obtains a drivers license, commercial drivers license or identification card that displays an alternate address pursuant to this section may subsequently submit a request to the Department to have his or her address of principal residence displayed on his or her drivers license, commercial drivers license or identification card instead of the alternate address.
4. The Department may adopt regulations to carry out the provisions of this section.
5. As used in this section:
(a) Child protective services has the meaning ascribed to it in NRS 432B.042.
(b) Child welfare services has the meaning ascribed to it in NRS 432B.044.
(c) Code enforcement means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare.
(d) Social worker means any person licensed under chapter 641B of NRS.
Sec. 7. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 292κ
Assembly Bill No. 23Committee on Judiciary
CHAPTER 72
[Approved: May 25, 2021]
AN ACT relating to criminal procedure; revising the procedure for the commitment of certain criminal defendants whom the court finds to be incompetent to the custody of the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that if a court dismisses the proceedings against a defendant who is charged with any category A felony or certain category B felonies because the court finds that the defendant is incompetent with no substantial probability of attaining competence in the foreseeable future, the prosecuting attorney is authorized to file a motion with the court for a hearing to determine whether to commit the person to the custody of the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services. Existing law requires the hearing to be scheduled within 10 judicial days after the filing of the motion. After the motion is filed, the Division is required to perform a comprehensive risk assessment and provide the assessment to the court, prosecuting attorney and attorney for the defendant at least 3 judicial days before the hearing. (NRS 178.425, 178.461) This bill requires that the Division: (1) complete the comprehensive risk assessment within 40 calendar days after the request for the assessment is received, unless the court grants an extension for good cause shown; and (2) provide the assessment to the court, the prosecuting attorney and the counsel of the person. This bill requires the court to hold a hearing on the motion within 10 judicial days after receipt of the comprehensive risk assessment by the court.
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 178.461 is hereby amended to read as follows:
178.461 1. If the proceedings against a defendant who is charged with any category A felony or a category B felony listed in subsection 6 are dismissed pursuant to subsection 5 of NRS 178.425, the prosecuting attorney may, within 10 judicial days after the dismissal, file a motion with the court for a hearing to determine whether to commit the person to the custody of the Administrator pursuant to subsection 3. [Except as otherwise provided in subsection 2, the court shall hold the hearing within 10 judicial days after the motion is filed with the court.]
2. If the prosecuting attorney files a motion pursuant to subsection 1, the prosecuting attorney shall, not later than the date on which the prosecuting attorney files the motion, request from the Division a comprehensive risk assessment which indicates whether the person requires the level of security provided by a forensic facility. The Division shall [provide the requested] , except as otherwise provided in this subsection, complete the comprehensive risk assessment within 40 calendar days after receipt of the request and provide the comprehensive risk assessment to the court, the prosecuting attorney and counsel for the person .
κ2021 Statutes of Nevada, Page 293 (CHAPTER 72, AB 23)κ
court, the prosecuting attorney and counsel for the person . [not later than three] The court may grant the Division an extension to complete the comprehensive risk assessment upon a showing of good cause. Within 10 judicial days [before the hearing.] after receipt of the comprehensive risk assessment, the court shall hold a hearing on the motion. If the person was charged with any category A felony other than murder or sexual assault or a category B felony listed in subsection 6 and the comprehensive risk assessment indicates that the person does not require the level of security provided by a forensic facility, the court shall dismiss the motion.
3. At a hearing held pursuant to subsection [1,] 2, if the court finds by clear and convincing evidence that the person has a mental disorder, that the person is a danger to himself or herself or others and that the persons dangerousness is such that the person requires placement at a forensic facility, the court may order:
(a) The sheriff to take the person into protective custody and transport the person to a forensic facility; and
(b) That the person be committed to the custody of the Administrator and kept under observation until the person is eligible for conditional release pursuant to NRS 178.463 or until the maximum length of commitment described in subsection 4 or 7 has expired.
4. Except as otherwise provided in subsection 7, the length of commitment of a person pursuant to subsection 3 must not exceed 10 years, including any time that the person has been on conditional release pursuant to NRS 178.463.
5. At least once every 12 months, the court shall review the eligibility of the defendant for conditional release.
6. The provisions of subsection 1 apply to any of the following category B felonies:
(a) Voluntary manslaughter pursuant to NRS 200.050;
(b) Mayhem pursuant to NRS 200.280;
(c) Kidnapping in the second degree pursuant to NRS 200.330;
(d) Assault with a deadly weapon pursuant to NRS 200.471;
(e) Battery with a deadly weapon pursuant to NRS 200.481;
(f) Aggravated stalking pursuant to NRS 200.575;
(g) First degree arson pursuant to NRS 205.010;
(h) Residential burglary with a deadly weapon pursuant to NRS 205.060;
(i) Invasion of the home with a deadly weapon pursuant to NRS 205.067;
(j) Any category B felony involving the use of a firearm; and
(k) Any attempt to commit a category A felony.
7. If a person is within 6 months of the maximum length of commitment set forth in this subsection or subsection 4, as applicable, and:
(a) Was charged with murder or sexual assault; and
(b) Was committed to the custody of the Administrator pursuant to this subsection or subsection 3,
Κ the Administrator may file a motion to request an extension of the length of commitment for not more than 5 additional years.
8. The court may grant a motion for an extension of the length of commitment pursuant to subsection 7 if, at a hearing conducted on the motion, the court finds by clear and convincing evidence that the person is a danger to himself or herself or others and that the persons dangerousness is such that the person requires placement at a forensic facility.
κ2021 Statutes of Nevada, Page 294 (CHAPTER 72, AB 23)κ
9. At a hearing conducted pursuant to subsection 8, a person who is committed has the right to be represented by counsel. If the person does not have counsel, the court shall appoint an attorney to represent the person.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 24Committee on Judiciary
CHAPTER 73
[Approved: May 25, 2021]
AN ACT relating to mental health; revising provisions relating to a forensic facility to which certain offenders and defendants with a mental illness may be committed; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, if a court finds a defendant incompetent, and dangerous to himself or herself or to society and that commitment is required for a determination of the defendants ability to receive treatment and attain competence, the defendant may be committed for detention and treatment at a secure facility of the Division of Public and Behavioral Health of the Department of Health and Human Services. (NRS 178.425) If the court dismisses criminal charges against such a defendant because the court determines that the defendant is incompetent, with no substantial probability of attaining competence in the foreseeable future and the court makes certain other findings related to the defendants dangerousness, the court may order the defendant to be committed to a forensic facility of the Division. (NRS 178.461)
Existing law also provides that if a defendant is acquitted by reason of insanity, the defendant may be detained in a forensic facility of the Division. (NRS 175.539) This bill revises the definition of a forensic facility in which those defendants may be detained.
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 175.539 is hereby amended to read as follows:
175.539 1. Where on a trial a defense of insanity is interposed by the defendant and the defendant is acquitted by reason of that defense, the finding of the jury pending the judicial determination pursuant to subsection 2 has the same effect as if the defendant were regularly adjudged insane, and the judge must:
(a) Order a peace officer to take the person into protective custody and transport the person to a forensic facility for detention pending a hearing to determine the persons mental health;
(b) Order the examination of the person by two psychiatrists, two psychologists, or one psychiatrist and one psychologist who are employed by a division facility; and
κ2021 Statutes of Nevada, Page 295 (CHAPTER 73, AB 24)κ
(c) At a hearing in open court, receive the report of the examining advisers and allow counsel for the State and for the person to examine the advisers, introduce other evidence and cross-examine witnesses.
2. If the court finds, after the hearing:
(a) That there is not clear and convincing evidence that the person is a person with mental illness, the court must order the persons discharge; or
(b) That there is clear and convincing evidence that the person is a person with mental illness, the court must order that the person be committed to the custody of the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services until the person is discharged or conditionally released therefrom in accordance with NRS 178.467 to 178.471, inclusive.
Κ The court shall issue its finding within 90 days after the defendant is acquitted.
3. The Administrator shall make the reports and the court shall proceed in the manner provided in NRS 178.467 to 178.471, inclusive.
4. If the court accepts a verdict acquitting a defendant by reason of insanity pursuant to this section, the court shall cause, within 5 business days after accepting the verdict, on a form prescribed by the Department of Public Safety, a record of that verdict to be transmitted to the Central Repository for Nevada Records of Criminal History, along with a statement indicating that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System.
5. As used in this section, unless the context otherwise requires:
(a) Division facility has the meaning ascribed to it in NRS 433.094.
(b) Forensic facility means a secure facility of the Division of Public and Behavioral Health of the Department of Health and Human Services or unit thereof, designated by the Division as appropriate for the evaluation and treatment for offenders and defendants with mental disorders [.] as defined in NRS 178.3985. The term includes, without limitation, Lakes Crossing Center.
(c) National Instant Criminal Background Check System has the meaning ascribed to it in NRS 179A.062.
(d) Person with mental illness has the meaning ascribed to it in NRS 178.3986.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 296κ
Assembly Bill No. 25Committee on Judiciary
CHAPTER 74
[Approved: May 25, 2021]
AN ACT relating to criminal procedure; authorizing a forensic facility to transport or request assistance from law enforcement in transporting a person on conditional release to the forensic facility under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides a procedure for a court to modify or terminate the conditional release of certain persons found to be incompetent to stand trial or be sentenced after such a person violates a condition of the release from commitment. (NRS 178.464) This bill authorizes a forensic facility supervising a person on conditional release to, without obtaining a court order, take the person into protective custody and transport the person to the forensic facility or request that a law enforcement agency take the person into protective custody and transport the person to the forensic facility supervising the person if the forensic facility has probable cause to believe that the person violated a condition of the release from commitment and is a danger to himself or herself or others. This bill also requires that, not later than 3 days after the person is taken into protective custody and transported to the forensic facility, the court must hold a hearing to determine whether to continue, modify or terminate the conditional release of the person, unless the hearing is continued upon agreement by the counsel for the person and the prosecuting attorney.
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 178.464 is hereby amended to read as follows:
178.464 1. The Division shall notify the court which ordered the commitment of the person pursuant to NRS 178.461 if the person violates a condition of the release from commitment.
2. If a forensic facility supervising a person on conditional release has probable cause to believe the person violated a condition of the release from commitment and is an imminent danger to himself or herself or others, the forensic facility may take the person into protective custody and transport the person to the forensic facility or may request that a law enforcement agency take the person into protective custody and transport the person to the forensic facility. If the forensic facility makes such a request, the law enforcement agency, as soon as practicable after receiving the request, may take the person into protective custody and transport the person to the forensic facility. Except as otherwise provided in this subsection, within 3 days after a person has been taken into protective custody and transported to the forensic facility pursuant to this subsection, the court shall hold a hearing to determine whether to continue, modify or terminate the conditional release of the person. The hearing may be continued not more than 10 days upon agreement by the counsel for the person and the prosecuting attorney.
3. If the court is notified pursuant to subsection 1 of a violation, the court shall consult with the Division, the counsel for the person and the prosecuting attorney concerning the potential risk to the community that is posed by the noncompliance of the person with the conditions of release from commitment.
κ2021 Statutes of Nevada, Page 297 (CHAPTER 74, AB 25)κ
prosecuting attorney concerning the potential risk to the community that is posed by the noncompliance of the person with the conditions of release from commitment.
[3. After]
4. If the person on conditional release has not been transported to a forensic facility pursuant to subsection 2, after consulting with the persons required by subsection [2] 3 and considering the risks to the community, the court may issue a temporary order of detention to commit the person to custody for evaluation, pending the hearing described in subsection [4.] 5. If the court issues such an order, the court must:
(a) Order the sheriff to take the person:
(1) Into protective custody and transport the person to a forensic facility; or
(2) To a jail where the person must remain in protective custody; and
(b) Provide a copy of the order to the counsel for the person and the prosecuting attorney.
[4.] 5. Within 10 days after a person has been committed to the custody of the Administrator for evaluation pursuant to subsection [3,] 4, the court shall hold a hearing to determine whether to continue, modify or terminate the conditional release of the defendant.
6. As used in this section:
(a) Forensic facility has the meaning ascribed to it in NRS 175.539.
(b) Law enforcement agency means:
(1) The sheriffs office of a county;
(2) A metropolitan police department; or
(3) A police department of an incorporated city.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 28Committee on Government Affairs
CHAPTER 75
[Approved: May 25, 2021]
AN ACT relating to state purchasing; imposing an inverse preference on certain bidders for state purchasing contracts; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes: (1) a preference of 5 percent for a bid or proposal for a state purchasing contract which is submitted by a Nevada-based business; or (2) a preference of 5 percent for a bid or proposal for a state purchasing contract which is submitted by a local business owned and operated by a veteran with a service-connected disability. (NRS 333.3354, 333.3366)
Section 1 of this bill imposes an inverse preference on any bidder for a state purchasing contract with a principal place of business in another state if, for a similar contract: (1) the other state grants a preference to a person with a principal place of business in that state; and (2) denies that preference to a person with a principal place of business in the State of Nevada.
κ2021 Statutes of Nevada, Page 298 (CHAPTER 75, AB 28)κ
of business in the State of Nevada. The inverse preference imposed on a bid or proposal for a state purchasing contract is equal to the amount of the preference that is denied by the other state to a person with a principal place of business in the State of Nevada.
Section 2 of this bill requires notice of the imposition of an inverse preference be included in an advertisement for bids of proposals for a state purchasing contract for commodities or services.
Sections 3 and 4 of this bill clarify that the inverse preference must be imposed regardless of whether: (1) the preference of 5 percent was awarded to a Nevada-based business; or (2) the preference of 5 percent was awarded to a local business owned and operated by a veteran with a service-connected disability.
Section 5 of this bill requires the imposition of an inverse preference be considered when determining the lowest responsible bidder on a state purchasing contract for goods.
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 333 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, for purposes of awarding a contract pursuant to this chapter:
(a) If a person who submits a bid or proposal has a principal place of business in a state other than the State of Nevada; and
(b) That other state, with respect to similar contracts awarded by that other state or agencies of that other state, grants to a person with a principal place of business in that state a preference which is not afforded to a person who has a principal place of business in the State of Nevada,
Κ the person responsible for awarding the contract must increase the bid or proposal or decrease the score of the bid or proposal, as applicable, by an amount that is substantially equivalent to the preference that the other state denies to a person with a principal place of business in the State of Nevada.
2. The inverse preference set forth in subsection 1 may not be imposed for the award of any contract pursuant to this chapter that:
(a) Uses federal money unless such a preference is authorized by federal law; or
(b) Is procured on a multistate basis.
Sec. 2. NRS 333.310 is hereby amended to read as follows:
333.310 1. An advertisement must contain a general description of the classes of commodities or services for which a bid or proposal is wanted and must state:
(a) The name and location of the department, agency, local government, district or institution for which the purchase is to be made.
(b) Where and how specifications and quotation forms may be obtained.
(c) If the advertisement is for bids, whether the Administrator is authorized by the using agency to be supplied to consider a bid for an article that is an alternative to the article listed in the original request for bids if:
(1) The specifications of the alternative article meet or exceed the specifications of the article listed in the original request for bids;
κ2021 Statutes of Nevada, Page 299 (CHAPTER 75, AB 28)κ
(2) The purchase of the alternative article results in a lower price; and
(3) The Administrator deems the purchase of the alternative article to be in the best interests of the State of Nevada.
(d) Notice of the preferences set forth in NRS 333.3354 and 333.3366 [.] and the inverse preference set forth in section 1 of this act.
(e) Notice of the written certification required pursuant to NRS 333.338.
(f) The date and time not later than which responses must be received by the Purchasing Division.
(g) The date and time when responses will be opened.
Κ The Administrator or a designated agent of the Administrator shall approve the copy for the advertisement.
2. Each advertisement must be published:
(a) In at least one newspaper of general circulation in the State. The selection of the newspaper to carry the advertisement must be made in the manner provided by this chapter for other purchases, on the basis of the lowest price to be secured in relation to the paid circulation; and
(b) On the Internet website of the Purchasing Division.
Sec. 3. NRS 333.3354 is hereby amended to read as follows:
333.3354 1. If a business that qualifies as a Nevada-based business submits a:
(a) Bid to furnish commodities that was solicited pursuant to NRS 333.300, the bid shall be deemed to be 5 percent lower than the bid actually submitted; or
(b) Proposal to contract for services, the score assigned to the proposal pursuant to NRS 333.335 shall be deemed to be 5 percent higher than the score actually awarded.
2. The preference described in subsection 1 may not be:
(a) [Combined] Except as otherwise provided in this paragraph, combined with any other preference. The provisions of this paragraph do not prohibit the imposition of an inverse preference pursuant to section 1 of this act.
(b) Granted for the award of any contract which uses federal money unless such a preference is authorized by federal law.
(c) Granted for the award of any contract procured on a multistate basis.
Sec. 4. NRS 333.3366 is hereby amended to read as follows:
333.3366 1. For the purpose of awarding a formal contract solicited pursuant to subsection 2 of NRS 333.300 or awarding a contract for the services of a person as an independent contractor pursuant to subsection 1 of NRS 333.700, if a local business owned and operated by a veteran with a service-connected disability submits a bid or proposal for such a contract and is a responsive and responsible bidder, the bid or proposal shall be deemed to be 5 percent lower than the bid or proposal actually submitted.
2. [The] Except as otherwise provided in this subsection, the preference described in subsection 1 may not be combined with any other preference. The provisions of this subsection do not prohibit the imposition of an inverse preference pursuant to section 1 of this act.
Sec. 5. NRS 333.340 is hereby amended to read as follows:
333.340 1. Every contract or order for goods must be awarded to the lowest responsible bidder. To determine the lowest responsible bidder, the Administrator:
κ2021 Statutes of Nevada, Page 300 (CHAPTER 75, AB 28)κ
(a) Shall consider, if applicable:
(1) The granting of the preference described in NRS 333.3366.
(2) The granting of the preference described in NRS 333.3354.
(3) The imposition of the inverse preference described in section 1 of this act.
(4) The required standards adopted pursuant to NRS 333.4611.
(b) May consider:
(1) The location of the using agency to be supplied.
(2) The qualities of the articles to be supplied.
(3) The total cost of ownership of the articles to be supplied.
(4) Except as otherwise provided in subparagraph (5), the conformity of the articles to be supplied with the specifications.
(5) If the articles are an alternative to the articles listed in the original request for bids, whether the advertisement for bids included a statement that bids for an alternative article will be considered if:
(I) The specifications of the alternative article meet or exceed the specifications of the article listed in the original request for bids;
(II) The purchase of the alternative article results in a lower price; and
(III) The Administrator deems the purchase of the alternative article to be in the best interests of the State of Nevada.
(6) The purposes for which the articles to be supplied are required.
(7) The dates of delivery of the articles to be supplied.
2. If a contract or an order is not awarded to the lowest bidder, the Administrator shall provide the lowest bidder with a written statement which sets forth the specific reasons that the contract or order was not awarded to him or her.
3. As used in this section, total cost of ownership includes, but is not limited to:
(a) The history of maintenance or repair of the articles;
(b) The cost of routine maintenance and repair of the articles;
(c) Any warranties provided in connection with the articles;
(d) The cost of replacement parts for the articles; and
(e) The value of the articles as used articles when given in trade on a subsequent purchase.
Sec. 6. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 301κ
Assembly Bill No. 38Committee on Education
CHAPTER 76
[Approved: May 25, 2021]
AN ACT relating to education; revising requirements governing input from interested persons concerning a program of career and technical education; exempting an advisory technical skills committee for such a program from certain requirements governing the meetings of a public body; revising requirements relating to work-based learning programs; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the board of trustees of a school district to establish a program of career and technical education and, if such a program has been established, requires the superintendent of the school district to appoint an advisory technical skills committee to perform certain duties relating to the program. (NRS 388.380, 388.385) Existing federal law makes federal funding for career and technical education contingent on a school district that has established such a program consulting with certain stakeholders concerning certain matters relating to the operation of the program. (20 U.S.C. § 2354) Section 1 of this bill authorizes the superintendent of a school district or his or her designee to consult with such stakeholders as an alternative to establishing an advisory technical skills committee. Section 1 also revises the membership of an advisory technical skills committee to include the stakeholders with whom a school district is required by federal law to consult. Section 1 additionally revises the duties of an advisory technical skills committee and the subjects concerning which the superintendent of a school district is required to consult stakeholders, as applicable, in accordance with federal law. Sections 1 and 3 of this bill exempt an advisory technical skills committee from provisions of law requiring meetings of a public body to be open and public.
Existing law authorizes the board of trustees of a school district or the governing body of a charter school to offer a work-based learning program upon the approval of the State Board of Education. (NRS 389.167) Section 2 of this bill requires the application of a school district or charter school to offer a work-based learning program to include a description of the manner in which the performance of a participating pupil will be evaluated. Section 2 also revises the required contents of a work-based learning program.
Existing law requires the board of trustees of a school district or the governing body of a charter school that offers a work-based learning program to submit to the State Board and the Legislature a report concerning the manner in which the program has been carried out. (NRS 389.167) Section 2 requires that report to include: (1) the number of participating pupils disaggregated by certain subgroups; and (2) the types of work-based learning offered through the 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. NRS 388.385 is hereby amended to read as follows:
388.385 1. If the board of trustees of a school district has established a program of career and technical education pursuant to NRS 388.380 and to the extent that money is available from this State or the Federal Government, the superintendent of schools of the school district or his or her designee shall [appoint] :
κ2021 Statutes of Nevada, Page 302 (CHAPTER 76, AB 38)κ
the extent that money is available from this State or the Federal Government, the superintendent of schools of the school district or his or her designee shall [appoint] :
(a) Appoint an advisory technical skills committee consisting of:
[(a)] (1) Representatives of businesses and industries in the community [;] or region;
[(b)] (2) Employees of the school district who possess knowledge and experience in career and technical education;
[(c)] (3) Pupils enrolled in [public schools] programs of career and technical education in the school district;
[(d)] (4) Parents and legal guardians of pupils enrolled in [public schools] programs of career and technical education in the school district;
[(e) To the extent practicable, representatives]
(5) Representatives of postsecondary educational institutions that provide career and technical education; [and
(f)] (6) Members of the Governors Workforce Investment Board described in NRS 232.935 or local entities for the development of the workforce;
(7) Representatives of special populations, as defined in 20 U.S.C. § 2302;
(8) Representatives of regional or local agencies serving out-of-school youth, homeless children and youth and youth who are at risk, as defined in 20 U.S.C. § 6472;
(9) Representatives of Indian tribes and tribal organizations, where applicable; and
(10) Other interested [persons.] stakeholders, as prescribed by regulation of the State Board; or
(b) Consult regularly with persons in each category listed in paragraph (a) to carry out the duties prescribed for an advisory technical skills committee in subsection 2.
2. An advisory technical skills committee established pursuant to paragraph (a) of subsection 1 shall [:] meet regularly to:
(a) Provide input on updates to the comprehensive needs assessment conducted pursuant to 20 U.S.C. § 2354;
(b) Review the [curriculum, design, content] instructional supplies, equipment and operation of the program of career and technical education to determine its effectiveness in [:
(1) Preparing] preparing pupils enrolled in the program to enter the workforce , apprenticeships or college and [meeting] meet the needs of [supplying an appropriately trained workforce to] businesses and industries in the [community; and
(2) Complying with the provisions of NRS 388.340 to 388.400, inclusive, and any regulations adopted pursuant thereto.
(b)] region concerning their workforce;
(c) Advise the school district regarding [the curriculum, design, content, operation and effectiveness of the program of career and technical education.] credentials that are valuable in relevant industries and trends in such industries;
[(c)] (d) Provide technical assistance to the school district in designing and revising as necessary the curriculum for the program of career and technical education [.] to meet the standards prescribed by the State Board; and
κ2021 Statutes of Nevada, Page 303 (CHAPTER 76, AB 38)κ
[(d)] (e) In cooperation with businesses, industries, employer associations and employee organizations in the community, develop work-based learning experiences for pupils enrolled in the program of career and technical education. The work-based learning experiences must [:
(1) Be designed:
(I) For pupils enrolled in grades 11 and 12, but may be offered to pupils enrolled in grades 9 and 10 upon the approval of the principal of the school where the program is offered.
(II) To prepare and train pupils to work as apprentices in business settings.
(2) Allow a pupil to earn academic credit for the work-based experience.
(e) Meet at least three times each calendar year.
(f) Provide to the superintendent of schools of the school district any recommendations regarding the program of career and technical education and any actions of the committee.
(g) Comply] comply with the provisions of [chapter 241 of NRS.
3.] NRS 389.167.
3. The meetings of an advisory technical skills committee are not subject to the provisions of chapter 241 of NRS.
4. The members of an advisory technical skills committee serve without compensation.
Sec. 2. NRS 389.167 is hereby amended to read as follows:
389.167 1. A pupil enrolled at a public school must be allowed to apply one or more credits toward the total number of credits required for graduation from high school if the pupil successfully completes the number of hours in a work-based learning program [which has been approved pursuant to subsection 2.] required by regulation of the State Board to earn such credits. Any credits earned for successful completion of a work-based learning program must be applied toward the pupils elective course credits and not toward a course that is required for graduation from high school.
2. The board of trustees of a school district or the governing body of a charter school may offer a work-based learning program upon application to and with the approval of the State Board. An application to offer a work-based learning program must include, without limitation:
(a) The fields, trades or occupations in which a work-based learning program will be offered.
(b) The qualifications of a pupil to participate in the work-based learning program. Such qualifications must allow a majority of pupils to be eligible to participate in the work-based learning program.
(c) A description of the [application] process that will be used by pupils to apply to participate in a work-based learning program.
(d) A description of the manner in which participation in a work-based learning program and completion of the requirements of a work-based learning program will be verified.
(e) A description of the manner in which the performance of a pupil who participates in the work-based learning program will be evaluated, which must include, without limitation, an on-site evaluation of the performance of the pupil.
3. Upon approval by the State Board of an application to offer a work-based learning program submitted pursuant to subsection 2, the board of trustees or the governing body [:] shall:
κ2021 Statutes of Nevada, Page 304 (CHAPTER 76, AB 38)κ
(a) [Shall designate] Designate an employee of the school district or charter school, as applicable, to serve as a work-based learning coordinator to coordinate and oversee work-based learning programs. Such an employee must [approve] ensure that each business, agency or organization that will offer employment and supervision of a pupil as part of the work-based learning program [.
(b) May authorize pupils enrolled in the school district or charter school, as applicable, who satisfy the qualifications prescribed by the school district or charter school to participate in a work-based learning program for the purpose of obtaining credit pursuant to subsection 1.
(c) Shall establish] is suitable for participation in a work-based learning program.
(b) Establish and maintain a list of businesses, agencies and organizations that have been [approved] found suitable by the work-based learning coordinator pursuant to paragraph (a).
4. To receive approval from the State Board to offer a work-based learning program, the work-based learning program must include, without limitation [:] , requirements that:
(a) [A requirement that a business, agency or organization that offers employment and supervision of a pupil participating in the work-based learning program establish a] A detailed training agreement and training plan [with] be completed for each pupil participating in the work-based training program for credit that identifies the specific tasks in which the pupil will participate that will develop competency of the pupil in the workplace;
(b) [The required number of hours a pupil must complete in the work-based learning program to qualify for credit for participation in the work-based learning program;
(c) A requirement that a] A pupil participating in the work-based learning program [:
(1) Is] be allowed to leave the public school in which he or she is enrolled during the school day to participate in such a program;
[(2) Receives an on-site evaluation of his or her performance; and
(3) Complete an assessment prescribed by the State Board related to his or her chosen career pathway; and
(d) A requirement that participation] and
(c) Participation by a pupil in the work-based learning program will develop a broad range of skills and will allow a pupil to focus on his or her chosen career pathway.
5. [Participation by a pupil in a work-based learning program must lead to the pupil receiving a high school diploma.
6.] A school district or charter school may allow a pupil who successfully completes a work-based learning program to earn dual credit for participation in the work-based learning program.
[7.] 6. On or before January 15 of each odd-numbered year, the board of trustees of a school district and the governing body of a charter school that offers a work-based learning program shall prepare a report concerning the manner in which the work-based learning program has been carried out and submit the report to the State Board and the Legislature. The report must include, without limitation:
(a) The number of pupils participating in the work-based learning program; and
κ2021 Statutes of Nevada, Page 305 (CHAPTER 76, AB 38)κ
(b) The types of work-based learning offered through the work-based learning program.
7. The number of pupils participating in the work-based learning program reported pursuant to paragraph (a) of subsection 6 must be disaggregated on the basis of the following characteristics:
(a) Pupils who are American Indian or Alaska Native, Asian, Black or African American, Hispanic or Latino, Native Hawaiian or Pacific Islander, white or two or more races;
(b) Gender of pupils;
(c) Pupils who are migrants; and
(d) Pupils who are members of special populations, as defined in 20 U.S.C. § 2302(48).
Sec. 3. 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:
(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, 239C.420, 281A.350, 281A.690, 281A.735, 281A.760, 284.3629, 286.150, 287.0415, 287.04345, 287.338, 288.220, 288.590, 289.387, 295.121, 360.247, 388.261, 388.385, 388A.495, 388C.150, 388D.355, 388G.710, 388G.730, 392.147, 392.467, 394.1699, 396.3295, 414.270, 422.405, 433.534, 435.610, 442.774, 463.110, 480.545, 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, 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. 4. 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. 5. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 306κ
Assembly Bill No. 47Committee on Commerce and Labor
CHAPTER 77
[Approved: May 25, 2021]
AN ACT relating to unfair trade practices; requiring certain notice to be provided to the Attorney General before the consummation of certain transactions involving a group practice or health carrier; revising provisions relating to proceedings instituted by the Attorney General under the Nevada Unfair Trade Practice Act; revising provisions relating to noncompetition covenants; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Nevada Unfair Trade Practice Act sets forth various activities that constitute a contract, combination or conspiracy in restraint of trade and authorizes the Attorney General to investigate and take certain actions against persons who engage in such activities, which may include, without limitation, criminal prosecution and the imposition of civil penalties. (Chapter 598A of NRS) This bill makes various changes to the Nevada Unfair Trade Practice Act.
Sections 2-10 of this bill impose certain notification requirements relating to certain transactions involving health carriers or certain business entities consisting of health care practitioners, which are designated by section 4.2 of this bill as group practices. Section 6.5 of this bill requires any party conducting business in this State who is a party to a reportable health care or health carrier transaction to, at least 30 days before the consummation of the transaction, submit to the Attorney General a notification with certain specified information relating to the transaction. Section 5.6 of this bill defines reportable health care or health carrier transaction to generally mean a transaction that: (1) results in a material change to the business or corporate structure of a group practice or health carrier; and (2) causes, as a result of the transaction, a group practice or health carrier to provide within a geographic market 50 percent or more of any health care service or health carrier service.
The federal Hart-Scott-Rodino Antitrust Improvements Act of 1976 requires certain persons who intend to engage in certain mergers or acquisitions to file a notification with the Federal Trade Commission and the United States Department of Justice. (15 U.S.C. § 18a) Section 7 of this bill requires a person who is required to file such a notification regarding any transaction involving any assets of a group practice or health carrier in this State to simultaneously submit a copy of the filing to the Attorney General. Section 8 of this bill provides that nothing in the provisions of sections 2-10 limits the power of the Attorney General to issue written investigative demands in connection with an investigation under the Nevada Unfair Trade Practice Act. Section 9 of this bill provides that any information received by the Attorney General pursuant to sections 2-10 is confidential and authorized to be disclosed only under certain circumstances. Section 10 of this bill provides for the imposition of a civil penalty of up to $1,000 per day for willful violations of the notification requirements set forth in sections 2-10.
Sections 16, 17, 19 and 20 of this bill revise provisions relating to proceedings instituted by the Attorney General under the Nevada Unfair Trade Practice Act to generally authorize additional equitable relief for violations of the Act. Section 18 of this bill requires public officers and employees to provide certain information to the Attorney General relating to such proceedings upon request.
Existing law requires a state agency to provide to the Executive Director of the Patient Protection Commission such information as the Executive Director may request. (NRS 439.914) Sections 17.5 and 21.5 of this bill provide that the Attorney General is not required to provide to the Executive Director information obtained by the Attorney General under the Nevada Unfair Trade Practice Act.
κ2021 Statutes of Nevada, Page 307 (CHAPTER 77, AB 47)κ
General is not required to provide to the Executive Director information obtained by the Attorney General under the Nevada Unfair Trade Practice Act.
Existing law provides that a noncompetition covenant is void and unenforceable unless the noncompetition covenant meets certain requirements. Under existing law, a noncompetition covenant is prohibited from restricting a former employee from providing service to a former customer or client under certain circumstances. (NRS 613.195) Section 22.5 of this bill also prohibits an employer from bringing an action to restrict a former employee from providing service to a former customer or client under certain circumstances. Section 22.5 also prohibits a noncompetition covenant from applying to an employee who is paid solely on an hourly wage basis, exclusive of any tips or gratuities. Finally, section 22.5 requires a court, in an action to enforce or challenge a noncompetition covenant, to award reasonable attorneys fees and costs to the employee if the court finds that the noncompetition covenant applies to an employee paid on an hourly wage basis or that the employer has impermissibly restricted or attempted to restrict the employee from providing services to a former customer or client.
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 598A 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 10, inclusive, of this act, unless the context otherwise requires, the word and terms defined in sections 3.5 to 5.9, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. (Deleted by amendment.)
Sec. 3.5. Affiliation means an agreement, arrangement or activity, the consummation of which results in:
1. A group practice or health carrier having control of another group practice or health carrier; or
2. A group practice or health carrier coming under common ownership with another group practice or health carrier.
Sec. 4. Control means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by a contract other than a commercial contract for goods or nonmanagement services or otherwise, unless the power is the result of an official position with or corporate office held by the person.
Sec. 4.2. 1. Group practice means two or more practitioners who are legally organized in a partnership, professional corporation, limited liability company formed to render professional services, medical foundation, nonprofit corporation, faculty practice plan or other similar entity:
(a) In which each practitioner who is a member of the group provides substantially the full range of services that the practitioner routinely provides, including, without limitation, medical care, consultation, diagnosis or treatment, through the joint use of shared office space, facilities, equipment or personnel;
(b) For which substantially all of the services of the practitioners who are members of the group practice are billed in the name of the group practice and amounts so received are treated as receipts of the group; or
κ2021 Statutes of Nevada, Page 308 (CHAPTER 77, AB 47)κ
(c) In which the overhead expenses of, and the income from, the group are distributed in accordance with methods determined by members of the group.
2. The term includes any entity that otherwise meets the definition whose shareholders, partners or owners include single-practitioner professional corporations, limited liability companies formed to render professional services or other entities to which beneficial owners are individual practitioners.
Sec. 4.4. Health care service means any service for the diagnosis, prevention, treatment, care or relief of a health condition, illness, injury or disease.
Sec. 4.6. Health carrier has the meaning ascribed to it in NRS 695G.024.
Sec. 4.8. Health carrier service means any service provided by a health carrier.
Sec. 5. (Deleted by amendment.)
Sec. 5.3. Practitioner means a physician licensed pursuant to chapter 630 or 633 of NRS, physician assistant, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, occupational therapist, licensed psychologist or perfusionist.
Sec. 5.6. 1. Reportable health care or health carrier transaction means any transaction that:
(a) Results in a material change to the business or corporate structure of a group practice or health carrier; and
(b) As a result of the transaction, would cause a group practice or health carrier to provide within a geographic market 50 percent or more of any health care service, including, without limitation, a health care service involving a specialty, or any health carrier service.
2. The term does not include a transaction involving business entities which:
(a) Are under common ownership; or
(b) Have a contracting relationship that was established before October 1, 2021.
3. As used in this section, a material change to the business or corporate structure of a group practice or health carrier includes, without limitation:
(a) The merger, consolidation or affiliation of a group practice or health carrier with another group practice or health carrier;
(b) The acquisition of all or substantially all of:
(1) The properties and assets of a group practice; or
(2) The capital stock, membership interests or other equity interest of a group practice or health carrier;
(c) The employment of all or substantially all of the practitioners in a group practice; and
(d) The acquisition of one or more insolvent group practices.
Sec. 5.9. Specialty means a subarea of medical practice that is recognized by the American Board of Medical Specialties.
Sec. 6. (Deleted by amendment.)
Sec. 6.5. 1. Except as otherwise provided in subsection 2, any person conducting business in this State who is a party to a reportable health care or health carrier transaction shall, at least 30 days before the consummation of the reportable health care or health carrier transaction, submit to the Attorney General a notification on a form prescribed by the Attorney General.
κ2021 Statutes of Nevada, Page 309 (CHAPTER 77, AB 47)κ
submit to the Attorney General a notification on a form prescribed by the Attorney General. The notification must contain the following information, to the extent such information is applicable:
(a) A brief description of the nature of the proposed relationship among the parties to the proposed reportable health care or health carrier transaction;
(b) The names and specialties of each practitioner working for the group practice that is the subject of the reportable health care or health carrier transaction and who is anticipated to work with the resulting group practice following the effective date of the transaction;
(c) The names of the business entities that are anticipated to provide health care services or health carrier services following the effective date of the reportable health care or health carrier transaction;
(d) An identification of each anticipated location where health care services or health carrier services are to be provided following the effective date of the reportable health care or health carrier transaction;
(e) A description of the services to be provided by practitioners at each location identified pursuant to paragraph (d); and
(f) The primary service area to be served by each location identified pursuant to paragraph (d).
2. If a person who is a party to a reportable health care or health carrier transaction is required to:
(a) Submit a copy of a filing to the Attorney General pursuant to section 7 of this act regarding the transaction, the copy of the filing submitted pursuant to section 7 of this act satisfies the requirement for notification pursuant to subsection 1.
(b) Submit a notification to the Commissioner of Insurance pursuant to NRS 692C.363 regarding the transaction, the person may satisfy the requirement for notification pursuant to subsection 1 by simultaneously submitting to the Attorney General a copy of the notification submitted to the Commissioner of Insurance.
Sec. 7. 1. Any person conducting business in this State that files a notification with the Federal Trade Commission or the United States Department of Justice pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976, 15 U.S.C. § 18a regarding a transaction that involves any assets of a group practice or health carrier in this State shall simultaneously submit a copy of the filing to the Attorney General.
2. A person that submits a copy of a filing to the Attorney General pursuant to subsection 1 satisfies the requirement for notice set forth in section 6 of this act.
Sec. 8. Nothing in sections 2 to 10, inclusive, of this act limits the power of the Attorney General to issue an investigative demand in connection with an investigation of a suspected violation of the provisions of this chapter pursuant to NRS 598A.100.
Sec. 9. All information received by the Attorney General pursuant to sections 2 to 10, inclusive, of this act must be kept confidential in the same manner and to the same extent as required in NRS 598A.110.
Sec. 10. 1. A person who willfully violates any provision of sections 2 to 10, inclusive, of this act is subject to a civil penalty not to exceed $1,000 for each day of the violation.
2. The provisions of sections 2 to 10, inclusive, of this act do not establish a private right of action against any person.
κ2021 Statutes of Nevada, Page 310 (CHAPTER 77, AB 47)κ
Secs. 11-15. (Deleted by amendment.)
Sec. 16. NRS 598A.070 is hereby amended to read as follows:
598A.070 1. The Attorney General shall:
(a) Enforce the provisions of this chapter.
(b) Investigate suspected violations of the provisions of this chapter.
(c) Institute proceedings on behalf of the State, its agencies, political subdivisions, districts or municipal corporations, or as parens patriae of the persons residing in the State for:
(1) Injunctive relief to prevent and restrain a violation of any provision of this chapter [.] , including, without limitation, a temporary restraining order, preliminary injunction or permanent injunction.
(2) Civil penalties for violations of the provisions of this chapter.
(3) Criminal penalties for violations of the provisions of this chapter.
(4) Other equitable relief for violations of the provisions of this chapter, including, without limitation, disgorgement or restitution.
2. Any district attorney in this State, with the permission or at the direction of the Attorney General, shall institute proceedings in the name of the State of Nevada for any violation of the provisions of this chapter.
Sec. 17. NRS 598A.090 is hereby amended to read as follows:
598A.090 The district courts have jurisdiction over actions and proceedings for violations of the provisions of this chapter and may:
1. Issue temporary restraining orders and injunctions to prevent and restrain violations of the provisions of this chapter.
2. Impose civil and criminal penalties and award damages as provided in this chapter.
3. Grant mandatory injunctions reasonably necessary to eliminate practices which are unlawful under the provisions of this chapter.
4. Grant other equitable relief the court considers appropriate for violations of the provisions of this chapter, including, without limitation, disgorgement or restitution.
Sec. 17.5. NRS 598A.110 is hereby amended to read as follows:
598A.110 1. Any procedure, testimony taken, document or other tangible evidence produced, or answer made under NRS 598A.100 shall be kept confidential by the Attorney General prior to the [institution of] entry of a protective order in an action brought under this chapter for the alleged violation of the provisions of this chapter under investigation, unless:
[1.] (a) Confidentiality is waived by the person upon whom the written investigative demand is made or pursuant to NRS 239.0115;
[2.] (b) Disclosure is authorized by the district court; or
[3.] (c) Disclosure is made pursuant to NRS 598A.080.
2. The Attorney General is not required to provide the information described in subsection 1 to the Executive Director of the Patient Protection Commission upon a request of the Executive Director pursuant to NRS 439.914.
Sec. 18. NRS 598A.150 is hereby amended to read as follows:
598A.150 It is the duty of all public officers [,] of any state agency, board or commission, and their deputies, assistants, clerks, subordinates or employees, to render and furnish to the Attorney General, his or her deputy or other designated representative, when so requested, including, without limitation, during the time in which discovery is being conducted in a proceeding instituted by the Attorney General, all the information and assistance in their possession or within their power relating to investigations carried out and proceedings instituted under the provisions of this chapter.
κ2021 Statutes of Nevada, Page 311 (CHAPTER 77, AB 47)κ
assistance in their possession or within their power relating to investigations carried out and proceedings instituted under the provisions of this chapter.
Sec. 19. NRS 598A.160 is hereby amended to read as follows:
598A.160 1. The Attorney General may bring a civil action for any violation of the provisions of this chapter in the name of the State of Nevada and is entitled to recover damages and secure other relief provided by the provisions of this chapter:
(a) As parens patriae of the persons residing in this State, with respect to damages sustained directly or indirectly by such persons, or, alternatively, if the court finds in its discretion that the interests of justice so require, as a representative of a class or classes consisting of persons residing in this State who have been damaged directly or indirectly; or
(b) As parens patriae, with respect to direct or indirect damages to the general economy of the State of Nevada or any agency or political subdivision thereof.
2. In any action under this section, this State:
(a) May recover the aggregate damage sustained by the persons on whose behalf this State sues, without separately proving the individual claims of each such person. Proof of such damages must be based on:
(1) Statistical or sampling methods;
(2) The pro rata allocation of illegal overcharges of sales occurring within the State of Nevada; or
(3) Such other reasonable system of estimating aggregate damages as the court may permit.
(b) Shall distribute, allocate or otherwise pay the amounts so recovered in accordance with state law, or in the absence of any applicable state law, as the district court may authorize, subject to the requirement that any distribution procedure adopted afford each person on whose behalf this State sues a reasonable opportunity individually to secure the pro rata portion of such recovery attributable to his, her or its respective claims for damages, less litigation and administrative costs, including attorney fees, before any of the recovery is escheated.
Sec. 20. NRS 598A.210 is hereby amended to read as follows:
598A.210 Except as otherwise provided in section 10 of this act:
1. Any person threatened with injury or damage to his or her business or property by reason of a violation of any provision of this chapter may institute a civil action or proceeding for injunctive or other equitable relief [.] , including, without limitation, a temporary restraining order, a preliminary or permanent injunction, restitution or disgorgement. If the court issues a permanent injunction, the plaintiff shall recover reasonable attorney fees, together with costs, as determined by the court.
2. Any person injured or damaged directly or indirectly in his or her business or property by reason of a violation of the provisions of this chapter may institute a civil action and shall recover treble damages, together with reasonable attorney fees and costs.
3. Any person commencing an action for any violation of the provisions of this chapter shall, simultaneously with the filing of the complaint with the court, mail a copy of the complaint to the Attorney General.
Sec. 21. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246,
κ2021 Statutes of Nevada, Page 312 (CHAPTER 77, AB 47)κ
86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 437.145, 437.207, 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2673, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.580, 640C.600,
κ2021 Statutes of Nevada, Page 313 (CHAPTER 77, AB 47)κ
640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.221, 641.325, 641A.191, 641A.262, 641A.289, 641B.170, 641B.282, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 9 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
4. If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium. Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
κ2021 Statutes of Nevada, Page 314 (CHAPTER 77, AB 47)κ
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 21.5. NRS 439.914 is hereby amended to read as follows:
439.914 1. The Governor shall appoint the Executive Director of the Commission within the Office of the Governor. The Executive Director:
(a) Must have experience in health care or health insurance;
(b) Is in the unclassified service of the State; and
(c) Serves at the pleasure of the Governor.
2. The Executive Director shall:
(a) Perform the administrative duties of the Commission and such other duties as are directed by the Commission; and
(b) To the extent that money is available for this purpose, appoint employees to assist the Executive Director in carrying out the duties prescribed in paragraph (a). Such employees serve at the pleasure of the Executive Director and are in the unclassified service of the State.
3. The Executive Director may request any information maintained by a state agency that is necessary for the performance of his or her duties, including, without limitation, information that is otherwise declared confidential by law. [To] Except as otherwise provided in NRS 598A.110, to the extent authorized by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and the regulations adopted pursuant thereto, an agency from which such information is requested shall provide the information to the Executive Director.
4. The Executive Director:
(a) Shall maintain any information obtained pursuant to subsection 3 under the same conditions as the information is maintained by the agency that provided the information; and
(b) Except as otherwise provided in this paragraph, shall not disclose any confidential information obtained pursuant to subsection 3 to any other person or entity, including, without limitation, the Commission or a member thereof. The Executive Director may disclose or publish aggregated information in a manner that does not reveal the identity of any person.
Sec. 22. (Deleted by amendment.)
Sec. 22.5. NRS 613.195 is hereby amended to read as follows:
613.195 1. A noncompetition covenant is void and unenforceable unless the noncompetition covenant:
(a) Is supported by valuable consideration;
(b) Does not impose any restraint that is greater than is required for the protection of the employer for whose benefit the restraint is imposed;
(c) Does not impose any undue hardship on the employee; and
(d) Imposes restrictions that are appropriate in relation to the valuable consideration supporting the noncompetition covenant.
2. A noncompetition covenant may not restrict , and an employer may not bring an action to restrict, a former employee of an employer from providing service to a former customer or client if:
(a) The former employee did not solicit the former customer or client;
(b) The customer or client voluntarily chose to leave and seek services from the former employee; and
κ2021 Statutes of Nevada, Page 315 (CHAPTER 77, AB 47)κ
(c) The former employee is otherwise complying with the limitations in the covenant as to time, geographical area and scope of activity to be restrained, other than any limitation on providing services to a former customer or client who seeks the services of the former employee without any contact instigated by the former employee.
Κ Any provision in a noncompetition covenant which violates the provisions of this subsection is void and unenforceable.
3. A noncompetition covenant may not apply to an employee who is paid solely on an hourly wage basis, exclusive of any tips or gratuities.
4. An employer in this State who negotiates, executes or attempts to enforce a noncompetition covenant that is void and unenforceable under this section does not violate the provisions of NRS 613.200.
[4.] 5. If the termination of the employment of an employee is the result of a reduction of force, reorganization or similar restructuring of the employer, a noncompetition covenant is only enforceable during the period in which the employer is paying the employees salary, benefits or equivalent compensation, including, without limitation, severance pay.
[5.] 6. If an employer brings an action to enforce a noncompetition covenant or an employee brings an action to challenge a noncompetition covenant and the court finds the covenant is supported by valuable consideration but contains limitations as to time, geographical area or scope of activity to be restrained that are not reasonable, [impose] imposes a greater restraint than is necessary for the protection of the employer for whose benefit the restraint is imposed [and impose] or imposes undue hardship on the employee, the court shall revise the covenant to the extent necessary and enforce the covenant as revised. Such revisions must cause the limitations contained in the covenant as to time, geographical area and scope of activity to be restrained to be reasonable , to not impose undue hardship on the employee and to impose a restraint that is not greater than is necessary for the protection of the employer for whose benefit the restraint is imposed.
[6.] 7. If an employer brings an action to enforce a noncompetition covenant or an employee brings an action to challenge a noncompetition covenant and the court finds that the noncompetition covenant applies to an employee described in subsection 3 or that the employer has restricted or attempted to restrict a former employee in the manner described in subsection 2, the court shall award the employee reasonable attorneys fees and costs. Nothing in this subsection shall be construed as prohibiting a court from otherwise awarding attorneys fees to a prevailing party pursuant to NRS 18.010.
8. As used in this section:
(a) Employer means every person having control or custody of any employment, place of employment or any employee.
(b) Noncompetition covenant means an agreement between an employer and employee which, upon termination of the employment of the employee, prohibits the employee from pursuing a similar vocation in competition with or becoming employed by a competitor of the employer.
Secs. 23-25. (Deleted by amendment.)
________
κ2021 Statutes of Nevada, Page 316κ
Assembly Bill No. 48Committee on Government Affairs
CHAPTER 78
[Approved: May 25, 2021]
AN ACT relating to public employees; authorizing certain retired public officers and employees of nonparticipating local governmental agencies to reinstate insurance under the Public Employees Benefits Program; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a retired public officer or employee or the surviving spouse thereof to reinstate insurance under the Public Employees Benefits Program, except life insurance, if the public officer or employee: (1) did not have more than one period during which he or she was not covered by insurance under the Program on or after October 1, 2011; and (2) retired from a participating state or local governmental agency under certain circumstances or was enrolled in the retirement program established by the Board of Regents of the University of Nevada for professional staff of the Nevada System of Higher Education. (NRS 287.0475) This bill additionally authorizes a retired public officer or employee or the surviving spouse thereof to reinstate such insurance if the retired public officer or employee: (1) did not have more than one period during which he or she was not covered by insurance under the Program on or after October 1, 2011; (2) retired from a nonparticipating local governmental agency; (3) was enrolled in the Program as a retiree on November 30, 2008; and (4) is enrolled in Medicare Parts A and B at the time of the request for reinstatement.
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 287.0475 is hereby amended to read as follows:
287.0475 1. Except as otherwise provided in subsection 3, a retired public officer or employee or the surviving spouse of a retired public officer or employee who is deceased may reinstate any insurance under the Program, except life insurance, that, at the time of reinstatement, is provided by the Program if the retired public officer or employee:
(a) Retired:
(1) Pursuant to NRS 1A.350 or 1A.480, or 286.510 or 286.620, from a participating state agency or was enrolled in a retirement program provided pursuant to NRS 286.802; [or]
(2) Pursuant to NRS 1A.350 or 1A.480, or 286.510 or 286.620, from employment with a county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State which is a participating local governmental agency at the time of the request for reinstatement; or
(3) Pursuant to NRS 1A.350 or 1A.480, or 286.510 or 286.620, from employment with a county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State which is not a participating local governmental agency at the time of the request for reinstatement and:
κ2021 Statutes of Nevada, Page 317 (CHAPTER 78, AB 48)κ
(I) Was enrolled in the Program as a retired public officer or employee on November 30, 2008; and
(II) Is enrolled in Medicare Part A provided pursuant to Part A of Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395c et seq., and Medicare Part B provided pursuant to Part B of Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395j et seq., at the time of the request for reinstatement; and
(b) Did not have more than one period during which the retired public officer or employee was not covered by insurance under the Program on or after October 1, 2011, or on or after the date of retirement of the public officer or employee, whichever is later.
2. Reinstatement pursuant to subsection 1 must be requested by:
(a) Giving written notice to the Program of the intent of the public officer or employee or surviving spouse to reinstate the insurance not later than 31 days before the commencement of the plan year;
(b) Accepting the Programs current plan of insurance and any subsequent changes thereto; and
(c) Except as otherwise provided in NRS 287.046, paying any portion of the premiums or contributions for coverage under the Program, in the manner set forth in NRS 1A.470 or 286.615, which are due from the date of reinstatement and not paid by the public employer.
3. If a retired public officer or employee retired pursuant to NRS 1A.350 or 1A.480, or 286.510 or 286.620, from employment with a county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency, the retired public officer or employee, or the surviving spouse of such a retired public officer or employee who is deceased, may not reinstate health insurance pursuant to subsection 1 if he or she is excluded from participation in the Program pursuant to sub-subparagraph (III) of subparagraph (2) of paragraph (h) of subsection 2 of NRS 287.043.
Sec. 2. This act becomes effective on July 1, 2021.
________
Assembly Bill No. 63Committee on Government Affairs
CHAPTER 79
[Approved: May 25, 2021]
AN ACT relating to local financial administration; authorizing a local government to use money from a certain fund to mitigate the effects of certain emergencies; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the governing body of a local government to establish a fund to stabilize the operation of the local government or mitigate the effects of a natural disaster. (NRS 354.6115) This bill expands the use of such a fund to include mitigating the effects of an emergency which is declared by the local government.
κ2021 Statutes of Nevada, Page 318 (CHAPTER 79, AB 63)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 354.6115 is hereby amended to read as follows:
354.6115 1. The governing body of a local government may, by resolution, establish a fund to stabilize the operation of the local government and mitigate the effects of emergencies or natural disasters.
2. The money in the fund must be used only:
(a) If the total actual revenue of the local government falls short of the total anticipated revenue in the general fund for the fiscal year in which the local government uses that money; or
(b) To pay expenses incurred by the local government to mitigate the effects of an emergency or a natural disaster.
Κ The money in the fund at the end of the fiscal year may not revert to any other fund or be a surplus for any purpose other than a purpose specified in this subsection.
3. The money in the fund may not be used to pay expenses incurred to mitigate the effects of an emergency or a natural disaster until the governing body of the local government issues a formal declaration that an emergency or a natural disaster exists. The governing body shall not make such a declaration unless an emergency or a natural disaster is occurring or has occurred. Upon the issuance of such a declaration, the money in the fund may be used for the payment of the following expenses incurred by the local government as a result of the emergency or natural disaster:
(a) The repair or replacement of roads, streets, bridges, water control facilities, public buildings, public utilities, recreational facilities and parks owned by the local government and damaged by the emergency or natural disaster;
(b) Any emergency measures undertaken to save lives, protect public health and safety or protect property within the jurisdiction of the local government;
(c) The removal of debris from publicly or privately owned land and waterways within the jurisdiction of the local government that was undertaken because of the emergency or natural disaster;
(d) Expenses incurred by the local government for any overtime worked by an employee of the local government because of the emergency or natural disaster or any other extraordinary expenses incurred by the local government because of the emergency or natural disaster; and
(e) The payment of any grant match the local government must provide to obtain a grant from a federal agency for an eligible project to repair damage caused by the emergency or natural disaster within the jurisdiction of the local government.
4. The balance in the fund must not exceed 10 percent of the expenditures from the general fund for the previous fiscal year, excluding any federal funds expended by the local government.
5. The annual budget and audit report of the local government prepared pursuant to NRS 354.624 must specifically identify the fund.
6. The audit report prepared for the fund must include a statement by the auditor whether the local government has complied with the provisions of this section.
κ2021 Statutes of Nevada, Page 319 (CHAPTER 79, AB 63)κ
7. Any transfer of money from a fund established pursuant to this section for a natural disaster must be completed within 90 days after the end of the fiscal year in which the natural disaster for which the fund was established occurs.
8. As used in this section:
(a) Emergency means a sudden, unexpected occurrence that involves clear and imminent danger and requires immediate action to prevent or mitigate loss of life or damage to health, property or essential public services. The term does not include a natural disaster.
(b) Grant match has the meaning ascribed to it in NRS 353.2725.
[(b)] (c) Natural disaster means a fire, flood, earthquake, drought or any other [occurrence] act of nature that:
(1) Results in widespread or severe damage to property or injury to or the death of persons within the jurisdiction of the local government; and
(2) As determined by the governing body of the local government, requires immediate action to protect the health, safety and welfare of persons residing within the jurisdiction of the local government.
________
Assembly Bill No. 68Committee on Education
CHAPTER 80
[Approved: May 25, 2021]
AN ACT relating to education; increasing the period within which a meeting must be held by the State Public Charter School Authority to consider an application to form a charter school; exempting certain charter schools from certain performance frameworks; authorizing the sponsor of a charter school to eliminate certain elementary, middle or high schools in or campuses of a charter school in certain circumstances; revising provisions relating to the performance of a charter school; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a committee to form a charter school or a charter management organization to submit an application to form a charter school to the State Public Charter School Authority, and upon approval of the application, the Authority becomes the sponsor of the charter school. (NRS 388A.249, 388A.255) Section 1 of this bill requires the meeting held by the State Public Charter School Authority to consider such an application to occur not later than 120 days, rather than 60 days, after it receives the application.
Existing law requires: (1) each public school, including, without limitation, a charter school, to be rated pursuant to the statewide system of accountability for public schools; and (2) the charter contract of each charter school to incorporate a performance framework for the school. (NRS 385A.600, 388A.270) Existing law also authorizes a charter school to request to be rated using an alternative performance framework if the charter school meets certain requirements. (NRS 385A.730, 385A.740, 388A.274) Additionally, existing law requires the State Public Charter School Authority, the board of trustees of the school district or a college or university within the Nevada System of Higher Education, as applicable, to deny a request to amend a charter contract if the charter school does not meet certain requirements of the performance framework. (NRS 388A.279) Existing law also requires the sponsor of a charter school to terminate the charter contract or restart the charter school under a new charter contract if the charter school receives certain ratings indicating underperformance of the school.
κ2021 Statutes of Nevada, Page 320 (CHAPTER 80, AB 68)κ
of a charter school to terminate the charter contract or restart the charter school under a new charter contract if the charter school receives certain ratings indicating underperformance of the school. (NRS 388A.300) Section 2 of this bill exempts a charter school that has been approved to be rated using the alternative performance framework from those requirements. Sections 3 and 4 of this bill make conforming changes to carry out the exemption.
Existing law authorizes the sponsor of a charter school to reconstitute the governing body of a charter school or terminate the contract of a charter school before the expiration of the charter if the sponsor determines that certain criteria are met. Existing law also authorizes the sponsor of a charter school to amend the charter contract to eliminate certain grade levels in the charter school if the sponsor determines that not all of the grade levels meet the criteria for reconstitution or termination. (NRS 388A.330) Section 5 of this bill authorizes the sponsor of a charter school to also eliminate elementary, middle or high schools in or campuses of a charter school in such circumstances. Similarly, section 4 of this bill authorizes the sponsor of a charter school to eliminate only the elementary, middle or high schools in or campuses of a charter school that meet the criteria for termination of the charter contract or restarting of the charter school under a new charter contract. Section 5 also eliminates duplicative language regarding under performance of a charter school.
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.255 is hereby amended to read as follows:
388A.255 1. If the State Public Charter School Authority receives an application pursuant to subsection 1 of NRS 388A.249 or subsection 4 of NRS 388A.252, it shall consider the application at a meeting which must be held not later than [60] 120 days after receipt of the application or a later period mutually agreed upon by the committee to form the charter school and the State Public Charter School Authority. Notice of the meeting must be posted in accordance with chapter 241 of NRS. The State Public Charter School Authority shall review the application in accordance with the requirements for review set forth in subsections 2 and 3 of NRS 388A.249. The State Public Charter School Authority may approve an application only if the requirements of subsection 3 of NRS 388A.249 are satisfied. Not more than 30 days after the meeting, the State Public Charter School Authority shall provide written notice of its determination to the applicant.
2. If the State Public Charter School Authority denies or fails to act upon an application, the denial or failure to act must be based upon a finding that the requirements of subsection 3 of NRS 388A.249 have not been satisfied. The State Public Charter School Authority shall include in the written notice the reasons for the denial or the failure to act and the deficiencies. The staff designated by the State Public Charter School Authority shall meet with the applicant to confer on the method to correct the identified deficiencies. The applicant must be granted 30 days after receipt of the written notice to correct any deficiencies identified in the written notice and resubmit the application.
3. If the State Public Charter School Authority denies an application after it has been resubmitted pursuant to subsection 2, the applicant may, not more than 30 days after the receipt of the written notice from the State Public Charter School Authority, appeal the final determination to the district court of the county in which the proposed charter school will be located.
κ2021 Statutes of Nevada, Page 321 (CHAPTER 80, AB 68)κ
Sec. 2. NRS 388A.274 is hereby amended to read as follows:
388A.274 1. If a charter school wishes to be rated using the alternative performance framework prescribed by the State Board pursuant to NRS 385A.730, the governing body of the charter school may submit to the sponsor of the charter school a request to amend the charter contract of the charter school pursuant to NRS 388A.276 to include the mission statement and admissions policy required by subsection 4 of NRS 385A.740.
2. The sponsor of a charter school may require that:
(a) A request to amend a charter contract described in subsection 1 also include such changes to the academic program, organizational plan and financial model of the charter school as the sponsor of the charter school determines are necessary for a charter school rated using the alternative performance framework; and
(b) A charter school which submits a request to amend a charter contract described in subsection 1 perform such actions as the sponsor of the charter school determines to be necessary to successfully transition to being rated using the alternative performance framework.
3. The sponsor of a charter school shall evaluate a request to amend a charter contract described in subsection 1 by reviewing the academic, organizational and financial performance of the charter school. If the sponsor of the charter school determines that the charter school is unlikely to achieve academic, organizational or financial success if the request to amend its charter contract is approved, the sponsor of the charter school must deny the request.
4. Unless invited to do so by the sponsor of the charter school, the governing body of a charter school whose request to amend its charter contract is denied pursuant to subsection 3 may not submit a materially similar request for 1 year after the denial of its request.
5. If a proposed sponsor of a charter school approves an application to form a charter school and the proposed sponsor of the charter school determines that the charter school has a mission statement and an admissions policy which satisfy the requirements of subsection 4 of NRS 385A.740, the proposed sponsor of the charter school shall include language in the charter contract entered into with the charter school which provides that:
(a) Except as otherwise provided in paragraph (b), the proposed sponsor of the charter school will submit an application to the State Board on behalf of the charter school for the charter school to be rated using the alternative performance framework within 2 years after the charter school commences operation;
(b) The proposed sponsor of the charter school will submit the application described in paragraph (a) only upon the successful completion by the charter school of such actions as the proposed sponsor of the charter school determines to be necessary to successfully transition to being rated using the alternative performance framework; and
(c) Upon approval of such an application by the State Board, the performance framework adopted by the proposed sponsor of the charter school will be replaced by the alternative performance framework.
6. A charter school that is rated using the alternative performance framework pursuant to NRS 385A.730 is exempt from the provisions of paragraph (a) of subsection 3 of NRS 388A.279 and subsection 1 of NRS 388A.300.
Sec. 3. NRS 388A.279 is hereby amended to read as follows:
388A.279 1. The State Public Charter School Authority, the board of trustees of the school district or a college or university within the Nevada System of Higher Education, as applicable, which sponsors a charter school may hold a public hearing concerning any request to amend a charter contract of the charter school it sponsors, including, without limitation, a request to amend a charter contract for the purpose of:
κ2021 Statutes of Nevada, Page 322 (CHAPTER 80, AB 68)κ
System of Higher Education, as applicable, which sponsors a charter school may hold a public hearing concerning any request to amend a charter contract of the charter school it sponsors, including, without limitation, a request to amend a charter contract for the purpose of:
(a) Expanding the charter school to offer instruction in grade levels for which the charter school does not already offer instruction.
(b) Increasing the total enrollment of a charter school or the enrollment of pupils in a particular grade level in the charter school for a school year to more than 120 percent of the enrollment prescribed in the charter contract for that school year.
(c) Reducing the total enrollment of a charter school or the enrollment of pupils in a particular grade level in the charter school for a school year to less than 80 percent of the enrollment prescribed in the charter contract for that school year.
(d) Seeking to acquire an additional facility in any county of this State to expand the enrollment of the charter school.
(e) Consolidating the operations of multiple charter schools pursuant to NRS 388A.282.
2. A charter contract may not be amended in any manner described in subsection 1 unless the amendment is approved by the State Public Charter School Authority, the board of trustees of the school district or a college or university within the Nevada System of Higher Education, as applicable.
3. The State Public Charter School Authority, the board of trustees of the school district or a college or university within the Nevada System of Higher Education, as applicable, must deny a request to amend a charter contract in the manner described in paragraph (d) or (e) of subsection 1 if the State Public Charter School Authority, the board of trustees or a college or university within the Nevada System of Higher Education, as applicable, determines that:
(a) [The] Except as otherwise provided in subsection 6 of NRS 388A.274, the charter school is not meeting the requirements of the performance framework concerning academics, finances or organization established pursuant to NRS 388A.273; or
(b) The governing body does not have a comprehensive and feasible plan to operate additional facilities.
Sec. 4. NRS 388A.300 is hereby amended to read as follows:
388A.300 1. [The] Except as otherwise provided in subsection 6 and subsection 6 of NRS 388A.274, the sponsor of a charter school shall terminate the charter contract of the charter school or restart the charter school under a new charter contract if the charter school receives, in any period of 5 consecutive school years, three annual ratings established as the lowest rating possible indicating underperformance of a public school, as determined by the Department pursuant to the statewide system of accountability for public schools.
2. A charter schools annual rating pursuant to the statewide system of accountability based upon the performance of the charter school must not be included in the count of annual ratings for the purposes of subsection 1 for any school year before the 2015-2016 school year.
3. If a charter contract is terminated or a charter school is restarted pursuant to subsection 1, the sponsor of the charter school shall submit a written report to the Department and the governing body of the charter school setting forth the reasons for the termination or restart of the charter school not later than 10 days after terminating the charter contract or restarting the charter school.
κ2021 Statutes of Nevada, Page 323 (CHAPTER 80, AB 68)κ
of the charter school not later than 10 days after terminating the charter contract or restarting the charter school.
4. The provisions of NRS 388A.330 do not apply to the termination of a charter contract or restart of the charter school pursuant to this section.
5. The Department shall adopt regulations governing procedures to restart a charter school under a new charter contract pursuant to subsection 1. Such regulations must include, without limitation, requiring a charter school that is restarted to enroll a pupil who was enrolled in the charter school before the school was restarted before any other eligible pupil is enrolled.
6. If the sponsor of a charter school determines that not all of the elementary, middle or high schools in or campuses of the charter school meet the criteria described in subsection 1 and that the charter school can remain financially viable if the charter school continues to operate and serve only the elementary, middle or high schools or campuses which do not meet the criteria described in subsection 1, the sponsor may amend the charter contract to eliminate the elementary, middle or high schools or campuses that meet the criteria described in subsection 1 and limit the enrollment in all other elementary, middle or high schools in or campuses of the charter school.
Sec. 5. NRS 388A.330 is hereby amended to read as follows:
388A.330 Except as otherwise provided in NRS 388A.300:
1. Except as otherwise provided in subsection 6, the sponsor of a charter school may reconstitute the governing body of a charter school or terminate a charter contract before the expiration of the charter if the sponsor determines that:
(a) The charter school, its officers or its employees:
(1) Committed a material breach of the terms and conditions of the charter contract;
(2) Failed to comply with generally accepted standards of fiscal management; or
(3) Failed to comply with the provisions of this chapter or any other statute or regulation applicable to charter schools; [or
(4) Has persistently underperformed, as measured by the performance indicators, measures and metrics set forth in the performance framework for the charter school;]
(b) The charter school has filed for a voluntary petition of bankruptcy, is adjudicated bankrupt or insolvent, or is otherwise financially impaired such that the charter school cannot continue to operate;
(c) There is reasonable cause to believe that reconstitution or termination is necessary to protect the health and safety of the pupils who are enrolled in the charter school or persons who are employed by the charter school from jeopardy, or to prevent damage to or loss of the property of the school district or the community in which the charter school is located;
(d) The committee to form the charter school or charter management organization, as applicable, or any member of the committee to form the charter school or charter management organization, as applicable, or the governing body of the charter school has at any time made a material misrepresentation or omission concerning any information disclosed to the sponsor;
(e) The charter school operates a high school that has a graduation rate for the immediately preceding school year that is less than 60 percent;
(f) The charter school operates an elementary or middle school or junior high school that is rated in the lowest 5 percent of elementary schools, middle schools or junior high schools in the State in pupil achievement and school performance [,] for the immediately preceding school year, as determined by the Department pursuant to the statewide system of accountability for public schools; or
κ2021 Statutes of Nevada, Page 324 (CHAPTER 80, AB 68)κ
middle schools or junior high schools in the State in pupil achievement and school performance [,] for the immediately preceding school year, as determined by the Department pursuant to the statewide system of accountability for public schools; or
(g) [Pupil achievement and school performance at the] The charter school [is unsatisfactory] has persistently underperformed, including, without limitation, underperformance in pupil achievement and school performance, as determined by the Department pursuant to criteria prescribed by regulation . [by the Department to measure the performance of any public school pursuant to the statewide system of accountability for public schools.]
2. Before the sponsor reconstitutes a governing body or terminates a charter contract, the sponsor shall provide written notice of its intention to the governing body of the charter school. The written notice must:
(a) Include a statement of the deficiencies or reasons upon which the action of the sponsor is based;
(b) Except as otherwise provided in subsection 4, prescribe a period, not less than 30 days, during which the charter school may correct the deficiencies, including, without limitation, the date on which the period to correct the deficiencies begins and the date on which that period ends;
(c) Prescribe the date on which the sponsor will make a determination regarding whether the charter school has corrected the deficiencies, which determination may be made during the public hearing held pursuant to subsection 3; and
(d) Prescribe the date on which the sponsor will hold a public hearing to consider whether to reconstitute the governing body or terminate the charter contract.
3. Except as otherwise provided in subsection 4, not more than 90 days after the notice is provided pursuant to subsection 2, the sponsor shall hold a public hearing to make a determination regarding whether to reconstitute the governing body or terminate the charter contract. If the charter school corrects the deficiencies to the satisfaction of the sponsor within the time prescribed in paragraph (b) of subsection 2, the sponsor shall not reconstitute the governing body or terminate the charter contract of the charter school. The sponsor may not include in a written notice pursuant to subsection 2 any deficiency which was included in a previous written notice and which was corrected by the charter school, unless the deficiency recurred after being corrected or the sponsor determines that the deficiency is evidence of an ongoing pattern of deficiencies in a particular area.
4. The sponsor of a charter school and the governing body of the charter school may enter into a written agreement that prescribes different time periods than those set forth in subsections 2 and 3.
5. If the governing body of a charter school is reconstituted or the charter contract is terminated, the sponsor of the charter school shall submit a written report to the Department and the governing body of the charter school setting forth the reasons for the reconstitution or termination, as applicable, not later than 10 days after reconstituting the governing body or terminating the charter contract.
6. The governing body of a charter school may not be reconstituted if it has been previously reconstituted.
7. If the sponsor of a charter school determines that not all of the [grade levels] elementary, middle or high schools in or campuses of the charter school meet the criteria described in paragraphs (a) to (g), inclusive, of subsection 1 and that the charter school can remain financially viable if the charter school continues to operate and serve only the [grade levels] elementary, middle or high schools or campuses which do not meet the criteria described in those paragraphs, the sponsor may amend the charter contract to eliminate the [grade levels] elementary, middle or high schools or campuses that meet the criteria described in paragraphs (a) to (g), inclusive, of subsection 1 and limit the enrollment in all other [grade levels] elementary, middle or high schools in or campuses of the charter school.
κ2021 Statutes of Nevada, Page 325 (CHAPTER 80, AB 68)κ
subsection 1 and that the charter school can remain financially viable if the charter school continues to operate and serve only the [grade levels] elementary, middle or high schools or campuses which do not meet the criteria described in those paragraphs, the sponsor may amend the charter contract to eliminate the [grade levels] elementary, middle or high schools or campuses that meet the criteria described in paragraphs (a) to (g), inclusive, of subsection 1 and limit the enrollment in all other [grade levels] elementary, middle or high schools in or campuses of the charter school.
Sec. 6. This act becomes effective on July 1, 2021.
________
Assembly Bill No. 69Committee on Revenue
CHAPTER 81
[Approved: May 25, 2021]
AN ACT relating to economic development; revising provisions relating to the membership of the Board of Economic Development; revising provisions governing the appointment of the Executive Director of the Office of Economic Development within the Office of the Governor; renaming and revising provisions relating to the Division of Motion Pictures within the Office of Economic Development; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Board of Economic Development, which is required to review and make recommendations on various aspects of economic development in Nevada. (NRS 231.033, 231.037) Under existing law, the Board consists of: (1) nine voting members, including the Governor, the Lieutenant Governor, the Secretary of State and six representatives of the private sector; and (2) two nonvoting members, which are the Chancellor of the Nevada System of Higher Education or his or her designee and the Director of the Department of Employment, Training and Rehabilitation. (NRS 231.033) Section 2 of this bill adds the Director of the Department of Business and Industry as a nonvoting member of the Board. Section 2 also clarifies that the requirements in existing law relating to a quorum and calling of meetings only apply to the voting members of the Board.
Existing law creates the Office of Economic Development within the Office of the Governor, the administrative and technical activities of which are directed and supervised by an Executive Director. (NRS 231.043, 231.047, 231.053) Under existing law, the Executive Director is required to be appointed by the Governor from a list of three persons recommended by the Board. (NRS 231.047) Section 4 of this bill changes the number of names that the Board is required to recommend to a maximum of three persons.
Under existing law, the Office of Economic Development consists of the Division of Economic Development and the Division of Motion Pictures. (NRS 231.043) Section 3 of this bill renames the Division of Motion Pictures as the Nevada Film Office.
Existing law requires the Division of Motion Pictures to formulate a program to promote the production of motion pictures in this State, which must include: (1) a directory of names of persons and governmental agencies in Nevada with the capacity to provide skills and facilities needed for the production of motion pictures; and (2) a library containing audiovisual recordings depicting available locations for the production of motion pictures in Nevada. (NRS 231.127) Section 1 of this bill removes limitations on the types of motion pictures covered by the program in existing law and includes commercials and other audiovisual media within the program.
κ2021 Statutes of Nevada, Page 326 (CHAPTER 81, AB 69)κ
removes limitations on the types of motion pictures covered by the program in existing law and includes commercials and other audiovisual media within the program. (NRS 231.020) Section 5 of this bill removes the requirement for the development of a library of audiovisual recordings of available locations and instead requires that the directory of names and available locations be made available on the Internet website of the Nevada Film Office.
Existing law requires a motion picture company to register with the Division of Motion Pictures before commencing production of a motion picture in Nevada. Under existing law, the registration is required to be signed by the Administrator of the Division of Motion Pictures or, in a county whose population is 700,000 or more (currently Clark County), by the head of the department or agency within the county which is authorized to issue business licenses on behalf of the county. (NRS 231.128) Section 6 of this bill eliminates the alternate signature required in larger counties, and therefore all registrations are required to be signed by the Administrator. Sections 5 and 6 of this bill change the term motion picture company to media production company.
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 231.020 is hereby amended to read as follows:
231.020 As used in NRS 231.020 to 231.139, inclusive, unless the context otherwise requires, motion pictures includes feature films, [movies made for broadcast or other electronic transmission, and] programs made for broadcast or other electronic transmission [in episodes.] , commercials and other audiovisual media.
Sec. 2. NRS 231.033 is hereby amended to read as follows:
231.033 1. There is hereby created the Board of Economic Development, consisting of:
(a) The following voting members:
(1) The Governor;
(2) The Lieutenant Governor;
(3) The Secretary of State; and
(4) Six members who must be selected from the private sector and appointed as follows:
(I) Three members appointed by the Governor;
(II) One member appointed by the Speaker of the Assembly;
(III) One member appointed by the Majority Leader of the Senate; and
(IV) One member appointed by the Minority Leader of the Assembly or the Minority Leader of the Senate. The Minority Leader of the Senate shall appoint the member for the initial term, the Minority Leader of the Assembly shall appoint the member for the next succeeding term, and thereafter, the authority to appoint the member for each subsequent term alternates between the Minority Leader of the Assembly and the Minority Leader of the Senate.
(b) The following nonvoting members:
(1) The Chancellor of the Nevada System of Higher Education or his or her designee; [and]
(2) The Director of the Department of Business and Industry; and
κ2021 Statutes of Nevada, Page 327 (CHAPTER 81, AB 69)κ
(3) The Director of the Department of Employment, Training and Rehabilitation.
2. In appointing the members of the Board described in subsection 1, the appointing authorities shall coordinate the appointments when practicable so that the members of the Board represent the diversity of this State, including, without limitation, different strategically important industries, different geographic regions of this State and different professions.
3. The Governor shall serve as the Chair of the Board.
4. Except as otherwise provided in this subsection, the members of the Board appointed pursuant to subparagraph (4) of paragraph (a) of subsection 1 are appointed for terms of 4 years. The initial members of the Board shall by lot select three of the initial members of the Board appointed pursuant to subparagraph (4) of paragraph (a) of subsection 1 to serve an initial term of 2 years.
5. The Governor, the Lieutenant Governor or the Secretary of State may designate a person to serve as a member of the Board for the Governor, Lieutenant Governor or Secretary of State, respectively. Any person designated to serve pursuant to this subsection shall serve for the term of the officer appointing him or her and serves at the pleasure of that officer. If the Governor designates a person to serve on his or her behalf, that person shall serve as the Chair of the Board. Vacancies in the appointed positions on the Board must be filled by the appointing authority for the unexpired term.
6. The Executive Director shall serve as the nonvoting Secretary of the Board.
7. A majority of the voting members of the Board constitutes a quorum, and the affirmative vote of a majority of the voting members of the Board is required to exercise any power conferred on the Board.
8. The Board shall meet at least once each quarter but may meet more often at the call of the Chair or a majority of the voting members of the Board.
9. The members of the Board serve without compensation but are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the official business of the Board.
Sec. 3. NRS 231.043 is hereby amended to read as follows:
231.043 1. There is hereby created within the Office of the Governor the Office of Economic Development, consisting of:
(a) A Division of Economic Development; and
(b) [A Division of Motion Pictures.] The Nevada Film Office.
2. The Governor shall propose a budget for the Office.
3. Employees of the Office are not in the classified or unclassified service of this State and serve at the pleasure of the Executive Director.
Sec. 4. NRS 231.047 is hereby amended to read as follows:
231.047 The Executive Director:
1. Must be appointed by the Governor from a list of not more than three persons recommended by the Board.
2. Is not in the classified or unclassified service of this State.
3. Serves at the pleasure of the Board, except that he or she may be removed by the Board only if the Board finds that his or her performance is unsatisfactory.
κ2021 Statutes of Nevada, Page 328 (CHAPTER 81, AB 69)κ
4. Shall devote his or her entire time to the duties of his or her office and shall not engage in any other gainful employment or occupation.
Sec. 5. NRS 231.127 is hereby amended to read as follows:
231.127 1. The [Division of Motion Pictures] Nevada Film Office shall formulate a program to promote the production of motion pictures in Nevada. The program must include development of [:
(a) A] a directory of [the] :
(a) The names of persons, firms and governmental agencies in this State which are capable of furnishing the skills and facilities needed in all phases of the production of motion pictures; and
(b) [A library containing audiovisual recordings which depict the variety and extent of the] The locations in this State which are available for the production of motion pictures [.] , including, without limitation, visual depictions of a variety of such locations.
Κ The directory [of names and the library of audiovisual recordings] must be kept current and [be cross-referenced.] made available on an Internet website maintained by the Nevada Film Office.
2. The program may include:
(a) The preparation and distribution of other appropriate promotional and informational material, including advertising, which points out desirable locations within the State for the production of motion pictures, explains the benefits and advantages of producing motion pictures in this State, and describes the services and assistance available from this State and its local governments;
(b) Assistance to [motion picture] media production companies in securing permits to film at certain locations and in obtaining other services connected with the production of motion pictures; and
(c) Encouragement of cooperation among local, state and federal agencies and public organizations in the location and production of motion pictures.
Sec. 6. NRS 231.128 is hereby amended to read as follows:
231.128 1. Before a [motion picture] media production company begins production of a motion picture in this State, the [motion picture] media production company must:
(a) Register with the [Division of Motion Pictures;] Nevada Film Office; and
(b) Obtain any applicable permits otherwise required by other agencies and political subdivisions of this State.
2. The registration filed with the [Division of Motion Pictures] Nevada Film Office must:
(a) Contain a provision which provides that the [motion picture] media production company agrees to pay, within 30 days after the filming of the motion picture is completed in this State, all of the debts and obligations incurred by the [motion picture] media production company in the production of the motion picture in this State.
(b) Be signed by:
(1) A person who is authorized to enter into an agreement on behalf of the [motion picture] media production company; and
(2) The Administrator of the [Division of Motion Pictures or, in a county whose population is 700,000 or more, by the head of the department or agency within that county which is authorized to issue business licenses on behalf of the county.] Nevada Film Office.
κ2021 Statutes of Nevada, Page 329 (CHAPTER 81, AB 69)κ
Sec. 7. 1. Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.
2. Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or agency 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 or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.
Sec. 8. The Legislative Counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, 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.
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. 9. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 330κ
Assembly Bill No. 70Committee on Government Affairs
CHAPTER 82
[Approved: May 25, 2021]
AN ACT relating to state financial administration; revising provisions governing deposits of public money under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires, subject to certain exceptions, the deposit of all public money received by a state officer, department or commission in a designated financial institution on or before Thursday of each week. Under the exceptions in existing law, a state officer, department or commission that accumulates for deposit $10,000 or more on any day is required to make a deposit not later than the next working day, except the Department of Wildlife has 10 working days to make such a deposit. (NRS 353.250) This bill adds another exception in the circumstances in which the Division of Welfare and Supportive Services of the Department of Health and Human Services accumulates for deposit $10,000 or more in child support payments on any day. This bill requires the Division to deposit the money within 2 working days after its accumulation except any of that money for which the Division is unable to identify the obligee within that period is required, within 5 working days after its accumulation, to be: (1) deposited, if the Division is able to identify the obligee; or (2) returned to the payor, if the Division is unable to identify the obligee.
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 353.250 is hereby amended to read as follows:
353.250 1. The State Treasurer shall designate the financial institutions into which money received by a state officer, department or commission must be deposited.
2. Except as otherwise provided in subsections 3 , 4 and [4,] 5, every state officer, department or commission which receives or which may receive any money of the State of Nevada or for its use and benefit shall deposit on or before Thursday of each week, in a financial institution designated by the State Treasurer to the credit of the State Treasurers Account, all money received by that officer, department or commission during the previous week.
3. Except as otherwise provided in [subsection] subsections 4 [,] and 5, if on any day the money accumulated for deposit is $10,000 or more, a deposit must be made not later than the next working day.
4. If the Department of Wildlife accumulates for deposit $10,000 or more on any day, the money must be deposited within 10 working days.
5. Except as otherwise provided in this subsection, if the Division of Welfare and Supportive Services of the Department of Health and Human Services accumulates for deposit $10,000 or more in child support payments on any day, the money must be deposited within 2 working days after its accumulation. Any such money for which the Division is unable to identify the obligee within 2 working days after its accumulation must, within 5 working days after its accumulation, be:
κ2021 Statutes of Nevada, Page 331 (CHAPTER 82, AB 70)κ
(a) Deposited, if the Division is able to identify the obligee.
(b) Returned to the payor, if the Division is unable to identify the obligee.
6. Every officer, department or commission which is required to deposit money with the State Treasurer shall comply with that requirement by depositing the money in a financial institution designated by the State Treasurer to the credit of the State Treasurers Account.
[6.] 7. Every officer, head of any department or commissioner who fails to comply with the provisions of this section is guilty of a misdemeanor in office.
[7.] 8. As used in this section, financial institution means a bank, savings and loan association, savings bank, thrift company or credit union regulated pursuant to title 55 of NRS.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 73Committee on Commerce and Labor
CHAPTER 83
[Approved: May 25, 2021]
AN ACT relating to dietetics; revising provisions relating to licensure to engage in the practice of dietetics; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the licensing and regulation of the practice of dietetics by the State Board of Health. (Chapter 640E of NRS) Existing law requires an application for a license to engage in the practice of dietetics to include written evidence that the applicant meets certain criteria and has completed certain educational requirements and certain training and experience in the practice of dietetics. (NRS 640E.150) Section 1.5 of this bill replaces those existing requirements for an application for such a license with a requirement that an applicant provide evidence that the applicant is a registered dietitian in good standing with the Commission on Dietetic Registration, or its successor organization. (NRS 640E.080) Sections 1, 1.3, 2 and 6.5 of this bill update the names of the national entities for credentialing dieticians and accrediting dietetics education programs.
Existing law authorizes a person who has completed certain educational requirements and certain training and experience in the practice of dietetics, but who has not passed the examination required for licensure, to engage in the practice of dietetics without a license under the direct supervision of a licensed dietitian. (NRS 640E.170) Section 2 of this bill replaces these qualifications for such unlicensed practice of dietetics with the qualification that the person is eligible to take, but has not successfully completed, the Registration Examination for Dietitians administered by the Commission on Dietetic Registration, or its successor organization.
Existing law authorizes the Board to issue a provisional license to engage in the practice of dietetics to an applicant who meets the educational requirements but does not meet all the other qualifications for full licensure. (NRS 640E.180) Section 3 of this bill replaces the qualifications for the issuance of a provisional license with the qualification that an applicant must be eligible to take, but have not successfully completed, the Registration Examination for Dietitians administered by the Commission on Dietetic Registration, or its successor organization.
κ2021 Statutes of Nevada, Page 332 (CHAPTER 83, AB 73)κ
Section 4 of this bill removes a requirement in existing law that a licensed dietitian who fails to submit an application for the renewal of his or her license within 2 years after the date of the expiration of the license must take the Registration Examination for Dietitians before renewing the license. (NRS 640E.220)
Existing law requires the Board to establish by regulation certain fees relating to licensure, including a fee for the examination of an applicant for a license. (NRS 640E.240) Because section 1.5 requires an applicant for a license to be a registered dietitian, for which a prerequisite is successful completion of the Registration Examination for Dietitians, section 5 of this bill removes the requirement that the Board establish a fee for the examination of an applicant for a license. Section 5 also removes the requirement that the Board establish fees for: (1) the late renewal of a license; and (2) the issuance of a duplicate license.
Sections 6 and 7 of this bill make conforming changes as a result of the changes in the requirements for an application for licensure in sections 1.5 and 3.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 640E.080 is hereby amended to read as follows:
640E.080 Registered dietitian means a person who is registered as a dietitian by the Commission on Dietetic Registration [of the Academy of Nutrition and Dietetics.] , or its successor organization.
Sec. 1.3. NRS 640E.090 is hereby amended to read as follows:
640E.090 1. The provisions of this chapter do not apply to:
(a) Any person who is licensed or registered in this State as a physician pursuant to chapter 630, 630A or 633 of NRS, dentist, nurse, dispensing optician, optometrist, occupational therapist, practitioner of respiratory care, physical therapist, podiatric physician, psychologist, marriage and family therapist, chiropractor, athletic trainer, massage therapist, reflexologist, structural integration practitioner, perfusionist, doctor of Oriental medicine in any form, medical laboratory director or technician or pharmacist who:
(1) Practices within the scope of that license or registration;
(2) Does not represent that he or she is a licensed dietitian or registered dietitian; and
(3) Provides nutrition information incidental to the practice for which he or she is licensed or registered.
(b) A student enrolled in an educational program accredited by the [Commission on] Accreditation Council for [Dietetics] Education [of the Academy of] in Nutrition and Dietetics, or its successor organization, if the student engages in the practice of dietetics under the supervision of a licensed dietitian or registered dietitian as part of that educational program.
(c) A registered dietitian employed by the Armed Forces of the United States, the United States Department of Veterans Affairs or any division or department of the Federal Government in the discharge of his or her official duties, including, without limitation, the practice of dietetics or providing nutrition services.
(d) A person who furnishes nutrition information, provides recommendations or advice concerning nutrition, or markets food, food materials or dietary supplements and provides nutrition information, recommendations or advice related to that marketing, if the person does not represent that he or she is a licensed dietitian or registered dietitian. While performing acts described in this paragraph, a person shall be deemed not to be engaged in the practice of dietetics or the providing of nutrition services.
κ2021 Statutes of Nevada, Page 333 (CHAPTER 83, AB 73)κ
performing acts described in this paragraph, a person shall be deemed not to be engaged in the practice of dietetics or the providing of nutrition services.
(e) A person who provides services relating to weight loss or weight control through a program reviewed by and in consultation with a licensed dietitian or physician or a dietitian licensed or registered in another state which has equivalent licensure requirements as this State, as long as the person does not change the services or program without the approval of the person with whom he or she is consulting.
2. As used in this section, nutrition information means information relating to the principles of nutrition and the effect of nutrition on the human body, including, without limitation:
(a) Food preparation;
(b) Food included in a normal daily diet;
(c) Essential nutrients required by the human body and recommended amounts of essential nutrients, based on nationally established standards;
(d) The effect of nutrients on the human body and the effect of deficiencies in or excess amounts of nutrients in the human body; and
(e) Specific foods or supplements that are sources of essential nutrients.
Sec. 1.5. NRS 640E.150 is hereby amended to read as follows:
640E.150 1. An applicant for a license to engage in the practice of dietetics in this State must submit to the Board a completed application on a form prescribed by the Board. The application must include [, without limitation, written] evidence that the applicant [:
(a) Is 21 years of age or older.
(b) Is of good moral character.
(c) Has completed a course of study and holds a bachelors degree or higher in human nutrition, nutrition education, food and nutrition, dietetics, food systems management or an equivalent course of study approved by the Board from a college or university that:
(1) Was accredited, at the time the degree was received, by a regional accreditation body in the United States which is recognized by the Council for Higher Education Accreditation, or its successor organization, and the United States Department of Education; or
(2) Is located in a foreign country if the application includes the documentation required by NRS 640E.160.
(d) Has completed not less than 1,200 hours of training and experience within the United States in the practice of dietetics under the direct supervision of a licensed dietitian, registered dietitian or a person who holds a doctorate degree in human nutrition, nutrition education, food and nutrition, dietetics or food systems management from a college or university that is:
(1) Accredited by a regional accreditation body in the United States which is recognized by the Council for Higher Education Accreditation, or its successor organization, and the United States Department of Education; or
(2) Located in a foreign country if the application includes the documentation required by NRS 640E.160.
(e) Has successfully completed the Registration Examination for Dietitians administered by the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics.
(f) Meets such other reasonable requirements as prescribed by the Board.] is a registered dietitian in good standing.
2. Each applicant must remit the applicable fee required pursuant to this chapter with the application for a license to engage in the practice of dietetics in this State.
κ2021 Statutes of Nevada, Page 334 (CHAPTER 83, AB 73)κ
3. Each applicant shall submit to the Central Repository for Nevada Records of Criminal History two complete sets of fingerprints for submission to the Federal Bureau of Investigation for its report. The Central Repository for Nevada Records of Criminal History shall determine whether the applicant has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 449.174 and immediately inform the Board of whether the applicant has been convicted of such a crime.
Sec. 2. NRS 640E.170 is hereby amended to read as follows:
640E.170 1. A person who [has the education and experience required by NRS 640E.150 but who has not passed the examination required for licensure] is eligible to take, but has not successfully completed, the Registration Examination for Dietitians administered by the Commission on Dietetic Registration, or its successor organization, may engage in the practice of dietetics under the direct supervision of a licensed dietitian who is professionally and legally responsible for the applicants performance.
2. A person shall not engage in the practice of dietetics pursuant to subsection 1 for a period of more than 1 year.
Sec. 3. NRS 640E.180 is hereby amended to read as follows:
640E.180 1. Upon application and payment of the applicable fee required pursuant to this chapter, the Board may grant a provisional license to engage in the practice of dietetics in this State to an applicant who provides evidence to the Board that the applicant [has completed a course of study and holds a bachelors degree or higher in human nutrition, nutrition education, food and nutrition, dietetics, food systems management or an equivalent course of study approved by the Board from a college or university that:
(a) Was accredited, at the time the degree was received, by a regional accreditation body in the United States which is recognized by the Council for Higher Education Accreditation, or its successor organization, and the United States Department of Education; or
(b) Is located in a foreign country if the application includes the documentation required by NRS 640E.160.] is eligible to take, but has not successfully completed, the Registration Examination for Dietitians administered by the Commission on Dietetic Registration, or its successor organization.
2. A provisional license is valid for 1 year after the date of issuance. A provisional license may be renewed for not more than 6 months if the applicant submits evidence satisfactory to the Board for the failure of the applicant to obtain a license to engage in the practice of dietetics during the time the applicant held the provisional license.
3. A person who holds a provisional license may engage in the practice of dietetics only under the supervision of a licensed dietitian.
Sec. 4. NRS 640E.220 is hereby amended to read as follows:
640E.220 1. A license to engage in the practice of dietetics expires 2 years after the date of issuance.
2. The Board may renew a license if the applicant:
(a) Submits a completed written application and the appropriate fee required pursuant to this chapter;
(b) Submits documentation of completion of such continuing training and education as required by regulations adopted by the Board;
(c) Has not committed any act which is grounds for disciplinary action, unless the Board determines that sufficient restitution has been made or the act was not substantially related to the practice of dietetics;
κ2021 Statutes of Nevada, Page 335 (CHAPTER 83, AB 73)κ
(d) Submits information that the credentials of the applicant are in good standing; and
(e) Submits all other information required to complete the renewal.
[3. The Board shall require a licensed dietitian who fails to submit an application for the renewal of his or her license within 2 years after the date of the expiration of the license to take the examination required by NRS 640E.150 before renewing the license.]
Sec. 5. NRS 640E.240 is hereby amended to read as follows:
640E.240 1. The Board shall adopt regulations establishing reasonable fees for:
(a) [The examination of an applicant for a license;
(b)] The issuance of a license;
[(c)] (b) The issuance of a provisional license;
[(d)] (c) The issuance of a temporary license;
[(e)] (d) The renewal of a license;
[(f) The late renewal of a license;
(g)] (e) The reinstatement of a license which has been suspended or revoked; and
[(h) The issuance of a duplicate license or for changing]
(f) Changing the name on a license.
2. The fees established pursuant to subsection 1 must be set in such an amount as to reimburse the Board for the cost of carrying out the provisions of this chapter, except that no such fee may exceed $250.
Sec. 6. NRS 640E.270 is hereby amended to read as follows:
640E.270 1. The Board may deny, refuse to renew, revoke or suspend any license applied for or issued pursuant to this chapter, or take such other disciplinary action against a licensee as authorized by regulations adopted by the Board, upon determining that the licensee:
(a) Is guilty of fraud or deceit in procuring or attempting to procure a license pursuant to this chapter.
(b) Is guilty of any offense:
(1) Involving moral turpitude; or
(2) Relating to the qualifications, functions or duties of a licensee.
(c) Uses any controlled substance, dangerous drug as defined in chapter 454 of NRS, or intoxicating liquor to an extent or in a manner which is dangerous or injurious to any other person or which impairs his or her ability to conduct the practice authorized by the license.
(d) Is guilty of unprofessional conduct, which includes, without limitation:
(1) [Impersonating an applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license.
(2)] Impersonating another licensed dietitian.
[(3)] (2) Permitting or allowing another person to use his or her license to engage in the practice of dietetics.
[(4)] (3) Repeated malpractice, which may be evidenced by claims of malpractice settled against the licensee.
[(5)] (4) Physical, verbal or psychological abuse of a patient.
[(6)] (5) Conviction for the use or unlawful possession of a controlled substance or dangerous drug as defined in chapter 454 of NRS.
(e) Has willfully or repeatedly violated any provision of this chapter.
(f) Is guilty of aiding or abetting any person in violating any provision of this chapter.
κ2021 Statutes of Nevada, Page 336 (CHAPTER 83, AB 73)κ
(g) Has been disciplined in another state in connection with the practice of dietetics or has committed an act in another state which would constitute a violation of this chapter.
(h) Has engaged in conduct likely to deceive, defraud or endanger a patient or the general public.
(i) Has willfully failed to comply with a regulation, subpoena or order of the Board.
2. In addition to any criminal or civil penalty that may be imposed pursuant to this chapter, the Board may assess against and collect from a licensee all costs incurred by the Board in connection with any disciplinary action taken against the licensee, including, without limitation, costs for investigators and stenographers, attorneys fees and other costs of the hearing.
3. For the purposes of this section, a plea or verdict of guilty or guilty but mentally ill or a plea of nolo contendere constitutes a conviction of an offense. The Board may take disciplinary action pending the appeal of a conviction.
Sec. 6.5. NRS 640E.290 is hereby amended to read as follows:
640E.290 1. If any member of the Board or a Dietitian Advisory Group established pursuant to NRS 640E.130 becomes aware of any ground for initiating disciplinary action against a licensee, the member shall file an administrative complaint with the Board.
2. As soon as practical after receiving an administrative complaint, the Board shall:
(a) Notify the licensee in writing of the charges against him or her, accompanying the notice with a copy of the administrative complaint; and
(b) Forward a copy of the complaint to the Commission on Dietetic Registration , [of the Academy of Nutrition and Dietetics] or its successor organization , for investigation of the complaint and request a written report of the findings of the investigation or, to the extent money is available to do so, conduct an investigation of the complaint to determine whether the allegations in the complaint merit the initiation of disciplinary proceedings against the licensee.
3. Written notice to the licensee may be served by delivering it personally to the licensee, or by mailing it by registered or certified mail to the last known residential address of the licensee.
4. If the licensee, after receiving a copy of the administrative complaint pursuant to subsection 1, submits a written request, the Board shall furnish the licensee with a copy of each communication, report and affidavit in the possession of the Board which relates to the matter in question.
5. If, after an investigation conducted by the Board or receiving the findings from an investigation of the complaint from the Commission on Dietetic Registration , [of the Academy of Nutrition and Dietetics] or its successor organization, the Board determines that the administrative complaint is valid, the Board shall hold a hearing on the charges at such time and place as the Board prescribes. If the Board receives a report pursuant to subsection 5 of NRS 228.420, the hearing must be held within 30 days after receiving the report. If requested by the licensee, the hearing must be held within the county in which the licensee resides.
Sec. 7. NRS 439.537, 640E.160 and 640E.210 are hereby repealed.
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κ2021 Statutes of Nevada, Page 337κ
Assembly Bill No. 96Assemblywoman Cohen
CHAPTER 84
[Approved: May 25, 2021]
AN ACT relating to emergency medical services; authorizing a governmental entity which licenses and regulates emergency response employees to enter into a contract with a nonprofit organization to establish a program to provide peer support counseling to emergency response employees who are experiencing mental health issues as a result of the nature of their work; prescribing requirements for such a program; imposing certain duties on the Division of Public and Behavioral Health of the Department of Health and Human Services relating to the mental health issues experienced by emergency response employees; expanding the applicability of certain provisions relating to emergency response employees to emergency medical dispatchers and law enforcement dispatchers; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prescribes certain requirements relating to employers of emergency response employees. (NRS 450B.340-450B.390) Existing law defines the term emergency response employee to include persons who perform certain duties or who respond to emergencies in this State. (NRS 450B.0703)
Section 6 of this bill authorizes a governmental entity which licenses and regulates emergency response employees, within the limits of available money, to enter into a contract with a nonprofit organization to establish a program to provide peer support counseling to emergency response employees. Section 6 requires a nonprofit organization that establishes such a program to: (1) establish and operate a toll-free hotline for emergency response employees who are experiencing mental health issues as a result of the nature of their work; (2) establish and maintain a network of peer support counselors to provide peer support counseling to persons who call the hotline; and (3) establish and maintain an Internet website that provides certain information relating to mental health issues associated with emergency response work. Section 6 requires the Division of Public and Behavioral Health of the Department of Health and Human Services to post on an Internet website maintained by the Division certain information concerning support groups for mental health issues and the telephone number of each toll-free hotline established as part of a program to provide peer support counseling to emergency response employees. Section 6 also requires the Division, to the extent money is available, to: (1) collect information regarding suicide and attempted suicide among emergency response employees; and (2) report any information collected to the Chief Medical Officer. Section 11.5 of this bill expands the types of employees to whom certain provisions of law relating to emergency response employees, including section 6, apply to include emergency medical dispatchers and law enforcement dispatchers.
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 450B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Secs. 2-5. (Deleted by amendment.)
κ2021 Statutes of Nevada, Page 338 (CHAPTER 84, AB 96)κ
Sec. 6. 1. A governmental entity which licenses and regulates emergency response employees may, within the limits of available money, enter into a contract with a nonprofit organization to establish a program to provide peer support counseling to emergency response employees.
2. A nonprofit organization that establishes a program to provide peer support counseling to emergency response employees pursuant to subsection 1 must:
(a) Establish and operate a toll-free hotline for emergency response employees to call if such employees are experiencing mental health issues as a result of the nature of their work.
(b) Establish and maintain a network of peer support counselors to provide peer support counseling to persons who call the toll-free hotline established pursuant to paragraph (a).
(c) Establish and maintain an Internet website that provides:
(1) Information on mental health issues associated with emergency response work, including, without limitation, stress, post-traumatic stress disorder, depression, addictive disorders and self-medication; and
(2) Information concerning local and national support groups for mental health issues.
3. The Division shall post on an Internet website maintained by the Division:
(a) The telephone number of each toll-free hotline established pursuant to subsection 2; and
(b) Information concerning local and national support groups for mental health issues.
4. To the extent money is available, the Division shall collect information regarding suicide and attempted suicide among emergency response employees and report that information to the Chief Medical Officer or his or her designee. Such a report must not include any confidential or privileged information.
Secs. 7-11. (Deleted by amendment.)
Sec. 11.5. NRS 450B.0703 is hereby amended to read as follows:
450B.0703 Emergency response employee means a firefighter, attendant, volunteer attendant, emergency medical technician, advanced emergency medical technician, emergency medical dispatcher, paramedic, law enforcement officer, correctional officer, other peace officer or person who is employed by an agency of criminal justice, including, without limitation, a law enforcement dispatcher, county coroner or medical examiner or any of their employees, any other public employee whose duties may require him or her to come into contact with human blood or bodily fluids or any other person who, in the course of his or her professional duties, responds to emergencies in this State.
Sec. 12. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 339κ
Assembly Bill No. 119Assemblywomen Thomas, Monroe-Moreno, Summers-Armstrong, Brittney Miller, Titus; Anderson, Benitez-Thompson, Bilbray-Axelrod, Carlton, Cohen, Considine, Gonzαlez, Gorelow, Krasner, Marzola, Nguyen and Peters
Joint Sponsors: Senators Neal, Scheible and D. Harris
CHAPTER 85
[Approved: May 25, 2021]
AN ACT relating to maternal health; revising the duties of the Maternal Mortality Review Committee; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Maternal Mortality Review Committee and requires the Committee to perform certain duties relating to studying and recommending measures to reduce maternal mortality. (NRS 442.751-442.774) This bill requires the Committee, within the limits of available resources, to: (1) identify and review disparities in the incidence of maternal mortality in this State; and (2) include a summary of those disparities in the report required by existing law to be submitted to the Director of the Legislative Counsel Bureau for transmittal to each regular session of the Legislature. This bill also requires the Maternal Mortality Review Committee to collaborate with the Advisory Committee of the Office of Minority Health and Equity of the Department of Health and Human Services in the development of the report.
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 442.767 is hereby amended to read as follows:
442.767 1. The Committee shall:
(a) Identify and review each incident of maternal mortality in this State, regardless of the cause of death. Such a review must include, without limitation and to the extent that such records exist, a review of relevant medical records, birth and death certificates, records of an autopsy, records created by a medical facility or provider of emergency medical services, records of a social services agency, mental health records and records of a law enforcement agency described in NRS 442.774.
(b) Use the Maternal Mortality Review Information Application developed by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services or, if that application ceases to exist, a similar application designated by the Director, to conduct reviews pursuant to paragraph (a).
(c) Within the limits of available resources [, review] :
(1) Review incidents and trends in severe maternal morbidity in this State.
(2) Identify and review disparities in the incidence of maternal mortality in this State by analyzing:
κ2021 Statutes of Nevada, Page 340 (CHAPTER 85, AB 119)κ
(I) The race, ethnicity and age of mothers who experience maternal mortality;
(II) The geographic region of the residence of mothers who experience maternal mortality; and
(III) Any other variables identified by the Committee.
(d) Based on the reviews conducted pursuant to paragraphs (a) and (c), develop recommendations to prevent maternal mortality and severe maternal morbidity and disseminate findings and recommendations to providers of health care, medical facilities, other interested persons and entities and the public.
(e) On or before April 1 of each year, compile and publish on an Internet website operated by the Department a report that consists of data concerning maternal mortality and severe maternal morbidity in this State during the immediately preceding year. Such data must be aggregated and presented in a manner that does not allow for the identification of any person.
(f) On or before December 31 of each even-numbered year and in collaboration with the Advisory Committee of the Office of Minority Health and Equity of the Department and the Chief Medical Officer, develop and submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a report that includes, without limitation:
(1) A description of the incidents of maternal mortality and severe maternal morbidity reviewed pursuant to [paragraphs] paragraph (a) and subparagraph (1) of paragraph (c), respectively, during the immediately preceding 24 months, provided in a manner that does not allow for the identification of any person;
(2) A summary of the disparities identified and reviewed pursuant to subparagraph (2) of paragraph (c);
(3) Plans for corrective action to reduce maternal mortality and severe maternal morbidity in this State; and
[(3)] (4) Recommendations for any legislation or other changes to policy to reduce maternal mortality and severe maternal morbidity or otherwise improve the delivery of health care in this State.
2. The Advisory Committee of the Office of Minority Health and Equity may not access any information deemed as confidential pursuant to NRS 442.774 while collaborating with the Committee in the development of the report pursuant to paragraph (f) of subsection 1.
3. As used in this section, medical facility has the meaning ascribed to it in NRS 449.0151.
Sec. 2. 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. 3. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 341κ
Assembly Bill No. 157Assemblymen Monroe-Moreno, Brittney Miller, C.H. Miller; Anderson, Bilbray-Axelrod, Brown-May, Cohen, Considine, Duran, Flores, Gonzαlez, Gorelow, Marzola, Orentlicher, Peters, Roberts, Summers-Armstrong, Thomas, Torres, Watts and Yeager
Joint Sponsors: Senators D. Harris and Brooks
CHAPTER 86
[Approved: May 25, 2021]
AN ACT relating to civil liability; authorizing a person who is the victim of certain discriminatory conduct relating to an incident involving a peace officer to bring a civil action under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that if a person commits certain crimes because of a victims actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression: (1) the person who committed the crime is subject to an additional penalty; (2) unless a greater penalty is provided by law, the person who committed the crime is guilty of a gross misdemeanor; and (3) a person injured by the crime may bring a civil action against the person who committed the crime. (NRS 41.690, 193.1675, 207.185) Existing law also provides that a public agency may bring a civil action to recover the expense of an emergency response by the public agency against any person who knowingly: (1) makes a false report to a public agency that a felony or misdemeanor has been committed or that an emergency exists; or (2) creates the false appearance that a felony or misdemeanor has been committed or that an emergency exists, and that false appearance causes a false report to be made to a public agency that a felony or misdemeanor has been committed or that an emergency exists. (NRS 41.508)
This bill authorizes a person to bring a civil action for damages if another person, without reasonable cause and because of the actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of the person, knowingly causes a peace officer to respond to a location with the intent to: (1) infringe on the constitutional rights of the person; (2) cause the person to feel harassed, humiliated or embarrassed; (3) cause the person to be removed from a location where he or she is lawfully located; or (4) damage the reputation or economic interests of the person.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, There have been numerous incidents across the country in which a person has, apparently because of his or her prejudice concerning the actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of another person, contacted a law enforcement agency to report innocuous behavior by another person as suspicious or to falsely report that the other person has committed a crime; and
Whereas, These unjust incidents cause serious harm to the person who is the victim of this type of discrimination and waste the finite time and resources of law enforcement agencies; and
κ2021 Statutes of Nevada, Page 342 (CHAPTER 86, AB 157)κ
Whereas, Such misuse of law enforcement agencies to discriminate against members of our communities creates distrust of peace officers, law enforcement agencies and the criminal justice system; and
Whereas, The creation of a specific, targeted remedy for persons who are victimized by this type of discrimination will assist in rebuilding trust in peace officers, law enforcement agencies and the criminal justice system; and
Whereas, It is not the intent of this act or the Legislature to discourage sincere persons who are not motivated by prejudice from contacting law enforcement agencies when crimes have actually been committed, emergencies actually exist or behavior is actually suspicious and requires a response by a peace officer; and
Whereas, It is the intent of this act and the Legislature to provide to persons who are victimized by this type of discrimination a specific, effective, targeted, statutory remedy to receive, at a minimum, monetary compensation for the injuries that they have suffered; now therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person may bring a civil action for damages against any person who, without reasonable cause and because of the actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of another person, knowingly causes a peace officer to arrive at a location to contact that other person with the intent to:
(a) Infringe on the constitutional rights of the person under the Nevada Constitution or the United States Constitution;
(b) Cause the person to feel harassed, humiliated or embarrassed;
(c) Cause the person to be expelled from a place where he or she is lawfully located; or
(d) Damage the reputation or economic interests of the person.
2. Upon prevailing in a civil action brought pursuant to this section, the person bringing the civil action may recover:
(a) The greater of:
(1) Compensatory damages, including, without limitation, damages for emotional distress; or
(2) Statutory damages of $1,000 for each act that gives rise to liability pursuant to this section;
(b) Any punitive damages that the facts may warrant; and
(c) Costs and reasonable attorneys fees incurred in bringing the action.
3. A civil action may be brought against a person pursuant to this section regardless of whether the person has been convicted of any crime based upon the same facts and circumstances giving rise to liability pursuant to this section.
4. The remedy under this section is not exclusive and does not abrogate any other remedy available under the laws of this State.
5. As used in this section, peace officer means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
κ2021 Statutes of Nevada, Page 343 (CHAPTER 86, AB 157)κ
Sec. 2. The amendatory provisions of section 1 of this act apply to a cause of action that accrues on or after October 1, 2021, based upon acts that occurred on or after October 1, 2021.
________
Assembly Bill No. 171Committee on Natural Resources
CHAPTER 87
[Approved: May 25, 2021]
AN ACT relating to natural resources; providing certain protections for a certain population of Rocky Mountain junipers; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, it is unlawful to cut, destroy, mutilate, pick or remove any flora on any: (1) private lands without a written permit from the owner, occupant or authorized agent of the owner or occupant; or (2) state lands under the jurisdiction of the Division of State Parks of the State Department of Conservation and Natural Resources except in accordance with regulations of the Division. (NRS 527.050) Further, no flora on the list of fully protected species may be removed or destroyed from any other land except pursuant to a special permit issued by the State Forester Firewarden. (NRS 527.050, 527.270) Section 1 of this bill declares that it is the policy of this State to protect the Spring Valley population of Rocky Mountain junipers, known as swamp cedars, that occur in White Pine County within the Bahsahwahbee Traditional Cultural Property. Sections 1 and 2 of this bill make it unlawful for any swamp cedar within that property to willfully or negligently be cut, destroyed, mutilated or removed without first obtaining a special permit from the State Forester Firewarden.
Section 2 also revises the existing exemption for Indians native to Nevada who gather flora for certain reasons to remove the requirement that such Indians be native to Nevada.
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 527 of NRS is hereby amended by adding thereto a new section to read as follows:
1. It is hereby declared to be the policy of the State of Nevada to protect the Spring Valley population of Rocky Mountain junipers (Juniperus scopulorum), known as swamp cedars, that occur in White Pine County within the Bahsahwahbee Traditional Cultural Property as such swamp cedars are a rare occurrence of low-elevation Rocky Mountain junipers and are considered sacred by certain Native American tribes in the State.
2. It is unlawful for any person, firm, company or corporation, his, her, its or their agent or agents, willfully or negligently to cut, destroy, mutilate or remove any swamp cedar described in subsection 1 without first obtaining a special permit from the State Forester Firewarden and complying with any other applicable requirements set forth in NRS 527.050.
κ2021 Statutes of Nevada, Page 344 (CHAPTER 87, AB 171)κ
3. Except as otherwise provided in this subsection, the State Forester Firewarden may adopt regulations necessary to carry out the provisions of this section. The State Forester Firewarden may not charge a fee for a special permit to cut, destroy, mutilate or remove any swamp cedar described in subsection 1.
Sec. 2. NRS 527.050 is hereby amended to read as follows:
527.050 1. It is unlawful for any person, firm, company or corporation, his, her, its or their agent or agents, willfully or negligently:
(a) To cut, destroy, mutilate, pick or remove any tree, shrub, plant, fern, wild flower, cacti, desert or montane flora, or any seeds, roots or bulbs of either or any of the foregoing from any private lands, without obtaining:
(1) A written permit therefor from the owner or occupant or the duly authorized agent of the owner or occupant; and
(2) If the flora [has] :
(I) Has been placed on the list of fully protected species pursuant to NRS 527.270, a special permit [from] issued by the State Forester Firewarden [.] pursuant to NRS 527.270; and
(II) Is a swamp cedar described in section 1 of this act, a special permit issued by the State Forester Firewarden pursuant to section 1 of this act.
(b) To cut, destroy, mutilate, pick or remove any flora on any state lands under the jurisdiction of the Division of State Parks of the State Department of Conservation and Natural Resources without:
(1) Complying with regulations of the Division of State Parks; and
(2) If the flora [has] :
(I) Has been placed on the list of fully protected species pursuant to NRS 527.270, obtaining a special permit [from] issued by the State Forester Firewarden [.] pursuant to NRS 527.270; and
(II) Is a swamp cedar described in section 1 of this act, a special permit issued by the State Forester Firewarden pursuant to section 1 of this act.
(c) To cut, destroy, mutilate, pick or remove any flora [that has been placed on the list of fully protected species pursuant to NRS 527.270] from any lands within the State of Nevada not otherwise described in paragraphs (a) and (b) without obtaining :
(1) If the flora has been placed on the list of fully protected species pursuant to NRS 527.270, a special permit [from] issued by the State Forester Firewarden [.] pursuant to NRS 527.270; and
(2) If the flora is a swamp cedar described in section 1 of this act, a special permit issued by the State Forester Firewarden pursuant to section 1 of this act.
Κ For the purposes of this subsection, the State Forester Firewarden may establish regulations for enforcement, including the issuance of collecting permits and the designation of state and federal agencies from which such permits may be obtained.
2. Every person violating the provisions of this section is guilty of a public offense proportionate to the value of the plants, flowers, trees, seeds, roots or bulbs cut, destroyed, mutilated, picked or removed, and in no event less than a misdemeanor.
3. The State Forester Firewarden and his or her representatives, public officials charged with the administration of reserved and unreserved lands belonging to the United States, and peace officers shall enforce the provisions of this section.
κ2021 Statutes of Nevada, Page 345 (CHAPTER 87, AB 171)κ
4. Except as to flora that has been placed on the list of fully protected species of native flora pursuant to NRS 527.270 or as to flora on state park lands regulated by the Division of State Parks, the provisions of this section do not apply to Indians [, native to Nevada,] who gather any such article for food or for medicinal [use for themselves or for any other person being treated by Indian religious ceremony.] or ceremonial use.
Sec. 3. This act becomes effective on July 1, 2021.
________
Assembly Bill No. 188Committee on Growth and Infrastructure
CHAPTER 88
[Approved: May 25, 2021]
AN ACT relating to special license plates; abolishing the Commission on Special License Plates and transferring the duties and authorities of the Commission to the Department of Motor Vehicles; requiring the Department to hold public meetings and comply with certain notice requirements for such public meetings before approving or disapproving an application for the design, preparation and issuance of a special license plate; requiring the Legislative Auditor to compile certain reports and submit such reports to the Department and the Director of the Legislative Counsel Bureau for transmittal to the Legislature or Legislative Commission, as applicable; transferring certain duties and authorities relating to certain actions concerning charitable organizations from the Commission to the Department; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Commission on Special License Plates and requires the Commission to recommend to the Department of Motor Vehicles whether to approve or disapprove: (1) applications for the design, preparation and issuance of special license plates; (2) the issuance by the Department of special license plates that have been designed and prepared by the Department; and (3) applications for the design, preparation and issuance of special license plates that have been authorized by an act of the Legislature. When making such recommendations, existing law requires the Commission to consider whether it would be appropriate and feasible for the Department to design, prepare or issue the particular special license plate. Existing law requires the Commission to: (1) compile a list of each special license plate which the Commission, during the immediately preceding fiscal year, recommended that the Department approve; and (2) recommend that the Department approve or disapprove any proposed change in the distribution of money received through certain means. (NRS 482.367004) Section 17 of this bill abolishes the Commission. Sections 1-16 of this bill transfer the duties and authorities of the Commission to the Department.
Section 1 of this bill requires the Department to hold a public meeting before determining whether to approve or disapprove: (1) an application for the design, preparation and issuance of a special license plate; and (2) an application for the design, preparation and issuance of a special license plate that has been authorized by an act of the Legislature. When making such determinations, section 1 requires the Department to consider whether it would be appropriate and feasible for the Department to design, prepare and issue the particular license plate. Section 1 requires the Department to comply with certain notice requirements before holding such a public meeting.
κ2021 Statutes of Nevada, Page 346 (CHAPTER 88, AB 188)κ
such a public meeting. Section 1 authorizes the Department to design and prepare a special license plate if the Department: (1) determines that the application complies with certain requirements; and (2) approves the application for the special license plate after holding the public meeting. Section 1 authorizes the Department to issue a special license plate that: (1) the Department has designed and prepared; and (2) complies with the requirements for the issuance of license plates in general. Section 1 requires the Department to annually: (1) compile a list of each special license plate which the Department designed and prepared or determined to issue during the immediately preceding fiscal year; and (2) compile and submit a report that contains certain information relating to special reports to the Director of the Legislative Counsel Bureau for transmittal to the Legislature if the Legislature is in session, or to the Legislative Commission, if the Legislature is not in session.
Existing law establishes the procedure regarding certain determinations that the Commission is required to make relating to charitable organizations that receive additional fees from special license plates. (NRS 482.382765-482.38279) Sections 8-13 transfer these duties to the Department.
Section 9 of this bill requires certain charitable organizations that receive certain fees to, on or before September 1 of each fiscal year, prepare a balance sheet for the immediately preceding fiscal year and file the balance sheet with the Legislative Auditor. Section 9 additionally provides that the Legislative Auditor shall require that certain information be provided by such charitable organizations and may request certain other information. Sections 10 and 11 of this bill require the Legislative Auditor to present certain final written reports to the Department and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature if the Legislature is in session, or to the Legislative Commission, if the Legislature is not in session, instead of the Commission on Special License Plates.
Existing law requires the Commission to notify a charitable organization if the charitable organization has failed to comply with certain provisions or standards relating to the finances of the organization. If the Commission decides to uphold its own determination that a charitable organization has failed to comply with the provisions or standards, the Commission is required to issue its decision in writing and may recommend that the Department take certain actions regarding the collection of additional fees or production of the particular design of special license plate. (NRS 482.38279) Section 13 of this bill transfers such duties of the Commission to the Department.
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 482.367002 is hereby amended to read as follows:
482.367002 1. A person may request that the Department design, prepare and issue a special license plate by submitting an application to the Department. A person may submit an application for a special license plate that is intended to generate financial support for an organization only if:
(a) For an organization which is not a governmental entity, the organization is established as a nonprofit charitable organization which provides services to the community relating to public health, education or general welfare;
(b) For an organization which is a governmental entity, the organization only uses the financial support generated by the special license plate for charitable purposes relating to public health, education or general welfare;
(c) The organization is registered with the Secretary of State, if registration is required by law, and has filed any documents required to remain registered with the Secretary of State;
κ2021 Statutes of Nevada, Page 347 (CHAPTER 88, AB 188)κ
(d) The name and purpose of the organization do not promote, advertise or endorse any specific product, brand name or service that is offered for profit;
(e) The organization is nondiscriminatory; and
(f) The license plate will not promote a specific religion, faith or antireligious belief.
2. An application submitted to the Department pursuant to subsection 1:
(a) Must be on a form prescribed and furnished by the Department;
(b) Must specify whether the special license plate being requested is intended to generate financial support for a particular cause or charitable organization and, if so:
(1) The name of the cause or charitable organization; and
(2) Whether the financial support intended to be generated for the particular cause or charitable organization will be for:
(I) General use by the particular cause or charitable organization; or
(II) Use by the particular cause or charitable organization in a more limited or specific manner;
(c) Must include the name and signature of a person who represents:
(1) The organization which is requesting that the Department design, prepare and issue the special license plate; and
(2) If different from the organization described in subparagraph (1), the cause or charitable organization for which the special license plate being requested is intended to generate financial support;
(d) Must include proof that the organization satisfies the requirements set forth in subsection 1;
(e) Must be accompanied by a surety bond posted with the Department in the amount of $5,000, except that if the special license plate being requested is one of the type described in subsection 3 of NRS 482.367008, the application must be accompanied by a surety bond posted with the Department in the amount of $20,000;
(f) Must, if the organization is a charitable organization, not including a governmental entity whose budget is included in the executive budget, include a budget prepared by or for the charitable organization which includes, without limitation, the proposed operating and administrative expenses of the charitable organization; and
(g) May be accompanied by suggestions for the design of and colors to be used in the special license plate.
3. If an application for a special license plate has been submitted pursuant to this section but the Department has not yet designed, prepared or issued the plate, the applicant shall amend the application with updated information when any of the following events take place:
(a) The name of the organization that submitted the application has changed since the initial application was submitted.
(b) The cause or charitable organization for which the special license plate being requested is intended to generate financial support has a different name than that set forth on the initial application.
(c) The cause or charitable organization for which the special license plate being requested is intended to generate financial support is different from that set forth on the initial application.
(d) A charitable organization which submitted a budget pursuant to paragraph (f) of subsection 2 prepares or has prepared a new or subsequent budget.
κ2021 Statutes of Nevada, Page 348 (CHAPTER 88, AB 188)κ
Κ The updated information described in this subsection must be submitted to the Department within 90 days after the relevant change takes place, unless the applicant has received notice that the special license plate is on an agenda to be heard at a public meeting of the [Commission on Special License Plates,] Department held pursuant to subsection 4, in which case the updated information must be submitted to the Department within 48 hours after the applicant receives such notice. The updating of information pursuant to this subsection does not alter, change or otherwise affect the issuance of special license plates by the Department in accordance with the chronological order of their authorization or approval, as described in subsection 2 of NRS 482.367008.
4. The Department shall hold a public meeting before determining whether to approve or disapprove:
(a) An application for the design, preparation and issuance of a special license plate that is submitted to the Department pursuant to subsection 1; and
(b) Except as otherwise provided in subsection 6, an application for the design, preparation and issuance of a special license plate that has been authorized by an act of the Legislature after January 1, 2007.
Κ In determining whether to approve such an application, the Department shall consider, without limitation, whether it would be appropriate and feasible for the Department to design, prepare and issue the particular special license plate. The Department shall consider each application in the chronological order in which the application was received by the Department.
5. Before holding a public meeting pursuant to subsection 4, the Department shall:
(a) At least 30 days before the public meeting is held, notify:
(1) The person who requested the special license plate pursuant to subsection 1; and
(2) The charitable organization for which the special license plate is intended to generate financial support, if any; and
(b) Post a notice of the public meeting that complies with chapter 241 of NRS.
6. The provisions of paragraph (b) of subsection 4 do not apply with regard to special license plates that are issued pursuant to NRS 482.3746, 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787, 482.37901, 482.37902, 482.37906, 482.3791, 482.3794 or 482.3817.
7. The Department may design and prepare a special license plate requested pursuant to subsection 1 if [:
(a) The] the Department [determines] :
(a) Determines that the application for that plate complies with subsection 2; and
(b) [The Commission on Special License Plates recommends to the Department that the Department approve] Approves the application for that plate [pursuant to subsection 5 of NRS 482.367004.
5.] after holding the public meeting required pursuant to subsection 4.
8. Except as otherwise provided in NRS 482.367008, the Department may issue a special license plate that:
(a) The Department has designed and prepared pursuant to subsection 7; and
(b) Complies with the requirements of subsection 6 of NRS 482.270,
κ2021 Statutes of Nevada, Page 349 (CHAPTER 88, AB 188)κ
Κ for any passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with a special license plate issued pursuant to this section if that person pays the fees for personalized prestige license plates in addition to the fees for the special license plate.
9. Upon making a determination to issue a special license plate pursuant to [this section,] subsection 8, the Department shall notify:
(a) The person who requested the special license plate pursuant to subsection 1; and
(b) The charitable organization for which the special license plate is intended to generate financial support, if any . [; and
(c) The Commission on Special License Plates.
6. Except as otherwise provided in NRS 482.367008, the Department may issue a special license plate that:
(a) The Department has designed and prepared pursuant to this section;
(b) The Commission on Special License Plates has recommended the Department approve for issuance pursuant to subsection 5 of NRS 482.367004; and
(c) Complies with the requirements of subsection 6 of NRS 482.270,
Κ for any passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with a special license plate issued pursuant to this section if that person pays the fees for personalized prestige license plates in addition to the fees for the special license plate.
7.] 10. The Department must promptly release the surety bond posted pursuant to subsection 2:
(a) If the Department determines not to issue the special license plate;
(b) If the Department distributes the additional fees collected on behalf of a charitable organization to another charitable organization pursuant to subparagraph (3) of paragraph (b) of subsection 5 of NRS 482.38279 and the surety bond has not been released to the initial charitable organization; or
(c) If it is determined that at least 1,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008, except that if the special license plate is one of the type described in subsection 3 of NRS 482.367008, the Department must promptly release the surety bond posted pursuant to subsection 2 if it is determined that at least 3,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008.
[8.] 11. If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or
κ2021 Statutes of Nevada, Page 350 (CHAPTER 88, AB 188)κ
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
12. On or before September 1 of each fiscal year, the Department shall compile a list of each special license plate the Department, during the immediately preceding fiscal year, has designed and prepared pursuant to subsection 7 or has issued pursuant to subsection 8. The list must set forth, for each such plate, the cause or charitable organization for which the special license plate generates or would generate financial support, and the intended use to which the financial support is being put or would be put. The Department shall make that information available on its Internet website.
13. On or before January 31 of each year, the Department shall:
(a) Compile a report that contains information detailing:
(1) The requests submitted pursuant to subsection 1;
(2) The list compiled pursuant to subsection 12 for the immediately preceding fiscal year;
(3) Any special license plates that the Department will no longer issue pursuant to NRS 482.367008;
(4) The results of any activities conducted pursuant to NRS 482.38272 to 482.38279, inclusive; and
(5) Any actions taken by the Department pursuant to subsections 4 and 5 of NRS 482.38279; and
(b) Submit the report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature, if the Legislature is in session, or to the Legislative Commission, if the Legislature is not in session.
Sec. 2. NRS 482.367008 is hereby amended to read as follows:
482.367008 1. As used in this section, special license plate means:
(a) A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application described in that section;
(b) A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37905, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938, 482.37939, 482.37945 or 482.37947; and
(c) Except for a license plate that is issued pursuant to NRS 482.3746, 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787, 482.37901, 482.37902, 482.37906, 482.3791, 482.3794 or 482.3817, a license plate that is approved by the Legislature after July 1, 2005.
2. Notwithstanding any other provision of law to the contrary, and except as otherwise provided in subsection 3, the Department shall not, at any one time, issue more than 30 separate designs of special license plates. Whenever the total number of separate designs of special license plates issued by the Department at any one time is less than 30, the Department shall issue a number of additional designs of special license plates that have been authorized by an act of the Legislature or the application for which has been [recommended by the Commission on Special License Plates to be] approved by the Department pursuant to [subsection 5 of] NRS [482.367004,] 482.367002, not to exceed a total of 30 designs issued by the Department at any one time. Such additional designs must be issued by the Department in accordance with the chronological order of their authorization or approval by the Department.
κ2021 Statutes of Nevada, Page 351 (CHAPTER 88, AB 188)κ
3. In addition to the special license plates described in subsection 2, the Department may issue not more than five separate designs of special license plates in excess of the limit set forth in that subsection. To qualify for issuance pursuant to this subsection:
(a) The [Commission on Special License Plates must have recommended to the] Department [that the Department] must approve the design, preparation and issuance of the special plates as described in [paragraphs (a) and (b) of subsection 5 of] NRS [482.367004;] 482.367002; and
(b) The special license plates must have been applied for, designed, prepared and issued pursuant to NRS 482.367002, except that:
(1) The application for the special license plates must be accompanied by a surety bond posted with the Department in the amount of $20,000; and
(2) Pursuant to the assessment of the viability of the design of the special license plates that is conducted pursuant to this section, it is determined that at least 3,000 special license plates have been issued.
4. Except as otherwise provided in this subsection, on October 1 of each year the Department shall assess the viability of each separate design of special license plate that the Department is currently issuing by determining the total number of validly registered motor vehicles to which that design of special license plate is affixed. The Department shall not determine the total number of validly registered motor vehicles to which a particular design of special license plate is affixed if:
(a) The particular design of special license plate was designed and prepared by the Department pursuant to NRS 482.367002; and
(b) On October 1, that particular design of special license plate has been available to be issued for less than 12 months.
5. If, on October 1, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:
(a) In the case of special license plates not described in subsection 3, less than 1,000; or
(b) In the case of special license plates described in subsection 3, less than 3,000,
Κ the Director shall provide notice of that fact in the manner described in subsection 6.
6. The notice required pursuant to subsection 5 must be provided:
(a) If the special license plate generates financial support for a cause or charitable organization, to that cause or charitable organization.
(b) If the special license plate does not generate financial support for a cause or charitable organization, to an entity which is involved in promoting the activity, place or other matter that is depicted on the plate.
7. If, on December 31 of the same year in which notice was provided pursuant to subsections 5 and 6, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:
(a) In the case of special license plates not described in subsection 3, less than 1,000; or
(b) In the case of special license plates described in subsection 3, less than 3,000,
Κ the Director shall, notwithstanding any other provision of law to the contrary, issue an order providing that the Department will no longer issue that particular design of special license plate. Except as otherwise provided in subsection 2 of NRS 482.265, such an order does not require existing holders of that particular design of special license plate to surrender their plates to the Department and does not prohibit those holders from renewing those plates.
κ2021 Statutes of Nevada, Page 352 (CHAPTER 88, AB 188)κ
Sec. 3. NRS 482.36705 is hereby amended to read as follows:
482.36705 1. Except as otherwise provided in subsection 2:
(a) If a new special license plate is authorized by an act of the Legislature after January 1, 2003, other than a special license plate that is authorized pursuant to NRS 482.379375, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Department receives at least 1,000 applications for the issuance of that plate within 2 years after the effective date of the act of the Legislature that authorized the plate.
(b) In addition to the requirements set forth in paragraph (a), if a new special license plate is authorized by an act of the Legislature after July 1, 2005, the Legislature will direct that the license plate not be issued by the Department unless its issuance complies with subsection 2 of NRS 482.367008.
(c) In addition to the requirements set forth in paragraphs (a) and (b), if a new special license plate is authorized by an act of the Legislature after January 1, 2007, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the [Commission on Special License Plates recommends to the Department that the] Department [approve] approves the application for the authorized plate pursuant to NRS [482.367004.] 482.367002.
2. The provisions of subsection 1 do not apply with regard to special license plates that are issued pursuant to NRS 482.3746, 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787, 482.37901, 482.37902, 482.37906, 482.3791, 482.3794 or 482.3817.
Sec. 4. NRS 482.37904 is hereby amended to read as follows:
482.37904 1. Except as otherwise provided in subsection 2, the Department, in conjunction with the Ice Age Park Foundation or its successor, shall design, prepare and issue license plates which indicate support for Tule Springs State Park, using any colors that the Department deems appropriate.
2. The Department shall not design, prepare or issue the license plates described in subsection 1 unless:
(a) The [Commission on Special License Plates recommends to the] Department [that the Department approve] approves the design, preparation and issuance of those plates as described in NRS [482.367004;] 482.367002; and
(b) A surety bond in the amount of $5,000 is posted with the Department.
3. If the conditions set forth in subsection 2 are met, the Department shall issue license plates which indicate support for Tule Springs State Park for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates which indicate support for Tule Springs State Park if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates which indicate support for Tule Springs State Park pursuant to subsections 4 and 5.
4. The fee for license plates which indicate support for Tule Springs State Park is $35, in addition to all other applicable registration and license fees and governmental services tax. The license plates are renewable upon the payment of $10.
κ2021 Statutes of Nevada, Page 353 (CHAPTER 88, AB 188)κ
5. In addition to all other applicable registration and license fees and governmental services tax and the fee prescribed pursuant to subsection 4, a person who requests a set of license plates which indicate support for Tule Springs State Park must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be deposited in accordance with subsection 6.
6. Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees collected pursuant to subsection 5 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Ice Age Park Foundation or its successor for use in programs, projects and activities in support of Tule Springs State Park.
7. The Department shall promptly release the surety bond that is required to be posted pursuant to paragraph (b) of subsection 2 if:
(a) The Department [, based upon the recommendation of the Commission on Special License Plates,] determines not to issue the special license plate; or
(b) It is determined that at least 1,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008.
8. The provisions of paragraph (a) of subsection 1 of NRS 482.36705 do not apply to license plates described in this section.
9. If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
Sec. 5. NRS 482.379375 is hereby amended to read as follows:
482.379375 1. Except as otherwise provided in this subsection, the Department, in cooperation with the Reno Recreation and Parks Commission or its successor, shall design, prepare and issue license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno, using any colors and designs that the Department deems appropriate. The Department shall not design, prepare or issue the license plates unless:
(a) The [Commission on Special License Plates recommends to the] Department [that the Department approve] approves the design, preparation and issuance of those plates as described in NRS [482.367004;] 482.367002; and
(b) The Department receives at least 1,000 applications for the issuance of those plates.
2. If the [Commission on Special License Plates recommends to the] Department [that the Department approve] approves the design, preparation and issuance of license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno pursuant to subsection 1, and the Department receives at least 1,000 applications for the issuance of the license plates, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno pursuant to subsections 3 and 4.
κ2021 Statutes of Nevada, Page 354 (CHAPTER 88, AB 188)κ
may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno pursuant to subsections 3 and 4.
3. The fee for license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.
4. In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20 to be distributed pursuant to subsection 5.
5. The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this section to the City Treasurer of the City of Reno to be used to pay for the support and enhancement of parks, recreation facilities and programs in the City of Reno.
6. If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
Sec. 6. NRS 482.37939 is hereby amended to read as follows:
482.37939 1. Except as otherwise provided in subsection 2, the Department, in cooperation with the Nevada Firearms Coalition or its successor, shall design, prepare and issue license plates which indicate support for the rights guaranteed by the Second Amendment to the United States Constitution, using any colors that the Department deems appropriate.
2. The Department shall not design, prepare or issue the license plates described in subsection 1 unless:
(a) The [Commission on Special License Plates recommends to the] Department [that the Department approve] approves the design, preparation and issuance of those plates as described in NRS [482.367004;] 482.367002; and
(b) A surety bond in the amount of $5,000 is posted with the Department.
3. If the conditions set forth in subsection 2 are met, the Department shall issue license plates which indicate support for the rights guaranteed by the Second Amendment to the United States Constitution for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates which indicate support for the rights guaranteed by the Second Amendment to the United States Constitution if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates which indicate support for the rights guaranteed by the Second Amendment to the United States Constitution pursuant to subsections 4 and 5.
κ2021 Statutes of Nevada, Page 355 (CHAPTER 88, AB 188)κ
rights guaranteed by the Second Amendment to the United States Constitution if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates which indicate support for the rights guaranteed by the Second Amendment to the United States Constitution pursuant to subsections 4 and 5.
4. The fee for license plates which indicate support for the rights guaranteed by the Second Amendment to the United States Constitution is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.
5. In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed pursuant to subsection 4, a person who requests a set of license plates which indicate support for the rights guaranteed by the Second Amendment to the United States Constitution must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be deposited in accordance with subsection 6.
6. Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees collected pursuant to subsection 5 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Nevada Firearms Coalition or its successor for use only to provide or pay for firearm training or firearm safety education.
7. The Department must promptly release the surety bond that is required to be posted pursuant to paragraph (b) of subsection 2:
(a) If the Department [, based upon the recommendation of the Commission on Special License Plates,] determines not to issue the special license plate; or
(b) If it is determined that at least 1,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008.
8. The provisions of paragraph (a) of subsection 1 of NRS 482.36705 do not apply to license plates described in this section.
9. If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
Sec. 7. NRS 482.37947 is hereby amended to read as follows:
482.37947 1. Except as otherwise provided in subsection 2, the Department, in cooperation with the Boy Scouts of America, shall design, prepare and issue license plates that indicate support for the Boy Scouts of America using any colors the Department deems appropriate.
2. The Department shall not design, prepare or issue the license plates described in subsection 1 unless:
(a) The [Commission on Special License Plates recommends to the] Department [that the Department approve] approves the design, preparation and issuance of those plates as described in NRS [482.367004;] 482.367002; and
κ2021 Statutes of Nevada, Page 356 (CHAPTER 88, AB 188)κ
(b) A surety bond in the amount of $5,000 is posted with the Department.
3. If the conditions set forth in subsection 2 are met, the Department shall issue license plates that indicate support for the Boy Scouts of America for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that indicate support for the Boy Scouts of America if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that indicate support for the Boy Scouts of America pursuant to subsections 4 and 5.
4. The fee payable to the Department for license plates that indicate support for the Boy Scouts of America is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment to the Department of $10.
5. In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed pursuant to subsection 4, a person who requests a set of license plates that indicate support for the Boy Scouts of America must pay for the issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be deposited in accordance with subsection 6.
6. Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees collected pursuant to subsection 5 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Las Vegas Area Council of the Boy Scouts of America. The Las Vegas Area Council shall allocate the fees to itself and the Nevada Area Council of the Boy Scouts of America in proportion to the number of license plates issued pursuant to this section in the area represented by each area council. The fees must be used to assist boys from low-income families with the costs of participating in the Boy Scouts of America and to promote the Boy Scouts of America in schools.
7. The Department must promptly release the surety bond that is required to be posted pursuant to paragraph (b) of subsection 2 if:
(a) The Department [, based upon the recommendation of the Commission on Special License Plates,] determines not to issue the special license plate; or
(b) If it is determined that at least 1,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008.
8. The provisions of paragraph (a) of subsection 1 of NRS 482.36705 do not apply to license plates described in this section.
9. If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
Sec. 8. NRS 482.382765 is hereby amended to read as follows:
482.382765 1. Upon receiving notification by the Department pursuant to subsection [5] 9 of NRS 482.367002 that a special license plate that is intended to generate financial support for an organization will be issued by the Department, or upon a determination pursuant to subparagraph (3) of paragraph (b) of subsection 5 of NRS 482.38279 to distribute additional fees from a special license plate to the charitable organization, a charitable organization, not including a governmental entity whose budget is in the executive budget, that is to receive additional fees shall, if the charitable organization wishes to award grants with any of the money received in the form of additional fees, submit to the [Commission on Special License Plates] Department in writing the methods and procedures to be used by the charitable organization in awarding such grants, including, without limitation:
κ2021 Statutes of Nevada, Page 357 (CHAPTER 88, AB 188)κ
intended to generate financial support for an organization will be issued by the Department, or upon a determination pursuant to subparagraph (3) of paragraph (b) of subsection 5 of NRS 482.38279 to distribute additional fees from a special license plate to the charitable organization, a charitable organization, not including a governmental entity whose budget is in the executive budget, that is to receive additional fees shall, if the charitable organization wishes to award grants with any of the money received in the form of additional fees, submit to the [Commission on Special License Plates] Department in writing the methods and procedures to be used by the charitable organization in awarding such grants, including, without limitation:
(a) A copy of the application form to be used by any person or entity seeking a grant from the charitable organization;
(b) The guidelines established by the charitable organization for the submission and review of applications to receive a grant from the charitable organization; and
(c) The criteria to be used by the charitable organization in awarding such a grant.
2. Upon receipt of the information required, the [Commission] Department shall review the procedures to determine if the methods and procedures are adequate to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient. If the [Commission] Department determines that the methods and procedures are:
(a) Adequate to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient, the [Commission] Department shall notify the charitable organization of that determination.
(b) Inadequate to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient, the [Commission] Department shall notify the charitable organization and request that the charitable organization submit a revised version of the methods and procedures to be used by the charitable organization in awarding grants.
3. A charitable organization may not award any grants of money received in the form of additional fees until the procedures and methods have been determined adequate by the [Commission] Department pursuant to subsection 2.
Sec. 9. NRS 482.38277 is hereby amended to read as follows:
482.38277 1. Except as otherwise provided in subsection 4, on or before September 1 of each fiscal year, each charitable organization, not including a governmental entity whose budget is included in the executive budget, that receives additional fees shall prepare a balance sheet for the immediately preceding fiscal year on a form provided by the [Commission on Special License Plates] Legislative Auditor and file the balance sheet, accompanied by a recent bank statement, with the [Commission.] Legislative Auditor. The [Commission] Legislative Auditor shall prepare and make available, or cause to be prepared and made available, a form that must be used by a charitable organization to prepare such a balance sheet.
2. Except as otherwise provided in subsection 4, on or before July 1 of each fiscal year, each charitable organization, not including a governmental entity whose budget is included in the executive budget, that receives additional fees shall provide to the [Commission] Legislative Auditor and the Department:
κ2021 Statutes of Nevada, Page 358 (CHAPTER 88, AB 188)κ
(a) A list of the names of the persons, whether or not designated officers, who are responsible for overseeing the operation of the charitable organization;
(b) The current mailing address of the charitable organization;
(c) The current telephone number of the charitable organization;
(d) A report on the budget of the charitable organization, including, without limitation:
(1) A copy of the most recent annual budget of the charitable organization; and
(2) A description of how all money received by the charitable organization in the form of additional fees was expended, including, without limitation, how that money was expended by the charitable organization, or any recipient or awardee of that money from the charitable organization; and
(e) A copy of the most recent federal tax return of the charitable organization, if any, including all schedules related thereto.
3. On or before July 1 of each fiscal year, each charitable organization, not including a governmental entity whose budget is included in the executive budget, that receives additional fees shall post on the Internet website of the charitable organization or, if no such Internet website exists, publish in a newspaper of general circulation in the county where the charitable organization is based, the most recent federal tax return of the charitable organization, if any, including all schedules related thereto.
4. A charitable organization, not including a governmental entity whose budget is included in the executive budget, is not required to comply with the provisions of subsection 1 or 2, unless requested by the [Commission] Legislative Auditor or the Department if it receives additional fees:
(a) In an amount less than $10,000 in a fiscal year; or
(b) From special license plates which are no longer in production.
5. The Legislative Auditor shall prescribe:
(a) The form and content of the balance sheets required to be filed pursuant to subsection 1; and
(b) Any additional information that must accompany the balance sheets and bank statements required to be filed pursuant to subsection 1, including, without limitation, the methods and procedures used to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient.
[6. The Commission shall provide to the Legislative Auditor:
(a) A copy of each balance sheet and bank statement that it receives from a charitable organization pursuant to subsection 1; and
(b) A copy of the information that it receives from a charitable organization pursuant to subsection 2.]
Sec. 10. NRS 482.38278 is hereby amended to read as follows:
482.38278 1. On or before September 30 following the end of each fiscal year, the Legislative Auditor shall [present] submit a final written report with respect to the charitable organizations that have filed with the Legislative Auditor a balance sheet pursuant to subsection 1 of NRS 482.38277 to [the Commission on Special License Plates a final written report with respect to the charitable organizations for which the Commission provided to the Legislative Auditor a balance sheet pursuant to subsection 6 of NRS 482.38277.] :
κ2021 Statutes of Nevada, Page 359 (CHAPTER 88, AB 188)κ
(a) The Department; and
(b) The Director of the Legislative Counsel Bureau for transmittal to the Legislature, if the Legislature is in session, or to the Legislative Commission, if the Legislature is not in session.
2. [The final written report must be distributed to each member of the Commission before the report is presented to the Commission.
3.] Along with any statement of explanation or rebuttal from the [audited] charitable organization, the final written report may include, without limitation:
(a) Evidence regarding the inadequacy or inaccuracy of any forms or records filed by the charitable organization with the [Commission or the] Department;
(b) Evidence regarding any improper practices of financial administration on the part of the charitable organization;
(c) Evidence regarding the methods and procedures, or lack thereof, used to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient; and
(d) Any other evidence or information that the Legislative Auditor determines to be relevant to the propriety of the financial administration and recordkeeping of the charitable organization, including, without limitation, the disposition of any additional fees received by the charitable organization.
Sec. 11. NRS 482.382785 is hereby amended to read as follows:
482.382785 1. The [Commission on Special License Plates] Department may request the Legislative Commission to direct the Legislative Auditor to perform an audit of any charitable organization if the [Commission on Special License Plates:] Department:
(a) Has reasonable cause to believe or has received a credible complaint that the charitable organization has filed with the [Commission on Special License Plates or the] Department forms or records that are inadequate or inaccurate, has committed improper practices of financial administration, or has failed to use adequate methods and procedures to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient; or
(b) Determines that an audit is reasonably necessary to assist the [Commission on Special License Plates] Department in administering [any provision of this chapter which it is authorized or required to administer.] NRS 482.3667 to 482.38279, inclusive.
2. If the Legislative Commission directs the Legislative Auditor to perform an audit of a charitable organization, the Legislative Auditor shall:
(a) Conduct the audit and prepare a final written report of the audit; and
(b) Distribute a copy of the final written report to [each member of] the [Commission on Special License Plates; and
(c) Present the final written report to the Commission on Special License Plates at its next regularly scheduled meeting.] Director.
3. Along with any statement of explanation or rebuttal from the audited charitable organization, the final written report of the audit may include, without limitation:
(a) Evidence regarding the inadequacy or inaccuracy of any forms or records filed by the charitable organization with the [Commission on Special License Plates or the] Department;
(b) Evidence regarding any improper practices of financial administration on the part of the charitable organization;
κ2021 Statutes of Nevada, Page 360 (CHAPTER 88, AB 188)κ
(c) Evidence regarding the methods and procedures, or lack thereof, used to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient; and
(d) Any other evidence or information that the Legislative Auditor determines to be relevant to the propriety of the financial administration and recordkeeping of the charitable organization, including, without limitation, the disposition of any additional fees received by the charitable organization.
Sec. 12. NRS 482.382787 is hereby amended to read as follows:
482.382787 All documents and information submitted to the [Commission] Department pursuant to NRS 482.382765 to 482.382785, inclusive, by a charitable organization that is to receive additional fees, not including a governmental entity whose budget is in the executive budget, are public records and are available for public inspection as provided in chapter 239 of NRS.
Sec. 13. NRS 482.38279 is hereby amended to read as follows:
482.38279 1. If the [Commission on Special License Plates] Department determines that a charitable organization has failed to comply with one or more of the provisions of NRS 482.38277 or if, in a report provided to the [Commission] Department by the Legislative Auditor pursuant to NRS 482.38278 or 482.382785, the Legislative Auditor determines that a charitable organization has committed improper practices of financial administration, has filed with the [Commission or the] Department forms or records that are inadequate or inaccurate, or has failed to use adequate methods and procedures to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient, the [Commission] Department shall notify the charitable organization of that determination.
2. A charitable organization may request in writing a hearing, within 20 days after receiving notification pursuant to subsection 1, to respond to the determinations of the [Commission] Department or Legislative Auditor. The hearing must be held not later than 30 days after the receipt of the request for a hearing unless the parties, by written stipulation, agree to extend the time.
3. The [Commission] Department shall issue a decision on whether to uphold the original determination of the [Commission] Department or the Legislative Auditor or to overturn that determination. The decision required pursuant to this subsection must be issued:
(a) Immediately after the hearing, if a hearing was requested; or
(b) Within 30 days after the expiration of the 20-day period within which a hearing may be requested, if a hearing was not requested.
4. If the [Commission] Department decides to uphold its own determination that a charitable organization has failed to comply with one or more of the provisions of NRS 482.38277 or decides to uphold the determination of the Legislative Auditor that the organization has committed improper practices of financial administration, has filed with the [Commission or the] Department forms or records that are inadequate or inaccurate, or has failed to use adequate methods and procedures to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient, the [Commission] Department shall issue its decision in writing and may : [recommend that the Department:]
(a) Terminate production and distribution of the particular design of the special license plate and collection of all additional fees collected on behalf of the charitable organization, and allow any holder of the special license plate to continue to renew the plate without paying the additional fee;
κ2021 Statutes of Nevada, Page 361 (CHAPTER 88, AB 188)κ
(b) Suspend the production and distribution of the particular design of special license plates and collection of all additional fees collected on behalf of the charitable organization, if the Department is still producing that design and allow any holder of the special license plate to renew the plate without paying the additional fee; or
(c) Suspend the distribution of all additional fees collected on behalf of the charitable organization for a specified period and allow the production and distribution of the special license plate and the collection of additional fees to continue if the Department is still producing that design, and allow holders of the special license plates to renew the plate with the payment of the additional fees.
5. If the [Commission recommends that the] Department [take] takes the action described in paragraph (c) of subsection 4, the Department [, in consultation with the Commission,] shall inform the charitable organization in writing of the corrective actions that must be taken and upon conclusion of the suspension determine whether the charitable organization completed the corrective actions. If the Department [, in consultation with the Commission,] determines that the charitable organization:
(a) Completed the corrective actions, the Department [, in consultation with the Commission,] may terminate the suspension and forward to the charitable organization any additional fees collected on behalf of the charitable organization during the suspension.
(b) Has not completed the corrective actions, the Department [, in consultation with the Commission,] may:
(1) Extend the period of the suspension, but not more than one time;
(2) Terminate production and distribution of the special license plate and collection of all additional fees on behalf of the charitable organization, allow any holders of the special license plate to renew the plate without paying the additional fee and distribute all fees collected during the suspension in a manner determined by the Department ; [, in consultation with the Commission;] or
(3) Continue production and distribution of the special license plate and [, in consultation with the Commission,] distribute all additional fees collected, including any fees held during the suspension, to another charitable organization that:
(I) Submits an application to the Department on a form prescribed and furnished by the Department;
(II) Meets all applicable requirements of subsection 1 of NRS 482.367002 for a charitable organization seeking to receive financial support from a special license plate; and
(III) Provides evidence satisfactory to the Department [, in consultation with the Commission,] that the additional fees collected on behalf of the charitable organization will be used for a purpose similar to the purpose for which the additional fees were intended to be used by the initial charitable organization.
6. If, in accordance with subsection 4 or paragraph (b) of subsection 5, the [Commission recommends that the] Department determines to take adverse action against a charitable organization, the [Commission] Department shall notify the charitable organization, in writing, of that fact within 30 days after making the [recommendation] determination and include a description of any necessary corrective action that must be taken by the charitable organization, if applicable. A charitable organization aggrieved by a [recommendation] determination of the [Commission] Department may, within 30 days after the date on which it received notice of the [recommendation,] determination, submit to the Department any facts, evidence or other information that it believes is relevant to the propriety of the [Commissions recommendation.]
κ2021 Statutes of Nevada, Page 362 (CHAPTER 88, AB 188)κ
determination of the [Commission] Department may, within 30 days after the date on which it received notice of the [recommendation,] determination, submit to the Department any facts, evidence or other information that it believes is relevant to the propriety of the [Commissions recommendation.] Departments determination. Within 30 days after receiving all facts, evidence and other relevant information submitted to the Department by the aggrieved charitable organization, the Department shall render a decision, in writing, as to whether the Department [accepts or rejects the Commissions recommendation.] decides to uphold or not uphold its determination to take adverse action against the charitable organization. The decision of the Department is a final decision for the purpose of judicial review.
Sec. 14. 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. 15. 1. Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.
2. Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or agency 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 or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.
Sec. 16. The Legislative Counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, 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.
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. 17. NRS 482.367004 is hereby repealed.
Sec. 18. 1. This section and sections 1, 2, 3 and 5 to 17, inclusive, of this act become effective on October 1, 2021.
2. Section 4 of this act becomes effective on the date 2 years after the date on which the Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources establishes Tule Springs State Park.
________
κ2021 Statutes of Nevada, Page 363κ
Assembly Bill No. 217Committee on Health and Human Services
CHAPTER 89
[Approved: May 25, 2021]
AN ACT relating to health care; requiring the State Board of Health to adopt regulations requiring unlicensed caregivers at designated facilities to receive certain training; requiring the person in charge of such a facility to perform certain duties related to such training; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a medical facility or a facility for the dependent to obtain a license from the Division of Public and Behavioral Health of the Department of Health and Human Services. (NRS 449.030) Existing law also authorizes the State Board of Health to require the licensure of other facilities that provide medical care. (NRS 449.0303) Section 1 of this bill requires the Board to adopt regulations prescribing training for unlicensed caregivers who provide care at designated medical facilities, facilities for the dependent and other licensed facilities. Section 1 also requires the Division to post on the Internet a list of nationally recognized organizations that offer free or low-cost training which meets the requirements of those regulations. Finally, section 1 requires the administrator or other person in charge of a facility to which the regulations apply to: (1) ensure that each unlicensed caregiver at the facility completes the required training; (2) ensure the implementation of the best practices taught in the required training; and (3) develop, annually update and provide to certain persons a written plan for the control of infectious diseases at the facility. Sections 2-18 of this bill make conforming changes to provide for the administration and enforcement of the requirements of section 1 in the same manner as other requirements imposed by existing law on medical facilities and facilities for the dependents.
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 449 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Board shall:
(a) Adopt regulations prescribing mandatory training for unlicensed caregivers who provide care at designated medical facilities, facilities for the dependent and facilities licensed pursuant to NRS 449.0303. The regulations must:
(1) Designate the types of facilities to which the requirements for training apply; and
(2) Establish the required topics for the training, which must include, without limitation, control of infectious diseases and minimum standards for training in each required topic.
(b) Review the required topics for training established pursuant to subparagraph (2) of paragraph (a) at least annually and revise those topics when necessary to address new issues that impact health and safety at the designated facilities.
κ2021 Statutes of Nevada, Page 364 (CHAPTER 89, AB 217)κ
2. The Division shall post on an Internet website maintained by the Division a list of nationally recognized organizations that provide evidence-based training for caregivers which:
(a) Is free of charge or has a minimal cost; and
(b) May be used to satisfy the requirements of the regulations adopted pursuant to subsection 1.
3. The administrator or other person in charge of a facility to which the regulations adopted pursuant to subsection 1 apply shall:
(a) Ensure that each unlicensed caregiver at the facility completes the training required by the regulations adopted pursuant to subsection 1 and document the completion of the training in the personnel file of each unlicensed caregiver;
(b) Ensure the implementation of the best practices taught in the training required by the regulations adopted pursuant to subsection 1 at the facility where appropriate;
(c) Develop and annually update a written plan for the control of infectious diseases at the facility; and
(d) Provide a written copy of the plan for the control of infectious diseases to each employee or independent contractor of the facility, any other person who regularly provides services at the facility and each resident of the facility.
Sec. 2. NRS 449.029 is hereby amended to read as follows:
449.029 As used in NRS 449.029 to 449.240, inclusive, and section 1 of this act, unless the context otherwise requires, medical facility has the meaning ascribed to it in NRS 449.0151 and includes a program of hospice care described in NRS 449.196.
Sec. 3. NRS 449.03005 is hereby amended to read as follows:
449.03005 1. Except as otherwise provided in NRS 449.03017, a person must obtain a license from the Board to operate an employment agency that contracts with persons in this State to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home, regardless of whether the agency is located in this State.
2. The Board shall adopt:
(a) Standards for licensing of employment agencies that provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home;
(b) Standards relating to the fees charged by such employment agencies;
(c) Regulations governing the licensing of such employment agencies; and
(d) Regulations establishing requirements for training the persons who contract with such employment agencies to provide such nonmedical services.
3. An employment agency that is licensed pursuant to this section shall not refer a person to a home to provide nonmedical services related to personal care to elderly persons or persons with disabilities if that person has not met the requirements set forth in NRS 449.115 to 449.125, inclusive.
4. A person who violates the provisions of subsection 3 is liable for a civil penalty to be recovered by the Attorney General in the name of the Board for the first offense of not more than $10,000 and for a second or subsequent offense of not less than $10,000 nor more than $20,000. Unless otherwise required by federal law, the Board shall deposit all civil penalties collected pursuant to this section into a separate account in the State General Fund to be used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, and section 1 of this act, 449.435 to 449.531, inclusive, and chapter 449A of NRS and to protect the health, safety, well-being and property of the persons served by employment agencies.
κ2021 Statutes of Nevada, Page 365 (CHAPTER 89, AB 217)κ
collected pursuant to this section into a separate account in the State General Fund to be used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, and section 1 of this act, 449.435 to 449.531, inclusive, and chapter 449A of NRS and to protect the health, safety, well-being and property of the persons served by employment agencies.
Sec. 4. NRS 449.0301 is hereby amended to read as follows:
449.0301 The provisions of NRS 449.029 to 449.2428, inclusive, and section 1 of this act do not apply to:
1. Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of the church or denomination, except that such a facility shall comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.
2. Foster homes as defined in NRS 424.014.
3. Any medical facility, facility for the dependent or facility which is otherwise required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed that is operated and maintained by the United States Government or an agency thereof.
Sec. 5. NRS 449.0302 is hereby amended to read as follows:
449.0302 1. The Board shall adopt:
(a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.029 to 449.2428, inclusive, and section 1 of this act and for programs of hospice care.
(b) Regulations governing the licensing of such facilities and programs.
(c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his or her home without being considered a residential facility for groups pursuant to NRS 449.017. The regulations must require that such grants are effective only if made in writing.
(d) Regulations establishing a procedure for the indemnification by the Division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive surgery pursuant to NRS 449.068 or 449.069, of a patient of the facility who has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.
(e) Regulations that prescribe the specific types of discrimination prohibited by NRS 449.101.
(f) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.029 to 449.2428, inclusive [.] and section 1 of this act.
2. The Board shall adopt separate regulations governing the licensing and operation of:
(a) Facilities for the care of adults during the day; and
(b) Residential facilities for groups,
Κ which provide care to persons with Alzheimers disease or other severe dementia, as described in paragraph (a) of subsection 2 of NRS 449.1845.
3. The Board shall adopt separate regulations for:
(a) The licensure of rural hospitals which take into consideration the unique problems of operating such a facility in a rural area.
κ2021 Statutes of Nevada, Page 366 (CHAPTER 89, AB 217)κ
(b) The licensure of facilities for refractive surgery which take into consideration the unique factors of operating such a facility.
(c) The licensure of mobile units which take into consideration the unique factors of operating a facility that is not in a fixed location.
4. The Board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.
5. In addition to the training requirements prescribed pursuant to NRS 449.093, the Board shall establish minimum qualifications for administrators and employees of residential facilities for groups. In establishing the qualifications, the Board shall consider the related standards set by nationally recognized organizations which accredit such facilities.
6. The Board shall adopt separate regulations regarding the assistance which may be given pursuant to NRS 453.375 and 454.213 to an ultimate user of controlled substances or dangerous drugs by employees of residential facilities for groups. The regulations must require at least the following conditions before such assistance may be given:
(a) The ultimate users physical and mental condition is stable and is following a predictable course.
(b) The amount of the medication prescribed is at a maintenance level and does not require a daily assessment.
(c) A written plan of care by a physician or registered nurse has been established that:
(1) Addresses possession and assistance in the administration of the medication; and
(2) Includes a plan, which has been prepared under the supervision of a registered nurse or licensed pharmacist, for emergency intervention if an adverse condition results.
(d) Except as otherwise authorized by the regulations adopted pursuant to NRS 449.0304, the prescribed medication is not administered by injection or intravenously.
(e) The employee has successfully completed training and examination approved by the Division regarding the authorized manner of assistance.
7. The Board shall adopt separate regulations governing the licensing and operation of residential facilities for groups which provide assisted living services. The Board shall not allow the licensing of a facility as a residential facility for groups which provides assisted living services and a residential facility for groups shall not claim that it provides assisted living services unless:
(a) Before authorizing a person to move into the facility, the facility makes a full written disclosure to the person regarding what services of personalized care will be available to the person and the amount that will be charged for those services throughout the residents stay at the facility.
(b) The residents of the facility reside in their own living units which:
(1) Except as otherwise provided in subsection 8, contain toilet facilities;
(2) Contain a sleeping area or bedroom; and
(3) Are shared with another occupant only upon consent of both occupants.
κ2021 Statutes of Nevada, Page 367 (CHAPTER 89, AB 217)κ
(c) The facility provides personalized care to the residents of the facility and the general approach to operating the facility incorporates these core principles:
(1) The facility is designed to create a residential environment that actively supports and promotes each residents quality of life and right to privacy;
(2) The facility is committed to offering high-quality supportive services that are developed by the facility in collaboration with the resident to meet the residents individual needs;
(3) The facility provides a variety of creative and innovative services that emphasize the particular needs of each individual resident and the residents personal choice of lifestyle;
(4) The operation of the facility and its interaction with its residents supports, to the maximum extent possible, each residents need for autonomy and the right to make decisions regarding his or her own life;
(5) The operation of the facility is designed to foster a social climate that allows the resident to develop and maintain personal relationships with fellow residents and with persons in the general community;
(6) The facility is designed to minimize and is operated in a manner which minimizes the need for its residents to move out of the facility as their respective physical and mental conditions change over time; and
(7) The facility is operated in such a manner as to foster a culture that provides a high-quality environment for the residents, their families, the staff, any volunteers and the community at large.
8. The Division may grant an exception from the requirement of subparagraph (1) of paragraph (b) of subsection 7 to a facility which is licensed as a residential facility for groups on or before July 1, 2005, and which is authorized to have 10 or fewer beds and was originally constructed as a single-family dwelling if the Division finds that:
(a) Strict application of that requirement would result in economic hardship to the facility requesting the exception; and
(b) The exception, if granted, would not:
(1) Cause substantial detriment to the health or welfare of any resident of the facility;
(2) Result in more than two residents sharing a toilet facility; or
(3) Otherwise impair substantially the purpose of that requirement.
9. The Board shall, if it determines necessary, adopt regulations and requirements to ensure that each residential facility for groups and its staff are prepared to respond to an emergency, including, without limitation:
(a) The adoption of plans to respond to a natural disaster and other types of emergency situations, including, without limitation, an emergency involving fire;
(b) The adoption of plans to provide for the evacuation of a residential facility for groups in an emergency, including, without limitation, plans to ensure that nonambulatory patients may be evacuated;
(c) Educating the residents of residential facilities for groups concerning the plans adopted pursuant to paragraphs (a) and (b); and
(d) Posting the plans or a summary of the plans adopted pursuant to paragraphs (a) and (b) in a conspicuous place in each residential facility for groups.
κ2021 Statutes of Nevada, Page 368 (CHAPTER 89, AB 217)κ
10. The regulations governing the licensing and operation of facilities for transitional living for released offenders must provide for the licensure of at least three different types of facilities, including, without limitation:
(a) Facilities that only provide a housing and living environment;
(b) Facilities that provide or arrange for the provision of supportive services for residents of the facility to assist the residents with reintegration into the community, in addition to providing a housing and living environment; and
(c) Facilities that provide or arrange for the provision of programs for alcohol and other substance use disorders, in addition to providing a housing and living environment and providing or arranging for the provision of other supportive services.
Κ The regulations must provide that if a facility was originally constructed as a single-family dwelling, the facility must not be authorized for more than eight beds.
11. The Board shall adopt regulations applicable to providers of community-based living arrangement services which:
(a) Except as otherwise provided in paragraph (b), require a natural person responsible for the operation of a provider of community-based living arrangement services and each employee of a provider of community-based living arrangement services who supervises or provides support to recipients of community-based living arrangement services to complete training concerning the provision of community-based living arrangement services to persons with mental illness and continuing education concerning the particular population served by the provider;
(b) Exempt a person licensed or certified pursuant to title 54 of NRS from the requirements prescribed pursuant to paragraph (a) if the Board determines that the person is required to receive training and continuing education substantially equivalent to that prescribed pursuant to that paragraph;
(c) Require a natural person responsible for the operation of a provider of community-based living arrangement services to receive training concerning the provisions of title 53 of NRS applicable to the provision of community-based living arrangement services; and
(d) Require an applicant for a license to provide community-based living arrangement services to post a surety bond in an amount equal to the operating expenses of the applicant for 2 months, place that amount in escrow or take another action prescribed by the Division to ensure that, if the applicant becomes insolvent, recipients of community-based living arrangement services from the applicant may continue to receive community-based living arrangement services for 2 months at the expense of the applicant.
12. As used in this section, living unit means an individual private accommodation designated for a resident within the facility.
Sec. 6. NRS 449.0305 is hereby amended to read as follows:
449.0305 1. Except as otherwise provided in subsection 5, a person must obtain a license from the Board to operate a business that provides referrals to residential facilities for groups or any other group housing arrangement that provides assistance, food, shelter or limited supervision to a person with a mental illness, intellectual disability, developmental disability or physical disability or who is aged or infirm.
κ2021 Statutes of Nevada, Page 369 (CHAPTER 89, AB 217)κ
2. The Board shall adopt:
(a) Standards for the licensing of businesses described in subsection 1;
(b) Standards relating to the fees charged by such businesses;
(c) Regulations governing the licensing of such businesses; and
(d) Regulations establishing requirements for training the employees of such businesses.
3. A licensed nurse, social worker, physician or hospital, or a provider of geriatric care who is licensed as a nurse or social worker, may provide referrals to residential facilities for groups or any other group housing arrangement described in subsection 1 through a business that is licensed pursuant to this section. The Board may, by regulation, authorize a public guardian or any other person it determines appropriate to provide referrals to residential facilities for groups or any other group housing arrangement described in subsection 1 through a business that is licensed pursuant to this section.
4. A business that is licensed pursuant to this section or an employee of such a business shall not:
(a) Refer a person to a residential facility for groups that is not licensed.
(b) Refer a person to a residential facility for groups or any other group housing arrangement described in subsection 1 if the business or its employee knows or reasonably should know that the facility or other group housing arrangement, or the services provided by the facility or other group housing arrangement, are not appropriate for the condition of the person being referred.
(c) Refer a person to a residential facility for groups or any other group housing arrangement described in subsection 1 that is owned by the same person who owns the business.
Κ A person who violates the provisions of this subsection is liable for a civil penalty to be recovered by the Attorney General in the name of the Board for the first offense of not more than $10,000 and for a second or subsequent offense of not less than $10,000 nor more than $20,000. Unless otherwise required by federal law, the Board shall deposit all civil penalties collected pursuant to this section into a separate account in the State General Fund to be used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, and section 1 of this act, 449.435 to 449.531, inclusive, and chapter 449A of NRS and to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards.
5. This section does not apply to a medical facility that is licensed pursuant to NRS 449.029 to 449.2428, inclusive, and section 1 of this act on October 1, 1999.
6. As used in this section:
(a) Developmental disability has the meaning ascribed to it in NRS 435.007.
(b) Intellectual disability has the meaning ascribed to it in NRS 435.007.
(c) Mental illness has the meaning ascribed to it in NRS 433.164.
Sec. 7. NRS 449.0306 is hereby amended to read as follows:
449.0306 1. Money received from licensing medical facilities and facilities for the dependent must be forwarded to the State Treasurer for deposit in the State General Fund to the credit of the Division.
κ2021 Statutes of Nevada, Page 370 (CHAPTER 89, AB 217)κ
2. The Division shall enforce the provisions of NRS 449.029 to 449.245, inclusive, and section 1 of this act and may incur any necessary expenses not in excess of money authorized for that purpose by the State or received from the Federal Government.
Sec. 8. NRS 449.0307 is hereby amended to read as follows:
449.0307 The Division may:
1. Upon receipt of an application for a license, conduct an investigation into the premises, facilities, qualifications of personnel, methods of operation, policies and purposes of any person proposing to engage in the operation of a medical facility, a facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed. The facility is subject to inspection and approval as to standards for safety from fire, on behalf of the Division, by the State Fire Marshal.
2. Upon receipt of a complaint against a medical facility, facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed, except for a complaint concerning the cost of services, conduct an investigation into the premises, facilities, qualifications of personnel, methods of operation, policies, procedures and records of that facility or any other medical facility, facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed which may have information pertinent to the complaint.
3. Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of NRS 449.029 to 449.245, inclusive [.] , and section 1 of this act.
Sec. 9. NRS 449.0308 is hereby amended to read as follows:
449.0308 1. Except as otherwise provided in this section, the Division may charge and collect from a medical facility, facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed or a person who operates such a facility without a license issued by the Division the actual costs incurred by the Division for the enforcement of the provisions of NRS 449.029 to 449.2428, inclusive, and section 1 of this act, including, without limitation, the actual cost of conducting an inspection or investigation of the facility.
2. The Division shall not charge and collect the actual cost for enforcement pursuant to subsection 1 if the enforcement activity is:
(a) Related to the issuance or renewal of a license for which the Board charges a fee pursuant to NRS 449.050 or 449.089; or
(b) Conducted pursuant to an agreement with the Federal Government which has appropriated money for that purpose.
3. Any money collected pursuant to subsection 1 may be used by the Division to administer and carry out the provisions of NRS 449.029 to 449.2428, inclusive, and section 1 of this act and the regulations adopted pursuant thereto.
4. The provisions of this section do not apply to any costs incurred by the Division for the enforcement of the provisions of NRS 449.24185, 449.2419 or 449.24195.
κ2021 Statutes of Nevada, Page 371 (CHAPTER 89, AB 217)κ
Sec. 10. NRS 449.040 is hereby amended to read as follows:
449.040 Any person, state or local government or agency thereof desiring a license under the provisions of NRS 449.029 to 449.2428, inclusive, and section 1 of this act must file with the Division an application on a form prescribed, prepared and furnished by the Division, containing:
1. The name of the applicant and, if a natural person, whether the applicant has attained the age of 21 years.
2. The type of facility to be operated.
3. The location of the facility.
4. In specific terms, the nature of services and type of care to be offered, as defined in the regulations.
5. The number of beds authorized by the Director of the Department of Health and Human Services or, if such authorization is not required, the number of beds the facility will contain.
6. The name of the person in charge of the facility.
7. Such other information as may be required by the Division for the proper administration and enforcement of NRS 449.029 to 449.2428, inclusive [.] , and section 1 of this act.
8. Evidence satisfactory to the Division that the applicant is of reputable and responsible character. If the applicant is a firm, association, organization, partnership, business trust, corporation or company, similar evidence must be submitted as to the members thereof and the person in charge of the facility for which application is made. If the applicant is a political subdivision of the State or other governmental agency, similar evidence must be submitted as to the person in charge of the institution for which application is made.
9. Evidence satisfactory to the Division of the ability of the applicant to comply with the provisions of NRS 449.029 to 449.2428, inclusive, and section 1 of this act and the standards and regulations adopted by the Board.
10. Evidence satisfactory to the Division that the facility conforms to the zoning regulations of the local government within which the facility will be operated or that the applicant has applied for an appropriate reclassification, variance, permit for special use or other exception for the facility.
Sec. 11. NRS 449.080 is hereby amended to read as follows:
449.080 1. If, after investigation, the Division finds that the:
(a) Applicant is in full compliance with the provisions of NRS 449.029 to 449.2428, inclusive [;] , and section 1 of this act;
(b) Applicant is in substantial compliance with the standards and regulations adopted by the Board;
(c) Applicant, if he or she has undertaken a project for which approval is required pursuant to NRS 439A.100, has obtained the approval of the Director of the Department of Health and Human Services; and
(d) Facility conforms to the applicable zoning regulations,
Κ the Division shall issue the license to the applicant.
2. Any investigation of an applicant for a license to provide community-based living arrangement services conducted pursuant to subsection 1 must include, without limitation, an inspection of any building operated by the applicant in which the applicant proposes to provide community-based living arrangement services.
κ2021 Statutes of Nevada, Page 372 (CHAPTER 89, AB 217)κ
3. A license applies only to the person to whom it is issued, is valid only for the premises described in the license and is not transferable.
Sec. 12. NRS 449.089 is hereby amended to read as follows:
449.089 1. Each license issued pursuant to NRS 449.029 to 449.2428, inclusive, and section 1 of this act expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of all fees required pursuant to NRS 449.050 unless the Division finds, after an investigation, that the facility has not:
(a) Satisfactorily complied with the provisions of NRS 449.029 to 449.2428, inclusive, and section 1 of this act or the standards and regulations adopted by the Board;
(b) Obtained the approval of the Director of the Department of Health and Human Services before undertaking a project, if such approval is required by NRS 439A.100; or
(c) Conformed to all applicable local zoning regulations.
2. Each reapplication for an agency to provide personal care services in the home, an agency to provide nursing in the home, a community health worker pool, a facility for intermediate care, a facility for skilled nursing, a provider of community-based living arrangement services, a hospital described in 42 U.S.C. § 1395ww(d)(1)(B)(iv), a psychiatric hospital that provides inpatient services to children, a psychiatric residential treatment facility, a residential facility for groups, a program of hospice care, a home for individual residential care, a facility for the care of adults during the day, a facility for hospice care, a nursing pool, a peer support recovery organization, the distinct part of a hospital which meets the requirements of a skilled nursing facility or nursing facility pursuant to 42 C.F.R. § 483.5, a hospital that provides swing-bed services as described in 42 C.F.R. § 482.58 or, if residential services are provided to children, a medical facility or facility for the treatment of alcohol or other substance use disorders must include, without limitation, a statement that the facility, hospital, agency, program, pool, organization or home is in compliance with the provisions of NRS 449.115 to 449.125, inclusive, and 449.174.
3. Each reapplication for an agency to provide personal care services in the home, a community health worker pool, a facility for intermediate care, a facility for skilled nursing, a facility for the care of adults during the day, a peer support recovery organization, a residential facility for groups or a home for individual residential care must include, without limitation, a statement that the holder of the license to operate, and the administrator or other person in charge and employees of, the facility, agency, pool, organization or home are in compliance with the provisions of NRS 449.093.
Sec. 13. NRS 449.091 is hereby amended to read as follows:
449.091 1. The Division may cancel the license of a medical facility, facility for the dependent or a facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed and issue a provisional license, effective for a period determined by the Division, to such a facility if it:
(a) Is in operation at the time of the adoption of standards and regulations pursuant to the provisions of NRS 449.029 to 449.2428, inclusive, and section 1 of this act and the Division determines that the facility requires a reasonable time under the particular circumstances within which to comply with the standards and regulations; or
κ2021 Statutes of Nevada, Page 373 (CHAPTER 89, AB 217)κ
facility requires a reasonable time under the particular circumstances within which to comply with the standards and regulations; or
(b) Has failed to comply with the standards or regulations and the Division determines that the facility is in the process of making the necessary changes or has agreed to make the changes within a reasonable time.
2. The provisions of subsection 1 do not require the issuance of a license or prevent the Division from refusing to renew or from revoking or suspending any license where the Division deems such action necessary for the health and safety of the occupants of any facility.
Sec. 14. NRS 449.131 is hereby amended to read as follows:
449.131 1. Any authorized member or employee of the Division may enter and inspect any building or premises at any time to secure compliance with or prevent a violation of any provision of NRS 449.029 to 449.245, inclusive [.] , and section 1 of this act.
2. The State Fire Marshal or a designee of the State Fire Marshal shall, upon receiving a request from the Division or a written complaint concerning compliance with the plans and requirements to respond to an emergency adopted pursuant to subsection 9 of NRS 449.0302:
(a) Enter and inspect a residential facility for groups or a building operated by a provider of community-based living arrangement services in which such services are provided; and
(b) Make recommendations regarding the adoption of plans and requirements pursuant to subsection 9 of NRS 449.0302,
Κ to ensure the safety of the residents of the facility or persons receiving care from the provider, as applicable, in an emergency.
3. The Chief Medical Officer or a designee of the Chief Medical Officer shall enter and inspect at least annually each building or the premises of a residential facility for groups and each building operated by a provider of community-based living arrangement services in which such services are provided to ensure compliance with standards for health and sanitation.
4. An authorized member or employee of the Division shall enter and inspect any building or premises operated by a residential facility for groups or provider of community-based living arrangement services within 72 hours after the Division is notified that a residential facility for groups or provider of community-based living arrangement services is operating without a license.
Sec. 15. NRS 449.160 is hereby amended to read as follows:
449.160 1. The Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.029 to 449.2428, inclusive, and section 1 of this act upon any of the following grounds:
(a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.029 to 449.245, inclusive, and section 1 of this act or of any other law of this State or of the standards, rules and regulations adopted thereunder.
(b) Aiding, abetting or permitting the commission of any illegal act.
(c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.
κ2021 Statutes of Nevada, Page 374 (CHAPTER 89, AB 217)κ
(d) Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.
(e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, and section 1 of this act and 449.435 to 449.531, inclusive, and chapter 449A of NRS if such approval is required.
(f) Failure to comply with the provisions of NRS 449.2486.
(g) Violation of the provisions of NRS 458.112.
2. In addition to the provisions of subsection 1, the Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:
(a) Is convicted of violating any of the provisions of NRS 202.470;
(b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or
(c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.
3. The Division shall maintain a log of any complaints that it receives relating to activities for which the Division may revoke the license to operate a facility for the dependent pursuant to subsection 2. The Division shall provide to a facility for the care of adults during the day:
(a) A summary of a complaint against the facility if the investigation of the complaint by the Division either substantiates the complaint or is inconclusive;
(b) A report of any investigation conducted with respect to the complaint; and
(c) A report of any disciplinary action taken against the facility.
Κ The facility shall make the information available to the public pursuant to NRS 449.2486.
4. On or before February 1 of each odd-numbered year, the Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:
(a) Any complaints included in the log maintained by the Division pursuant to subsection 3; and
(b) Any disciplinary actions taken by the Division pursuant to subsection 2.
Sec. 16. NRS 449.163 is hereby amended to read as follows:
449.163 1. In addition to the payment of the amount required by NRS 449.0308, if a medical facility, facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed violates any provision related to its licensure, including any provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and section 1 of this act or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to NRS 449.165, may:
(a) Prohibit the facility from admitting any patient until it determines that the facility has corrected the violation;
(b) Limit the occupancy of the facility to the number of beds occupied when the violation occurred, until it determines that the facility has corrected the violation;
κ2021 Statutes of Nevada, Page 375 (CHAPTER 89, AB 217)κ
(c) If the license of the facility limits the occupancy of the facility and the facility has exceeded the approved occupancy, require the facility, at its own expense, to move patients to another facility that is licensed;
(d) Impose an administrative penalty of not more than $5,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and
(e) Appoint temporary management to oversee the operation of the facility and to ensure the health and safety of the patients of the facility, until:
(1) It determines that the facility has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations; or
(2) Improvements are made to correct the violation.
2. If the facility fails to pay any administrative penalty imposed pursuant to paragraph (d) of subsection 1, the Division may:
(a) Suspend the license of the facility until the administrative penalty is paid; and
(b) Collect court costs, reasonable attorneys fees and other costs incurred to collect the administrative penalty.
3. The Division may require any facility that violates any provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and section 1 of this act or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.
4. Any money collected as administrative penalties pursuant to paragraph (d) of subsection 1 must be accounted for separately and used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, and section 1 of this act and 449.435 to 449.531, inclusive, and chapter 449A of NRS to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards or for any other purpose authorized by the Legislature.
Sec. 17. NRS 449.240 is hereby amended to read as follows:
449.240 The district attorney of the county in which the facility is located shall, upon application by the Division, institute and conduct the prosecution of any action for violation of any provisions of NRS 449.029 to 449.245, inclusive [.] , and section 1 of this act.
Sec. 18. NRS 654.190 is hereby amended to read as follows:
654.190 1. The Board may, after notice and an opportunity for a hearing as required by law, impose an administrative fine of not more than $10,000 for each violation on, recover reasonable investigative fees and costs incurred from, suspend, revoke, deny the issuance or renewal of or place conditions on the license of, and place on probation or impose any combination of the foregoing on any licensee who:
(a) Is convicted of a felony relating to the practice of administering a nursing facility or residential facility or of any offense involving moral turpitude.
(b) Has obtained his or her license by the use of fraud or deceit.
(c) Violates any of the provisions of this chapter.
κ2021 Statutes of Nevada, Page 376 (CHAPTER 89, AB 217)κ
(d) Aids or abets any person in the violation of any of the provisions of NRS 449.029 to 449.2428, inclusive, and section 1 of this act as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.
(e) Violates any regulation of the Board prescribing additional standards of conduct for licensees, including, without limitation, a code of ethics.
(f) Engages in conduct that violates the trust of a patient or resident or exploits the relationship between the licensee and the patient or resident for the financial or other gain of the licensee.
2. If a licensee requests a hearing pursuant to subsection 1, the Board shall give the licensee written notice of a hearing pursuant to NRS 233B.121 and 241.034. A licensee may waive, in writing, his or her right to attend the hearing.
3. The Board may compel the attendance of witnesses or the production of documents or objects by subpoena. The Board may adopt regulations that set forth a procedure pursuant to which the Chair of the Board may issue subpoenas on behalf of the Board. Any person who is subpoenaed pursuant to this subsection may request the Board to modify the terms of the subpoena or grant additional time for compliance.
4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
5. The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.
Sec. 19. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 18, inclusive, 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 proisions of this act; and
(b) On January 1, 2022, for all other purposes.
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