[Rev. 9/10/2021 11:30:26 AM]
κ2021 Statutes of Nevada, Page 479κ
Assembly Bill No. 97Assemblyman Watts
CHAPTER 112
[Approved: May 27, 2021]
AN ACT relating to toxic chemicals; prohibiting, with certain exceptions, the discharge, use or release of certain Class B firefighting foams; requiring, with certain exceptions, certain entities who discharge, use or release certain Class B firefighting foam to notify the Division of Environmental Protection of the State Department of Conservation and Natural Resources; requiring the Division to establish a working group to study issues relating to certain substances; prohibiting, with certain exceptions, the manufacture, sale or distribution of certain products containing certain chemicals; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes various requirements for the regulation of hazardous waste, hazardous materials and hazardous substances. (Chapter 459 of NRS) Section 12 of this bill prohibits, with certain exceptions, a person, political subdivision, local government or state or local agency from discharging, using or releasing, or allowing its employees or independent contractors to discharge, use or release, Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances for testing or firefighting training purposes.
Section 13 of this bill requires any person, political subdivision, local government or state or local agency who discharges, uses or releases, or allows its employees or independent contractors to discharge, use or release, Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances to notify the Division of Environmental Protection of the State Department of Conservation and Natural Resources within 24 hours after the discharge, use or release.
Section 14.5 of this bill requires the Division to establish a working group to study issues relating to environmental contamination resulting from perfluoroalkyl and polyfluoroalkyl substances.
Sections 8-9 of this bill define various terms relating to the provisions of sections 7-14.5 of this bill.
Section 10 of this bill provides an exception to the requirements and prohibitions set forth in sections 12 and 13 to the extent that those provisions are preempted by or conflict with federal law.
Section 24 of this bill prohibits, with certain exceptions, the knowing manufacture, sale, offering for sale, distribution for sale or distribution for use of a childrens product, upholstered residential furniture, residential textile, business textile or mattress containing any flame-retardant organohalogenated chemical in any product component in amounts greater than 1,000 parts per million. Section 25 of this bill prohibits, with certain exceptions, a manufacturer from replacing such a flame-retardant organohalogenated chemical with any other chemical that is known or suspected with a high degree of probability to: (1) harm the normal development of a fetus or child; (2) cause cancer, genetic damage or reproductive harm; (3) disrupt the endocrine system; or (4) damage the nervous system, immune system or organs or cause other systemic toxicity. Section 26 of this bill makes a person who willfully and knowingly violates section 24 or 25 subject to a maximum civil penalty of $1,000. Sections 17-23 of this bill define certain terms related to these prohibitions.
κ2021 Statutes of Nevada, Page 480 (CHAPTER 112, AB 97)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:
Sections 1-5. (Deleted by amendment.)
Sec. 6. Chapter 459 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 14.5, inclusive, of this act.
Sec. 7. As used in sections 7 to 14.5, inclusive, of this act, the words and terms defined in sections 8 to 9, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 8. Class B firefighting foam means a foam designed to extinguish flammable liquid fires.
Sec. 8.5. Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances means Class B firefighting foam containing perfluoroalkyl and polyfluoroalkyl substances that is designed to include at least one fully fluorinated carbon atom that is fully functional in the foam.
Sec. 8.7. Division means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
Sec. 9. Perfluoroalkyl and polyfluoroalkyl substances means a class of fluorinated organic chemicals that contain at least one fully fluorinated carbon atom.
Sec. 10. The provisions of sections 12 and 13 of this act do not apply to the extent that those provisions are preempted by or conflict with federal law, including, without limitation, any provision of federal law requiring the use of Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances pursuant to 14 C.F.R. Part 139 or for military purposes.
Sec. 11. (Deleted by amendment.)
Sec. 12. 1. Except as otherwise provided in this section and section 10 of this act, a person, political subdivision, local government or state or local agency shall not discharge, use or release, or allow its employees or independent contractors to discharge, use or release, any Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances for the purpose of:
(a) Testing the Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances unless the person testing the foam has ensured that any measures necessary for the proper containment, treatment and disposal of the foam are available at the testing location and such measures will prevent the release of Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances to the surrounding environment; or
(b) Firefighting training.
2. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
Sec. 13. Except as otherwise provided in section 10 of this act, any person, political subdivision, local government or state or local agency who discharges, uses or releases, or allows its employees or independent contractors to discharge, use or release, Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances must report the discharge, use or release to the Division not later than 24 hours after the discharge, use or release.
κ2021 Statutes of Nevada, Page 481 (CHAPTER 112, AB 97)κ
contains intentionally added perfluoroalkyl and polyfluoroalkyl substances must report the discharge, use or release to the Division not later than 24 hours after the discharge, use or release. The notification must include, without limitation:
1. The time, date, location and an estimate of the amount of the discharge, use or release of Class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances; and
2. The purpose or reason for the discharge, use or release.
Sec. 14. (Deleted by amendment.)
Sec. 14.5. 1. The Division shall establish a working group to study issues relating to environmental contamination resulting from perfluoroalkyl and polyfluoroalkyl substances in this State which must be composed of representatives of interested state and local public agencies, labor organizations, community organizations and trade associations.
2. The working group established pursuant to subsection 1 shall, without limitation:
(a) Evaluate the potential for environmental contamination in this State resulting from perfluoroalkyl and polyfluoroalkyl substances;
(b) Determine the location of potentially significant discharges or releases of perfluoroalkyl and polyfluoroalkyl substances in this State;
(c) Determine the potential sources of exposure to perfluoroalkyl and polyfluoroalkyl substances for residents of this State;
(d) Compile information relating to existing federal, state and local actions to monitor, contain and clean up environmental contamination resulting from perfluoroalkyl and polyfluoroalkyl substances; and
(e) Develop recommendations for state and local action to monitor, contain and clean up environmental contamination resulting from perfluoroalkyl and polyfluoroalkyl substances.
3. The members of the working group serve without compensation.
4. As used in this section, public agency means an agency, bureau, board, commission, department or division of the State of Nevada or a political subdivision of the State of Nevada.
Sec. 15. Chapter 597 of NRS is hereby amended by adding thereto the provisions set forth as sections 16 to 26, inclusive, of this act.
Sec. 16. As used in sections 16 to 26, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 17 to 23, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 17. Business textile means a textile designed for use in a business or commercial setting as a covering on windows or walls.
Sec. 18. Child means a person under 12 years of age.
Sec. 19. 1. Childrens product means a product primarily designed or intended by a manufacturer to be used by or for a child, including, without limitation, any article used as a component of such a product.
2. The term does not include:
(a) Food, beverage, dietary supplement, pharmaceutical product or biologic;
(b) A childrens toy that meets the requirements of the most recent version of the ASTM International Standard F963, Standard Consumer Safety Specification for Toy Safety;
κ2021 Statutes of Nevada, Page 482 (CHAPTER 112, AB 97)κ
(c) A device, as defined in the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 321(h);
(d) Consumer electronics products and electronic components, including, without limitation, personal computers, audio and video equipment, calculators, digital displays, wireless phones, cameras, game consoles, printers, handheld electronic and electrical devices used to access interactive software or associated peripherals or products that comply with the provisions of Directive 2002/95/EC of the European Union, adopted by the European Parliament and Council of the European Union;
(e) Outdoor sports equipment, including, without limitation, snowmobiles, all-terrain vehicles, personal watercraft, watercraft and off-highway vehicles, and all attachments and repair parts of such equipment; or
(f) A tent or sleeping bag.
Sec. 20. Mattress has the meaning ascribed to it in 16 C.F.R. § 1632.1.
Sec. 21. Organohalogenated chemical means any chemical that contains one or more carbon elements and one or more halogen elements, including, without limitation, fluorine, chlorine, bromine or iodine.
Sec. 22. Residential textile means a textile designed for residential use as a covering on windows or walls.
Sec. 23. Upholstered residential furniture means furniture with padding, coverings and cushions intended and sold for use in a residence.
Sec. 24. 1. Except as otherwise provided in subsection 3, a manufacturer or wholesaler shall not knowingly manufacture, sell, offer for sale, distribute for sale or distribute for use in this State a childrens product, upholstered residential furniture, residential textile, business textile or mattress that contains any flame-retardant organohalogenated chemical in any product component in amounts greater than 1,000 parts per million.
2. Except as otherwise provided in subsection 3, a retailer shall not sell or offer for sale or use in this State, a childrens product, upholstered residential furniture, residential textile, business textile or mattress that contains any flame-retardant organohalogenated chemical in any product component in amounts greater than 1,000 parts per million.
3. The provisions of this section do not apply to:
(a) The extent preempted by federal law;
(b) Any flame-retardant organohalogenated chemical that:
(1) Is a polymeric substance in accordance with the criteria set forth in 40 C.F.R. § 723.250, or is chemically reacted to form a polymer with the materials it is intended to protect; or
(2) Has a determination of safety pursuant to 15 U.S.C. § 2604(a)(3)(C) or 15 U.S.C. § 2605(b)(4);
(c) The sale or offer for sale of any previously owned product containing a flame-retardant organohalogenated chemical;
(d) An electronic component of a childrens product, mattress, upholstered residential furniture or residential textile or any associated casing;
κ2021 Statutes of Nevada, Page 483 (CHAPTER 112, AB 97)κ
(e) A childrens product, mattress, upholstered residential furniture or residential textile for which there is a federal or national flammability standard;
(f) Thread or fiber for stitching mattress components together; or
(g) Components of an adult mattress other than foam.
Sec. 25. A manufacturer shall not replace a flame-retardant organohalogenated chemical, the use of which is prohibited pursuant to section 24 of this act, with a chemical that has been identified by a state or federal agency on the basis of credible scientific evidence as being known or suspected to have a high degree of probability to:
1. Harm the normal development of a fetus or child or cause other developmental toxicity;
2. Cause cancer, genetic damage or reproductive harm;
3. Disrupt the endocrine system; or
4. Damage the nervous system, immune system or organs or cause other systemic toxicity.
Sec. 26. A person who willfully and knowingly violates the provisions of section 24 or 25 of this act is subject to a civil penalty not to exceed $1,000.
Sec. 27. 1. This section becomes effective upon passage and approval.
2. Sections 6 to 14.5, 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 provisions of sections 6 to 14.5, inclusive, of this act; and
(b) On January 1, 2022, for all other purposes.
3. Sections 1 to 5, inclusive, and 15 to 26, 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 provisions of sections 15 to 26, inclusive, of this act; and
(b) On July 1, 2022, for all other purposes.
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κ2021 Statutes of Nevada, Page 484κ
Assembly Bill No. 100Committee on Government Affairs
CHAPTER 113
[Approved: May 27, 2021]
AN ACT relating to wildfires; authorizing the State Forester Firewarden to enter into a cooperative agreement with federal, state and local agencies to create a fire board of directors; revising the duties of the State Forester Firewarden; creating the Wildland Fire Protection Program; authorizing the Commissioner of Insurance to create an insurance incentive program related to wildfires; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth various powers and duties of the State Forester Firewarden related to forest and watershed management and the protection of forests and other lands from fire. (NRS 472.040) Existing law further authorizes the State Forester Firewarden, under certain circumstances, to enter into: (1) cooperative agreements with the Federal Government for the purpose of securing cooperation in forest management and the protection of the forest and watershed areas of Nevada from fire; and (2) certain other agreements that will otherwise promote and encourage forest management and the protection from fire of forest or other lands having an inflammable cover. (NRS 472.050)
Section 2 of this bill authorizes the State Forester Firewarden to enter into a cooperative agreement with federal, state and local agencies for the purpose of creating a fire board of directors to ensure that agencies in this State work collaboratively to, without limitation: (1) determine and plan for best practices for wildfire suppression tactics and needs; (2) facilitate communication among the agencies when a wildfire occurs; and (3) develop policies that ensure a safe and effective response to a wildfire.
Section 4 of this bill requires the State Forester Firewarden to work collaboratively with and provide technical assistance to federal, state and local agencies and property owners to: (1) identify and mitigate the risks of wildfire to life, property and ecosystems; (2) restore and maintain landscape resiliency; (3) create and maintain fire-adapted communities and ignition-resistant communities; and (4) improve and support safe and effective responses to wildfires.
Existing law authorizes any fire protection district and boards of county commissioners to enter into cooperative agreements with the State Forester Firewarden, other counties, rangeland fire protection associations and other organizations and individuals to prevent and suppress outdoor fires. (NRS 472.060) Section 3 of this bill creates the Wildland Fire Protection Program in the Division of Forestry of the State Department of Conservation and Natural Resources and authorizes the State Forester Firewarden to enter into cooperative agreements with fire protection districts and boards of county commissioners to participate in the Wildland Fire Protection Program.
Existing law authorizes, under certain circumstances, the State Forester Firewarden to provide meals to employees of the Division who are involved in emergency fire fighting. (NRS 472.110) Section 5 of this bill authorizes, under certain circumstances, the State Forester Firewarden to also provide meals to employees of the Division who are involved in critical natural resource projects.
Existing law authorizes the State Forester Firewarden to prohibit or restrict certain activities on any lands within the jurisdiction of the State Forester Firewarden when a danger to public safety or natural resources exists because of conditions which create a high risk of fire.
κ2021 Statutes of Nevada, Page 485 (CHAPTER 113, AB 100)κ
which create a high risk of fire. (NRS 472.510) Section 6 of this bill requires the State Forester Firewarden to cooperate and collaborate with the relevant federal, state and local agencies in prohibiting or restricting such activities.
Sections 7 and 8 of this bill make conforming changes to indicate the placement of sections 2 and 3 in the Nevada Revised Statutes.
Section 9 of this bill authorizes the Commissioner of Insurance to create a program for insurers to provide incentives to promote and encourage property owners to take measures to mitigate the risk of property loss or damage caused by wildfire. If the Commissioner creates such a program, the Commissioner is required to consult with the State Forester Firewarden in determining the mitigation measures that will be included in 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. Chapter 472 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. The State Forester Firewarden, with the approval of the Director of the State Department of Conservation and Natural Resources, may enter into a cooperative agreement with federal, state and local agencies for the purpose of creating a fire board of directors to ensure, without limitation, that agencies in this State work collaboratively to:
1. Determine and plan for best practices for wildfire suppression tactics and needs;
2. Facilitate communication among the agencies when a wildfire occurs; and
3. Develop policies that ensure a safe and effective response to a wildfire.
Sec. 3. 1. The Wildland Fire Protection Program is hereby created in the Division of Forestry of the State Department of Conservation and Natural Resources to provide wildfire protection and resources throughout this State.
2. The State Forester Firewarden, with the approval of the Director of the State Department of Conservation and Natural Resources, may enter into cooperative agreements with any fire protection district or board of county commissioners to participate in the Wildland Fire Protection Program.
3. The Wildland Fire Protection Program may provide fire protection districts and boards of county commissioners who enter into the agreement to participate in the Wildland Fire Protection Program with resources for wildfire protection, firefighting and recovery, including, without limitation, technical assistance and labor, when available, to reduce the risk of wildfires in high to extreme wildfire risk areas and to reduce the cost of suppressing wildfires.
Sec. 4. NRS 472.040 is hereby amended to read as follows:
472.040 1. The State Forester Firewarden shall:
(a) Supervise or coordinate all forestry and watershed work on state-owned and privately owned lands, including fire control, in Nevada, working with federal agencies, private associations, counties, towns, cities or private persons.
κ2021 Statutes of Nevada, Page 486 (CHAPTER 113, AB 100)κ
(b) Administer all fire control laws and all forestry laws in Nevada outside of townsite boundaries, and perform any other duties designated by the Director of the State Department of Conservation and Natural Resources or by state law.
(c) Assist and encourage county or local fire protection districts to create legally constituted fire protection districts where they are needed and offer guidance and advice in their operation.
(d) Designate the boundaries of each area of the State where the construction of buildings on forested lands creates such a fire hazard as to require the regulation of roofing materials.
(e) Adopt and enforce regulations relating to standards for fire retardant roofing materials to be used in the construction, alteration, change or repair of buildings located within the boundaries of fire hazardous forested areas.
(f) Purchase communication equipment which can use the microwave channels of the state communications system and store this equipment in regional locations for use in emergencies.
(g) Administer money appropriated and grants awarded for fire prevention, fire control and the education of firefighters and award grants of money for those purposes to fire departments and educational institutions in this State.
(h) Determine the amount of wages that must be paid to offenders who participate in conservation camps and who perform work relating to fire fighting and other work projects of conservation camps.
(i) Cooperate with the State Fire Marshal in the enforcement of all laws and the adoption of regulations relating to the prevention of fire through the management of vegetation in counties located within or partially within the Lake Tahoe Basin and the Lake Mead Basin.
(j) Assess the codes, rules and regulations which are adopted by other agencies that have specific regulatory authority within the Lake Tahoe Basin and the Lake Mead Basin, and which are not subject to the authority of a state or local fire agency, for consistency with fire codes, rules and regulations.
(k) Ensure that any adopted regulations are consistent with those of fire protection districts created pursuant to chapter 318 or 474 of NRS.
(l) Upon the request of the State Engineer, review a plan submitted with an application for the issuance of a temporary permit pursuant to NRS 533.436.
(m) Work collaboratively with and provide technical assistance to federal, state and local agencies and property owners to:
(1) Identify and mitigate the risks of wildfire to life, property and ecosystems;
(2) Restore and maintain landscape resiliency;
(3) Create and maintain fire-adapted communities and ignition-resistant communities; and
(4) Improve and support safe and effective responses to wildfire.
2. The State Forester Firewarden in carrying out the provisions of this chapter may:
(a) Appoint paid foresters and firewardens to enforce the provisions of the laws of this State respecting forest and watershed management or the protection of forests and other lands from fire, subject to the approval of the board of county commissioners of each county concerned.
κ2021 Statutes of Nevada, Page 487 (CHAPTER 113, AB 100)κ
(b) Appoint suitable citizen-wardens. Citizen-wardens serve voluntarily except that they may receive compensation when an emergency is declared by the State Forester Firewarden.
(c) Appoint, upon the recommendation of the appropriate federal officials, resident officers of the United States Forest Service and the United States Bureau of Land Management as voluntary firewardens. Voluntary firewardens are not entitled to compensation for their services.
(d) Appoint certain paid foresters or firewardens to be arson investigators.
(e) Employ, with the consent of the Director of the State Department of Conservation and Natural Resources, clerical assistance, county and district coordinators, patrol officers, firefighters, and other employees as needed, and expend such sums as may be necessarily incurred for this purpose.
(f) Purchase, or acquire by donation, supplies, material, equipment and improvements necessary to fire protection and forest and watershed management.
(g) With the approval of the Director of the State Department of Conservation and Natural Resources and the State Board of Examiners, purchase or accept the donation of real property to be used for lookout sites and for other administrative, experimental or demonstration purposes. No real property may be purchased or accepted unless an examination of the title shows the property to be free from encumbrances, with title vested in the grantor. The title to the real property must be examined and approved by the Attorney General.
(h) Expend any money appropriated by the State to the Division of Forestry of the State Department of Conservation and Natural Resources for paying expenses incurred in fighting fires or in emergencies which threaten human life.
3. The State Forester Firewarden, in carrying out the powers and duties granted in this section, is subject to administrative supervision by the Director of the State Department of Conservation and Natural Resources.
Sec. 5. NRS 472.110 is hereby amended to read as follows:
472.110 The State Forester Firewarden may provide meals to employees of the Division of Forestry of the State Department of Conservation and Natural Resources who are involved in emergency fire fighting or critical natural resource projects if the State Forester Firewarden determines that it is impractical for the employees to eat at home because of their duties in that emergency [.] or on that assignment.
Sec. 6. NRS 472.510 is hereby amended to read as follows:
472.510 1. The State Forester Firewarden may prohibit or restrict the following activities on any lands within the jurisdiction of the State Forester Firewarden when a danger to public safety or natural resources exists because of conditions which create a high risk of fire:
(a) The operation in an area of timber, brush or grass of a motor vehicle or other item of equipment powered by a motor:
(1) If the motor does not have a spark arrestor as required by law; or
(2) If the operator does not have in his or her possession an ax, shovel and at least 1 gallon of water;
(b) The operation in an area of timber, brush or grass of a motor vehicle off an existing paved, gravel or dirt road;
(c) The smoking of tobacco or other substances in any place other than a motor vehicle or an area cleared of flammable vegetation;
κ2021 Statutes of Nevada, Page 488 (CHAPTER 113, AB 100)κ
(d) Setting an open fire in any place other than in a fireplace located in an established picnic area or campground; or
(e) Other activities, if specified in regulations adopted by the State Forester Firewarden and the prohibition or restriction is related to reducing a high risk of fire,
Κ but these prohibitions and restrictions do not apply in established campgrounds or picnic areas, beaches or places of habitation or to travel on state or federal highways.
2. The State Forester Firewarden shall make a public announcement and post signs in any area where the State Forester Firewarden has prohibited or restricted any activities.
3. The State Forester Firewarden shall, upon finding that a danger to public safety or to natural resources no longer exists, make known to the public the end of any prohibition or restriction in that area.
4. The State Forester Firewarden shall cooperate and collaborate with the relevant federal, state and local agencies in prohibiting or restricting activities pursuant to this section.
5. The provisions of this section apply only to specified prohibitions or restrictions and do not confer upon the State Forester Firewarden the power to prohibit access to land.
[5.] 6. Any person violating any of the provisions of [this section] subsection 1 is guilty of a misdemeanor.
Sec. 7. NRS 474.167 is hereby amended to read as follows:
474.167 The board of directors of a county fire protection district shall cooperate with the State Forester Firewarden and other agencies as provided in NRS 472.040 to 472.090, inclusive, and sections 2 and 3 of this act to prevent and suppress fires in wild lands, and may contribute suitable amounts of money from the sums raised as provided in NRS 474.200 for that purpose to cooperating agencies, or may receive contributions from other agencies to be spent for that purpose.
Sec. 8. NRS 474.490 is hereby amended to read as follows:
474.490 The board of fire commissioners shall cooperate with the State Forester Firewarden and other agencies as provided in NRS 472.040 to 472.090, inclusive, and sections 2 and 3 of this act to prevent and suppress fires in wild lands, and may contribute suitable amounts of money from the sums raised as provided in NRS 474.510 for that purpose to cooperating agencies, or may receive contributions from other agencies to be spent for that purpose.
Sec. 9. Chapter 679B of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Commissioner may create a program for insurers to provide incentives to promote and encourage property owners to take measures to mitigate the risk of property loss or damage caused by wildfire.
2. If the Commissioner creates a program pursuant to subsection 1, the Commissioner must consult with the State Forester Firewarden in determining the mitigation measures that that will be included in the program.
Sec. 10. This act becomes effective on July 1, 2021.
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κ2021 Statutes of Nevada, Page 489κ
Assembly Bill No. 107Assemblyman Yeager
CHAPTER 114
[Approved: May 27, 2021]
AN ACT relating to civil actions; revising the procedure for determining whether a person may prosecute or defend a civil action without paying costs; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that any person who desires to prosecute or defend a civil action may: (1) file an affidavit with the court alleging that he or she is unable to prosecute or defend the action because he or she is unable to pay the costs of prosecuting or defending the action; or (2) submit a statement or otherwise indicate to the court that he or she is a client of a program for legal aid. If the court is satisfied that a person who files such an affidavit is unable to pay the costs of prosecuting or defending the action or if the court finds that a person is a client of a program for legal aid, the court must order the clerk of the court to allow the person to commence or defend the action without costs and to file or issue any necessary writ, process, pleading or paper without charge. The court must also require that service of documents be made without charge. (NRS 12.015)
This bill revises this procedure to require a person who wishes to prosecute or defend a civil action without paying costs to: (1) file an application to proceed as an indigent litigant; or (2) if the person is a client of a program for legal aid, submit to the court a statement of legal representation or otherwise indicate to the court that the person is a client of a program for legal aid. This bill also establishes certain criteria for the court to use in determining whether to grant an application to proceed as an indigent litigant and prosecute or defend the civil action without paying costs.
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 12.015 is hereby amended to read as follows:
12.015 1. Any person who desires to prosecute or defend a civil action [may:
(a) File an affidavit with the court setting forth with particularity facts concerning the persons income, property and other resources which establish that the person is unable to prosecute or defend the action because the person is unable to pay the costs of so doing; or
(b) Submit a statement or otherwise indicate to the court that the person is a client of a program for legal aid.] without paying the costs for prosecuting or defending the action may:
(a) File, on a form provided by the court, an application to proceed as an indigent litigant, which must include a declaration that complies with the provisions of NRS 53.045; or
(b) If the person is a client of a program for legal aid, submit to the court a statement of representation or otherwise indicate to the court that the person is a client of a program for legal aid.
κ2021 Statutes of Nevada, Page 490 (CHAPTER 114, AB 107)κ
2. [If the court is satisfied that a person who files an affidavit pursuant to subsection 1 is unable to pay the costs of prosecuting or defending the action or if the court finds that a person is a client of a program for legal aid, the court shall order:
(a) The clerk of the court:
(1) To allow the person to commence or defend the action without costs; and
(2) To file or issue any necessary writ, process, pleading or paper without charge.
(b) The sheriff or other appropriate public officer within this State to make personal service of any necessary writ, process, pleading or paper without charge.] The court shall allow a person to commence or defend the action without costs and file or issue any necessary writ, process, pleading or paper without charge if:
(a) Based on its review of an application filed pursuant to paragraph (a) of subsection 1, the court determines that the application should be granted and the person may proceed as an indigent litigant because the person:
(1) Is receiving benefits provided by a federal or state program of public assistance;
(2) Has a household net income which is equal to or less than 150 percent of the federally designated level signifying poverty as provided in the most recent federal poverty guidelines published in the Federal Register by the United States Department of Health and Human Services;
(3) Has expenses for the necessities of life that exceed his or her income; or
(4) Has otherwise shown compelling reasons that he or she cannot pay the costs of prosecuting or defending the action.
(b) The person has submitted a statement of representation or otherwise indicated to the court that the person is a client of a program for legal aid pursuant to paragraph (b) of subsection 1.
Κ The sheriff or another appropriate public officer within this State shall make personal service of any necessary writ, process, pleading or paper without charge for an applicant whose application has been granted or a person who has submitted a statement of legal representation or otherwise indicated to the court that the person is a client of a program for legal aid.
3. If the person is required to have proceedings reported or recorded, or if the court determines that the reporting, recording or transcription of proceedings would be helpful to the adjudication or appellate review of the case, the court shall order that the reporting, recording or transcription be performed at the expense of the county in which the action is pending but at a reduced rate as set by the county.
4. If the person prevails in the action, the court shall enter its order requiring the losing party to pay into court within 5 days the costs which would have been incurred by the prevailing party, and those costs must then be paid as provided by law.
5. [Where the affidavit establishes that the person is unable] If an applicant files an application to proceed as an indigent litigant pursuant to paragraph (a) of subsection 1 to defend an action, the running of the time within which to appear and answer or otherwise defend the action is tolled during the period between the filing of the [affidavit] application and the [ruling] decision of the court [thereon.] to grant or deny the application.
κ2021 Statutes of Nevada, Page 491 (CHAPTER 114, AB 107)κ
6. [An affidavit filed] The filing of an application to proceed as an indigent litigant pursuant to [this section,] paragraph (a) of subsection 1 and any application or request [for an order] filed with the [affidavit, does] application and the submission of a statement of legal representation or other indication to the court that the person is a client of a program for legal aid pursuant to paragraph (b) of subsection 1 do not constitute a general appearance before the court by the [affiant] applicant or person or give the court personal jurisdiction over the [affiant.] applicant or person.
7. The [order] decision of [the] a court [to which] granting or denying an application [is made] to proceed as an indigent litigant filed pursuant to [this section] paragraph (a) of subsection 1 is not appealable.
8. As used in this section, client of a program for legal aid means a person:
(a) Who is represented by an attorney who is employed by or volunteering for a program for legal aid organized under the auspices of the State Bar of Nevada, a county or local bar association, a county or municipal program for legal services or other program funded by this State or the United States to provide legal assistance to indigent persons; and
(b) Whose eligibility for such representation is based upon indigency.
Sec. 2. This act becomes effective 30 days after passage and approval.
________
Assembly Bill No. 109Committee on Education
CHAPTER 115
[Approved: May 27, 2021]
AN ACT relating to education; revising requirements for teachers who provide instruction at a charter school; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, at least 70 percent of teachers who provide instruction at a charter school must demonstrate experience and qualifications through licensure or subject matter expertise. Existing law provides that teachers who teach certain subjects at a charter school must be licensed. Under existing law, a charter school may employ a person to teach who does not have a license or subject matter expertise if the person meets certain requirements. (NRS 388A.518) Section 1 of this bill instead requires that at least 80 percent of teachers who provide instruction at a charter school hold a license or endorsement to teach in this State. Section 1 requires a person who provides instruction in a core academic subject hold a license to teach. Section 1 removes references to having subject matter expertise and instead requires that a person hold a license or endorsement to teach or meet certain other requirements.
Section 6 of this bill makes a conforming change related to the removal of references to subject matter expertise. Section 8 of this bill provides that a teacher who: (1) is employed to teach at a charter school on or before July 1, 2021; (2) does not have a license to teach; and (3) would be required to obtain a license to teach as a result of the changes in section 1 may continue to teach at the charter school without obtaining a license until July 1, 2026.
κ2021 Statutes of Nevada, Page 492 (CHAPTER 115, AB 109)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 388A.518 is hereby amended to read as follows:
388A.518 1. Except as otherwise provided in this [subsection,] section, at least [70] 80 percent of the teachers who provide instruction at a charter school must [demonstrate experience and qualifications through licensure or subject matter expertise. If a charter school operates a vocational school, the charter school shall, to the extent practicable, ensure that at least 70 percent of the teachers who provide instruction at the school demonstrate experience and qualifications through licensure or subject matter expertise, but in no event may less than 50 percent of the teachers who provide instruction at the school demonstrate experience and qualifications through licensure or subject matter expertise.] hold a license or endorsement to teach issued by the Superintendent of Public Instruction pursuant to chapter 391 of NRS.
2. If a charter school specializes [in:
(a) Arts and humanities, physical education or health education, a teacher must demonstrate experience and qualifications through licensure or subject matter expertise to teach those courses of study.
(b) The] in the construction industry or other building industry, teachers who are employed full-time to teach courses of study relating to business and industry [must:
(1) Demonstrate experience and qualifications through subject matter expertise; or
(2) Hold] must hold a license or endorsement issued by the Superintendent of Public Instruction [which contains an endorsement] pursuant to chapter 391 of NRS to teach such courses.
3. A teacher who is employed by a charter school, regardless of the date of hire, must [demonstrate experience and qualifications through licensure or subject matter expertise] be licensed to teach pursuant to chapter 391 of NRS if the teacher teaches one or more of the [following subjects:
(a) English language arts;
(b) Mathematics;
(c) Science;
(d) A foreign or world language;
(e) Civics or government;
(f) Economics;
(g) Geography;
(h) History; or
(i) The arts.] core academic subjects designated pursuant to NRS 389.018.
4. Except as otherwise provided in NRS 388A.515, a charter school may employ a person who does not [demonstrate experience and qualifications through licensure or subject matter expertise] hold a license or endorsement to teach issued by the Superintendent of Public Instruction pursuant to chapter 391 of NRS to teach a course of study for which a teacher is not required to [demonstrate such experience and qualifications] hold a license or endorsement if the person has:
κ2021 Statutes of Nevada, Page 493 (CHAPTER 115, AB 109)κ
qualifications through licensure or subject matter expertise] hold a license or endorsement to teach issued by the Superintendent of Public Instruction pursuant to chapter 391 of NRS to teach a course of study for which a teacher is not required to [demonstrate such experience and qualifications] hold a license or endorsement if the person has:
(a) A degree, a license or a certificate in the field for which the person is employed to teach at the charter school; and
(b) At least 2 years of experience in that field.
5. A teacher who is employed by a charter school to teach special education or English as a second language must be licensed to teach special education or English as a second language, as applicable.
[6. For purposes of this section, a teacher demonstrates experience and qualifications through licensure or subject matter expertise:
(a) If the teacher is employed by a charter school that has not received, within the immediately preceding 2 consecutive school years, one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools, or equivalent ratings in another state, as determined by the Department, and the:
(1) Overall performance of the teacher has been reported as effective or highly effective, in accordance with the regulations adopted by the State Public Charter School Authority; and
(2) Teacher is licensed to teach pursuant to chapter 391 of NRS.
(b) If the teacher is employed by a charter school that has received, within the immediately preceding 2 consecutive school years, one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools, or equivalent ratings in another state, as determined by the Department, and the:
(1) Overall performance of the teacher has been reported as effective or highly effective, in accordance with the regulations adopted by the State Public Charter School Authority, regardless of whether the teacher is licensed to teach pursuant to chapter 391 of NRS; or
(2) The teacher holds a bachelors degree or a graduate degree from an accredited college or university and has demonstrated expertise in the subject area for which the teacher provides instruction on an assessment approved by the Department, in consultation with sponsors of charter schools described in this paragraph, regardless of whether the teacher is licensed to teach pursuant to chapter 391 of NRS.
7. If a charter school that has received within the immediately preceding 2 consecutive school years, one of the three highest ratings of performance pursuant to the statewide system of accountability for public schools, or equivalent ratings in another state, as determined by the Department, intends to employ persons to teach who are not licensed, the charter school shall within 3 years:
(a) Obtain approval for and offer an alternative route to licensure pursuant to NRS 391.019; or
κ2021 Statutes of Nevada, Page 494 (CHAPTER 115, AB 109)κ
(b) Enter into an agreement with a qualified provider of an alternative route to licensure to provide the required education and training to unlicensed teachers who are employed by the school to teach such a course of study.]
Secs. 2-5. (Deleted by amendment.)
Sec. 6. NRS 391.170 is hereby amended to read as follows:
391.170 1. Except as otherwise provided in subsection 2, a teacher or other employee for whom a license is required is not entitled to receive any portion of public money for schools as compensation for services rendered unless he or she:
(a) Is legally employed by the board of trustees of the school district or the governing body of the charter school in which he or she is teaching or performing other educational functions.
(b) Has a license authorizing him or her to teach or perform other educational functions at the level and, except as otherwise provided in NRS 391.125, in the field for which he or she is employed, issued in accordance with law and in full force at the time the services are rendered.
2. The provisions of subsection 1 do not prohibit the payment of public money to teachers or other employees who are employed by a charter school who are not required to [demonstrate experience and qualifications through licensure or subject matter expertise] hold a license or endorsement to teach pursuant to the provisions of NRS 388A.518.
Sec. 7. (Deleted by amendment.)
Sec. 8. Notwithstanding the amendatory provisions of this act, a teacher who is employed by a charter school on or before July 1, 2021, to provide instruction at the charter school but not licensed to teach, and who, because of that employment, is required by NRS 388A.518, as amended by section 1 of this act, to be licensed as a teacher pursuant to chapter 391 of NRS, may continue to provide instruction at the charter school without obtaining a license to teach until July 1, 2026.
Sec. 9. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 495κ
Assembly Bill No. 111Assemblymen Frierson, Monroe-Moreno, Yeager, Nguyen, Benitez-Thompson; and Roberts
CHAPTER 116
[Approved: May 27, 2021]
AN ACT relating to peace officers; revising provisions relating to the membership of the Peace Officers Standards and Training Commission; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Peace Officers Standards and Training Commission, consisting of nine members appointed by the Governor. (NRS 289.500) This bill increases the membership of the Commission to 11 members and requires the Majority Leader of the Senate and the Speaker of the Assembly each to appoint one member who is not a peace officer and who has demonstrated expertise in one or more of the following areas: (1) implicit and explicit bias; (2) cultural competency; (3) mental health as it relates to policing and law enforcement; and (4) working with certain vulnerable populations. This bill also requires the Governor, the Majority Leader of the Senate and the Speaker of the Assembly to consider the racial, gender and ethnic diversity of the Commission when making appointments to the Commission.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1 and 2. (Deleted by amendment.)
Sec. 2.5. NRS 289.500 is hereby amended to read as follows:
289.500 1. The Peace Officers Standards and Training Commission, consisting of [nine] 11 members [appointed by the Governor,] is hereby created. The Governor shall appoint [:] 9 members to the Commission as follows:
(a) Two members from Clark County, one of whom must be from a metropolitan police department created pursuant to chapter 280 of NRS if one exists in Clark County;
(b) One member from Washoe County;
(c) Three members from counties other than Clark and Washoe Counties;
(d) One member from a state law enforcement agency that primarily employs peace officers required to receive training as category I peace officers;
(e) One member who is a category II peace officer; and
(f) One member who is a category III peace officer.
κ2021 Statutes of Nevada, Page 496 (CHAPTER 116, AB 111)κ
2. The Majority Leader of the Senate and the Speaker of the Assembly shall each appoint to the Commission one member who is not a peace officer. A member appointed pursuant to this subsection must have demonstrated expertise in one or more of the following areas:
(a) Implicit and explicit bias.
(b) Cultural competency.
(c) Mental health as it relates to policing and law enforcement engagement.
(d) Working with children, elderly persons, persons who are pregnant, persons experiencing mental health crises, persons with physical, intellectual or developmental disabilities or persons from other vulnerable populations.
3. Members of the Commission serve terms of 2 years. Members serve without compensation, but are entitled to the per diem allowance and travel expenses provided for state officers and employees generally.
[3.] 4. The Governor shall make the appointments to the Commission from recommendations submitted by Clark County, Washoe County, professional organizations of sheriffs and police chiefs of this State and employee organizations that represent only peace officers of this State who are certified by the Commission.
5. In making the appointments to the Commission, the Governor, the Majority Leader of the Senate and the Speaker of the Assembly shall consider the racial, gender and ethnic diversity of the Commission.
Sec. 3. 1. This section becomes effective upon passage and approval.
2. Section 2.5 of this act becomes effective upon passage and approval for the purposes of appointing members to the Peace Officers Standards and Training Commission pursuant to subsection 2 of NRS 289.500, as amended by section 2.5 of this act and on July 1, 2021, for all other purposes.
________
κ2021 Statutes of Nevada, Page 497κ
Assembly Bill No. 112Assemblymen Marzola and Yeager
CHAPTER 117
[Approved: May 27, 2021]
AN ACT relating to minors; revising provisions relating to compromised claims of a minor; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that if an unemancipated minor has a disputed claim for money against a third person, the parent or guardian of the minor has the right to compromise the claim by filing a verified petition in writing with the appropriate district court. The petition must provide an apportionment of the total proceeds of the proposed compromise, including all fees and expenses owed from the total proceeds. If the petition is approved by the district court, with the proceeds of the compromise, the parent or guardian must establish a blocked financial investment for the benefit of the minor, which means a savings account, a certificate of deposit, a United States savings bond, a fixed or variable annuity contract, or another reliable investment that is approved by the court. (NRS 41.200)
This bill provides that: (1) if the net proceeds of the compromise are $2,500 or less, according to the required apportionment of fees and expenses in the petition, the parent or guardian is not required to establish a blocked financial investment and may use the proceeds at his or her discretion for the benefit of the minor, in compliance with any terms or conditions ordered by the court; and (2) the court may, at its discretion, close the case. This bill also revises the definition of the term blocked financial investment to allow a savings account to be established in any financial institution, as opposed to only a depository institution.
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 41.200 is hereby amended to read as follows:
41.200 1. If an unemancipated minor has a disputed claim for money against a third person, either parent, or if the parents of the minor are living separate and apart, then the custodial parent, or if no custody award has been made, the parent with whom the minor is living, or if a general guardian or guardian of the estate of the minor has been appointed, then that guardian, has the right to compromise the claim. Such a compromise is not effective until it is approved by the district court of the county where the minor resides, or if the minor is not a resident of the State of Nevada, then by the district court of the county where the claim was incurred, upon a verified petition in writing, regularly filed with the court.
2. The petition must set forth:
(a) The name, age and residence of the minor;
(b) The facts which bring the minor within the purview of this section, including:
(1) The circumstances which make it a disputed claim for money;
(2) The name of the third person against whom the claim is made; and
κ2021 Statutes of Nevada, Page 498 (CHAPTER 117, AB 112)κ
(3) If the claim is the result of an accident or motor vehicle crash, the date, place and facts of the accident or motor vehicle crash;
(c) The names and residence of the parents or the legal guardian of the minor;
(d) The name and residence of the person or persons having physical custody or control of the minor;
(e) The name and residence of the petitioner and the relationship of the petitioner to the minor;
(f) The total amount of the proceeds of the proposed compromise and the apportionment of those proceeds, including the amount to be used for:
(1) Attorneys fees and whether the attorneys fees are fixed or contingent fees, and if the attorneys fees are contingent fees the percentage of the proceeds to be paid as attorneys fees;
(2) Medical expenses; and
(3) Other expenses,
Κ and whether these fees and expenses are to be deducted before or after the calculation of any contingency fee;
(g) Whether the petitioner believes the acceptance of this compromise is in the best interest of the minor; and
(h) That the petitioner has been advised and understands that acceptance of the compromise will bar the minor from seeking further relief from the third person offering the compromise.
3. If the claim involves a personal injury suffered by the minor, the petitioner must submit all relevant medical and health care records to the court at the compromise hearing. The records must include documentation of:
(a) The injury, prognosis, treatment and progress of recovery of the minor; and
(b) The amount of medical expenses incurred to date, the nature and amount of medical expenses which have been paid and by whom, any amount owing for medical expenses and an estimate of the amount of medical expenses which may be incurred in the future.
4. If the court approves the compromise of the claim of the minor, the court must direct the money to be paid to a parent or guardian of the minor, with or without the filing of any bond, or it must require a general guardian or guardian ad litem to be appointed and the money to be paid to the guardian or guardian ad litem, with or without a bond, as the court, in its discretion, deems to be in the best interests of the minor.
5. Upon [receiving] receipt or distribution of the total amount of the proceeds of the compromise [,] as described in paragraph (f) of subsection 2, and after deducting from the total proceeds the amount of fees and expenses owed or paid pursuant to the apportionment described in paragraph (f) of subsection 2:
(a) If the net proceeds of the compromise are more than $2,500, the parent or guardian to whom the proceeds of the compromise are ordered to be paid [,] shall establish a blocked financial investment for the benefit of the minor with the proceeds of the compromise. Money may be obtained from the blocked financial investment only pursuant to subsection 6.
κ2021 Statutes of Nevada, Page 499 (CHAPTER 117, AB 112)κ
to subsection 6. Within 30 days after receiving the proceeds of the compromise, the parent or guardian shall file with the court proof that the blocked financial investment has been established. If the balance of the investment is more than $10,000, the parent, guardian or person in charge of managing the investment shall annually file with the court a verified report detailing the activities of the investment during the previous 12 months. If the balance of the investment is $10,000 or less, the court may order the parent, guardian or person in charge of managing the investment to file such periodic verified reports as the court deems appropriate. The court may hold a hearing on a verified report only if it deems a hearing necessary to receive an explanation of the activities of the investment.
(b) If the net proceeds of the compromise are $2,500 or less, the parent or guardian to whom the proceeds of the compromise are ordered to be paid may use the proceeds at his or her discretion for the benefit of the minor, in compliance with any terms or conditions ordered by the court. The court may, at its discretion, close the case.
6. The beneficiary of a blocked financial investment may obtain control of or money from the investment:
(a) By an order of the court which held the compromise hearing; or
(b) By certification of the court which held the compromise hearing that the beneficiary has reached the age of 18 years, at which time control of the investment must be transferred to the beneficiary or the investment must be closed and the money distributed to the beneficiary.
7. The clerk of the district court shall not charge any fee for filing a petition for leave to compromise or for placing the petition upon the calendar to be heard by the court.
8. As used in this section, [the term] blocked financial investment means a savings account established in a [depository] financial institution in this State, a certificate of deposit, a United States savings bond, a fixed or variable annuity contract, or another reliable investment that is approved by the court.
________
κ2021 Statutes of Nevada, Page 500κ
Assembly Bill No. 130Assemblymen Flores; Anderson, Brown-May, Considine, Duran, Gonzαlez, Martinez, Summers-Armstrong, Thomas and Torres
Joint Sponsor: Senator Donate
CHAPTER 118
[Approved: May 27, 2021]
AN ACT relating to insurance; requiring insurance companies to offer uninsured and underinsured vehicle coverage in policies that cover motorcycles; requiring insurance companies to offer the option of covering certain medical expenses in policies that cover motorcycles; clarifying that certain provisions for the reduction in the premium paid for a motor vehicle insurance policy do not apply to motorcycles; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires every owner of a motor vehicle which is registered or required to be registered in this State, except an owner of a moped, to continuously provide insurance from a licensed insurance company in certain amounts for the payment of tort liabilities arising from the maintenance or use of the motor vehicle. (NRS 485.185) Existing law requires such insurance companies to offer uninsured and underinsured vehicle coverage in an amount equal to the limits of coverage for bodily injury sold to an insured person. Under existing law, this option only applies to policies that cover passenger cars. (NRS 687B.145) Section 1 of this bill requires such uninsured and underinsured vehicle coverage to also apply to policies that cover motorcycles.
Existing law requires such insurance companies to offer to insured persons the option of purchasing coverage in an amount of at least $1,000 for the payment of reasonable and necessary medical expenses resulting from a crash. Under existing law, this option only applies to policies that cover passenger cars. (NRS 687B.145) Section 1 requires this option to also apply to policies that cover motorcycles.
Existing law requires a policy of motor vehicle insurance which includes coverage of medical expenses or uninsured and underinsured motorists coverage, or both, to contain a provision for the reduction in the premium paid for such coverage if the motor vehicle is equipped with or contains certain safety devices. (NRS 690B.031) Section 2 of this bill makes a change in conformance with section 1 by clarifying that such provisions do not apply to motorcycles.
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 687B.145 is hereby amended to read as follows:
687B.145 1. Any policy of insurance or endorsement providing coverage under the provisions of NRS 690B.020 or other policy of casualty insurance may provide that if the insured has coverage available to the insured under more than one policy or provision of coverage, any recovery or benefits may equal but not exceed the higher of the applicable limits of the respective coverages, and the recovery or benefits must be prorated between the applicable coverages in the proportion that their respective limits bear to the aggregate of their limits.
κ2021 Statutes of Nevada, Page 501 (CHAPTER 118, AB 130)κ
the aggregate of their limits. Any provision which limits benefits pursuant to this section must be in clear language and be prominently displayed in the policy, binder or endorsement. Any limiting provision is void if the named insured has purchased separate coverage on the same risk and has paid a premium calculated for full reimbursement under that coverage.
2. Except as otherwise provided in subsection 5, insurance companies transacting motor vehicle insurance in this State must offer, on a form approved by the Commissioner, uninsured and underinsured vehicle coverage in an amount equal to the limits of coverage for bodily injury sold to an insured under a policy of insurance covering the use of a passenger car [.] or motorcycle. The insurer is not required to reoffer the coverage to the insured in any replacement, reinstatement, substitute or amended policy, but the insured may purchase the coverage by requesting it in writing from the insurer. Each renewal must include a copy of the form offering such coverage. Uninsured and underinsured vehicle coverage must include a provision which enables the insured to recover up to the limits of the insureds own coverage any amount of damages for bodily injury from the insureds insurer which the insured is legally entitled to recover from the owner or operator of the other vehicle to the extent that those damages exceed the limits of the coverage for bodily injury carried by that owner or operator. If an insured suffers actual damages subject to the limitation of liability provided pursuant to NRS 41.035, underinsured vehicle coverage must include a provision which enables the insured to recover up to the limits of the insureds own coverage any amount of damages for bodily injury from the insureds insurer for the actual damages suffered by the insured that exceed that limitation of liability.
3. An insurance company transacting motor vehicle insurance in this State must offer an insured under a policy covering the use of a passenger car [,] or motorcycle, the option of purchasing coverage in an amount of at least $1,000 for the payment of reasonable and necessary medical expenses resulting from a crash. The offer must be made on a form approved by the Commissioner. The insurer is not required to reoffer the coverage to the insured in any replacement, reinstatement, substitute or amended policy, but the insured may purchase the coverage by requesting it in writing from the insurer. Each renewal must include a copy of the form offering such coverage.
4. An insurer who makes a payment to an injured person on account of underinsured vehicle coverage as described in subsection 2 is not entitled to subrogation against the underinsured motorist who is liable for damages to the injured payee. This subsection does not affect the right or remedy of an insurer under subsection 5 of NRS 690B.020 with respect to uninsured vehicle coverage. As used in this subsection, damages means the amount for which the underinsured motorist is alleged to be liable to the claimant in excess of the limits of bodily injury coverage set by the underinsured motorists policy of casualty insurance.
5. An insurer need not offer, provide or make available uninsured or underinsured vehicle coverage in connection with a general commercial liability policy, an excess policy, an umbrella policy or other policy that does not provide primary motor vehicle insurance for liabilities arising out of the ownership, maintenance, operation or use of a specifically insured motor vehicle.
κ2021 Statutes of Nevada, Page 502 (CHAPTER 118, AB 130)κ
6. As used in this section:
(a) Excess policy means a policy that protects a person against loss in excess of a stated amount or in excess of coverage provided pursuant to another insurance contract.
(b) Motorcycle has the meaning ascribed to it in NRS 482.070.
(c) Passenger car has the meaning ascribed to it in NRS 482.087.
[(c)] (d) Umbrella policy means a policy that protects a person against losses in excess of the underlying amount required to be covered by other policies.
Sec. 2. NRS 690B.031 is hereby amended to read as follows:
690B.031 1. A policy of insurance providing coverage arising out of the ownership, maintenance or use of a motor vehicle , other than a motorcycle, which is delivered or issued for delivery in this State and includes coverage for the payment of reasonable and necessary medical expenses or uninsured and underinsured motorists coverage, or both, must contain a provision for the reduction in the premium for such coverage if the motor vehicle:
(a) Is equipped with an air bag on the drivers side of the front seat or air bags on the drivers side and passengers side of the front seat; and
(b) Contains any other safety device, other than safety belts, which substantially enhances the safety of the occupants of the motor vehicle.
2. The reduction in premiums required by subsection 1 must be based upon the actuarial and loss experience data available to each insurer and must be approved by the Commissioner. The insurer may offer additional reductions in premiums pursuant to the requirements set forth in subsection 1 if they are approved by the Commissioner. Each reduction must be calculated based on the amount of the premium before any reduction in that premium is made pursuant to this section, and not on the amount of the premium once it has been reduced.
3. The Commissioner shall review and approve or disapprove each policy of insurance that offers a reduction in the premiums provided for in this section. An insurer must receive the written approval of the Commissioner before delivering or issuing for delivery a policy that provides for such a reduction.
________
κ2021 Statutes of Nevada, Page 503κ
Assembly Bill No. 136Assemblywomen Bilbray-Axelrod and Cohen
CHAPTER 119
[Approved: May 27, 2021]
AN ACT relating to intercollegiate athletics; adopting changes promulgated by the Uniform Law Commission to the Revised Uniform Athlete Agents Act (2015) relating to prohibited acts by athlete agents; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Revised Uniform Athlete Agents Act (2015), promulgated by the Uniform Law Commission, was enacted by the Nevada Legislature in 2017, replacing the Uniform Athlete Agents Act. (Chapter 398A of NRS; Assembly Bill No. 372, chapter 314, Statutes of Nevada 2017, at page 1708) Among other prohibited acts set forth in existing law, the Act currently provides that an athlete agent, with the intent to influence a student athlete or, if the athlete is a minor, a parent or guardian of the athlete to enter into an agency contract, may not take any of the following actions or encourage any other individual to take or assist any other individual in taking any of the following actions on behalf of the agent: (1) furnish anything of value to the athlete before the athlete enters into the contract; or (2) furnish anything of value to an individual other than the athlete or another registered athlete agent. (NRS 398A.400)
In 2019, the Uniform Law Commission approved amendments to the Revised Uniform Athlete Agents Act relating to prohibited acts of an athlete agent. This bill incorporates those amendments relating to prohibited acts into the Revised Uniform Athlete Agents Act and provides that an athlete agent may not furnish anything of value to a student athlete or another individual which may result in loss of eligibility of the athlete to participate in the athletes sport unless: (1) the agent notifies the athletic director of the educational institution at which the athlete is enrolled or intends to enroll, not later than 72 hours after giving the thing of value; and (2) the athlete or, if the athlete is a minor, a parent or guardian acknowledges in a record that receipt of the thing of value may result in the loss of the athletes eligibility to participate in the athletes sport.
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 398A.400 is hereby amended to read as follows:
398A.400 1. An athlete agent [, with the intent to influence a student athlete or, if the athlete is a minor, a parent or guardian of the athlete to enter into an agency contract,] may not [take any of the following actions or encourage any other individual to take or assist any other individual in taking any of the following actions on behalf of the agent:] intentionally:
(a) Give a student athlete or, if the athlete is a minor, a parent or guardian of the athlete materially false or misleading information or make a materially false promise or representation [;] with the intent to influence the athlete, parent or guardian to enter into an agency contract;
(b) Furnish anything of value to [the athlete before the athlete enters into the contract; or
(c) Furnish anything of value to an individual other than the athlete or another registered athlete agent.
κ2021 Statutes of Nevada, Page 504 (CHAPTER 119, AB 136)κ
2. An athlete agent may not intentionally do any of the following or encourage any other individual to do any of the following on behalf of the agent:
(a)] a student athlete or another individual, if to do so may result in loss of the athletes eligibility to participate in the athletes sport, unless:
(1) The agent notifies the athletic director of the educational institution at which the athlete is enrolled or at which the agent has reasonable grounds to believe the athlete intends to enroll, not later than 72 hours after giving the thing of value; and
(2) The athlete or, if the athlete is a minor, a parent or guardian of the athlete acknowledges to the agent in a record that receipt of the thing of value may result in loss of the athletes eligibility to participate in the athletes sport.
(c) Initiate contact, directly or indirectly, with a student athlete or, if the athlete is a minor, a parent or guardian of the athlete [,] to recruit or solicit the athlete, parent or guardian to enter an agency contract unless registered under this chapter;
[(b)] (d) Fail to create , [or] retain or [to] permit inspection of the records required by NRS 398A.370;
[(c)] (e) Fail to register when required by NRS 398A.200;
[(d)] (f) Provide materially false or misleading information in an application for registration or renewal of registration;
[(e)] (g) Predate or postdate an agency contract; [or
(f)] (h) Fail to notify a student athlete or, if the athlete is a minor, a parent or guardian of the athlete [,] before the athlete, parent or guardian signs an agency contract for a particular sport that the signing may [make the athlete ineligible] result in loss of the athletes eligibility to participate [as a student athlete in that] in the athletes sport [.
3.] ;
(i) Encourage another individual to do any of the acts described in paragraphs (a) to (h), inclusive, on behalf of the agent; or
(j) Encourage another individual to assist any other individual in doing any of the acts described in paragraphs (a) to (h), inclusive, on behalf of the agent.
2. The provisions of this chapter do not limit the power of the State of Nevada to punish a person for conduct that constitutes a crime pursuant to any other law.
[4.] 3. An athlete agent who violates this section is guilty of a misdemeanor and shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $50,000 or by both fine and imprisonment. In addition to any other penalty, the court shall order the person to pay restitution.
Sec. 2. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 505κ
Assembly Bill No. 140Assemblywomen Nguyen, Marzola; and Torres
CHAPTER 120
[Approved: May 27, 2021]
AN ACT relating to civil actions; requiring certain lessors of vehicles to accept service of process under certain circumstances; requiring such lessors to transmit a copy of the service of process to certain lessees; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes an alternative method of service of process in any action or proceeding where the operator of a motor vehicle that was involved in a crash on the roads, streets or certain other areas where motor vehicles are operated in this State is either a nonresident or a resident that has left or cannot be found in this State. Such process may be effectuated by serving the Director of the Department of Motor Vehicles and sending a copy of the process by registered or certified mail to the defendant at the address supplied by the defendant in the crash report, if any, and if not, at the best address available to the plaintiff. (NRS 14.070) This bill authorizes a plaintiff in an action arising from the operation of a vehicle which is leased for a period of 31 days or less, or by the day or trip, to a lessee who is not a resident of the United States and who purchased liability insurance in connection with the lease to serve process upon the lessor. This bill requires such a lessor to accept the service of process and to provide a copy of the process to the lessee by first-class mail, return receipt requested.
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 14 of NRS is hereby amended by adding thereto a new section to read as follows:
1. When a short-term lessor enters into a lease with a short-term lessee who is not a resident of the United States and, as part of or associated with the lease, the short-term lessee purchases liability insurance from the short-term lessor in its capacity as an agent for an authorized insurer, the short-term lessor is authorized to accept and, if served, shall accept, service of a summons and complaint and any other required documents on behalf of the short-term lessee for any crash resulting from the operation of the vehicle within this State during the lease. If the short-term lessor has a registered agent for service of process on file with the Secretary of State, process must be served on the registered agent of the short-term lessor, either by first-class mail, return receipt requested, or by personal service.
2. Not later than 30 days after acceptance of service of process, the short-term lessor shall provide a copy of the summons and complaint and any other documents served on the short-term lessor to the short-term lessee by first-class mail, return receipt requested.
3. Notwithstanding the requirements of NRS 14.070, service of process in compliance with subsection 1 shall be deemed a valid and effective service.
κ2021 Statutes of Nevada, Page 506 (CHAPTER 120, AB 140)κ
4. Notwithstanding any other provision of law, acceptance of service of process pursuant to subsection 1 does not create any duty, obligation or agency relationship other than that provided in subsection 1.
5. As used in this section:
(a) Lease, short-term lessee and short-term lessor have the meanings ascribed to them in NRS 482.053.
(b) Liability insurance means insurance, including, without limitation, uninsured motorist coverage, whether offered separately or in combination with any other insurance, that provides coverage to a short-term lessee and any authorized driver pursuant to a lease and is nonduplicative of any standard liability coverage or self-insurance limits provided by the short-term lessor in its lease, for liability arising from the negligent operation of the vehicle during the lease.
(c) Vehicle has the meaning ascribed to it in NRS 482.135.
________
Assembly Bill No. 141Assemblyman Watts
CHAPTER 121
[Approved: May 27, 2021]
AN ACT relating to evictions; requiring the automatic sealing of records for certain summary evictions relating to defaults in the payment of rent which are granted during the COVID-19 emergency; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes a supplemental remedy through an action for summary eviction when the tenant of any dwelling, apartment, mobile home or recreational vehicle with periodic rent due by the month or a shorter period defaults in the payment of rent. (NRS 40.253) Existing law requires a court to automatically seal records relating to such actions for summary eviction: (1) upon an order of the court dismissing the action for summary eviction; (2) ten judicial days after the court issues an order denying the action for summary eviction; or (3) thirty-one days after the tenant files an affidavit relating to the action for summary eviction, if the landlord fails to file a timely affidavit of complaint relating to the action for summary eviction. Existing law also authorizes the court under certain circumstances to seal records relating to such actions for summary eviction which are not automatically sealed by the court. (NRS 40.2545) In addition to the existing procedures for the sealing of records relating to such actions for summary eviction, section 2 of this bill requires a court to automatically seal any records relating to any action for summary eviction that is granted during the COVID-19 emergency. Section 3 of this bill provides that the amendatory provisions of section 2 apply to any action for summary eviction filed before, on or after the effective date of this bill.
κ2021 Statutes of Nevada, Page 507 (CHAPTER 121, AB 141)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 40.2545 is hereby amended to read as follows:
40.2545 1. If a court grants an action for summary eviction pursuant to NRS 40.253 during the COVID-19 emergency, the court shall automatically seal the eviction case court file.
2. In addition to the provisions for the automatic sealing of an eviction case court file pursuant to subsection 1, in any action for summary eviction pursuant to NRS 40.253, 40.254 or 40.2542, the eviction case court file is sealed automatically and not open to inspection:
(a) Upon the entry of a court order which dismisses the action for summary eviction;
(b) Ten judicial days after the entry of a court order which denies the action for summary eviction; or
(c) Thirty-one days after the tenant has filed an affidavit described in subsection 3 of NRS 40.253 or subsection 3 of NRS 40.2542, if the landlord has failed to file an affidavit of complaint pursuant to subsection 5 of NRS 40.253 or subsection 5 of NRS 40.2542 within 30 days after the tenant filed the affidavit.
[2.] 3. In addition to the provisions for the automatic sealing of an eviction case court file pursuant to [subsection] subsections 1 [,] and 2, the court may order the sealing of an eviction case court file [:] for an action for summary eviction pursuant to NRS 40.253, 40.254 or 40.2542:
(a) Upon the filing of a written stipulation by the landlord and the tenant to set aside the order of eviction and seal the eviction case court file; or
(b) Upon motion of the tenant and decision by the court if the court finds that:
(1) The eviction should be set aside pursuant to Rule 60 of the Justice Court Rules of Civil Procedure; or
(2) Sealing the eviction case court file is in the interests of justice and those interests are not outweighed by the publics interest in knowing about the contents of the eviction case court file, after considering, without limitation, the following factors:
(I) Circumstances beyond the control of the tenant that led to the eviction;
(II) Other extenuating circumstances under which the order of eviction was granted; and
(III) The amount of time that has elapsed between the granting of the order of eviction and the filing of the motion to seal the eviction case court file.
κ2021 Statutes of Nevada, Page 508 (CHAPTER 121, AB 141)κ
[3.] 4. If the court orders the eviction case court file sealed pursuant to this section, all proceedings recounted in the eviction case court file shall be deemed never to have occurred.
[4.] 5. Except as otherwise provided in this subsection, a notice to surrender must not be made available for public inspection by any person or governmental entity, including, without limitation, by a sheriff or constable. This subsection does not:
(a) Apply to a notice to surrender which has been filed with a court and which is part of an eviction case court file that has not been sealed pursuant to this section.
(b) Prohibit the service of a notice to surrender pursuant to NRS 40.280, and such service of a notice to surrender shall be deemed not to constitute making the notice to surrender available for public inspection as described in this subsection.
[5.] 6. As used in this section [, eviction] :
(a) COVID-19 emergency means the period of time:
(1) Beginning on March 12, 2020, the date on which the Governor issued the Declaration of Emergency for COVID-19; and
(2) Ending on the date on which the Governor terminates the emergency described in the Declaration.
(b) Eviction case court file means all records relating to an action for summary eviction which are maintained by the court, including, without limitation, the affidavit of complaint and any other pleadings, proof of service, findings of the court, any order made on motion as provided in Nevada Rules of Civil Procedure, Justice Court Rules of Civil Procedure and local rules of practice and all other papers, records, proceedings and evidence, including exhibits and transcript of the testimony.
Sec. 3. The amendatory provisions of section 2 of this act apply to any action for summary eviction filed before, on or after the effective date of this act.
Sec. 4. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 509κ
Assembly Bill No. 145Assemblywoman Cohen
Joint Sponsor: Senator Ohrenschall
CHAPTER 122
[Approved: May 27, 2021]
AN ACT relating to judgments; adopting the Uniform Registration of Canadian Money Judgments Act; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Nevada Legislature enacted the Uniform Foreign-Country Money Judgments Recognition Act in 2007. The Act provides a procedure for Nevada and other states to follow when asked to recognize money judgments from foreign countries and includes various procedural safeguards to ensure that only final judgments that upheld the rights of the parties involved in the action are recognized in Nevada. (NRS 17.700-17.820; Senate Bill No. 177, Chapter 60, Statutes of Nevada 2007, at page 146)
This bill creates an alternative procedure for the recognition and enforcement of Canadian money judgments in Nevada by adopting the Uniform Registration of Canadian Money Judgments Act. Section 6 of this bill provides that recognition of a Canadian judgment only applies to final and enforceable judgments to recover money. Sections 7 and 12 of this bill provide the specific procedures that must be followed under this bill for a Canadian judgment to be recognized in a Nevada court. Section 8 of this bill authorizes enforcement of the judgment in the same manner and to the same extent as a judgment rendered in Nevada. Sections 9-11 of this bill require a person seeking to have a Canadian judgment recognized and enforced in Nevada to provide to the adverse party notice and an opportunity to petition the court to deny recognition of the Canadian judgment. Section 13 of this bill provides that in applying and construing the provisions of this bill, consideration must be given to the need to promote uniformity of the law among states that enact the Uniform Registration of Canadian Money Judgments Act. Section 14 of this bill provides that this bill applies to judgments entered in a proceeding that is commenced in Canada on or after October 1, 2021.
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 17 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. Sections 2 to 13, inclusive, of this act may be cited as the Uniform Registration of Canadian Money Judgments Act.
Sec. 3. As used in sections 2 to 13, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 and 5 of this act have the meanings ascribed to them in those sections.
Sec. 4. Canada means the sovereign nation of Canada and its provinces and territories. Canadian has a corresponding meaning.
Sec. 5. Canadian judgment means a judgment of a court of Canada, other than a judgment that recognizes the judgment of another foreign country.
κ2021 Statutes of Nevada, Page 510 (CHAPTER 122, AB 145)κ
Sec. 6. 1. Sections 2 to 13, inclusive, of this act apply to a Canadian judgment to the extent the judgment is within the scope of NRS 17.740, if recognition of the judgment is sought to enforce the judgment.
2. A Canadian judgment that grants both recovery of a sum of money and other relief may be registered under sections 2 to 13, inclusive, of this act, but only to the extent of the grant of recovery of a sum of money.
3. A Canadian judgment regarding subject matter both within and not within the scope of sections 2 to 13, inclusive, of this act may be registered under sections 2 to 13, inclusive, of this act, but only to the extent the judgment is with regard to subject matter within the scope of sections 2 to 13, inclusive, of this act.
Sec. 7. 1. A person seeking recognition of a Canadian judgment described in section 6 of this act to enforce the judgment may register the judgment in the office of the clerk of a court in which an action for recognition of the judgment could be filed under NRS 17.770.
2. A registration under subsection 1 must be executed by the person registering the judgment or the persons attorney and include:
(a) A copy of the Canadian judgment authenticated in the same manner as a copy of a foreign judgment is authenticated in an action under NRS 17.770 as an accurate copy by the court that entered the judgment;
(b) The name and address of the person registering the judgment;
(c) If the person registering the judgment is not the person in whose favor the judgment was rendered, a statement describing the interest the person registering the judgment has in the judgment which entitles the person to seek its recognition and enforcement;
(d) The name and last known address of the person against whom the judgment is being registered;
(e) If the judgment is of the type described in subsection 2 or 3 of section 6 of this act, a description of the part of the judgment being registered;
(f) The amount of the judgment or part of the judgment being registered, identifying:
(1) The amount of interest accrued as of the date of registration on the judgment or part of the judgment being registered, the rate of interest, the part of the judgment to which interest applies and the date when interest began to accrue;
(2) Costs and expenses included in the judgment or part of the judgment being registered, other than an amount awarded for attorneys fees; and
(3) The amount of an award of attorneys fees included in the judgment or part of the judgment being registered;
(g) The amount, as of the date of registration, of postjudgment costs, expenses, and attorneys fees claimed by the person registering the judgment or part of the judgment;
(h) The amount of the judgment or part of the judgment being registered which has been satisfied as of the date of registration;
(i) A statement that:
(1) The judgment is final, conclusive and enforceable under the law of the Canadian jurisdiction in which it was rendered;
(2) The judgment or part of the judgment being registered is within the scope of sections 2 to 13, inclusive, of this act; and
κ2021 Statutes of Nevada, Page 511 (CHAPTER 122, AB 145)κ
(3) If a part of the judgment is being registered, the amounts stated in the registration under paragraphs (f), (g) and (h) relate to the part;
(j) If the judgment is not in English, a certified translation of the judgment into English; and
(k) A registration in an amount equal to the fee for filing an action for recognition of a judgment pursuant to NRS 17.700 to 17.820, inclusive.
3. On receipt of a registration that includes the documents, information and registration fee required by subsection 2, the clerk shall file the registration, assign a docket number and enter the Canadian judgment in the courts docket.
4. A registration substantially in the following form complies with the registration requirements under subsection 2 if the registration includes the attachments specified in the form:
REGISTRATION OF CANADIAN MONEY JUDGMENT
Complete and file this form, together with the documents required by Part V of this form, with the clerk of court. When stating an amount of money, identify the currency in which the amount is stated.
PART I. IDENTIFICATION OF CANADIAN JUDGMENT
Canadian Court Rendering the Judgment: ..........................................
Case/Docket Number in Canadian Court:............................................
Name of Plaintiff(s):..................................................................................
Name of Defendant(s):..............................................................................
The Canadian Court entered the judgment on .................... [Date] in ....................... [City] in .................................. [Province or Territory]. The judgment includes an award for the payment of money in favor of ....................................... in the amount of ............................ .If only part of the Canadian judgment is subject to registration (see subsections 2 and 3 of section 6 of this act), describe the part of the judgment being registered: .....
PART II. IDENTIFICATION OF PERSON REGISTERING JUDGMENT AND PERSON AGAINST WHOM JUDGMENT IS BEING REGISTERED
Provide the following information for all persons seeking to register the judgment under this registration and all persons against whom the judgment is being registered under this registration.
Name of Person(s) Registering Judgment: ..........................................
If a person registering the judgment is not the person in whose favor the judgment was rendered, describe the interest the person registering the judgment has in the judgment which entitles the person to seek its recognition and enforcement:
Address of Person(s) Registering Judgment: ......................................
Additional Contact Information for Person(s) Registering Judgment (Optional):
Telephone Number:................ Facsimile Number:................
Electronic Mail Address: ...................................................
Name of Attorney for Person(s) Registering Judgment, if any: ......
Address: .......................................................................................................
Telephone Number:................ Facsimile Number:................
Electronic Mail Address: ...................................................
κ2021 Statutes of Nevada, Page 512 (CHAPTER 122, AB 145)κ
Name of Person(s) Against Whom Judgment is Being Registered:
Address of Person(s) Against Whom Judgment is Being Registered: .............................................................................. (provide the most recent address known)
Additional Contact Information for Person(s) Against Whom Judgment is Being Registered (Optional) (provide most recent information known):
Telephone Number:................ Facsimile Number:................
Electronic Mail Address: ...................................................
PART III. CALCULATION OF AMOUNT FOR WHICH ENFORCEMENT IS SOUGHT
Identify the currency or currencies in which each amount is stated.
The amount of the Canadian judgment or part of the judgment being registered is .
The amount of interest accrued as of the date of registration on the part of the judgment being registered is .
The applicable rate of interest is ............................................................ .
The date when interest began to accrue is ........................................... .
The part of the judgment to which the interest applies is ................ .
The Canadian Court awarded costs and expenses relating to the part of the judgment being registered in the amount of ................................ (exclude any amount included in the award of costs and expenses which represents an award of attorneys fees).
The Canadian Court awarded attorneys fees relating to the part of the judgment being registered in the amount of .
The person registering the Canadian judgment claims postjudgment costs and expenses in the amount of ................................ and postjudgment attorneys fees in the amount of ................................ relating to the part of the judgment being registered (include only costs, expenses and attorneys fees incurred before registration).
The amount of the part of the judgment being registered which has been satisfied as of the date of registration is
.
The total amount for which enforcement of the part of the judgment being registered is sought is .
PART IV. STATEMENT OF PERSON REGISTERING JUDGMENT
I, ............................................................................... [Person
Registering Judgment or Attorney for Person Registering Judgment] state:
1. The Canadian judgment is final, conclusive and enforceable under the law of the Canadian jurisdiction in which it was rendered.
2. The Canadian judgment or part of the judgment being registered is within the scope of sections 2 to 13, inclusive, of this act.
3. If only a part of the Canadian judgment is being registered, the amounts stated in Part III of this form relate to that part.
PART V. ITEMS REQUIRED TO BE INCLUDED WITH REGISTRATION
Attached are (check to signify required items are included):
κ2021 Statutes of Nevada, Page 513 (CHAPTER 122, AB 145)κ
.......... A copy of the Canadian judgment authenticated in the same manner a copy of a foreign judgment is authenticated in an action under NRS 17.770 as an accurate copy by the Canadian court that entered the judgment.
.......... If the Canadian judgment is not in English, a certified translation of the judgment into English.
.......... A registration fee in the amount of $150.
I declare that the information provided on this form is true and correct to the best of my knowledge and belief.
Submitted by:.........................................................................................
Signature of [Person Registering Judgment]
[Attorney for Person Registering Judgment]
[specify whether signer is the person
registering the judgment or that
persons attorney]
Date of submission: .............................................................
Sec. 8. 1. Subject to subsection 2, a Canadian judgment registered under section 7 of this act has the same effect provided in NRS 17.780 for a judgment a court determines to be entitled to recognition.
2. A Canadian judgment registered under section 7 of this act may not be enforced by sale or other disposition of property, or by seizure of property or garnishment, until 31 days after notice under section 9 of this act of registration is served. The court for cause may provide for a shorter or longer time. This subsection does not preclude use of relief available under law of this State other than sections 2 to 13, inclusive, of this act to prevent dissipation, disposition or removal of property.
Sec. 9. 1. A person that registers a Canadian judgment under section 7 of this act shall cause notice of registration to be served on the person against whom the judgment has been registered.
2. Notice under this section must be served in the same manner that a summons and complaint must be served in an action seeking recognition under NRS 17.770 of a foreign-country money judgment.
3. Notice under this section must include:
(a) The date of registration and court in which the judgment was registered;
(b) The docket number assigned to the registration;
(c) The name and address of:
(1) The person registering the judgment; and
(2) The persons attorney, if any;
(d) A copy of the registration, including the documents required under subsection 2 of section 7 of this act; and
(e) A statement that:
(1) The person against whom the judgment has been registered, not later than 30 days after the date of service of notice, may petition the court to vacate the registration; and
(2) The court for cause may provide for a shorter or longer time.
4. Proof of service of notice under this section must be filed with the clerk of the court.
Sec. 10. 1. Not later than 30 days after notice under section 9 of this act is served, the person against whom the judgment was registered may petition the court to vacate the registration. The court for cause may provide for a shorter or longer time for filing the petition.
κ2021 Statutes of Nevada, Page 514 (CHAPTER 122, AB 145)κ
2. A petition under this section may assert only:
(a) A ground that could be asserted to deny recognition of the judgment under the Uniform Foreign-Country Money Judgments Recognition Act; or
(b) A failure to comply with a requirement of sections 2 to 13, inclusive, of this act for registration of the judgment.
3. A petition filed under this section does not itself stay enforcement of the registered judgment.
4. If the court grants a petition under this section, the registration is vacated, and any act under the registration to enforce the registered judgment is void.
5. If the court grants a petition under this section on a ground under paragraph (a) of subsection 2, the court also shall render a judgment denying recognition of the Canadian judgment. A judgment rendered under this subsection has the same effect as a judgment denying recognition to a judgment on the same ground under the Uniform Foreign-Country Money Judgments Recognition Act.
Sec. 11. A person that files a petition under subsection 1 of section 10 of this act to vacate registration of a Canadian judgment may request the court to stay enforcement of the judgment pending determination of the petition. The court shall grant the stay if the person establishes a likelihood of success on the merits with regard to a ground listed in subsection 2 of section 10 of this act for vacating a registration. The court may require the person to provide security in an amount determined by the court as a condition of granting the stay.
Sec. 12. 1. Sections 2 to 13, inclusive, of this act supplement the Uniform Foreign-Country Money Judgments Recognition Act and that Act, other than NRS 17.770, applies to a registration under sections 2 to 13, inclusive, of this act.
2. A person may seek recognition of a Canadian judgment described in section 6 of this act either:
(a) By registration under sections 2 to 13, inclusive, of this act; or
(b) Under NRS 17.770.
3. Subject to subsection 4, a person may not seek recognition in this State of the same judgment or part of a judgment described in subsection 2 or 3 of section 6 of this act with regard to the same person under both sections 2 to 13, inclusive, of this act and NRS 17.770.
4. If the court grants a petition to vacate a registration solely on a ground under paragraph (b) of subsection 2 of section 10 of this act, the person seeking registration may:
(a) If the defect in the registration can be cured, file a new registration under sections 2 to 13, inclusive, of this act; or
(b) Seek recognition of the judgment under NRS 17.770.
Sec. 13. In applying and construing the Uniform Registration of Canadian Money Judgments Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Sec. 14. Sections 2 to 13, inclusive, of this act apply to the registration of a Canadian judgment entered in a proceeding that is commenced in Canada on or after October 1, 2021.
________
κ2021 Statutes of Nevada, Page 515κ
Assembly Bill No. 169Assemblymen Considine, Watts, Anderson; Brown-May and Marzola
CHAPTER 123
[Approved: May 27, 2021]
AN ACT relating to higher education; establishing provisions relating to recruitment activities of certain institutions of higher education; requiring certain institutions of higher education to provide certain information to students; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Commission on Postsecondary Education within the Employment Security Division of the Department of Employment, Training and Rehabilitation to license privately owned institutions of higher education which are located in Nevada and, with certain exceptions, branches of public or private institutions of higher education of another state which are located in Nevada. (NRS 394.383, 394.415) Under existing law, institutions licensed by the Commission are required to have a policy for refunds that requires the institution to refund a student all the money that the student has paid if the institution has substantially failed to furnish a training program agreed upon in an enrollment agreement. (NRS 394.449) Section 1.6 of this bill defines when an institution has substantially failed to furnish a training program.
Section 1 of this bill: (1) prohibits a postsecondary educational institution from engaging in recruiting activities in certain circumstances; and (2) authorizes a postsecondary educational institution to engage in recruiting activities at certain locations.
Existing law sets forth various requirements for postsecondary educational institutions, including, without limitation, providing students with a catalog or brochure of information related to the institution and a copy of the agreement to enroll in the institution. (NRS 394.441) Section 1.3 of this bill sets forth additional requirements for postsecondary educational institutions, which include, without limitation: (1) requiring a postsecondary educational institution to provide a current and complete copy of a catalog or brochure to a student before signing an agreement to enroll; (2) various requirements for an agreement to enroll; (3) including a disclosure page or prominent link to the disclosure page on the main page of the Internet website of the postsecondary educational institution; and (4) including a statement indicating where a person can access the complaint policy of the postsecondary educational institution.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 394 of NRS is hereby amended by adding thereto a new section to read as follows:
A postsecondary educational institution:
1. Shall not engage in recruiting activities where prospective students cannot reasonably be expected to make informed decisions regarding enrollment.
κ2021 Statutes of Nevada, Page 516 (CHAPTER 123, AB 169)κ
2. May engage in recruiting activities at a center for employment opportunities operated by or with the support of the local, state or Federal Government and with the permission of the center for employment opportunities.
Sec. 1.3. NRS 394.441 is hereby amended to read as follows:
394.441 1. A postsecondary educational institution shall:
[1.] (a) Provide students and other interested persons with a current and complete catalog or brochure containing information describing the programs offered, objectives of the program, length of the program, schedule of tuition, fees and all other charges and expenses necessary for completion of the course of study, policies concerning cancellations and refunds, an explanation of the Account for Student Indemnification and other material facts concerning the institution and the program or course of instruction that are likely to affect the decision of the student to enroll therein, together with any other disclosures specified by the Administrator or defined in the regulations of the Commission. The information must be provided before [enrollment.] signing an agreement to enroll.
[2.] (b) Provide each student who satisfactorily completes the training with appropriate educational credentials indicating:
[(a)] (1) That the course of instruction or study has been satisfactorily completed by the student; and
[(b)] (2) If the training does not lead to a degree, the number of hours of instruction or credits required of the student to complete the training.
[3.] (c) Unless otherwise authorized by the Commission, maintain adequate records at the licensed facility to reflect the attendance, progress and performance of each student at the facility.
[4.] (d) Provide each student with a current and complete copy of the agreement to enroll, dated and signed by the student or the students guardian and an officer of the institution [.] , which must:
(1) Include a statement that the student or the students guardian and the officer of the institution have reviewed each section of the agreement and had the opportunity to ask questions;
(2) Be printed in at least 10-point font; and
(3) Include a cancellation policy that:
(I) Provides that an agreement to enroll may be cancelled not later than 3 days after signing the agreement; and
(II) Contains clear language explaining the process to cancel an agreement to enroll.
[5.] (e) For each program offered at the institution that does not lead to a degree, collect and maintain information concerning:
[(a)] (1) The number of students enrolled in the program and the number and names of students who have obtained employment in related fields, with their locations of placement;
[(b)] (2) The number of:
[(1)] (I) Students enrolled in the program;
[(2)] (II) Students who have graduated from the program; and
[(3)] (III) Graduates who have obtained employment in fields related to the instruction offered in the program, with the average compensation of such graduates; or
[(c)] (3) For each such program offered to prepare students for a licensing examination:
κ2021 Statutes of Nevada, Page 517 (CHAPTER 123, AB 169)κ
[(1)] (I) The number of students enrolled in the program;
[(2)] (II) The number of such students who have graduated from the program; and
[(3)] (III) The number of such graduates who have passed the examination.
[6.] (f) Select, from the information collected pursuant to [subsection 5,] paragraph (e), the information relating to any 6-month period within the 18-month period preceding its next date for enrollment. The information for the period selected must be set forth in written form and posted conspicuously at the institution.
(g) Include a disclosure page or prominent link to the disclosure page on the main page of the Internet website of the postsecondary educational institution.
(h) Include a statement indicating where a person can access the complaint policy of the postsecondary educational institution in the catalog or brochure of the institution or on the main page of the Internet website of the postsecondary educational institution.
2. The Commission shall adopt regulations imposing a fine against a postsecondary educational institution that fails to comply with paragraph (g) of subsection 1.
Sec. 1.6. NRS 394.449 is hereby amended to read as follows:
394.449 1. Each postsecondary educational institution shall have a policy for refunds which at least provides:
(a) That if the institution has substantially failed to furnish the training program agreed upon in the enrollment agreement, the institution shall refund to a student all the money the student has paid.
(b) That if a student cancels his or her enrollment before the start of the training program, the institution shall refund to the student all the money the student has paid, minus 10 percent of the tuition agreed upon in the enrollment agreement or $150, whichever is less, and that if the institution is accredited by a regional accrediting agency recognized by the United States Department of Education, the institution may also retain any amount paid as a nonrefundable deposit to secure a position in the program upon acceptance so long as the institution clearly disclosed to the applicant that the deposit was nonrefundable before the deposit was paid.
(c) That if a student withdraws or is expelled by the institution after the start of the training program and before the completion of more than 60 percent of the program, the institution shall refund to the student a pro rata amount of the tuition agreed upon in the enrollment agreement, minus 10 percent of the tuition agreed upon in the enrollment agreement or $150, whichever is less.
(d) That if a student withdraws or is expelled by the institution after completion of more than 60 percent of the training program, the institution is not required to refund the student any money and may charge the student the entire cost of the tuition agreed upon in the enrollment agreement.
2. If a refund is owed pursuant to subsection 1, the institution shall pay the refund to the person or entity who paid the tuition within 15 calendar days after the:
κ2021 Statutes of Nevada, Page 518 (CHAPTER 123, AB 169)κ
(a) Date of cancellation by a student of his or her enrollment;
(b) Date of termination by the institution of the enrollment of a student;
(c) Last day of an authorized leave of absence if a student fails to return after the period of authorized absence; or
(d) Last day of attendance of a student,
Κ whichever is applicable.
3. Books, educational supplies or equipment for individual use are not included in the policy for refund required by subsection 1, and a separate refund must be paid by the institution to the student if those items were not used by the student. Disputes must be resolved by the Administrator for refunds required by this subsection on a case-by-case basis.
4. For the purposes of this section:
(a) The period of a students attendance must be measured from the first day of instruction as set forth in the enrollment agreement through the students last day of actual attendance, regardless of absences.
(b) The period of time for a training program is the period set forth in the enrollment agreement.
(c) Tuition must be calculated using the tuition and fees set forth in the enrollment agreement and does not include books, educational supplies or equipment that is listed separately from the tuition and fees.
5. As used in this section, substantially failed to furnish includes cancelling or changing a training program agreed upon in the enrollment agreement without:
(a) Offering the student a fair chance to complete the same program or another program with a demonstrated possibility of placement equal to or higher than the possibility of placement of the program in which the student is enrolled within approximately the same period at no additional cost; or
(b) Obtaining the written agreement of the student to the specified changes and a statement that the student is not being coerced or forced into accepting the changes,
Κ unless the cancellation or change of a program is in response to a change in the requirements to enter an occupation.
Sec. 2. (Deleted by amendment.)
________
κ2021 Statutes of Nevada, Page 519κ
Assembly Bill No. 187Assemblymen Frierson, Titus, Benitez-Thompson, Monroe-Moreno, C.H. Miller; Anderson, Bilbray-Axelrod, Black, Brown-May, Carlton, Cohen, Considine, Dickman, Duran, Ellison, Flores, Gonzαlez, Gorelow, Jauregui, Martinez, Marzola, Matthews, Brittney Miller, Nguyen, Orentlicher, Peters, Summers-Armstrong, Thomas, Torres, Watts and Yeager
CHAPTER 124
[Approved: May 27, 2021]
AN ACT relating to periods of observance; designating the month of September of each year as Ovarian and Prostate Cancer Prevention and Awareness Month in this State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, various days, weeks and months of observance are recognized in this State. (NRS 236.018-236.090) This bill designates the month of September of each year as Ovarian and Prostate Cancer Prevention and Awareness Month in this State and requires the Governor to issue annually a proclamation encouraging the observance of Ovarian and Prostate Cancer Prevention and Awareness Month.
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 236 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The month of September of each year is designated as Ovarian and Prostate Cancer Prevention and Awareness Month in this State.
2. The Governor shall issue annually a proclamation encouraging the observance of Ovarian and Prostate Cancer Prevention and Awareness Month. The proclamation must, without limitation, call upon news media, educators, health care providers and appropriate governmental officers to:
(a) Bring to the attention of Nevadas residents factual information regarding the diagnosis and treatment of ovarian and prostate cancer; and
(b) Emphasize the potential for the prevention of ovarian and prostate cancer.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 520κ
Assembly Bill No. 197Assemblymen Watts, Peters, Nguyen; Duran, Gorelow, Martinez, C.H. Miller, Orentlicher, Summers-Armstrong, Thomas and Torres
Joint Sponsors: Senators Donate; and Denis
CHAPTER 125
[Approved: May 27, 2021]
AN ACT relating to homelessness; revising requirements concerning the provision of health care to a minor without the consent of his or her parents or legal guardian in certain circumstances; revising provisions requiring the State Registrar to provide certain certificates to a homeless person free of charge in certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a minor to consent to certain services provided to himself or herself or for his or her child by a local or state health officer, board of health, licensed physician or hospital if the minor: (1) has been living apart from his or her parents or legal guardian for at least 4 months; (2) is married or has been married; (3) is a mother, or has borne a child; or (4) is in danger of suffering a serious health hazard if health care services are not provided. (NRS 129.030) Section 1 of this bill: (1) authorizes a minor who meets any of those criteria to consent to an examination or services provided by certain additional providers of health care; and (2) additionally authorizes a minor who is a father to consent to such an examination or services. Section 1 also: (1) removes the requirement that a minor must have lived apart from his or her parents or legal guardian for a period of at least 4 months in order to provide such consent; and (2) prescribes the manner in which a minor may demonstrate that he or she is living apart from his or her parents or legal guardian.
Existing law requires a person from whom a minor requests treatment under the conditions described above to make prudent and reasonable efforts to obtain the consent of the minor to communicate with his or her parent, parents or legal guardian. (NRS 129.030) Section 1 prohibits such a person from delaying or denying an examination or services because the minor refuses to consent to communication with his or her parent, parents or legal guardian.
Existing law provides that a parent or legal guardian of a minor receiving treatment under the conditions described above is not responsible for paying the cost of that treatment unless the parent or guardian has consented to such treatment. (NRS 129.030) Section 1 additionally provides that a legal custodian of the minor is not responsible for such costs unless the custodian has consented to such treatment.
Existing law generally requires the State Registrar to charge a fee for a certified copy of a record of birth. Existing law prohibits the State Registrar from charging such a fee to a homeless person, including, without limitation, a homeless child or youth, who submits a signed affidavit on a form prescribed by the State Registrar stating that the person is homeless. (NRS 440.700) Section 2 of this bill: (1) eliminates the requirement of the submission of a signed affidavit and instead requires the submission of a statement signed under penalty of perjury; and (2) prohibits the State Registrar from requiring such a statement to be notarized.
κ2021 Statutes of Nevada, Page 521 (CHAPTER 125, AB 197)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 129.030 is hereby amended to read as follows:
129.030 1. Except as otherwise provided in NRS 450B.525, a minor may give consent for an examination or the services provided in subsection [2] 3 for himself or herself or for his or her child, if the minor : [is:]
(a) [Living] Demonstrates in accordance with subsection 2 that he or she is living apart from his or her parents or legal guardian, with or without the consent of the parent, parents or legal guardian ; [, and has so lived for a period of at least 4 months;]
(b) [Married] Is married or has been married;
(c) [A mother,] Is a parent, or has borne a child; or
(d) [In a physicians] Is, in the judgment [,] of a provider of health care, in danger of suffering a serious health hazard if health care services are not provided.
2. A minor may demonstrate that he or she is living apart from his or her parents or legal guardian pursuant to paragraph (a) of subsection 1 by providing to the person from whom an examination or services are requested documentary proof that he or she is living apart from his or her parents or legal guardian. Such documentary proof may include, without limitation:
(a) A written statement affirming that the minor is living separately from his or her parents or legal guardian signed by:
(1) A director of a governmental agency or nonprofit organization that provides services to persons who are experiencing homelessness or the designee of the director of such an agency or organization;
(2) A school social worker, a school counselor or a person designated as a local educational agency liaison for homeless children and youths pursuant to 42 U.S.C. § 11432(g)(1)(J)(ii); or
(3) An attorney representing the minor in any manner;
(b) Documentation that the minor has been placed in protective custody; or
(c) A copy of a decree of emancipation or proof that a petition for such a decree has been filed.
3. Except as otherwise provided in subsection [4] 5 and NRS 449A.551 and 450B.525, the consent of the parent or parents or the legal guardian of a minor is not necessary for a local or state health officer, board of health, licensed [physician] provider of health care or public or private hospital to examine or provide [treatment] physical, behavioral, dental or mental health services for any minor, included within the provisions of subsection 1, who understands the nature and purpose of the proposed examination or [treatment] services and [its] the probable outcome, and voluntarily requests [it.] the proposed examination or services. The consent of the minor to examination or [treatment] services pursuant to this subsection is not subject to disaffirmance because of minority.
[3.] 4. A person who [treats] provides an examination or services to a minor pursuant to subsection [2] 3 shall, before initiating [treatment,] the examination or services, make prudent and reasonable efforts to obtain the consent of the minor to communicate with his or her parent, parents or legal guardian, and shall make a note of such efforts in the record of the minors care.
κ2021 Statutes of Nevada, Page 522 (CHAPTER 125, AB 197)κ
guardian, and shall make a note of such efforts in the record of the minors care. If the person believes that such efforts would jeopardize [treatment] the examination or services necessary to the minors life or necessary to avoid a serious and immediate threat to the minors health, the person may omit such efforts and note the reasons for the omission in the record.
[4.] The person shall not delay or deny the examination or services because the minor refuses to consent to communication with his or her parent, parents or legal guardian.
5. A minor may not consent to his or her sterilization.
[5.] 6. In the absence of professional negligence, no person providing an examination or services pursuant to subsection [2] 3 is subject to civil or criminal liability for providing that examination or those services.
[6.] 7. The parent, parents , [or] legal guardian or custodian of a minor who receives an examination or services pursuant to subsection [2] 3 are not liable for the payment for that examination or those services unless the parent, parents , [or] legal guardian or custodian has consented to [such health care] the examination or services. The provisions of this subsection do not relieve a parent, parents , [or] legal guardian or custodian from liability for payment for emergency services provided to a minor pursuant to NRS 129.040.
8. As used in this section:
(a) Custodian has the meaning ascribed to it in NRS 432B.060.
(b) Professional negligence has the meaning ascribed to it in NRS 41A.015.
(c) Provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 2. NRS 440.700 is hereby amended to read as follows:
440.700 1. Except as otherwise provided in this section, the State Registrar shall charge and collect a fee in an amount established by the State Registrar by regulation:
(a) For searching the files for one name, if no copy is made.
(b) For verifying a vital record.
(c) For establishing and filing a record of paternity, other than a hospital-based paternity, and providing a certified copy of the new record.
(d) For a certified copy of a record of birth.
(e) For a certified copy of a record of death originating in a county in which the board of county commissioners has not created an account for the support of the office of the county coroner pursuant to NRS 259.025.
(f) For a certified copy of a record of death originating in a county in which the board of county commissioners has created an account for the support of the office of the county coroner pursuant to NRS 259.025.
(g) For correcting a record on file with the State Registrar and providing a certified copy of the corrected record.
(h) For replacing a record on file with the State Registrar and providing a certified copy of the new record.
(i) For filing a delayed certificate of birth and providing a certified copy of the certificate.
(j) For the services of a notary public, provided by the State Registrar.
(k) For an index of records of marriage provided on microfiche to a person other than a county clerk or a county recorder of a county of this State.
(l) For an index of records of divorce provided on microfiche to a person other than a county clerk or a county recorder of a county in this State.
κ2021 Statutes of Nevada, Page 523 (CHAPTER 125, AB 197)κ
(m) For compiling data files which require specific changes in computer programming.
2. The fee collected for furnishing a copy of a certificate of birth or death must include the sum of $3 for credit to the Childrens Trust Account created by NRS 432.131.
3. The fee collected for furnishing a copy of a certificate of death must include the sum of $1 for credit to the Review of Death of Children Account created by NRS 432B.409.
4. The fee collected for furnishing a copy of a certificate of death must include the sum of 50 cents for credit to the Grief Support Trust Account created by NRS 439.5132.
5. The State Registrar shall not charge a fee for furnishing a certified copy of a record of birth to:
(a) A homeless person, including, without limitation, a homeless child or youth, who submits [a signed affidavit] on a form prescribed by the State Registrar [stating] a statement signed under penalty of perjury that the person is homeless. The State Registrar shall not require such a statement to be notarized.
(b) A person who submits documentation from the Department of Corrections verifying that the person was released from prison within the immediately preceding 90 days.
(c) A staff person of a local educational agency who has been designated pursuant to 42 U.S.C. § 11432(g)(1)(J)(ii) for a certified copy of a record of birth of a homeless child or youth who is enrolled in the local educational agency.
(d) A social worker licensed to practice in this State, for a certified copy of a record of birth of a homeless child or youth who is a client of the social worker.
6. The fee collected for furnishing a copy of a certificate of death originating in a county in which the board of county commissioners has created an account for the support of the office of the county coroner pursuant to NRS 259.025 must include the sum of $4 for credit to the account for the support of the office of the county coroner of the county in which the certificate originates.
7. Upon the request of any parent or guardian or an unaccompanied youth, the State Registrar shall supply, without the payment of a fee, a certificate limited to a statement as to the date of birth of any child or of the unaccompanied youth as disclosed by the record of such birth when the certificate is necessary for admission to school or for securing employment.
8. The United States Bureau of the Census may obtain, without expense to the State, transcripts or certified copies of births and deaths without payment of a fee.
9. As used in this section:
(a) Homeless child or youth has the meaning ascribed to it in 42 U.S.C. § 11434a.
(b) Local educational agency has the meaning ascribed to it in 42 U.S.C. § 11434a.
(c) Unaccompanied youth has the meaning ascribed to it in 42 U.S.C. § 11434a.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 524κ
Assembly Bill No. 210Assemblyman Yeager
CHAPTER 126
[Approved: May 27, 2021]
AN ACT relating to chiropractic; requiring a business entity that provides chiropractic services to register with the Chiropractic Physicians Board of Nevada; establishing certain duties of a registrant; revising terminology used to refer to a person who provides chiropractic services; revising certain qualifications of an applicant for a license to engage in the practice of chiropractic; authorizing a chiropractic physician to recommend, dispense or administer certain drugs and devices; creating a privilege for confidential communication between a patient and a chiropractic physician; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law regulates the licensing and certification of the practice of chiropractic. (Chapter 634 of NRS) Section 2 of this bill defines business entity for the provisions relating to the practice of chiropractic. Section 3 of this bill requires a business entity that provides chiropractic services to register with the Chiropractic Physicians Board of Nevada. Section 3 requires a business entity to notify the Board of any change to certain information submitted as part of an application for registration. Section 4 of this bill requires a registered business entity to: (1) ensure that all chiropractic physicians and chiropractic assistants who provide chiropractic services in any facility owned or operated by the business entity comply with the provisions of existing law and regulations that govern the practice of chiropractic; (2) establish a written policy and procedure relating to the medical records of a patient; and (3) notify the Board if the business entity dissolves or a facility owned or operated by the business entity closes. Section 6 of this bill requires the Board to keep records relating to registration of a business entity in the same manner as it keeps records of licensing and disciplinary actions. Section 5 of this bill makes a conforming change to indicate the placement of section 2 in the Nevada Revised Statutes.
Existing law provides grounds for initiating disciplinary action against practitioners of chiropractic. (NRS 634.018, 634.140) Sections 9-15 of this bill make various changes to authorize the imposition of disciplinary action against a registered business entity, as applicable. Section 18 of this bill makes it a category D felony to own or operate a business entity: (1) that provides chiropractic services without being appropriately registered with the Board; or (2) for which an unlicensed person engages in the practice of chiropractic. Sections 17 and 19 of this bill make conforming changes to reflect the registration requirement for a business entity that provides chiropractic services.
Existing law requires an applicant for a license to engage in the practice of chiropractic to meet certain requirements. (NRS 634.090) Section 7 of this bill revises certain requirements relating to the education of an applicant and the successful completion of an examination. Sections 6, 8, 15-19 and 22 of this bill change the title of a person practicing chiropractic from chiropractor to chiropractic physician and the title of a person assisting a chiropractic physician from a chiropractors assistant to a chiropractic assistant.
Existing law prohibits a chiropractic physician from administering or prescribing drugs. (NRS 634.220) Section 16 of this bill authorizes a chiropractic physician to recommend, dispense or administer any drug or device for which a prescription or order is not required.
κ2021 Statutes of Nevada, Page 525 (CHAPTER 126, AB 210)κ
Existing law establishes a privilege for a patient to refuse to disclose and prevent any other person from disclosing confidential communication with an allopathic or osteopathic physician or dentist. (NRS 49.215, 49.225) Section 20 of this bill extends this privilege to apply to confidential communications between a patient and a chiropractic physician.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 634 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Business entity means a sole proprietorship or any lawful fictional entity by which business may be conducted lawfully in this State. The term does not include:
1. A facility wholly owned by one or more persons licensed pursuant to this chapter or chapter 630 or 633 of NRS;
2. A sole proprietorship or partnership that consists solely of persons who are licensed pursuant to this chapter or chapter 630 or 633 of NRS;
3. A professional corporation or professional limited liability company, the shares of which are wholly owned by a person or persons licensed pursuant to this chapter or chapter 630 or 633 of NRS;
4. An administrator or executor of the estate of a deceased chiropractic physician or a person who is legally authorized to act for a chiropractic physician who has been adjudicated to be incapacitated for not more than 1 year after the date of the death or incapacitation of the chiropractic physician; or
5. A medical facility licensed pursuant to chapter 449 of NRS.
Sec. 3. 1. To obtain a registration as a business entity that provides chiropractic services, a business entity must submit to the Board an application in the form prescribed by the Board. The application must include:
(a) The name, address and telephone number of the business entity;
(b) The name of any officer or director of the business entity; and
(c) The name of any chiropractic physician who is responsible for providing or supervising the provision of chiropractic services in any facility owned or operated by the business entity.
2. A registration as a business entity that provides chiropractic services expires on June 1 of each year and may be renewed by submitting to the Board before the expiration of the registration an application for renewal in the form prescribed by the Board.
3. The Board may approve a late application for renewal.
4. A business entity shall notify the Board in writing within 30 days after any change to the information described in subsection 1.
5. The Board shall impose an administrative fine in an amount prescribed by regulation of the Board against a registrant that does not comply with the requirements of subsection 4.
Sec. 4. A business entity that is registered to provide chiropractic services pursuant to section 3 of this act shall:
1. Ensure that all chiropractic physicians and chiropractic assistants who provide chiropractic services in any facility owned or operated by the business entity comply with the provisions of this chapter or the regulations adopted by the Board, and any other statute or regulation pertaining to the practice of chiropractic;
κ2021 Statutes of Nevada, Page 526 (CHAPTER 126, AB 210)κ
business entity comply with the provisions of this chapter or the regulations adopted by the Board, and any other statute or regulation pertaining to the practice of chiropractic;
2. Establish a written policy and procedure for the secure storage and transfer of the medical records of a patient and the access to those records by the patient. The policy and procedure must include procedures for:
(a) Notifying each patient of the location to which his or her medical records will be moved if the business entity ceases operations, is sold or ceases maintaining medical records at the facility where the medical records are currently maintained;
(b) Disposing of unclaimed medical records; and
(c) Responding to a request by a patient or a representative of the patient for any copy of his or her medical records within the time period prescribed by NRS 629.061.
3. Not later than 30 days after the dissolution of the business entity or the closing of any facility owned or operated by the business entity, notify the Board of the dissolution or closure and the procedure by which a patient of the business entity may obtain his or her medical records.
Sec. 5. NRS 634.010 is hereby amended to read as follows:
634.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 634.012 to 634.018, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 634.055 is hereby amended to read as follows:
634.055 1. The Board shall keep a record of its proceedings relating to licensing , registration and disciplinary actions. Except as otherwise provided in NRS 634.214, the records must be open to public inspection at all reasonable times and must contain the name, known place of business and residence, and the date and number of the license of every [chiropractor] chiropractic physician licensed under this chapter. The Board may keep such other records as it deems desirable.
2. Except as otherwise provided in this subsection and NRS 239.0115, all information pertaining to the personal background, medical history or financial affairs of an applicant for licensure or licensee , an officer or director of an applicant for registration or registrant or a chiropractic physician who provides or supervises the provision of chiropractic services at the facility of an applicant for registration or registrant which the Board requires to be furnished to it under this chapter, or which it otherwise obtains, is confidential and may be disclosed in whole or in part only as necessary in the course of administering this chapter or upon the order of a court of competent jurisdiction. The Board may, under procedures established by regulation, permit the disclosure of this information to any agent of the Federal Government, of another state or of any political subdivision of this State who is authorized to receive it.
3. Notice of the disclosure and the contents of the information disclosed pursuant to subsection 2 must be given to the [applicant or licensee] person who is the subject of that information.
Sec. 7. NRS 634.090 is hereby amended to read as follows:
634.090 1. An applicant must, in addition to the requirements of NRS 634.070 and 634.080, furnish satisfactory evidence to the Board:
(a) That the applicant is of good moral character;
(b) Except as otherwise provided in subsections [2] 3 and [5,] 6, that the applicant has a high school education and is a graduate from a college of chiropractic which is accredited by the Council on Chiropractic Education , or [which has a reciprocal agreement with the Council on Chiropractic Education or any governmental accrediting agency, whose minimum course of study leading to the degree of doctor of chiropractic consists of not less than 4,000 hours of credit which includes instruction in each of the following subjects:
κ2021 Statutes of Nevada, Page 527 (CHAPTER 126, AB 210)κ
chiropractic which is accredited by the Council on Chiropractic Education , or [which has a reciprocal agreement with the Council on Chiropractic Education or any governmental accrediting agency, whose minimum course of study leading to the degree of doctor of chiropractic consists of not less than 4,000 hours of credit which includes instruction in each of the following subjects:
(1) Anatomy;
(2) Bacteriology;
(3) Chiropractic theory and practice;
(4) Diagnosis and chiropractic analysis;
(5) Elementary chemistry and toxicology;
(6) Histology;
(7) Hygiene and sanitation;
(8) Obstetrics and gynecology;
(9) Pathology;
(10) Physiology; and
(11) Physiotherapy;] its successor organization, or an accrediting agency recognized by that organization; and
(c) [That] Except as otherwise provided in subsection 2, that the applicant has successfully [:
(1) Completed parts] completed:
(1) Parts I, II, III and IV, and the portion relating to physiotherapy, of the examination administered by the National Board of Chiropractic Examiners , or its successor organization; or
(2) [Completed an] An examination that is required to graduate from a college of chiropractic which is accredited by the Council on Chiropractic Education , or [which has a reciprocal agreement with the Council on Chiropractic Education or any governmental accrediting agency.] its successor organization, or an accrediting agency recognized by that organization. Such an examination must be:
(I) Administered by such a college; and
(II) Approved by the Board.
2. If an applicant has actively engaged in the practice of chiropractic in another state, the District of Columbia, the Commonwealth of Puerto Rico or any other territory or possession of the United States for not less than 7 of the immediately preceding 10 years without any adverse disciplinary action taken against him or her, the applicant is only required to have successfully completed those parts of the examination administered by the National Board of Chiropractic Examiners, or its successor organization, at the time that the applicant graduated from a college of chiropractic.
3. The Board may, for good cause shown, waive the requirement for a particular applicant that the college of chiropractic from which the applicant graduated must be accredited by the Council on Chiropractic Education [or have a reciprocal agreement with the Council on Chiropractic Education or a governmental accrediting agency.] , or its successor organization, or an accrediting agency recognized by that organization.
[3.] 4. Except as otherwise provided in subsections [4] 5 and [5,] 6, every applicant is required to submit evidence of the successful completion of not less than 60 credit hours at an accredited college or university.
κ2021 Statutes of Nevada, Page 528 (CHAPTER 126, AB 210)κ
[4.] 5. Any applicant who has been licensed to practice in another state, and has been in practice for not less than 5 years, is not required to comply with the provisions of subsection [3.] 4.
[5.] 6. If an applicant has received his or her training and education at a school or college located in a foreign country [,] and the course of study leading to his or her degree of doctor of chiropractic consisted of not less than 4,000 hours of instruction, the Board may, if the Board determines that such training and education is substantially equivalent to graduation from a college of chiropractic that is accredited by the Council on Chiropractic Education [and otherwise meets the requirements specified in paragraph (b) of subsection 1,] , or its successor organization, waive the requirement that an applicant attend or graduate from a college that [:
(a) Is] is accredited by the Council on Chiropractic Education , [;] or
[(b) Has a reciprocal agreement with the Council on Chiropractic Education or a governmental accrediting agency.] its successor organization, or an accrediting agency recognized by that organization.
Sec. 8. NRS 634.135 is hereby amended to read as follows:
634.135 1. The Board may charge and collect fees not to exceed:
For an application for a license to practice chiropractic...................................................... $200.00
For an examination for a license to practice chiropractic...................................................... 200.00
For an application for, and the issuance of, a certificate as a [chiropractors] chiropractic assistant................................................................................................................................................... 100.00
For an examination for a certificate as a [chiropractors] chiropractic assistant.............. 100.00
For the issuance of a license to practice chiropractic............................................................. 300.00
For the biennial renewal of a license to practice chiropractic........................................... 1,000.00
For the biennial renewal of an inactive license to practice chiropractic............................. 300.00
For the biennial renewal of a certificate as a [chiropractors] chiropractic assistant....... 200.00
For the restoration to active status of an inactive license to practice chiropractic............ 300.00
For reinstating a license to practice chiropractic which has expired pursuant to NRS 634.130 or has been suspended....................................................................................................................... 500.00
For reinstating a certificate as a [chiropractors] chiropractic assistant which has expired pursuant to NRS 634.130 or has been suspended............................................................................. 100.00
For a review of any subject on the examination........................................................................ 25.00
For the issuance of a duplicate license or for changing the name on a license.................... 35.00
For written verification of licensure or issuance of a certificate of good standing............. 25.00
For providing a list of persons who are licensed to practice chiropractic to a person who is not licensed to practice chiropractic............................................................................................. 25.00
For providing a list of persons who were licensed to practice chiropractic following the most recent examination of the Board to a person who is not licensed to practice chiropractic...... 10.00
κ2021 Statutes of Nevada, Page 529 (CHAPTER 126, AB 210)κ
For a set of mailing labels containing the names and addresses of the persons who are licensed to practice chiropractic in this State........................................................................................ $35.00
For providing a copy of the statutes, regulations and other rules governing the practice of chiropractic in this State to a person who is not licensed to practice chiropractic........ 25.00
For each page of a list of continuing education courses that have been approved by the Board .50
For an application to a preceptor program offered by the Board to graduates of chiropractic schools or colleges.................................................................................................................................. 35.00
For an application for a student or [chiropractor] chiropractic physician to participate in the preceptor program established by the Board pursuant to NRS 634.137......................... 35.00
For a review by the Board of a course offered by a chiropractic school or college or a course of continuing education in chiropractic..................................................................................... 50.00
2. In addition to the fees set forth in subsection 1, the Board may charge and collect reasonable and necessary fees for the expedited processing of a request or for any other incidental service it provides.
3. For a check or other method of payment made payable to the Board or tendered to the Board that is returned to the Board or otherwise dishonored upon presentation for payment, the Board shall assess and collect a fee in the amount established by the State Controller pursuant to NRS 353C.115.
Sec. 9. NRS 634.140 is hereby amended to read as follows:
634.140 The following acts, as applied to a licensee, an officer or director of a registrant or a person who provides or supervises the provision of chiropractic services at the facility of a registrant, are grounds for initiating disciplinary action against a licensee or registrant pursuant to this chapter : [are:]
1. Unprofessional conduct.
2. Incompetence or negligence in the practice of chiropractic.
3. Conviction of:
(a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;
(b) A crime relating to the practice of chiropractic;
(c) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or
(d) Any offense involving moral turpitude.
4. Suspension or revocation of the license to practice chiropractic by any other jurisdiction.
5. Referring, in violation of NRS 439B.425, a patient to a health facility, medical laboratory or commercial establishment in which the licensee , officer, director or person providing or supervising the provision of chiropractic services has a financial interest.
κ2021 Statutes of Nevada, Page 530 (CHAPTER 126, AB 210)κ
6. Operation of a medical facility, as defined in NRS 449.0151, at any time during which:
(a) The license of the facility is suspended or revoked; or
(b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.
Κ This subsection applies to an owner or other principal responsible for the operation of the facility.
Sec. 10. NRS 634.160 is hereby amended to read as follows:
634.160 1. The Board or any of its members who become aware that any one or a combination of the grounds for initiating disciplinary action may exist as to a person practicing chiropractic or a business entity providing chiropractic services in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Executive Director of the Board. A complaint may be filed anonymously. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person or entity who is the subject of the complaint.
2. The Board shall retain all complaints filed with the Executive Director pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.
Sec. 11. NRS 634.170 is hereby amended to read as follows:
634.170 1. When a complaint is filed with the Executive Director of the Board, it must be considered by the President or a member of the Board designated by the President. If, from the complaint or from other official records, it appears that the complaint may be well founded in fact, the Executive Director shall cause written notice of the charges in the complaint to be served upon the person or business entity charged at least 20 days before the date fixed for the hearing. If the Board receives a report pursuant to subsection 5 of NRS 228.420, a hearing must be held within 30 days after receiving the report.
2. If the complaint is not deemed by the President or designated member of the Board to be of sufficient import or sufficiently well founded to merit bringing proceedings against the person or business entity charged, the complaint must be held in abeyance and discussed at the next meeting of the Board.
Sec. 12. NRS 634.190 is hereby amended to read as follows:
634.190 1. The person or business entity charged is entitled to a hearing before the Board, but the failure of the person charged or a representative of the business entity charged to attend a hearing or to defend himself or herself or the business entity, as applicable, does not delay or void the proceedings. The Board may, for good cause shown, continue any hearing from time to time.
2. If the Board finds that the person or business entity committed one or more of the charges made in the complaint, the Board may by order:
(a) Place the person or business entity on probation for a specified period or until further order of the Board.
(b) Administer to the person or business entity a public reprimand.
(c) Limit the practice of the person or business entity to, or by the exclusion of, one or more specified branches of chiropractic.
κ2021 Statutes of Nevada, Page 531 (CHAPTER 126, AB 210)κ
(d) Suspend the license of the person to practice chiropractic or the registration as a business entity that provides chiropractic services for a specified period or until further order of the Board.
(e) Revoke the license of the person to practice chiropractic [.] or registration as a business entity that provides chiropractic services.
(f) Impose a fine of not more than $5,000 for each act which constitutes a ground for disciplinary action, which must be deposited with the State Treasurer for credit to the State General Fund.
Κ The order of the Board may contain such other terms, provisions or conditions as the Board deems proper to remedy or address the facts and circumstances of the particular case.
3. If the Board finds that a licensee has violated the provisions of NRS 439B.425, the Board shall suspend the license for a specified period or until further order of the Board.
4. The Board shall not administer a private reprimand.
5. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
Sec. 13. NRS 634.200 is hereby amended to read as follows:
634.200 1. Any person who has been placed on probation or whose license or registration has been limited, suspended or revoked by the Board is entitled to judicial review of the Boards order.
2. The district court shall give a petition for judicial review of the Boards order priority over other civil matters which are not expressly given that priority by law.
Sec. 14. NRS 634.204 is hereby amended to read as follows:
634.204 1. Any person:
(a) Whose practice of chiropractic has been limited; or
(b) Whose license to practice chiropractic or registration to operate a business entity offering chiropractic services has been suspended until further order,
Κ by an order of the Board may apply to the Board after a reasonable period for removal of the limitation or restoration of his or her license [.] or registration.
2. In hearing the application, the Board:
(a) May require the person or an officer or director of the business entity, as applicable, to submit to a mental or physical examination by physicians or other appropriate persons whom it designates and submit such other evidence of changed conditions and of fitness as it deems proper;
(b) Shall determine whether under all the circumstances the time of the application is reasonable; and
(c) May deny the application or modify or rescind its order as it deems the evidence and the public safety warrant.
Sec. 15. NRS 634.216 is hereby amended to read as follows:
634.216 The Board or any person who or other organization which initiates or assists in any lawful investigation or proceeding concerning the discipline of a [chiropractor] chiropractic physician or a business entity that provides chiropractic services is immune from any civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.
Sec. 16. NRS 634.220 is hereby amended to read as follows:
634.220 1. Nothing in this chapter shall be construed to permit a [chiropractor] chiropractic physician to practice medicine, osteopathic medicine, dentistry, optometry or podiatry, or to administer or prescribe drugs [.]
κ2021 Statutes of Nevada, Page 532 (CHAPTER 126, AB 210)κ
medicine, dentistry, optometry or podiatry, or to administer or prescribe drugs [.] except where authorized by subsection 2.
2. A chiropractic physician may recommend, dispense or administer any drug or device for which the prescription or order of a practitioner is not required by federal or state law.
3. As used in this section, practitioner has the meaning ascribed to it in NRS 639.0125.
Sec. 17. NRS 634.226 is hereby amended to read as follows:
634.226 Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning [a] :
1. A person who practices or offers to practice chiropractic or as a [chiropractors] chiropractic assistant without the appropriate license or certificate issued pursuant to the provisions of this chapter.
2. A business entity that provides chiropractic services without being registered pursuant to the provisions of this chapter.
Sec. 18. NRS 634.227 is hereby amended to read as follows:
634.227 1. A person who:
(a) Presents to the Board as his or her own the diploma, license or credentials of another;
(b) Gives false or forged evidence of any kind to the Board; or
(c) Practices chiropractic under a false or assumed name or falsely personates another licensee,
Κ is guilty of a misdemeanor.
2. Except as otherwise provided in NRS 634.105, 634.117 and 634.1375, a person who does not hold a license issued pursuant to this chapter and:
(a) Practices chiropractic in this State;
(b) Holds himself or herself out as a [chiropractor;] chiropractic physician;
(c) Uses any combination, variation or abbreviation of the terms chiropractor, chiropractic or chiropractic physician as a professional or commercial representation; or
(d) Uses any means which directly or indirectly conveys to another person the impression that he or she is qualified or licensed to practice chiropractic,
Κ is guilty of a category D felony and shall be punished as provided in NRS 193.130, unless a greater penalty is provided pursuant to NRS 200.830 or 200.840.
3. In addition to any other penalty prescribed by law, if the Board determines that a person has committed any act described in subsection 2, the Board may:
(a) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or certificate or otherwise demonstrates that he or she is no longer in violation of subsection 2. An order to cease and desist must include a telephone number with which the person may contact the Board.
(b) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued.
κ2021 Statutes of Nevada, Page 533 (CHAPTER 126, AB 210)κ
activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.
(c) Assess against the person an administrative fine of not more than $5,000.
(d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).
4. A person who owns or operates a business entity that offers chiropractic services:
(a) Which is not registered with the Board pursuant to section 3 of this act; or
(b) For which a chiropractic physician who is not licensed pursuant to this chapter engages in the practice of chiropractic,
Κ is guilty of a category D felony and shall be punished as provided in NRS 193.130.
Sec. 19. NRS 634.240 is hereby amended to read as follows:
634.240 1. In addition to any other remedy provided by law, the Board, through its President, Secretary or its attorney, or the Attorney General, may bring an action in any court of competent jurisdiction to enjoin any person who does not hold a license issued by the Board from practicing chiropractic or representing himself or herself to be a [chiropractor.] chiropractic physician or any business entity that is providing chiropractic services and is not registered pursuant to section 3 of this act. As used in this subsection, practicing chiropractic includes the conducting of independent examinations and the offering of opinions regarding the treatment or care, or both, with respect to patients who are residents of this State.
2. The court in a proper case may issue an injunction for such purposes without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure. The issuance of such an injunction does not relieve the person from criminal prosecution for a violation of NRS 634.227.
Sec. 20. NRS 49.215 is hereby amended to read as follows:
49.215 As used in NRS 49.215 to 49.245, inclusive:
1. A communication is confidential if it is not intended to be disclosed to third persons other than:
(a) Those present to further the interest of the patient in the consultation, examination or interview;
(b) Persons reasonably necessary for the transmission of the communication; or
(c) Persons who are participating in the diagnosis and treatment under the direction of the doctor, including members of the patients family.
2. Doctor means a person licensed to practice medicine, dentistry or osteopathic medicine or chiropractic in any state or nation, or a person who is reasonably believed by the patient to be so licensed, and in addition includes a person employed by a public or private agency as a psychiatric social worker, or someone under his or her guidance, direction or control, while engaged in the examination, diagnosis or treatment of a patient for a mental condition.
κ2021 Statutes of Nevada, Page 534 (CHAPTER 126, AB 210)κ
3. Patient means a person who consults or is examined or interviewed by a doctor for purposes of diagnosis or treatment.
Sec. 21. 1. Notwithstanding any provision of this act to the contrary, any business entity that is providing chiropractic services on or before January 1, 2022:
(a) May continue to provide such services without being registered with the Chiropractic Physicians Board of Nevada pursuant to section 3 of this act until July 1, 2022; and
(b) Must be registered pursuant to section 3 of this act if the entity continues to provide such services after that date.
2. As used in this section, business entity has the meaning ascribed to it in section 2 of this act.
Sec. 22. The Legislative Counsel shall:
1. In preparing the Nevada Revised Statutes, use the authority set forth in subsection 10 of NRS 220.120 to substitute appropriately:
(a) The term chiropractic physician for the term chiropractor as previously used in reference to the practice of chiropractic; and
(b) The term chiropractic assistant for the term chiropractors assistant as previously used in reference to the practice of chiropractic.
2. In preparing supplements to the Nevada Administrative Code, substitute appropriately:
(a) The term chiropractic physician for the term chiropractor as previously used in reference to the practice of chiropractic; and
(b) The term chiropractic assistant for the term chiropractors assistant as previously used in reference to the practice of chiropractic.
Sec. 23. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 22, 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 provisions of this act; and
(b) On January 1, 2022, for all other purposes.
________
κ2021 Statutes of Nevada, Page 535κ
Assembly Bill No. 228Assemblywomen Brittney Miller, Gorelow; Monroe-Moreno and Thomas
CHAPTER 127
[Approved: May 27, 2021]
AN ACT relating to child welfare; prescribing the requirements governing the credentialing and operation of childrens advocacy centers; providing that certain persons are immune from civil liability for certain actions or omissions in duties performed on behalf of or through a childrens advocacy center; requiring the governing body of each county and each agency which provides child welfare services to ensure access to a childrens advocacy center for certain children; creating an account to support childrens advocacy centers; authorizing the disclosure of certain information to a multidisciplinary team of a childrens advocacy center; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the reporting and investigation of the abuse and neglect of children and the placement of children who are victims of abuse or neglect into safe living situations. (Chapter 432B of NRS) Section 3 of this bill defines the term childrens advocacy center to mean a public or private entity that provides an environment friendly to children where multidisciplinary teams made up of law enforcement officers, representatives of agencies which provide child welfare services, providers of health care, district attorneys or their deputies and victims advocates work to: (1) investigate and help children recover from abuse and neglect; and (2) hold perpetrators of abuse and neglect of children accountable. Sections 2, 4 and 5 of this bill define certain other terms related to childrens advocacy centers. Section 6 of this bill requires a childrens advocacy center to hold certain membership with the National Childrens Alliance and adhere to the standards prescribed by that organization, to the extent that those standards do not conflict with federal or state law, to operate in this State. Section 6 provides that an employee or officer of a childrens advocacy center or a member of a multidisciplinary team is immune from civil liability for certain actions or omissions in the performance of his or her duties if he or she acts in good faith. Sections 6, 8 and 9 of this bill provide that information maintained by a childrens advocacy center is generally confidential and may only be disclosed under the same circumstances as information maintained by an agency which provides child welfare services. Section 8.5 of this bill authorizes the disclosure of information maintained by an agency which provides child welfare services to a multidisciplinary team. Section 6 requires: (1) a childrens advocacy center to convene a multidisciplinary team to develop standards for the acceptance of cases by the childrens advocacy center; and (2) the governing body of each county and each agency which provides child welfare services to ensure, to the extent that money is available, that children whose cases meet those standards have access to the services of the childrens advocacy center. Section 7 of this bill creates an account to support the establishment and operation of childrens advocacy centers and authorizes the Division of Child and Family Services of the Department of Health and Human Services to accept gifts, grants, bequests and other contributions for this account.
κ2021 Statutes of Nevada, Page 536 (CHAPTER 127, AB 228)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, Childrens advocacy centers are essential to the health, safety and well-being of children in this State who are victims of child abuse and neglect; and
Whereas, Victims of child abuse and neglect and their families should be assured that childrens advocacy centers in this State are adhering to best practices; and
Whereas, Sustainable and reliable funding is necessary for the creation and operation of childrens advocacy centers; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.
Sec. 3. Childrens advocacy center means a public or private entity that provides an environment friendly to children where multidisciplinary teams work to:
1. Investigate and help children recover from abuse and neglect; and
2. Hold perpetrators of abuse and neglect of children accountable.
Sec. 4. Multidisciplinary team means a team of different types of professionals convened by a childrens advocacy center to respond to the abuse or neglect of a child or develop standards pursuant to subsection 5 of section 6 of this act. Such a team may include, without limitation, law enforcement officers, representatives of agencies which provide child welfare services, district attorneys or their deputies, providers of health care and advocates for victims of abuse or neglect of children.
Sec. 5. Provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 6. 1. To operate in this State, a childrens advocacy center must:
(a) Be recognized by the National Childrens Alliance, or its successor organization, as an accredited member, an associate/developing member or an affiliate member; and
(b) Operate in accordance with the standards prescribed by the National Childrens Alliance, or its successor organization, to the extent that those standards do not conflict with federal or state law.
2. An employee or officer of a childrens advocacy center is immune from civil liability for any action or omission in the performance of his or her duties on behalf of or through the childrens advocacy center if he or she acts in good faith.
3. A member of a multidisciplinary team is immune from civil liability for any act or omission with regard to communications with another member of a multidisciplinary team as part of the performance of his or her duties on behalf of or through a childrens advocacy center if he or she acts in good faith.
4. Except as otherwise provided in this subsection and NRS 239.0115, 432B.165, 432B.175, 432B.513 and 439.538 or as ordered by a court, information maintained by a childrens advocacy center, including, without limitation, reports and investigations made pursuant to this chapter, is confidential.
κ2021 Statutes of Nevada, Page 537 (CHAPTER 127, AB 228)κ
information maintained by a childrens advocacy center, including, without limitation, reports and investigations made pursuant to this chapter, is confidential. Such information may, at the discretion of the childrens advocacy center, be made available only to the persons described in subsection 2 of NRS 432B.290.
5. Each childrens advocacy center shall convene a multidisciplinary team to develop standards for the acceptance of cases by the childrens advocacy center. To the extent that money is available, the governing body of each county and each agency which provides child welfare services shall ensure that children whose cases meet those standards have access to services available through the childrens advocacy center.
Sec. 7. 1. The Account to Support Childrens Advocacy Centers is hereby created in the State General Fund. The Division of Child and Family Services shall administer the Account.
2. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.
3. The Division of Child and Family Services may use the money in the Account to provide monetary support for the establishment and operation of childrens advocacy centers.
4. The Division of Child and Family Services may accept gifts, grants, bequests and other contributions from any source for the purpose of carrying out the provisions of this section.
5. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
Sec. 8. NRS 432B.165 is hereby amended to read as follows:
432B.165 1. For purposes of assisting in locating a missing child who is the subject of an investigation of abuse or neglect and who is in the protective custody of an agency which provides child welfare services or in the custody of another entity pursuant to an order of the juvenile court, an agency which provides child welfare services or a childrens advocacy center may provide the following information to a federal, state or local governmental entity, or an agency of such an entity, that needs access to the information to carry out its legal responsibilities to protect children from abuse or neglect:
(a) The name of the child;
(b) The age of the child;
(c) A physical description of the child; and
(d) A photograph of the child.
2. Information provided pursuant to subsection 1 is not confidential and may be disclosed to any member of the general public upon request.
3. An agency which provides child welfare services that receives information concerning a child who has been placed in the custody of the agency who is missing, including, without limitation, a child who has run away or has been abducted, shall report the information to the appropriate law enforcement agency as soon as practicable, but not later than 24 hours after receiving such information, for investigation pursuant to NRS 432.200.
4. As used in this section, childrens advocacy center has the meaning ascribed to it in section 3 of this act.
Sec. 8.5. NRS 432B.290 is hereby amended to read as follows:
432B.290 1. Information maintained by an agency which provides child welfare services must be maintained by the agency which provides child welfare services as required by federal law as a condition of the allocation of federal money to this State.
κ2021 Statutes of Nevada, Page 538 (CHAPTER 127, AB 228)κ
child welfare services as required by federal law as a condition of the allocation of federal money to this State.
2. Except as otherwise provided in this section and NRS 432B.165, 432B.175 and 432B.513, information maintained by an agency which provides child welfare services may, at the discretion of the agency which provides child welfare services, be made available only to:
(a) A physician, if the physician has before him or her a child who the physician has reasonable cause to believe has been abused or neglected;
(b) A person authorized to place a child in protective custody, if the person has before him or her a child who the person has reasonable cause to believe has been abused or neglected and the person requires the information to determine whether to place the child in protective custody;
(c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:
(1) The child; or
(2) The person responsible for the welfare of the child;
(d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of the abuse or neglect of a child;
(e) Except as otherwise provided in paragraph (f), a court other than a juvenile court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;
(f) A court, as defined in NRS 159A.015, to determine whether a guardian or successor guardian of a child should be appointed pursuant to chapter 159A of NRS or NRS 432B.466 to 432B.468, inclusive;
(g) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to the person;
(h) The attorney and the guardian ad litem of the child, if the information is reasonably necessary to promote the safety, permanency and well-being of the child;
(i) A person who files or intends to file a petition for the appointment of a guardian or successor guardian of a child pursuant to chapter 159A of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child;
(j) The proposed guardian or proposed successor guardian of a child over whom a guardianship is sought pursuant to chapter 159A of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child;
(k) A grand jury upon its determination that access to these records and the information is necessary in the conduct of its official business;
(l) A federal, state or local governmental entity, or an agency of such an entity, or a juvenile court, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect;
κ2021 Statutes of Nevada, Page 539 (CHAPTER 127, AB 228)κ
(m) A person or an organization that has entered into a written agreement with an agency which provides child welfare services to provide assessments or services and that has been trained to make such assessments or provide such services;
(n) A team organized pursuant to NRS 432B.350 for the protection of a child;
(o) A team organized pursuant to NRS 432B.405 to review the death of a child;
(p) A multidisciplinary team, as defined in section 4 of this act;
(q) A parent or legal guardian of the child and an attorney of a parent or guardian of the child, including, without limitation, the parent or guardian of a child over whom a guardianship is sought pursuant to chapter 159A of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child and is limited to information concerning that parent or guardian;
[(q)] (r) The child over whom a guardianship is sought pursuant to chapter 159A of NRS or NRS 432B.466 to 432B.468, inclusive, if:
(1) The child is 14 years of age or older; and
(2) The identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child;
[(r)] (s) The persons or agent of the persons who are the subject of a report, if the information is reasonably necessary to promote the safety, permanency and well-being of the child and is limited to information concerning those persons;
[(s)] (t) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;
[(t)] (u) Upon written consent of the parent, any officer of this State or a city or county thereof or Legislator authorized by the agency or department having jurisdiction or by the Legislature, acting within its jurisdiction, to investigate the activities or programs of an agency which provides child welfare services if:
(1) The identity of the person making the report is kept confidential; and
(2) The officer, Legislator or a member of the family of the officer or Legislator is not the person alleged to have committed the abuse or neglect;
[(u)] (v) The Division of Parole and Probation of the Department of Public Safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court or pursuant to NRS 176.151 in making a general investigation and report;
[(v)] (w) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides child welfare services or to a law enforcement agency;
[(w)] (x) A local advisory board to expedite proceedings for the placement of children created pursuant to NRS 432B.604;
[(x)] (y) The panel established pursuant to NRS 432B.396 to evaluate agencies which provide child welfare services;
κ2021 Statutes of Nevada, Page 540 (CHAPTER 127, AB 228)κ
[(y)] (z) An employer in accordance with subsection 3 of NRS 432.100;
[(z)] (aa) A team organized or sponsored pursuant to NRS 217.475 or 228.495 to review the death of the victim of a crime that constitutes domestic violence;
[(aa)] (bb) The Committee on Domestic Violence appointed pursuant to NRS 228.470; or
[(bb)] (cc) The Committee to Review Suicide Fatalities created by NRS 439.5104.
3. An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:
(a) A copy of:
(1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or
(2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or
(b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect or any collateral sources and reporting parties.
4. Except as otherwise provided by subsection 6, before releasing any information maintained by an agency which provides child welfare services pursuant to this section, an agency which provides child welfare services shall take whatever precautions it determines are reasonably necessary to protect the identity and safety of any person who reports child abuse or neglect and to protect any other person if the agency which provides child welfare services reasonably believes that disclosure of the information would cause a specific and material harm to an investigation of the alleged abuse or neglect of a child or the life or safety of any person.
5. The provisions of this section must not be construed to require an agency which provides child welfare services to disclose information maintained by the agency which provides child welfare services if, after consultation with the attorney who represents the agency, the agency determines that such disclosure would cause a specific and material harm to a criminal investigation.
6. A person who is the subject of an unsubstantiated report of child abuse or neglect made pursuant to this chapter and who believes that the report was made in bad faith or with malicious intent may petition a district court to order the agency which provides child welfare services to release information maintained by the agency which provides child welfare services. The petition must specifically set forth the reasons supporting the belief that the report was made in bad faith or with malicious intent. The petitioner shall provide notice to the agency which provides child welfare services so that the agency may participate in the action through its counsel. The district court shall review the information which the petitioner requests to be released and the petitioner shall be allowed to present evidence in support of the petition. If the court determines that there is a reasonable question of fact as to whether the report was made in bad faith or with malicious intent and that the disclosure of the identity of the person who made the report would not be likely to endanger the life or safety of the person who made the report, the court shall provide a copy of the information to the petitioner and the original information is subject to discovery in a subsequent civil action regarding the making of the report.
κ2021 Statutes of Nevada, Page 541 (CHAPTER 127, AB 228)κ
the court shall provide a copy of the information to the petitioner and the original information is subject to discovery in a subsequent civil action regarding the making of the report.
7. If an agency which provides child welfare services receives any information that is deemed confidential by law, the agency which provides child welfare services shall maintain the confidentiality of the information as prescribed by applicable law.
8. Pursuant to this section, a person may authorize the release of information maintained by an agency which provides child welfare services about himself or herself, but may not waive the confidentiality of such information concerning any other person.
9. An agency which provides child welfare services may provide a summary of the outcome of an investigation of the alleged abuse or neglect of a child to the person who reported the suspected abuse or neglect.
10. Except as otherwise provided in this subsection, any person who is provided with information maintained by an agency which provides child welfare services and who further disseminates the information or makes the information public is guilty of a gross misdemeanor. This subsection does not apply to:
(a) A district attorney or other law enforcement officer who uses the information solely for the purpose of initiating legal proceedings;
(b) An employee of the Division of Parole and Probation of the Department of Public Safety making a presentence investigation and report to the district court pursuant to NRS 176.135 or making a general investigation and report pursuant to NRS 176.151; or
(c) An employee of a juvenile justice agency who provides the information to the juvenile court.
11. An agency which provides child welfare services may charge a fee for processing costs reasonably necessary to prepare information maintained by the agency which provides child welfare services for release pursuant to this section.
12. An agency which provides child welfare services shall adopt rules, policies or regulations to carry out the provisions of this section.
13. As used in this section, juvenile justice agency means the Youth Parole Bureau or a director of juvenile services.
Sec. 9. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014,
κ2021 Statutes of Nevada, Page 542 (CHAPTER 127, AB 228)κ
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, 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 6 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.
κ2021 Statutes of Nevada, Page 543 (CHAPTER 127, AB 228)κ
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:
(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. 10. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 9, 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 provisions of this act; and
(b) On July 1, 2021, for all other purposes.
________
κ2021 Statutes of Nevada, Page 544κ
Assembly Bill No. 278Assemblywoman Duran
CHAPTER 128
[Approved: May 27, 2021]
AN ACT relating to health care; requiring a physician to complete a data request when renewing his or her license or registration; requiring licensing boards that license physicians to make the data request available to applicants for the renewal of a license or registration; requiring the Department of Health and Human Services to collect, maintain and report on information received from the data requests; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law generally requires a holder of a license to practice allopathic medicine to register biennially with the Board of Medical Examiners. (NRS 630.267) Existing law also requires the holders of certain special types of licenses to practice medicine to renew their licenses at various times. (NRS 630.258, 630.261, 630.2615, 630.262, 630.264, 630.2645, 630.265) Existing law requires a holder of a license to practice osteopathic medicine to renew his or her license annually or, for certain special types of licenses, at times determined by the State Board of Osteopathic Medicine. (NRS 633.401, 633.411, 633.415, 633.416, 633.417, 633.418, 633.471) Section 4 of this bill requires the Department of Health and Human Services to develop and make available to the Board of Medical Examiners and the State Board of Osteopathic Medicine a data request to be administered to applicants for the renewal of a license or a biennial registration. Section 4 requires the data request to solicit from each applicant certain information about the practice of the applicant. Sections 1 and 2 of this bill require: (1) each holder of a license to practice as an allopathic or osteopathic physician to complete the data request; and (2) the Board of Medical Examiners and the State Board of Osteopathic Medicine to make the data request available to applicants. Sections 1-2.5 of this bill prohibit the imposition of disciplinary action against: (1) an applicant who refuses or fails to complete a data request; or (2) a licensee who does not report such a failure to the applicable licensing board. Section 4 requires the Department to collect and maintain the information received from the data request from the applicants and prepare an annual report relating to the data received. Sections 1-4 of this bill provide that information collected using the data request is confidential.
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 630 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to any other requirements set forth in this chapter and any regulations adopted pursuant thereto, each applicant for the renewal of any type of license as a physician pursuant to this chapter or a biennial registration pursuant to NRS 630.267 shall complete the data request developed by the Department of Health and Human Services pursuant to section 4 of this act. The applicant shall provide to the Department all the information requested by the data request.
κ2021 Statutes of Nevada, Page 545 (CHAPTER 128, AB 278)κ
2. The Board shall make the data request described in subsection 1 available to applicants for the renewal of a license as a physician or biennial registration on an electronic application for the renewal of a license or registration or through a link included on the Internet website maintained by the Board.
3. An applicant for biennial registration or renewal of a license who refuses or fails to complete a data request pursuant to subsection 1 is not subject to disciplinary action, including, without limitation, refusal to issue the biennial registration or renew the license, for such refusal or failure.
4. The information contained in a completed data request is confidential and, except as required by section 4 of this act, must not be disclosed to any person or entity.
Sec. 1.3. NRS 630.3062 is hereby amended to read as follows:
630.3062 1. The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:
(a) Failure to maintain timely, legible, accurate and complete medical records relating to the diagnosis, treatment and care of a patient.
(b) Altering medical records of a patient.
(c) Making or filing a report which the licensee knows to be false, failing to file a record or report as required by law or knowingly or willfully obstructing or inducing another to obstruct such filing.
(d) Failure to make the medical records of a patient available for inspection and copying as provided in NRS 629.061, if the licensee is the custodian of health care records with respect to those records.
(e) Failure to comply with the requirements of NRS 630.3068.
(f) Failure to report any person the licensee knows, or has reason to know, is in violation of the provisions of this chapter , except for a violation of section 1 of this act, or the regulations of the Board within 30 days after the date the licensee knows or has reason to know of the violation.
(g) Failure to comply with the requirements of NRS 453.163, 453.164, 453.226, 639.23507, 639.23535 and 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto.
(h) Fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV.
2. As used in this section, custodian of health care records has the meaning ascribed to it in NRS 629.016.
Sec. 1.6. NRS 630.3065 is hereby amended to read as follows:
630.3065 The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:
1. Knowingly or willfully disclosing a communication privileged pursuant to a statute or court order.
2. [Knowingly] Except as otherwise provided in section 1 of this act, knowingly or willfully failing to comply with:
(a) A regulation, subpoena or order of the Board or a committee designated by the Board to investigate a complaint against a physician;
(b) A court order relating to this chapter; or
(c) A provision of this chapter.
3. [Knowingly] Except as otherwise provided in section 1 of this act, knowingly or willfully failing to perform a statutory or other legal obligation imposed upon a licensed physician, including a violation of the provisions of NRS 439B.410.
κ2021 Statutes of Nevada, Page 546 (CHAPTER 128, AB 278)κ
Sec. 2. Chapter 633 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to any other requirements set forth in this chapter and any regulations adopted pursuant thereto, each applicant for the renewal of any type of license as an osteopathic physician pursuant to this chapter shall complete the data request developed by the Department of Health and Human Services pursuant to section 4 of this act. The applicant shall provide to the Department all the information included in the request.
2. The Board shall make the data request described in subsection 1 available to applicants for the renewal of a license as an osteopathic physician on an electronic application for the renewal of a license or through a link included on the Internet website maintained by the Board.
3. An applicant for biennial registration or renewal of a license who refuses or fails to complete a data request pursuant to subsection 1 is not subject to disciplinary action, including, without limitation, refusal to issue the biennial registration or renew the license, for such refusal or failure.
4. The information contained in a completed data request is confidential and, except as required by section 4 of this act, must not be disclosed to any person or entity.
Sec. 2.5. NRS 633.511 is hereby amended to read as follows:
633.511 1. The grounds for initiating disciplinary action pursuant to this chapter are:
(a) Unprofessional conduct.
(b) Conviction of:
(1) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;
(2) A felony relating to the practice of osteopathic medicine or practice as a physician assistant;
(3) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;
(4) Murder, voluntary manslaughter or mayhem;
(5) Any felony involving the use of a firearm or other deadly weapon;
(6) Assault with intent to kill or to commit sexual assault or mayhem;
(7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;
(8) Abuse or neglect of a child or contributory delinquency; or
(9) Any offense involving moral turpitude.
(c) The suspension of a license to practice osteopathic medicine or to practice as a physician assistant by any other jurisdiction.
(d) Malpractice or gross malpractice, which may be evidenced by a claim of malpractice settled against a licensee.
(e) Professional incompetence.
(f) Failure to comply with the requirements of NRS 633.527.
(g) Failure to comply with the requirements of subsection 3 of NRS 633.471.
(h) Failure to comply with the provisions of NRS 633.694.
(i) Operation of a medical facility, as defined in NRS 449.0151, at any time during which:
(1) The license of the facility is suspended or revoked; or
(2) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.
κ2021 Statutes of Nevada, Page 547 (CHAPTER 128, AB 278)κ
Κ This paragraph applies to an owner or other principal responsible for the operation of the facility.
(j) Failure to comply with the provisions of subsection 2 of NRS 633.322.
(k) Signing a blank prescription form.
(l) Knowingly or willfully procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:
(1) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;
(2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328;
(3) Is cannabis being used for medical purposes in accordance with chapter 678C of NRS; or
(4) Is an investigational drug or biological product prescribed to a patient pursuant to NRS 630.3735 or 633.6945.
(m) Attempting, directly or indirectly, by intimidation, coercion or deception, to obtain or retain a patient or to discourage the use of a second opinion.
(n) Terminating the medical care of a patient without adequate notice or without making other arrangements for the continued care of the patient.
(o) In addition to the provisions of subsection 3 of NRS 633.524, making or filing a report which the licensee knows to be false, failing to file a record or report that is required by law or knowingly or willfully obstructing or inducing another to obstruct the making or filing of such a record or report.
(p) Failure to report any person the licensee knows, or has reason to know, is in violation of the provisions of this chapter , except for a violation of section 2 of this act, or the regulations of the Board within 30 days after the date the licensee knows or has reason to know of the violation.
(q) Failure by a licensee or applicant to report in writing, within 30 days, any criminal action taken or conviction obtained against the licensee or applicant, other than a minor traffic violation, in this State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.
(r) Engaging in any act that is unsafe in accordance with regulations adopted by the Board.
(s) Failure to comply with the provisions of NRS 629.515.
(t) Failure to supervise adequately a medical assistant pursuant to the regulations of the Board.
(u) Failure to obtain any training required by the Board pursuant to NRS 633.473.
(v) Failure to comply with the provisions of NRS 633.6955.
(w) Failure to comply with the provisions of NRS 453.163, 453.164, 453.226, 639.23507, 639.23535 and 639.2391 to 639.23916, inclusive, and any regulations adopted by the State Board of Pharmacy pursuant thereto.
(x) Fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, administering or dispensing of a controlled substance listed in schedule II, III or IV.
(y) Failure to comply with the provisions of NRS 454.217 or 629.086.
κ2021 Statutes of Nevada, Page 548 (CHAPTER 128, AB 278)κ
2. As used in this section, investigational drug or biological product has the meaning ascribed to it in NRS 454.351.
Sec. 3. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 437.145, 437.207, 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 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,
κ2021 Statutes of Nevada, Page 549 (CHAPTER 128, AB 278)κ
618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2673, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.221, 641.325, 641A.191, 641A.262, 641A.289, 641B.170, 641B.282, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and sections 1, 2 and 4 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:
κ2021 Statutes of Nevada, Page 550 (CHAPTER 128, AB 278)κ
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 4. Chapter 439A of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Department shall develop and make available to the Board of Medical Examiners and the State Board of Osteopathic Medicine an electronic data request to be completed by an applicant for the renewal of a license as a physician or a biennial registration pursuant to NRS 630.267. The electronic data request must solicit from each such applicant the following information:
(a) Whether the applicant is employed by a hospital, a health system or an entity owned by a health system or practices independently from a hospital, a health system or an entity owned by a health system;
(b) If the applicant is employed by a hospital, a health system or an entity owned by a health system, the name of the hospital or health system or the entity and the health system that owns the entity, as applicable;
(c) If the applicant is employed by an entity other than a hospital, a health system or an entity owned by a health system, the name of the legal entity which owns the practice and any assumed or fictitious name of that entity known to the applicant; and
(d) If the applicant practices independently from a hospital, a health system or an entity owned by a health system, the name of the practice of the applicant.
2. The Department shall collect and maintain the information collected pursuant to subsection 1. Such information is confidential and any reporting of the information maintained pursuant to this section by the Department must be in an aggregate form that does not reveal the identity of any physician.
3. The Department shall annually prepare and post on an Internet website maintained by the Department a report based on the data collected pursuant to subsection 1 that analyzes trends in the employment and practices of physicians in this State.
Sec. 5. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 4, 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 provisions of this act; and
(b) On October 1, 2021, for all other purposes.
________
κ2021 Statutes of Nevada, Page 551κ
Assembly Bill No. 336Assemblymen Monroe-Moreno and Roberts
CHAPTER 129
[Approved: May 27, 2021]
AN ACT relating to peace officers; requiring the Peace Officers Standards and Training Commission to adopt regulations establishing standards for an annual behavioral wellness visit for peace officers; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Peace Officers Standards and Training Commission and requires the Commission to adopt regulations establishing minimum standards for the certification and decertification, recruitment, selection and training of peace officers. (NRS 289.500, 289.510) This bill requires the Commission to adopt regulations establishing standards for an annual behavioral wellness visit for peace officers to aid in preserving the emotional and mental health of the peace officer and assessing conditions that may affect the performance of duties by the peace officer.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 289.510 is hereby amended to read as follows:
289.510 1. The Commission:
(a) Shall meet at the call of the Chair, who must be elected by a majority vote of the members of the Commission.
(b) Shall provide for and encourage the training and education of persons whose primary duty is law enforcement to ensure the safety of the residents of and visitors to this State.
(c) Shall adopt regulations establishing minimum standards for the certification and decertification, recruitment, selection and training of peace officers. The regulations must establish:
(1) Requirements for basic training for category I, category II and category III peace officers and reserve peace officers;
(2) Standards for programs for the continuing education of peace officers, including minimum courses of study and requirements concerning attendance, which must require that all peace officers annually complete not less than 12 hours of continuing education in courses that address:
(I) Racial profiling;
(II) Mental health;
(III) The well being of officers;
(IV) Implicit bias recognition;
(V) De-escalation;
(VI) Human trafficking; and
(VII) Firearms.
(3) Qualifications for instructors of peace officers; [and]
(4) Requirements for the certification of a course of training [.] ; and
κ2021 Statutes of Nevada, Page 552 (CHAPTER 129, AB 336)κ
(5) Standards for an annual behavioral wellness visit for peace officers to aid in preserving the emotional and mental health of the peace officer and assessing conditions that may affect the performance of duties by the peace officer.
(d) Shall, when necessary, present courses of training and continuing education courses for category I, category II and category III peace officers and reserve peace officers.
(e) May make necessary inquiries to determine whether the agencies of this State and of the local governments are complying with standards set forth in its regulations.
(f) Shall carry out the duties required of the Commission pursuant to NRS 432B.610 and 432B.620.
(g) May perform any other acts that may be necessary and appropriate to the functions of the Commission as set forth in NRS 289.450 to 289.680, inclusive.
(h) May enter into an interlocal agreement with an Indian tribe to provide training to and certification of persons employed as police officers by that Indian tribe.
(i) Shall develop and approve a standard curriculum of certified training programs in crisis intervention, which may be made available in an electronic format, and which address specialized responses to persons with mental illness and train peace officers to identify the signs and symptoms of mental illness, to de-escalate situations involving persons who appear to be experiencing a behavioral health crisis and, if appropriate, to connect such persons to treatment. A peace officer who completes any program developed pursuant to this paragraph must be issued a certificate of completion.
2. Regulations adopted by the Commission:
(a) Apply to all agencies of this State and of local governments in this State that employ persons as peace officers;
(b) Must require that all peace officers receive training in the handling of cases involving abuse or neglect of children or missing children;
(c) Must require that all peace officers receive training in the handling of cases involving abuse, neglect, exploitation, isolation and abandonment of older persons or vulnerable persons; and
(d) May require that training be carried on at institutions which it approves in those regulations.
Sec. 2. This act becomes effective on January 1, 2023.
________
κ2021 Statutes of Nevada, Page 553κ
Assembly Bill No. 344Assemblywomen Thomas and Krasner
CHAPTER 130
[Approved: May 27, 2021]
AN ACT relating to public welfare; authorizing the establishment of a program to facilitate the transition of older persons and persons with disabilities being discharged from a hospital; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Aging and Disability Services Division of the Department of Health and Human Services to administer certain programs to serve elderly persons and persons with disabilities. (NRS 427A.040) This bill authorizes the Division to establish a program to facilitate the transition of older persons and persons with disabilities from a hospital to their places of residence. This bill requires the program to: (1) provide for collaboration between hospital staff responsible for a discharge and the older person or person with a disability being discharged and his or her caregivers; and (2) facilitate the coordination of health care and social services for an older person or a person with a disability.
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 427A of NRS is hereby amended by adding thereto a new section to read as follows:
1. To the extent that money is available for this purpose, the Division may establish by regulation a program to facilitate the transition of older persons and persons with disabilities from a hospital to their places of residence. The program must:
(a) Provide for collaboration between:
(1) Hospital staff who are responsible for discharging an older person or a person with a disability; and
(2) The older person or person with a disability and any caregivers or other persons assisting the older person or person with a disability; and
(b) Facilitate the coordination of health care and social services to support the older person or person with a disability and any caregivers or other persons assisting the older person or person with a disability.
2. The Division may:
(a) Limit the program established pursuant to this section to particular groups of older persons or persons with disabilities within the limits of available funding;
(b) Accept gifts, grants and donations for the purpose of establishing and operating the program; and
κ2021 Statutes of Nevada, Page 554 (CHAPTER 130, AB 344)κ
(c) Use other options available to fund the program, including, without limitation, billing third parties for the services provided by the program to persons currently covered by the third parties.
3. As used in this section:
(a) Older person means a person who is 60 years of age or older.
(b) Person with a disability means:
(1) A person with a physical disability, as defined in NRS 427A.1222;
(2) A person with a related condition, as defined in NRS 427A.1224; or
(3) A person with an intellectual disability, as defined in NRS 427A.1226.
(c) Third party means:
(1) An insurer, as defined in NRS 679B.540;
(2) A health benefit plan, as defined in NRS 687B.470, for employees which provides coverage for services and care at a hospital;
(3) A participating public agency, as defined in NRS 287.04052, and any other local governmental agency of the State of Nevada which provides a system of health insurance for the benefit of its officers and employees, and the dependents of officers and employees, pursuant to chapter 287 of NRS; or
(4) Any other insurer or organization providing health coverage or benefits in accordance with state or federal law.
Κ The term does not include an insurer that provides coverage under a policy of casualty or property insurance.
Sec. 2. 1. This section becomes effective upon passage and approval.
2. Section 1 of this act becomes effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On October 1, 2021, for all other purposes.
________
κ2021 Statutes of Nevada, Page 555κ
Assembly Bill No. 348Assemblywoman Carlton
CHAPTER 131
[Approved: May 27, 2021]
AN ACT relating to health care; transferring the Patient Protection Commission from the Office of the Governor to the Office of the Director of the Department of Health and Human Services; revising the membership and duties of the Commission; requiring the Commission to coordinate and administer certain assistance; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Patient Protection Commission in the Office of the Governor, which is made up of certain stakeholders in the delivery of health care. (NRS 439.908, 439.914) Existing law requires the Commission to systematically review issues related to the health care needs of residents of this State and the quality, accessibility and affordability of health care. (NRS 439.916) Section 2 of this bill transfers the Commission from the Office of the Governor to the Office of the Director of the Department of Health and Human Services and revises the membership of the Commission. Section 2 also requires the members of the Commission to comply with certain requirements regarding disclosure of conflicts of interest and abstention from voting when certain conflicts arise. Section 2.5 of this bill requires the Commission to adopt bylaws that govern the operation of the Commission. Section 3 of this bill requires the Commission to: (1) establish a plan to increase access by patients to their medical records and provide for the interoperability of medical records between providers of health care; and (2) make certain recommendations to the Director and the Legislature concerning the use and availability of data relating to health care.
On March 9, 2021, the Milbank Memorial Fund announced that this State has been selected to participate in the Peterson-Milbank Program for Sustainable Health Care Costs. The Program: (1) provides technical assistance to participating states in developing targets for the reduction of per-capita spending on healthcare; and (2) helps participating states analyze and collaboratively address the underlying drivers of growth in the cost of health care. Section 24 of this bill designates the Patient Protection Commission as the sole state agency responsible for administering and coordinating matters relating to the participation of this State in 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. (Deleted by amendment.)
Sec. 2. NRS 439.908 is hereby amended to read as follows:
439.908 1. The Patient Protection Commission is hereby created [.] within the Office of the Director. The Commission consists of:
(a) The following [11] 12 voting members appointed by the Governor:
(1) Two members who are persons [who have] with expertise and experience in advocating on behalf of patients.
(2) [Two representatives of providers] One member who is a provider of health care [.] who operates a for-profit business to provide health care.
(3) [Two representatives of hospitals.
κ2021 Statutes of Nevada, Page 556 (CHAPTER 131, AB 348)κ
(4) Two representatives of health insurers.
(5) One person who engages in the academic study of health care policy or public health.
(6) One representative of the prescription drug industry.] One member who is a registered nurse who practices primarily at a nonprofit hospital.
(4) One member who is a physician or registered nurse who practices primarily at a federally-qualified health center, as defined in 42 U.S.C. § 1396d(l)(2)(B).
(5) One member who is a pharmacist at a pharmacy not affiliated with any chain of pharmacies or a person who has expertise and experience in advocating on behalf of patients.
(6) One member who represents a nonprofit public hospital that is located in the county of this State that spends the largest amount of money on hospital care for indigent persons pursuant to chapter 428 of NRS.
(7) One member who represents the private nonprofit health insurer with the highest percentage of insureds in this State who are adversely impacted by social determinants of health.
(8) One member who has expertise and experience in advocating for persons who are not covered by a policy of health insurance.
(9) One member who has expertise and experience in advocating for persons with special health care needs and has education and experience in health care.
(10) One member who is an employee or a consultant of the Department with expertise in health information technology and patient access to medical records.
(11) One member who is a representative of the general public.
(b) The Director of the Department, the Commissioner of Insurance , [and] the Executive Director of the Silver State Health Insurance Exchange and the Executive Officer of the Public Employees Benefits Program or his or her designee as ex officio, nonvoting members.
2. The Governor shall:
(a) Appoint two of the voting members of the Commission described in paragraph (a) of subsection 1 from a list of persons nominated by the Majority Leader of the Senate;
(b) Appoint two of the voting members of the Commission described in paragraph (a) of subsection 1 from a list of persons nominated by the Speaker of the Assembly; and
(c) Ensure that the members appointed by the Governor to the Commission reflect the geographic diversity of this State.
3. Members of the Commission serve [without] :
(a) At the pleasure of the Governor; and
(b) Without compensation or per diem but are entitled to receive reimbursement for travel expenses in the same amount provided for state officers and employees generally.
4. After the initial terms, the term of each voting member is 2 years, except that the Governor may remove a voting member at any time and for any reason. A member may be reappointed.
5. If a vacancy occurs during the term of a voting member, the Governor shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term.
κ2021 Statutes of Nevada, Page 557 (CHAPTER 131, AB 348)κ
6. The Governor shall annually designate a voting member to serve as the Chair of the Commission.
7. A majority of the voting members of the Commission constitutes a quorum for the transaction of business, and a majority of the members of a quorum present at any meeting is sufficient for any official action taken by the Commission.
8. The members of the Commission shall comply with the requirements of NRS 281A.420 applicable to public officers generally.
Sec. 2.5. NRS 439.912 is hereby amended to read as follows:
439.912 1. The Commission shall [meet] :
(a) Meet at the call of the Chair.
(b) Adopt bylaws that govern the operation of the Commission.
2. The Commission may:
(a) Establish subcommittees and working groups consisting of members of the Commission or other persons to assist the Commission in the performance of its duties. Each subcommittee expires 6 months after it is created but may be continued with approval of the Commission. Not more than six subcommittees may exist at any time.
(b) To the extent that money is available for this purpose, enter into contracts with consultants to assist the Commission in the performance of its duties.
3. Within the limits of available resources, state agencies, boards and commissions shall, upon the request of the Executive Director of the Commission, provide advice and technical assistance to the Commission.
Sec. 3. NRS 439.918 is hereby amended to read as follows:
439.918 1. In addition to conducting the review described in NRS 439.916, the Commission shall : [attempt to:]
(a) [Identify] Attempt to identify and facilitate collaboration between existing state governmental entities that study or address issues relating to the quality, accessibility and affordability of health care in this State, including, without limitation, the regional behavioral health policy boards created by NRS 433.429; [and]
(b) [Coordinate] Attempt to coordinate with such entities to reduce any duplication of efforts among and between those entities and the Commission ; [:]
(c) Establish, submit to the Director and annually update a plan to increase access by patients to their medical records and provide for the interoperability of medical records between providers of health care in accordance with the requirements of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any other applicable federal law or regulations; and
(d) Make recommendations to the Director and the Legislature concerning:
(1) The analysis and use of data to improve access to and the quality of health care in this State, including, without limitation, using data to establish priorities for addressing health care needs; and
(2) Ensuring that data concerning health care in this State is publicly available and transparent.
2. On or before January 1 and July 1 of each year, the Commission shall:
(a) Compile a report describing the meetings of the Commission and the activities of the Commission during the immediately preceding 6 months.
κ2021 Statutes of Nevada, Page 558 (CHAPTER 131, AB 348)κ
The report must include, without limitation, a description of any issues identified as negatively impacting the quality, accessibility or affordability of health care in this State and any recommendations for legislation, regulations or other changes to policy or budgets to address those issues.
(b) Submit the report to the Governor and the Director of the Legislative Counsel Bureau for transmittal to:
(1) In January of odd-numbered years, the next regular session of the Legislature.
(2) In all other cases, to the Legislative Committee on Health Care.
3. Upon receiving a report pursuant to subsection 2, the Governor shall post the report on an Internet website maintained by the Governor.
4. The Commission may prepare and publish additional reports on specific topics at the direction of the Chair.
Secs. 4-21. (Deleted by amendment.)
Sec. 22. As used in sections 22, 23 and 24 of this act, Patient Protection Commission means the Patient Protection Commission created by NRS 439.908.
Sec. 23. 1. The terms of the members of the Patient Protection Commission appointed pursuant to NRS 439.908 who are incumbent on June 30, 2021, expire on that date.
2. On or before July 1, 2021, the Governor shall:
(a) Appoint to the Patient Protection Commission to serve initial terms that expire on July 1, 2022:
(1) One member described in subparagraph (1) of paragraph (a) of subsection 1 of NRS 439.908, as amended by section 2 of this act.
(2) The member described in subparagraph (2) of paragraph (a) of subsection 1 of NRS 439.908, as amended by section 2 of this act.
(3) The member described in subparagraph (3) of paragraph (a) of subsection 1 of NRS 439.908, as amended by section 2 of this act.
(4) The member described in subparagraph (4) of paragraph (a) of subsection 1 of NRS 439.908, as amended by section 2 of this act.
(5) The member described in subparagraph (5) of paragraph (a) of subsection 1 of NRS 439.908, as amended by section 2 of this act.
(6) The member described in subparagraph (6) of paragraph (a) of subsection 1 of NRS 439.908, as amended by section 2 of this act.
(b) Appoint to the Patient Protection Commission to serve initial terms that expire on July 1, 2023:
(1) One member described in subparagraph (1) of paragraph (a) of subsection 1 of NRS 439.908, as amended by section 2 of this act.
(2) The member described in subparagraph (7) of paragraph (a) of subsection 1 of NRS 439.908, as amended by section 2 of this act.
(3) The member described in subparagraph (8) of paragraph (a) of subsection 1 of NRS 439.908, as amended by section 2 of this act.
(4) The member described in subparagraph (9) of paragraph (a) of subsection 1 of NRS 439.908, as amended by section 2 of this act.
(5) The member described in subparagraph (10) of paragraph (a) of subsection 1 of NRS 439.908, as amended by section 2 of this act.
(6) The member described in subparagraph (11) of paragraph (a) of subsection 1 of NRS 439.908, as amended by section 2 of this act.
3. The Governor may reappoint a member of the Patient Protection Commission whose term expires on June 30, 2021, if that member meets any of the qualifications for membership prescribed by paragraph (a) of subsection 1 of NRS 439.908, as amended by section 2 of this act.
κ2021 Statutes of Nevada, Page 559 (CHAPTER 131, AB 348)κ
Sec. 24. To the extent authorized by the terms of the Program, the Patient Protection Commission is hereby designated as the sole state agency responsible for administering and coordinating matters relating to the participation of this State in the Peterson-Milbank Program for Sustainable Health Care Costs. The Commission shall:
1. Collaborate with the Milbank Memorial Fund, the Peterson Center on Healthcare, Bailit Health and any other persons and entities as necessary to administer and coordinate matters relating to the participation of this State in the Program; and
2. To the extent authorized by the terms of the Program, make decisions concerning the allocation of financial and technical assistance provided by the Program.
Secs. 25 and 26. (Deleted by amendment.)
Sec. 27. 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. 28. (Deleted by amendment.)
Sec. 29. 1. This section and section 24 of this act becomes effective upon passage and approval.
2. Sections 1 to 23, inclusive, and 25 to 28, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On July 1, 2021, for all other purposes.
________
Assembly Bill No. 362Assemblywoman Benitez-Thompson
CHAPTER 132
[Approved: May 27, 2021]
AN ACT relating to education; requiring the Board of Trustees of the College Savings Plans of Nevada to adopt a policy relating to certain excess money in the Nevada Higher Education Prepaid Tuition Trust Fund; revising provisions governing the use of the money in the Trust Fund; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Board of Trustees of the College Savings Plans of Nevada to, among other things, oversee the Nevada Higher Education Prepaid Tuition Program. (NRS 353B.005, 353B.010-353B.190) Existing law requires the Board to develop and maintain the Program for the prepayment of the tuition of the beneficiary of a prepaid tuition contract at an eligible in-state or out-of-state public or private university, college or community college. (NRS 353B.090) Existing law also creates the Nevada Higher Education Prepaid Tuition Trust Fund for the deposit of payments under prepaid tuition contracts and other sources of money for the Program. (NRS 353B.140) Existing law requires the State Treasurer to: (1) administer the Trust Fund; and (2) invest the property in the Trust Fund pursuant to the investment policies adopted by the Board. (NRS 353B.150, 353B.160)
κ2021 Statutes of Nevada, Page 560 (CHAPTER 132, AB 362)κ
Section 1 of this bill requires the Board to adopt and, as necessary, revise a policy for the use of any money in the Trust Fund that is in excess of the amount of money determined by the Board to be required to establish a guaranteed rate for tuition under a prepaid tuition contract. Section 2 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes. Section 3 of this bill authorizes the use of money in the Trust Fund for the payment of qualified higher education expenses for qualified beneficiaries under the Program in accordance with the policy adopted pursuant to section 1.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 353B of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Board shall adopt and, as necessary, revise a policy for the use of any money in the Trust Fund that is in excess of the amount of money determined by the Board to be required to establish a guaranteed rate for tuition under a prepaid tuition contract.
2. In adopting and revising the policy pursuant to subsection 1, the Board must consider, without limitation, the short-term and long-term financial viability of the Program developed pursuant to NRS 353B.090, including, without limitation, the projected future costs of prepaid tuition contracts.
Sec. 2. NRS 353B.010 is hereby amended to read as follows:
353B.010 As used in NRS 353B.010 to 353B.190, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 353B.030 to 353B.070, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. NRS 353B.140 is hereby amended to read as follows:
353B.140 1. The Nevada Higher Education Prepaid Tuition Trust Fund is hereby created within the State Treasury to allow [the] :
(a) The cost of tuition to be paid in advance of enrollment at an institution of higher education [.] ; and
(b) The payment of qualified higher education expenses for qualified beneficiaries in accordance with the policy adopted pursuant to section 1 of this act.
2. The Trust Fund consists of payments received pursuant to:
(a) A prepaid tuition contract;
(b) A bequest, endowment or grant from the Federal Government;
(c) A matching contribution made as described in NRS 363A.137 or 363B.117;
(d) A loan made to the Trust Fund for purposes of the fiscal stabilization of the Nevada Higher Education Prepaid Tuition Program; or
(e) Any other public or private source of money.
3. Money in the Trust Fund that is not expended during any biennium does not revert to the State General Fund at any time.
4. As used in this section, qualified higher education expenses has the meaning ascribed to it in 26 U.S.C. § 529.
Sec. 4. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 561κ
Assembly Bill No. 378Committee on Natural Resources
CHAPTER 133
[Approved: May 27, 2021]
AN ACT relating to public lands; revising the purpose of the State Land Office; revising provisions relating to the duties of the State Land Use Planning Agency; repealing various provisions relating to public lands; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the State Land Office for the purpose of selecting and disposing of certain lands granted by the United States to the State of Nevada. (NRS 321.010) Section 1 of this bill provides, instead, that the purpose of the State Land Office is for selecting, managing and, where appropriate, disposing of such lands.
Section 3 of this bill eliminates the definition of public lands for purposes of state planning for the use of certain lands.
Existing law designates the Division of State Lands of the State Department of Conservation and Natural Resources as the State Land Use Planning Agency and sets forth various duties and responsibilities of the Agency. (NRS 321.640-321.770) Section 5 of this bill eliminates from the list of priorities of the Agency: (1) activities relating to federal lands in this State; and (2) investigation and review of proposals for the designation of areas of critical environmental concern and the development of standards and plans therefor.
Section 6 of this bill revises the duties of the Administrator of the Division of State Lands with respect to the State Land Use Planning Agency to require that the Administrator provide assistance to counties in developing plans and policies, in addition to programs, to increase the involvement of local governments in the coordinated management of lands in the State that are under federal management.
Section 7 of this bill revises the duties of the State Land Use Planning Agency concerning the purchase by the Federal Government of private land or the exchange of public land for private land to remove the requirement that the State Land Use Planning Agency include comments received from the governing body of an affected county or city in any written comments submitted by the State Land Use Planning Agency to the Federal Government and instead authorizes the State Land Use Planning Agency to include such comments received from the governing body of an affected county or city.
Section 8 of this bill removes from the duties of the State Land Use Planning Agency the duty to identify lands that are suitable for acquisition.
Section 14 of this bill repeals various provisions relating to public lands, including provisions: (1) creating the Board of Review to review regulations, decisions and plans or statements of policy of the State Registrar and State Land Use Planning Agency; (2) directing the management of certain public lands; (3) creating the Public Land Trust Fund; (4) authorizing the State Land Use Planning Agency to represent interests of certain entities that are affected by policies and activities involving the use of federal law; and (5) setting forth procedures for state consent to the federal use of public lands. Section 14 also repeals language declaring the intent of the State to seek the acquisition of lands retained by the Federal Government within the borders of the State.
Sections 10 and 13 make conforming changes to remove references to these repealed provisions.
κ2021 Statutes of Nevada, Page 562 (CHAPTER 133, AB 378)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 321.010 is hereby amended to read as follows:
321.010 1. For the purpose of selecting , managing and , where appropriate, disposing of the lands granted by the United States to the State of Nevada, including the 16th and 36th sections, and those selected in lieu thereof, in accordance with the terms and conditions of the several grants of land by the United States to the State of Nevada, a State Land Office is hereby created.
2. The Administrator as executive head of the Division is the ex officio State Land Registrar.
3. The State Land Registrar may appoint one Deputy State Land Registrar and such technical, clerical and operational staff as the execution of the duties of the State Land Registrar and the operation of the State Land Office may require.
Sec. 2. (Deleted by amendment.)
Sec. 3. NRS 321.655 is hereby amended to read as follows:
321.655 As used in NRS 321.640 to 321.770, inclusive:
1. Administrator means the executive head of the Division.
2. Area of critical environmental concern means any area in this State where there is or could develop irreversible degradation of more than local significance but does not include an area of depleting water supply which is caused by the beneficial use or storage of water in other areas pursuant to legally owned and fully appropriated water rights.
3. Planning agency means:
(a) The planning commission for the city in which the land is entirely located; or
(b) A county or regional planning commission, if there is one, or the board of county commissioners or Nevada Tahoe Regional Planning Agency, within whose jurisdiction the land is located.
[4. Public lands means all lands within the exterior boundaries of the State of Nevada except lands:
(a) To which title is held by any private person or entity;
(b) To which title is held by the State of Nevada, any of its local governments or the Nevada System of Higher Education;
(c) Which are located within congressionally authorized national parks, monuments, national forests or wildlife refuges, or which are lands acquired by purchase consented to by the Legislature;
(d) Which are controlled by the United States Department of Defense, Department of Energy or Bureau of Reclamation; or
(e) Which are held in trust for Indian purposes or are Indian reservations.]
Sec. 4. (Deleted by amendment.)
Sec. 5. NRS 321.710 is hereby amended to read as follows:
321.710 1. The Administrator shall administer the activities of the State Land Use Planning Agency. The Administrator has authority and responsibility for the development and distribution of information useful to land use planning.
κ2021 Statutes of Nevada, Page 563 (CHAPTER 133, AB 378)κ
2. The [activities of the] State Land Use Planning Agency [which have priority are:
(a) Provision of] may provide technical assistance to a county or city in areas where such assistance is requested . [;
(b) Activities relating to federal lands in this State; and
(c) Investigation and review of proposals for designation of areas of critical environmental concern and the development of standards and plans therefor.]
3. In addition to the assistant provided by subsection 3 of NRS 321.010 the Administrator may appoint, subject to the availability of money, such professional, technical, administrative, clerical and other persons as the Administrator may require for assistance in performing his or her land use planning duties.
Sec. 6. NRS 321.720 is hereby amended to read as follows:
321.720 1. The Administrator shall develop and make available to cities and counties information useful to land use planning, including:
(a) Preparation and continuing revision of a statewide inventory of the land and natural resources of the State;
(b) Preparation and continuing revision of an inventory of state, local government and private needs and priorities concerning the acquisition and use of federal lands within the State;
(c) Preparation and continuing revision of an inventory of public and private institutional and financial resources available for land use planning and management within the State and of state and local programs and activities which have a land use impact of more than local concern;
(d) Provision, where appropriate, of technical assistance and training programs for state and local agency personnel concerned with the development and implementation of state and local land use programs;
(e) Coordination and exchange of land use planning information and data among state agencies and local governments, with the Federal Government, among the several states and interstate agencies, and with members of the public, including conducting of public hearings, preparation of reports and soliciting of comments on reports concerning information useful to land use planning;
(f) Coordination of planning for state and local acquisition and use of federal lands within the State, except that in the case of a plan which utilizes both federal and private lands the governing body of the area where private lands are to be utilized has final authority to approve the proposal;
(g) Provision of assistance to counties to develop plans, policies and programs to increase the [responsibility] involvement of local governments [for the] in the coordinated management of lands in the State of Nevada that are under federal management; and
(h) Consideration of, and consultation with, the relevant states on the interstate aspects of land use issues of more than local concern.
2. To the extent practicable, the Administrator shall:
(a) Compile any information developed pursuant to subsection 1; and
(b) Make the compilation available to cities and counties.
Sec. 7. NRS 321.7353 is hereby amended to read as follows:
321.7353 1. Upon receipt of a notice of realty action from the United States concerning the purchase by the Federal Government of private land or the exchange of public land for private land, the State Land Use Planning Agency shall give written notice of the proposed action to the governing body of each county or city affected within 1 week after its receipt of the notice.
κ2021 Statutes of Nevada, Page 564 (CHAPTER 133, AB 378)κ
2. The governing body of each affected county or city may, in addition to submission of comments directly to the Federal Government, deliver its written comments on the proposed realty action, including an estimation of any related reduction in the total assessed valuation of the real property within the jurisdiction of the local government and recommendations for mitigation of the loss of assessed valuation, to the State Land Use Planning Agency within 30 days after receipt of the notice.
3. If the State Land Use Planning Agency elects to submit written comment to the Federal Government upon the realty action, it [shall] may include in its submission any comments it received pursuant to subsection 2.
Sec. 8. NRS 321.7355 is hereby amended to read as follows:
321.7355 1. The State Land Use Planning Agency [shall] may prepare, in cooperation with appropriate federal and state agencies and local governments throughout the State, plans or statements of policy concerning the [acquisition and use] administration of lands in the State of Nevada that are under federal management.
[2. The State Land Use Planning Agency shall, in preparing the plans and statements of policy, identify lands which are suitable for acquisition for:
(a) Commercial, industrial or residential development;
(b) The expansion of the property tax base, including the potential for an increase in revenue by the lease and sale of those lands; or
(c) Accommodating increases in the population of this State.
Κ] The plans or statements of policy must not include matters concerning zoning or the division of land and must be consistent with local plans and regulations concerning the use of private property.
[3.] 2. The State Land Use Planning Agency shall:
(a) Encourage public comment upon the various matters treated in a proposed plan or statement of policy throughout its preparation and incorporate such comments into the proposed plan or statement of policy as are appropriate;
(b) Submit its work on a plan or statement of policy periodically for review and comment by the Land Use Planning Advisory Council and any committees of the Legislature or subcommittees of the Legislative Commission that deal with matters concerning the public lands; and
(c) Provide written responses to written comments received from a county or city upon the various matters treated in a proposed plan or statement of policy.
[4.] 3. Whenever the State Land Use Planning Agency prepares plans or statements of policy pursuant to subsection 1 and submits those plans or [policy] statements of policy to the Governor, Legislature or an agency of the Federal Government, the State Land Use Planning Agency shall include with each plan or statement of policy the comments and recommendations of:
(a) The Land Use Planning Advisory Council; and
(b) Any committees of the Legislature or subcommittees of the Legislative Commission that deal with matters concerning the public lands.
[5.] 4. A plan or statement of policy must be approved by the governing bodies of the county and cities affected by it before it is put into effect.
Sec. 9. (Deleted by amendment.)
Sec. 10. NRS 328.065 is hereby amended to read as follows:
328.065 An officer of an agency or instrumentality of the United States:
1. May apply to the Director of the Legislative Counsel Bureau pursuant to NRS 328.065 to 328.135, inclusive, to obtain a cession of concurrent criminal jurisdiction or other jurisdiction from the State of Nevada.
κ2021 Statutes of Nevada, Page 565 (CHAPTER 133, AB 378)κ
2. Shall apply to the State Engineer pursuant to Title 48 of NRS to appropriate water on the public lands or other federal lands of this state. The State Engineer has continuing jurisdiction over any acquisition by the United States of the waters of the State of Nevada, whether by purchase, gift, condemnation, appropriation pursuant to the states water laws or otherwise, and whether appurtenant to lands acquired by or retained by the United States.
3. Shall apply to the Department of Transportation pursuant to the procedure set forth in NRS 408.537, 408.543 and 408.547 for consent to close a public road, as defined in NRS 405.191, which is located on the public lands of this state.
[4. Shall apply to the State Land Use Planning Agency pursuant to the procedure set forth in NRS 321.736 to 321.739, inclusive, for consent to use land held solely for proprietary purposes relating to the retention and management of the public lands, if that use interferes with the sovereignty of this state respecting the land within its borders.]
Secs. 11 and 12. (Deleted by amendment.)
Sec. 13. NRS 487.210 is hereby amended to read as follows:
487.210 As used in NRS 487.210 to 487.300, inclusive, unless the context otherwise requires:
1. Abandoned vehicle means a vehicle:
(a) If the vehicle is discovered upon public lands, that the owner has discarded.
(b) If the vehicle is discovered upon public or private property other than public lands:
(1) That the owner has discarded; or
(2) Which has not been reclaimed by the registered owner or a person having a security interest in the vehicle within 15 days after notification pursuant to NRS 487.250.
2. Public lands [has the meaning ascribed to it in NRS 321.5963.] means all lands within the exterior boundaries of the State of Nevada except lands:
(a) To which title is held by any private person or entity;
(b) To which title is held by the State of Nevada, any of its local governments or the Nevada System of Higher Education;
(c) Which are located within congressionally authorized national parks, monuments, national forests or wildlife refuges or which are lands acquired by purchase consented to by the Legislature;
(d) Which are controlled by the United States Department of Defense, Department of Energy or Bureau of Reclamation; or
(e) Which are held in trust for Indian purposes or are Indian reservations.
Sec. 14. NRS 321.00051, 321.596, 321.5963, 321.5967, 321.597, 321.5973, 321.5977, 321.598, 321.5983, 321.5987, 321.599, 321.601, 321.735, 321.736, 321.737, 321.738 and 321.739 are hereby repealed.
________
κ2021 Statutes of Nevada, Page 566κ
Assembly Bill No. 390Committee on Legislative Operations and Elections
CHAPTER 134
[Approved: May 27, 2021]
AN ACT relating to elections; requiring notice of a contest of an election to be provided to the candidate whose election is being contested; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes any candidate at an election or any registered voter of the appropriate political subdivision to contest the election of any candidate, except for the office of United States Senator or Representative in Congress. Except where the contest involves the general election for the office of Governor, Lieutenant Governor, Assemblyman, Assemblywoman, State Senator, justice of the Supreme Court or judge of the Court of Appeals, the candidate or voter who wishes to contest an election must file with the clerk of the district court a written statement of contest. (NRS 293.407) Section 1 of this bill requires the contestant to provide notice that the statement of contest has been filed to the defendant, who is the candidate whose election is being contested.
Existing law provides that if a contest of a general election is for the office of Governor, Lieutenant Governor, Assemblyman, Assemblywoman, State Senator, justice of the Supreme Court or judge of the Court of Appeals, the candidate or voter who wishes to contest the election must file a statement of contest with the Secretary of State. (NRS 293.425, 293.430) Sections 2 and 3 of this bill require the contestant and the Secretary of State to provide notice that the statement of contest has been filed to the defendant, who is the candidate whose election is being contested.
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 293.407 is hereby amended to read as follows:
293.407 1. A candidate at any election, or any registered voter of the appropriate political subdivision, may contest the election of any candidate, except for the office of United States Senator or Representative in Congress.
2. Except where the contest involves the general election for the office of Governor, Lieutenant Governor, Assemblyman, Assemblywoman, State Senator, justice of the Supreme Court or judge of the Court of Appeals, a candidate or voter who wishes to contest an election, including election to the office of presidential elector, must, within the time prescribed in NRS 293.413, file with the clerk of the district court a written statement of contest, setting forth:
(a) The name of the contestant and that the contestant is a registered voter of the political subdivision in which the election to be contested or part of it was held;
(b) The name of the defendant;
(c) The office to which the defendant was declared elected;
(d) The particular grounds of contest and the section of Nevada Revised Statutes pursuant to which the statement is filed; and
κ2021 Statutes of Nevada, Page 567 (CHAPTER 134, AB 390)κ
(e) The date of the declaration of the result of the election and the body or board which canvassed the returns thereof.
3. The contestant shall verify the statement of contest in the manner provided for the verification of pleadings in civil actions.
4. All material regarding a contest filed by a contestant with the clerk of the district court must be filed in triplicate.
5. The contestant must notify the defendant that a statement of contest has been filed pursuant to this section.
Sec. 2. NRS 293.425 is hereby amended to read as follows:
293.425 1. If the contest is of the general election for the office of Assemblyman, Assemblywoman or Senator, a statement of contest, prepared as provided in NRS 293.407, and all depositions, ballots and other documents relating to the contest must be filed with the Secretary of State within the time provided for the filing of statements of contests with the clerk of the district court. The parties to such a contest shall be designated contestant and defendant. The contestant and the Secretary of State shall notify the defendant that a statement of contest and documents have been filed by the contestant pursuant to this section.
2. On or before December 15 of the year immediately preceding a regular legislative session:
(a) The contestant in a contest of a general election for the office of Assemblyman, Assemblywoman or Senator may amend the statement of contest filed pursuant to this section by filing an amended statement of contest and any relevant depositions, ballots and other documents relating to the contest with the Secretary of State; and
(b) Each party in a contest of a general election for the office of Assemblyman, Assemblywoman or Senator shall provide the Secretary of State with a list of the witnesses the party intends to present at the hearing of the contest.
3. Each party in a contest of a general election for the office of Assemblyman, Assemblywoman or Senator may:
(a) Before the hearing of the contest:
(1) Take the deposition of any witness in the manner prescribed by rule of court for taking depositions in civil actions in the district courts; and
(2) Investigate issues relating to the contest; and
(b) At the hearing of the contest, present any relevant depositions and other evidence obtained as a result of such investigation at the hearing of the contest, including, without limitation, evidence obtained after the date for filing an amended statement of contest. If a party obtains evidence after such date, the evidence may not be included in the statement of contest or amended statement of contest.
Sec. 3. NRS 293.430 is hereby amended to read as follows:
293.430 1. If the contest is of the general election for the office of Governor, Lieutenant Governor, justice of the Supreme Court or judge of the Court of Appeals, the statement of contest and all depositions, ballots and other documents relating to the contest must be filed with the Secretary of State within the time provided for filing statements of contests with the clerk of the district court. The contestant and Secretary of State shall notify the defendant that the statement of contest and documents have been filed by the contestant pursuant to this section.
κ2021 Statutes of Nevada, Page 568 (CHAPTER 134, AB 390)κ
2. Until the contest is decided, the candidate who received the highest number of votes for the office in the contested election must be seated and commence the duties of the office.
3. The Secretary of State shall deliver the statement of contest and all other papers and documents to the speaker of the assembly on the day of the organization of the Legislature.
4. A joint session of both houses must be convened as soon thereafter as the business of both houses permits, but not later than 10 days after receipt of statement of contest.
5. If, before the contest has been decided, a contestant gives written notice to the Secretary of State that the contestant wishes to withdraw his or her statement of contest, the Secretary of State shall dismiss the contest.
Sec. 4. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 3, 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 provisions of this act; and
(b) On January 1, 2022, for all other purposes.
________
Assembly Bill No. 397Committee on Government Affairs
CHAPTER 135
[Approved: May 27, 2021]
AN ACT relating to county clerks; requiring the county clerk to pay certain fees to the county treasurer on or before the fifth day of the month; revising the permissible uses of certain fees collected by a county clerk; eliminating certain provisions related to the issuance of a marriage license during certain office hours or during other hours by a commercial wedding chapel; requiring that a county clerk in certain counties issue a marriage license during certain hours; making various other changes relating to county clerks; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that a county clerk may charge and collect an additional fee not to exceed $3 for filing a certificate of marriage if the board of county commissioners has adopted an ordinance authorizing the additional fee. (NRS 246.180) Existing law also requires the county clerk to pay these collected fees to the county treasurer to be deposited in a separate account in the county general fund, which may only be used to acquire or improve technology used by the office of the county clerk for the issuance of marriage licenses and the filing of marriage certificates. (NRS 246.180, 246.190). Section 1 of this bill requires the county clerk to pay such fees to the county treasurer on or before the fifth day of each month. Section 2 of this bill revises the permitted uses of these proceeds by providing that the fees may be used in the office of the county clerk to: (1) acquire, improve, support or maintain technology; (2) train employees in the operation of the technology; and (3) acquire temporary or permanent staff or professional services to implement, support or maintain technology that enhances customer service, improves efficiency or promotes transparency in government.
κ2021 Statutes of Nevada, Page 569 (CHAPTER 135, AB 397)κ
Existing law provides that a county clerk may charge and collect an additional fee not to exceed $5 for filing and recording or issuing certain bonds, declarations and certificates. (NRS 19.013) Existing law also requires the county clerk to pay these collected fees to the county treasurer to be deposited in a separate account in the county general fund, which may only be used in the office of the county clerk for costs related to acquiring or improving technology for converting and archiving records, purchasing hardware and software, maintaining the technology, training employees in the operation of the technology and contracting for professional services relating to the technology. (NRS 19.013, 19.016) Section 3 of this bill revises the permitted uses of these proceeds by providing that the fees may be used in the office of the county clerk to: (1) acquire, improve, support or maintain technology; (2) train employees in the operation of the technology; and (3) acquire temporary or permanent staff or professional services to implement, support or maintain technology that enhances customer service, improves efficiency or promotes transparency in government.
Existing law authorizes a county whose population is 100,000 or more (currently Clark and Washoe Counties) to provide a space outside each office and branch office of the county clerk where a commercial wedding chapel, a business licensed to perform weddings or a church or religious organization may place informational brochures for display. (NRS 122.280) Section 5 of this bill authorizes such a county to provide such a space to display printed or digital information.
Existing law requires the board of county commissioners in each county whose population is 100,000 or more but less than 700,000 (currently Washoe County) and in which a commercial wedding chapel has been in business for 5 years or more to: (1) ensure that an office where marriage licenses may be issued is open to the public for the purpose of issuing such licenses from 8 a.m. to 12 a.m. every day, including holidays; or (2) provide for the establishment of a program whereby a commercial wedding chapel that has been in business in the county for 5 years or more is authorized to issue marriage licenses during the hours when an office where marriage licenses may be issued is not open to the public. Existing law also authorizes the board of county commissioners in each county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties) and in which a commercial wedding chapel has been in business for 5 years or more to provide for the establishment of a program whereby such a commercial wedding chapel may issue marriage licenses during the hours when an office where marriage licenses may be issued is not open to the public. (NRS 122.0615) Section 6 of this bill repeals this section of NRS. Section 4 of this bill makes a conforming change to eliminate a reference to the repealed section.
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 246.180 is hereby amended to read as follows:
246.180 1. If the board of county commissioners has adopted an ordinance pursuant to NRS 246.100, the county clerk shall charge and collect the following fees:
(a) For filing any certificate of marriage, $10.
(b) For copying any certificate of marriage, $1 per page.
(c) For a certified copy of a certificate of marriage, $10.
(d) For a certified abstract of a certificate of marriage, $10.
(e) For a certified copy of a certificate of marriage or for a certified abstract of a certificate of marriage, the additional sum of $5 for the Account for Aid for Victims of Domestic Violence in the State General Fund. The fees collected for this purpose must be paid over to the county treasurer by the county clerk on or before the fifth day of each month for the preceding calendar month, and must be credited to that Account.
κ2021 Statutes of Nevada, Page 570 (CHAPTER 135, AB 397)κ
the county clerk on or before the fifth day of each month for the preceding calendar month, and must be credited to that Account. The county treasurer shall, on or before the 15th day of each month, remit those fees deposited by the clerk to the State Controller for credit to that Account.
2. In addition to the fees described in subsection 1, a county clerk may charge and collect an additional fee not to exceed $3 for filing a certificate of marriage, if the board of county commissioners has adopted an ordinance authorizing the additional fee. [The] On or before the fifth day of each month, the county clerk shall pay to the county treasurer the amount of fees collected by the county clerk pursuant to this subsection for credit to the account established pursuant to NRS 246.190.
3. A county clerk shall charge and collect the fees specified in this section for copying a document specified in this section at the request of the State of Nevada or any city or town within the county. For copying, and for the county clerks certificate and seal upon the copy, the county clerk shall charge the regular fee.
4. Except as otherwise provided in subsection 2 or an ordinance adopted pursuant to NRS 244.207, county clerks shall, on or before the fifth working day of each month, account for and pay to the county treasurer all fees related to filing certificates of marriage collected during the preceding month.
5. For purposes of this section, State of Nevada, county, city and town include any department or agency thereof and any officer thereof in his or her official capacity.
Sec. 2. NRS 246.190 is hereby amended to read as follows:
246.190 1. If a county clerk imposes an additional fee pursuant to subsection 2 of NRS 246.180, the proceeds collected from such a fee must be accounted for separately in the county general fund. Any interest earned on money in the account, after deducting any applicable charges, must be credited to the account. Money that remains in the account at the end of a fiscal year does not revert to the county general fund, and the balance in the account must be carried forward to the next fiscal year.
2. The money in the account must be used only in the office of the county clerk, including, without limitation, to [acquire] :
(a) Acquire, improve, support or maintain technology [for or to improve the technology used in the office of the county clerk for the issuance of marriage licenses and the filing of certificates of marriage, including, without limitation, costs related to acquiring or improving technology for converting and archiving records, purchasing hardware and software, maintaining the technology, training] ;
(b) Train employees in the operation of the technology ; and [contracting for professional services relating to the technology.]
(c) Acquire temporary or permanent staff or professional services to implement, support or maintain technology that enhances customer service, improves efficiency or promotes transparency in government.
3. The county clerk shall submit an annual report to the board of county commissioners which contains:
(a) An estimate of the proceeds that the county clerk will collect from the additional fee imposed pursuant to subsection 2 of NRS 246.180 in the following fiscal year; and
κ2021 Statutes of Nevada, Page 571 (CHAPTER 135, AB 397)κ
(b) A proposal for expenditures of the proceeds from the additional fee imposed pursuant to subsection 2 of NRS 246.180 for the costs related to the technology required for the office of the county clerk for the following fiscal year.
Sec. 3. NRS 19.016 is hereby amended to read as follows:
19.016 1. If a county clerk imposes an additional fee pursuant to subsection 2 of NRS 19.013, the proceeds collected from such a fee must be accounted for separately in the county general fund. Any interest earned on money in the account, after deducting any applicable charges, must be credited to the account. Money that remains in the account at the end of a fiscal year does not revert to the county general fund, and the balance in the account must be carried forward to the next fiscal year.
2. The money in the account must be used only in the office of the county clerk, including, without limitation, to [acquire] :
(a) Acquire, improve, support or maintain technology [for or to improve technology used in the office of the county clerk, including, without limitation, costs related to acquiring or improving technology for converting and archiving records, purchasing hardware and software, maintaining the technology, training] ;
(b) Train employees in the operation of the technology ; and [contracting for professional services relating to the technology.]
(c) Acquire temporary or permanent staff or professional services to implement, support or maintain technology that enhances customer service, improves efficiency or promotes transparency in government.
Sec. 4. NRS 122.040 is hereby amended to read as follows:
122.040 1. [Except as otherwise provided in NRS 122.0615, before] Before persons may be joined in marriage, a license must be obtained for that purpose from the county clerk of any county in the State. Except as otherwise provided in this subsection, the license must be issued at the county seat of that county. The board of county commissioners:
(a) In a county whose population is 700,000 or more may, at the request of the county clerk, designate not more than five branch offices of the county clerk at which marriage licenses may be issued, if the designated branch offices are located outside of the county seat.
(b) In a county whose population is less than 700,000 may, at the request of the county clerk, designate one branch office of the county clerk at which marriage licenses may be issued, if the designated branch office is established in a county office building which is located outside of the county seat.
2. Except as otherwise provided in this section, before issuing a marriage license, the county clerk shall require each applicant to provide proof of the applicants name and age. The county clerk may accept as proof of the applicants name and age an original or certified copy of any of the following:
(a) A drivers license, instruction permit or identification card issued by this State or another state, the District of Columbia or any territory of the United States.
(b) A passport.
(c) A birth certificate and:
(1) Any secondary document that contains the name and a photograph of the applicant; or
κ2021 Statutes of Nevada, Page 572 (CHAPTER 135, AB 397)κ
(2) Any document for which identification must be verified as a condition to receipt of the document.
Κ If the birth certificate is written in a language other than English, the county clerk may request that the birth certificate be translated into English and notarized.
(d) A military identification card or military dependent identification card issued by any branch of the Armed Forces of the United States.
(e) A Certificate of Citizenship, Certificate of Naturalization, Permanent Resident Card or Temporary Resident Card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security.
(f) Any other document that provides the applicants name and age. If the applicant clearly appears over the age of 25 years, no documentation of proof of age is required.
3. Except as otherwise provided in subsection 4, the county clerk issuing the license shall require each applicant to answer under oath each of the questions contained in the form of license. The county clerk shall, except as otherwise provided in this subsection, require each applicant to include the applicants social security number on the affidavit of application for the marriage license. If a person does not have a social security number, the person must state that fact. The county clerk shall not require any evidence to verify a social security number. If any of the information required is unknown to the person, the person must state that the answer is unknown. The county clerk shall not deny a license to an applicant who states that the applicant does not have a social security number or who states that any requested information concerning the applicants parents is unknown.
4. Upon finding that extraordinary circumstances exist which result in only one applicant being able to appear before the county clerk, the county clerk may waive the requirements of subsection 3 with respect to the person who is unable to appear before the county clerk, or may refer the applicant to the district court. If the applicant is referred to the district court, the district court may waive the requirements of subsection 3 with respect to the person who is unable to appear before the county clerk. If the district court waives the requirements of subsection 3, the district court shall notify the county clerk in writing. If the county clerk or the district court waives the requirements of subsection 3, the county clerk shall require the applicant who is able to appear before the county clerk to:
(a) Answer under oath each of the questions contained in the form of license. The applicant shall answer any questions with reference to the other person named in the license.
(b) Include the applicants social security number and the social security number of the other person named in the license on the affidavit of application for the marriage license. If either person does not have a social security number, the person responding to the question must state that fact. The county clerk shall not require any evidence to verify a social security number.
Κ If any of the information required on the application is unknown to the person responding to the question, the person must state that the answer is unknown. The county clerk shall not deny a license to an applicant who states that the applicant does not have a social security number or who states that any requested information concerning the parents of either the person who is responding to the question or the person who is unable to appear is unknown.
κ2021 Statutes of Nevada, Page 573 (CHAPTER 135, AB 397)κ
states that the applicant does not have a social security number or who states that any requested information concerning the parents of either the person who is responding to the question or the person who is unable to appear is unknown.
5. When the authorization of a district court is required because the marriage involves a minor, the county clerk shall issue the license if that authorization is given to the county clerk in writing.
6. At the time of issuance of the license, an applicant or both applicants may elect to change the middle name or last name, or both, by which an applicant wishes to be known after solemnization of the marriage. The first name of each applicant selected for use by the applicant after solemnization of the marriage must be the same as the first name indicated on the proof of the applicants name submitted pursuant to subsection 2. An applicant may change his or her name pursuant to this subsection only at the time of issuance of the license. One or both applicants may adopt:
(a) As a middle name, one of the following:
(1) The current last name of the other applicant.
(2) The last name of either applicant given at birth.
(3) A hyphenated combination of the current middle name and the current last name of either applicant.
(4) A hyphenated combination of the current middle name and the last name given at birth of either applicant.
(b) As a last name, one of the following:
(1) The current last name of the other applicant.
(2) The last name of either applicant given at birth.
(3) A hyphenated combination of the potential last names described in paragraphs (a) and (b).
7. All records pertaining to marriage licenses are public records and open to inspection pursuant to the provisions of NRS 239.010.
8. A marriage license issued on or after July 1, 1987, expires 1 year after its date of issuance.
Sec. 5. NRS 122.280 is hereby amended to read as follows:
122.280 In each county whose population is 100,000 or more, the county may provide a space [outside] at each office and branch office of the county clerk in which a commercial wedding chapel, a licensed business which operates principally for the performance of weddings in the county or a church or religious organization incorporated, organized or established in this State may [place informational brochures for display.] display printed or digital information.
Sec. 6. NRS 122.0615 is hereby repealed.
Sec. 7. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 574κ
Assembly Bill No. 409Committee on Government Affairs
CHAPTER 136
[Approved: May 27, 2021]
AN ACT relating to peace officers; requiring the Peace Officers Standards and Training Commission to adopt certain regulations concerning the recruitment and selection of peace officers; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Peace Officers Standards and Training Commission and requires the Commission to adopt regulations establishing minimum standards for the certification and decertification, recruitment, selection and training of peace officers. (NRS 289.500, 289.510) This bill requires the Commission to adopt regulations concerning the recruitment and selection of peace officers, which include evaluations to identify implicit bias on the part of a peace officer on the basis of race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 289.510 is hereby amended to read as follows:
289.510 1. The Commission:
(a) Shall meet at the call of the Chair, who must be elected by a majority vote of the members of the Commission.
(b) Shall provide for and encourage the training and education of persons whose primary duty is law enforcement to ensure the safety of the residents of and visitors to this State.
(c) Shall adopt regulations establishing minimum standards for the certification and decertification, recruitment, selection and training of peace officers. The regulations must establish:
(1) Requirements for evaluations to be conducted during the recruitment and selection of peace officers, which must identify implicit bias on the part of a peace officer on the basis of race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression;
(2) Requirements for basic training for category I, category II and category III peace officers and reserve peace officers;
[(2)] (3) Standards for programs for the continuing education of peace officers, including minimum courses of study and requirements concerning attendance, which must require that all peace officers annually complete not less than 12 hours of continuing education in courses that address:
(I) Racial profiling;
(II) Mental health;
(III) The well being of officers;
(IV) Implicit bias recognition;
(V) De-escalation;
κ2021 Statutes of Nevada, Page 575 (CHAPTER 136, AB 409)κ
(VI) Human trafficking; and
(VII) Firearms.
[(3)] (4) Qualifications for instructors of peace officers; and
[(4)] (5) Requirements for the certification of a course of training.
(d) Shall, when necessary, present courses of training and continuing education courses for category I, category II and category III peace officers and reserve peace officers.
(e) May make necessary inquiries to determine whether the agencies of this State and of the local governments are complying with standards set forth in its regulations.
(f) Shall carry out the duties required of the Commission pursuant to NRS 432B.610 and 432B.620.
(g) May perform any other acts that may be necessary and appropriate to the functions of the Commission as set forth in NRS 289.450 to 289.680, inclusive.
(h) May enter into an interlocal agreement with an Indian tribe to provide training to and certification of persons employed as police officers by that Indian tribe.
(i) Shall develop and approve a standard curriculum of certified training programs in crisis intervention, which may be made available in an electronic format, and which address specialized responses to persons with mental illness and train peace officers to identify the signs and symptoms of mental illness, to de-escalate situations involving persons who appear to be experiencing a behavioral health crisis and, if appropriate, to connect such persons to treatment. A peace officer who completes any program developed pursuant to this paragraph must be issued a certificate of completion.
2. Regulations adopted by the Commission:
(a) Apply to all agencies of this State and of local governments in this State that employ persons as peace officers;
(b) Must require that all peace officers receive training in the handling of cases involving abuse or neglect of children or missing children;
(c) Must require that all peace officers receive training in the handling of cases involving abuse, neglect, exploitation, isolation and abandonment of older persons or vulnerable persons; and
(d) May require that training be carried on at institutions which it approves in those regulations.
Sec. 2. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after March 22, 2021.
________
κ2021 Statutes of Nevada, Page 576κ
Assembly Bill No. 421Committee on Legislative Operations and Elections
CHAPTER 137
[Approved: May 27, 2021]
AN ACT relating to persons with certain conditions; establishing the preferred manner of referring to persons with mental illness and persons who are deaf or hard of hearing in the Nevada Revised Statutes and the Nevada Administrative Code; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the preferred manner of referring to persons with physical, mental or cognitive disabilities and persons affected by addictive disorders in the Nevada Revised Statutes and the Nevada Administrative Code. (NRS 220.125, 233B.062) This bill establishes the preferred manner of referring to persons with mental illness and persons who are deaf or hard of hearing in the Nevada Revised Statutes and the Nevada Administrative Code.
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 220.125 is hereby amended to read as follows:
220.125 1. The Legislative Counsel shall, to the extent practicable, ensure that persons with physical, mental or cognitive disabilities are referred to in Nevada Revised Statutes using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to his or her disability as follows:
(a) Words and terms that are preferred for use in Nevada Revised Statutes include, without limitation, persons with disabilities, persons with mental illness, persons with developmental disabilities, persons with intellectual disabilities and other words and terms that are structured in a similar manner.
(b) Words and terms that are not preferred for use in Nevada Revised Statutes include, without limitation, disabled, handicapped, mentally disabled, mentally ill, mentally retarded and other words and terms that tend to equate the disability with the person.
2. The Legislative Counsel shall, to the extent practicable, ensure that terms related to persons affected by addictive disorders are referred to in Nevada Revised Statutes using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to his or her disorder as follows:
(a) Words and terms that are preferred for use in Nevada Revised Statutes include, without limitation, addictive disorder, persons with addictive disorders, person with an addictive disorder, person with an addictive disorder related to gambling and substance use disorder.
(b) Words and terms that are not preferred for use in Nevada Revised Statutes include, without limitation, addict, alcoholic, alcohol abuse, alcohol abuser, alcohol and drug abuser, drug abuse, drug addict, problem gambler, substance abuse and substance abuser.
κ2021 Statutes of Nevada, Page 577 (CHAPTER 137, AB 421)κ
3. The Legislative Counsel shall, to the extent practicable, ensure that terms related to persons with mental illness are referred to in Nevada Revised Statutes using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to his or her illness as follows:
(a) Words and terms that are preferred for use in Nevada Revised Statutes include, without limitation, persons with mental illness and other words and terms that are structured in a similar manner.
(b) Words and terms that are not preferred for use in Nevada Revised Statutes include, without limitation, insane and insanity.
4. The Legislative Counsel shall, to the extent practicable, ensure that terms related to persons who are deaf or hard of hearing are referred to in Nevada Revised Statutes using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to his or her condition. Words and terms that are not preferred for use in Nevada Revised Statutes include, without limitation, deaf and dumb.
Sec. 2. NRS 233B.062 is hereby amended to read as follows:
233B.062 1. It is the policy of this State that every regulation of an agency be made easily accessible to the public and expressed in clear and concise language. To assist in carrying out this policy:
(a) The Attorney General must develop guidelines for drafting regulations; and
(b) Every permanent regulation must be incorporated, excluding any forms used by the agency, any publication adopted by reference, the title, any signature and other formal parts, in the Nevada Administrative Code, and every emergency or temporary regulation must be distributed in the same manner as the Nevada Administrative Code.
2. It is the policy of this State that:
(a) Persons with physical, mental or cognitive disabilities are to be referred to in the Nevada Administrative Code using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to the persons disability; [and]
(b) Terms related to persons affected by addictive disorders are referred to in the Nevada Administrative Code using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to his or her disorder [,] ;
(c) Terms related to persons with mental illness are referred to in the Nevada Administrative Code using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to his or her illness; and
(d) Terms related to persons who are deaf or hard of hearing are referred to in the Nevada Administrative Code using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to his or her condition.
Κ in the same manner as provided in NRS 220.125 for Nevada Revised Statutes.
3. The Legislative Counsel shall:
(a) Include each permanent regulation in the Nevada Administrative Code; and
(b) Distribute in the same manner as the Nevada Administrative Code each emergency or temporary regulation,
Κ that is required to be adopted pursuant to the provisions of this chapter and which is adopted by an entity other than an agency.
κ2021 Statutes of Nevada, Page 578 (CHAPTER 137, AB 421)κ
4. The Legislative Commission may authorize inclusion in the Nevada Administrative Code of the regulations of an agency otherwise exempted from the requirements of this chapter.
Sec. 3. The Legislative Counsel shall:
1. In preparing the reprint and supplements to Nevada Revised Statutes in 2021, appropriately change any words and terms in Nevada Revised Statutes in the manner that the Legislative Counsel determines necessary to conform those words and terms to the provisions of NRS 220.125, as amended by section 1 of this act.
2. In preparing supplements to the Nevada Administrative Code, appropriately change any words and terms in the Nevada Administrative Code in the manner that the Legislative Counsel determines necessary to conform those words and terms to the provisions of subsection 2 of NRS 233B.062, as amended by section 2 of this act.
Sec. 4. This act becomes effective on July 1, 2021.
________
Assembly Bill No. 430Committee on Health and Human Services
CHAPTER 138
[Approved: May 27, 2021]
AN ACT relating to disabilities; revising certain terms used to describe the provision of certain services to persons with intellectual disabilities and persons with developmental disabilities; removing related obsolete terms; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law governs, in general, the care and services provided to persons with intellectual disabilities and persons with developmental disabilities. (Chapter 435 of NRS) Existing law authorizes the Aging and Disability Services Division of the Department of Health and Human Services to operate a residential facility for groups to care for and maintain persons with intellectual disabilities or persons with developmental disabilities until they can live in a more normal situation. (NRS 435.060) Section 1 of this bill revises the terms used to describe the transition of persons residing in such a facility by replacing obsolete language with reside in an appropriate community-based setting that is not a facility.
Existing law requires the Administrator of the Division to establish a fee schedule, in consultation with the State Association of Retarded Citizens and the board, subject to the approval of the Director of the Department of Health and Human Services, for services rendered to persons with intellectual disabilities and persons with developmental disabilities. (NRS 435.115) Section 2 of this bill removes the obsolete references to the State Association of Retarded Citizens and the board so that the fee scheduled is established by the Administrator of the Division, subject to the approval of the Director of the Department.
Existing law authorizes certain persons and entities to provide jobs and day training services to persons with intellectual disabilities and persons with developmental disabilities. (NRS 435.130-435.310) The declaration of the intent of the Legislature in enacting such provisions is to aid persons with intellectual disabilities and persons with developmental disabilities who are not served by existing programs in receiving high quality care and training in an effort to help them become useful citizens. (NRS 435.130) Section 3 of this bill revises the declaration of the intent of the Legislature by replacing obsolete language with increase independence.
κ2021 Statutes of Nevada, Page 579 (CHAPTER 138, AB 430)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 435.060 is hereby amended to read as follows:
435.060 The Division may operate a residential facility for groups to care for and maintain persons with intellectual disabilities or persons with developmental disabilities until [they can live in a more normal situation.] such a person is able to reside in an appropriate community-based setting that is not a facility.
Sec. 2. NRS 435.115 is hereby amended to read as follows:
435.115 The Administrator shall establish a fee schedule, [in consultation with the State Association for Retarded Citizens and] subject to the approval of the [Board and the] Director of the Department, for services rendered to persons with intellectual disabilities and persons with developmental disabilities by the Division.
Sec. 3. NRS 435.130 is hereby amended to read as follows:
435.130 The intent of the Legislature in the enactment of NRS 435.130 to 435.310, inclusive, is to aid persons with intellectual disabilities and persons with developmental disabilities who are not served by existing programs in receiving high quality care and training in an effort to [help them become useful citizens.] increase independence.
Sec. 4. This act becomes effective on July 1, 2021.
________
Assembly Bill No. 435Committee on Revenue
CHAPTER 139
[Approved: May 27, 2021]
AN ACT relating to taxation; expanding the exemption from the commerce tax for persons who take part in certain events for a purpose related to the conduct of a business; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law imposes an annual commerce tax on each business entity whose gross revenue earned in this State during a fiscal year exceeds $4,000,000. The tax is imposed at a rate based on the industry in which the business entity is primarily engaged. (Chapter 363C of NRS) Existing law exempts from the commerce tax a person who: (1) takes part in an exhibition held in this State for a purpose related to the conduct of a business; and (2) is not required to obtain a state business license for the exhibition because the operator of the facility where the exhibition is held pays the licensing fee on behalf of that person. (NRS 360.780, 363C.020) This bill expands the exemption from the commerce tax to apply to any person who takes part in an exhibition, trade show, industry or corporate meeting or similar event held in this State, regardless of whether the person is required to obtain a state business license. This bill additionally clarifies that an organizer, manager or sponsor of such an event or an exhibitor at such an event is authorized to claim the exemption.
κ2021 Statutes of Nevada, Page 580 (CHAPTER 139, AB 435)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 363C.020 is hereby amended to read as follows:
363C.020 1. Except as otherwise provided in subsection 2, business entity means a corporation, partnership, proprietorship, limited-liability company, business association, joint venture, limited-liability partnership, business trust, professional association, joint stock company, holding company and any other person engaged in a business.
2. Business entity does not include:
(a) Any person or other entity which this State is prohibited from taxing pursuant to the Constitution or laws of the United States or the Nevada Constitution.
(b) A natural person, unless that person is engaging in a business and is required to file with the Internal Revenue Service a Schedule C (Form 1040), Profit or Loss from Business, or its equivalent or successor form, a Schedule E (Form 1040), Supplemental Income and Loss, or its equivalent or successor form, or a Schedule F (Form 1040), Profit or Loss from Farming, or its equivalent or successor form, for that business.
(c) A governmental entity.
(d) A nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c).
(e) A business entity organized pursuant to chapter 82 or 84 of NRS.
(f) A credit union organized under the provisions of chapter 672 of NRS or the Federal Credit Union Act.
(g) A grantor trust as defined by section 671 and 7701(a)(30)(E) of the Internal Revenue Code, 26 U.S.C. §§ 671 and 7701(a)(30)(E), all of the grantors and beneficiaries of which are natural persons or charitable entities as described in section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), excluding a trust taxable as a business entity pursuant to 26 C.F.R. § 301.7701-4(b).
(h) An estate of a natural person as defined by section 7701(a)(30)(D) of the Internal Revenue Code, 26 U.S.C. § 7701(a)(30)(D), excluding an estate taxable as a business entity pursuant to 26 C.F.R. § 301.7701-4(b).
(i) A real estate investment trust, as defined by section 856 of the Internal Revenue Code, 26 U.S.C. § 856, and its qualified real estate investment trust subsidiaries, as defined by section 856(i)(2) of the Internal Revenue Code, 26 U.S.C. § 856(i)(2), except that:
(1) A real estate investment trust with any amount of its assets in direct holdings of real estate, other than real estate it occupies for business purposes, as opposed to holding interests in limited partnerships or other entities that directly hold the real estate, is a business entity pursuant to this section; and
(2) A limited partnership or other entity that directly holds the real estate as described in subparagraph (1) is a business entity pursuant to this section, without regard to whether a real estate investment trust holds an interest in it.
κ2021 Statutes of Nevada, Page 581 (CHAPTER 139, AB 435)κ
(j) A real estate mortgage investment conduit, as defined by section 860D of the Internal Revenue Code, 26 U.S.C. § 860D.
(k) A trust qualified under section 401(a) of the Internal Revenue Code, 26 U.S.C. § 401(a).
(l) A passive entity.
(m) A person whose activities within this State are confined to the owning, maintenance and management of the persons intangible investments or of the intangible investments of persons or statutory trusts or business trusts registered as investment companies under the Investment Company Act of 1940, 15 U.S.C. §§ 80a-1 et seq., as amended, and the collection and distribution of the income from such investments or from tangible property physically located outside this State. For the purposes of this paragraph, intangible investments includes, without limitation, investments in stocks, bonds, notes and other debt obligations, including, without limitation, debt obligations of affiliated corporations, real estate investment trusts, patents, patent applications, trademarks, trade names and similar types of intangible assets or an entity that is registered as an investment company under the Investment Company Act of 1940, 15 U.S.C. §§ 80a-1 et seq.
(n) A person who takes part in an exhibition , trade show, industry or corporate meeting or similar event held in this State for a purpose related to the conduct of a business [and is not required to obtain a state business license specifically for that event pursuant to NRS 360.780.] , including, without limitation, an organizer, manager or sponsor of such an event or an exhibitor at such an event.
Sec. 2. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after March 22, 2021.
Sec. 3. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 582κ
Assembly Bill No. 452Committee on Ways and Means
CHAPTER 140
[Approved: May 27, 2021]
AN ACT relating to environmental protection; requiring certain agencies and entities to submit information to the State Department of Conservation and Natural Resources for purposes of the annual report that the Department is required to prepare on greenhouse gases; authorizing money in the Account for the Management of Air Quality to be expended to pay the costs of preparing the annual report on greenhouse gases; requiring a transfer of certain money from the Fund for Cleaning Up Discharges of Petroleum to the Account for the Management of Air Quality; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the State Department of Conservation and Natural Resources to prepare an annual report that includes a statewide inventory of greenhouse gas emissions and a projection of annual greenhouse gas emissions in this State for the 20 years immediately following the date of the report. In preparing the annual report, the Department is required to consult with the Public Utilities Commission of Nevada, the Office of Energy, the Department of Transportation, the Department of Motor Vehicles and any entity designated by the Governor. (NRS 445B.380) Section 1 of this bill requires these agencies and entities to submit to the State Department of Conservation and Natural Resources any information that is determined by the State Environmental Commission to be necessary to prepare the annual report, including certain information relating to emissions from substitutes for ozone-depleting substances. Section 1 authorizes the State Environmental Commission to adopt regulations related to the annual report.
Existing law creates the Account for the Management of Air Quality and provides that money in the Account must be expended for certain purposes. (NRS 445B.590) Section 2 of this bill authorizes money in the Account to be expended by the Department to pay the direct and indirect costs of preparing the annual report on greenhouse gases.
Existing law creates the Fund for Cleaning Up Discharges of Petroleum and provides that if the balance in the Fund at the end of any fiscal year is estimated at $7,500,000 or more, the Department of Motor Vehicles must transfer the balance which exceeds $7,500,000 to the account established in the State Highway Fund for the construction, reconstruction, improvement and maintenance of public roads. (NRS 408.242, 445C.310, 445C.350) Section 3 of this bill requires an amount of excess from the Fund, up to $500,000 and as determined by the State Department of Conservation and Natural Resources, be transferred instead to the Account for the Management of Air Quality. The money transferred to the Account for the Management of Air Quality may be used only to pay the costs of preparing the annual report on greenhouse gases. Any remaining excess in the Fund for Cleaning Up Discharges of Petroleum must be transferred to the account established in the State Highway Fund for the construction, reconstruction, improvement and maintenance of public roads.
κ2021 Statutes of Nevada, Page 583 (CHAPTER 140, AB 452)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 445B.380 is hereby amended to read as follows:
445B.380 1. The Department shall, not later than December 31, 2019, and each year thereafter, issue a report that includes a statewide inventory of greenhouse gas emissions in this State and a projection of annual greenhouse gas emissions in this State for the 20 years immediately following the date of the report.
2. The report must include, without limitation:
(a) For each year of the inventory and projection required by subsection 1:
(1) The sources and amounts of greenhouse gas emissions in this State from each of the following sectors:
(I) Electricity production; and
(II) Transportation.
(2) The sources and amounts of reductions in greenhouse gas emissions in this State from each of the sectors set forth in subparagraph (1).
(b) For the first and every fourth year thereafter of the inventory and projection required by subsection 1:
(1) The sources and amounts of greenhouse gas emissions in this State from each of the following sectors:
(I) Industry;
(II) Commercial and residential;
(III) Agriculture; and
(IV) Land use and forestry.
(2) The sources and amounts of reductions in greenhouse gas emissions in this State from each of the sectors set forth in subparagraph (1).
(c) A statement of policies, including, without limitation, regulations, identified by the entity or entities designated by the Governor pursuant to subsection 4 that could achieve reductions in projected greenhouse gas emissions by the sectors set forth in subparagraph (1) of paragraph (a) and subparagraph (1) of paragraph (b), if applicable, and:
(1) For each report due on or before December 31, 2024, a quantification of the reductions in greenhouse gas emissions in this State that would be required to achieve a statewide reduction of net greenhouse gas emissions of 28 percent by the year 2025, as compared to the level of greenhouse gas emissions in this State in 2005.
(2) For each report due on or before December 31, 2029, a quantification of the reductions in greenhouse gas emissions in this State that would be required to achieve a statewide reduction in net greenhouse gas emissions of 45 percent by the year 2030, as compared to the level of greenhouse gas emissions in this State in 2005.
(d) A qualitative assessment of whether the policies identified in the statement of policies required by paragraph (c) support long-term reductions of greenhouse gas emissions to zero or near-zero by the year 2050.
(e) The Departments analysis of the information set forth in paragraphs (a) to (d), inclusive.
(f) Documentation for the information set forth in paragraphs (a) to (e), inclusive.
κ2021 Statutes of Nevada, Page 584 (CHAPTER 140, AB 452)κ
3. In preparing the report required by this section, the Department shall consult with the Public Utilities Commission of Nevada, the Office of Energy, the Department of Transportation, the Department of Motor Vehicles and the entity or entities designated by the Governor pursuant to subsection 4.
4. The Governor shall designate an entity or entities to consult with the Department and identify for the Department the policies required pursuant to paragraph (c) of subsection 2.
5. The Public Utilities Commission of Nevada, the Office of Energy, the Department of Transportation, the Department of Motor Vehicles and every entity designated by the Governor pursuant to subsection 4 shall submit to the Department any information that is determined by the State Environmental Commission to be necessary for the Department to prepare the report required pursuant to subsection 1. Such information may include, without limitation, information relating to emissions resulting from substitutes for ozone-depleting substances and information related to the types, sales, uses and disposal of products and equipment that use substitutes for ozone-depleting substances.
6. The State Environmental Commission may adopt any regulation necessary to carry out the provisions of this section.
Sec. 2. NRS 445B.590 is hereby amended to read as follows:
445B.590 1. The Account for the Management of Air Quality is hereby created in the State General Fund, to be administered by the Department.
2. Money in the Account for the Management of Air Quality must be expended:
(a) To carry out and enforce the provisions of NRS 445B.100 to 445B.640, inclusive, and of any regulations adopted pursuant to those sections, including, without limitation, the direct and indirect costs of:
(1) Preparing regulations and recommendations for legislation regarding those provisions;
(2) Furnishing guidance for compliance with those provisions;
(3) Reviewing and acting upon applications for operating permits;
(4) Administering and enforcing the terms and conditions of operating permits;
(5) Monitoring emissions and the quality of the ambient air;
(6) Preparing inventories and tracking emissions;
(7) Performing modeling, analyses and demonstrations; [and]
(8) Establishing and administering a program for the provision of assistance, pursuant to 42 U.S.C. § 7661f, to small businesses operating stationary sources; and
(9) Preparing a report required pursuant to NRS 445B.380;
(b) In any other manner required as a condition to the receipt of federal money for the purposes of NRS 445B.100 to 445B.640, inclusive; and
(c) For any other purpose authorized by the Legislature.
3. All interest earned on the money in the Account for the Management of Air Quality must be credited to the Account. Claims against the Account for the Management of Air Quality must be paid as other claims against the State are paid.
κ2021 Statutes of Nevada, Page 585 (CHAPTER 140, AB 452)κ
Sec. 3. NRS 445C.350 is hereby amended to read as follows:
445C.350 If the balance in the Fund for Cleaning Up Discharges of Petroleum at the end of any fiscal year is estimated at $7,500,000 or more, the Department shall transfer :
1. An amount requested by the State Department of Conservation and Natural Resources, not to exceed $500,000 of the balance of $7,500,000, to the Account for the Management of Air Quality created pursuant to NRS 445B.590. Any money transferred to the Account for the Management of Air Quality pursuant to this subsection may be expended only to pay the direct and indirect costs of preparing the report required pursuant to NRS 445B.380.
2. The balance in the Fund for Cleaning Up Discharges of Petroleum which exceeds $7,500,000 after transferring the amount required pursuant to paragraph (a) to the account created pursuant to NRS 408.242 . [the balance in the Fund for Cleaning Up Discharges of Petroleum which exceeds $7,500,000.]
Sec. 4. This act becomes effective on July 1, 2021.
________
Assembly Bill No. 476Committee on Ways and Means
CHAPTER 141
[Approved: May 27, 2021]
AN ACT relating to the Department of Motor Vehicles; renaming the Division of Management Services and Programs of the Department of Motor Vehicles as the Division of Research and Project Management; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Department of Motor Vehicles and provides that the Department consists of several divisions, including a Division of Management Services and Programs. (NRS 481.019, 481.0473) This bill renames the Division of Management Services and Programs as the Division of Research and Project Management.
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 481.0473 is hereby amended to read as follows:
481.0473 The Department consists of:
1. A Division of the Office of the Director;
2. A Division of Compliance Enforcement;
3. A Division of Field Services;
4. A Division of Central Services and Records;
5. A Division of Research and Project Management ; [Services and Programs;]
6. A Division of Information Technology;
7. An Administrative Services Division; and
κ2021 Statutes of Nevada, Page 586 (CHAPTER 141, AB 476)κ
8. A Motor Carrier Division.
Sec. 2. The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name has been changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
Sec. 3. This act becomes effective on July 1, 2021.
________
Senate Bill No. 6Committee on Judiciary
CHAPTER 142
[Approved: May 27, 2021]
AN ACT relating to public safety; replacing the term ex parte order with emergency order; making various changes relating to applications for and the issuance of orders for protection against high-risk behavior; revising the persons to whom an adverse party must surrender firearms; requiring a court to order the return of any surrendered firearm of an adverse party upon the expiration of an extended order for protection against high-risk behavior; revising provisions relating to the dissolution of orders for protection against high-risk behavior; eliminating the requirement for a court clerk or designee to provide assistance to certain persons relating to such orders; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes various provisions relating to ex parte and extended orders for protection against high-risk behavior. (NRS 33.500-33.670) Sections 1.7, 3, 7, 9, 10, 12-14 and 16-18 of this bill replace the term ex parte order with emergency order. Section 19 of this bill requires the term changes to be construed as having the same meaning for judicial interpretations that are rendered, issued or entered before the effective date of this bill.
Existing law authorizes a family or household member who reasonably believes, or a law enforcement officer who has probable cause to believe, that a person poses a risk of causing personal injury to himself or herself or another person by possessing or purchasing a firearm, to file a verified application for an ex parte or extended order for protection against high-risk behavior. (NRS 33.560) Section 4 of this bill requires: (1) an applicant to show that the person poses an imminent risk to the person or to others; and (2) removes the distinction between an application for an ex parte order and an application for an extended order, and instead requires the applicant to file a single application for an order for protection against high-risk behavior.
Existing law requires an application for an ex parte or extended order for protection to include: (1) the name of the person seeking the order; (2) the name and address, if known, of the adverse party; and (3) a detailed description of the conduct and acts constituting high-risk behavior. (NRS 33.560) In addition to the existing application requirements, section 4 requires the application to include any supplemental documents or information.
Section 1.3 of this bill establishes various procedures relating to hearings on an application for an order for protection against high-risk behavior. Section 1.3: (1) requires a hearing on the application to be held within 1 judicial day after the filing of the application; and (2) authorizes a court to issue an emergency order or an extended order under certain circumstances, to schedule a future hearing on the application under certain circumstances or to dismiss the application under certain circumstances.
κ2021 Statutes of Nevada, Page 587 (CHAPTER 142, SB 6)κ
order under certain circumstances, to schedule a future hearing on the application under certain circumstances or to dismiss the application under certain circumstances. Section 1.3 also: (1) authorizes a court to hold a telephonic hearing on an application for an order for protection against high-risk behavior filed by a law enforcement officer; (2) requires the hearing to be held within 1 day after the filing of the application; and (3) establishes various requirements relating to recordings of the telephonic hearing. At any such telephonic hearing, section 1.3 prohibits a court from issuing an extended order.
If an emergency order was issued pursuant to section 1.3, section 1.5 of this bill: (1) provides that the emergency order expires not later than 7 days after the date of the filing of the application; and (2) requires the court to hold a hearing before the expiration of the emergency order to determine whether to issue an extended order, unless the emergency order is dissolved before such time. Section 1.5 provides that a court may extend the duration of an emergency order for a period not to exceed 7 days to effectuate service of the emergency order on the adverse party, or for good cause shown.
If a court schedules a future hearing pursuant to section 1.3, section 1.5: (1) requires the hearing to be scheduled within 7 days after the filing of the application; and (2) authorizes the court to issue an extended order at the scheduled hearing under certain circumstances.
If an extended order was issued at the hearing pursuant to section 1.3 or at the hearing pursuant to section 1.5, section 1.5 provides that the extended order expires not later than 1 year after the date of its issuance.
Existing law requires a court to issue an ex parte or extended order if the court under certain circumstances finds that: (1) the person poses an imminent risk, for an ex parte order, or a risk, for an extended order, of causing personal injury to himself or herself or another person by possessing or having under his or her custody or control or by purchasing or otherwise acquiring any firearm; (2) the person engaged in high-risk behavior; and (3) less restrictive options have been exhausted or are not effective. (NRS 33.570, 33.580) Sections 5 and 6 of this bill remove the custody of a firearm from the list of factors a court may consider in finding whether a person poses a risk or an imminent risk of causing a self-inflicted injury or injuring another person.
Existing law requires an adverse party to surrender his or her firearm after an ex parte or extended order is issued by a court to: (1) a law enforcement agency designated by the court in the order; or (2) a person, who does not reside with the adverse party, designated by the court in the order. (NRS 33.600) Section 8 of this bill requires any firearm in the possession or control of the adverse party to be surrendered to: (1) a law enforcement agency designated by the court, if the application was filed by a family or household member; or (2) the law enforcement agency of the officer who filed the application for the temporary or extended order.
Existing law requires the law enforcement agency holding any surrendered firearm to provide the adverse party with a receipt which includes a description of each firearm being held by the law enforcement agency. Existing law requires the adverse party to provide the original receipt to the court within 72 hours or 1 business day, whichever is later, after surrendering any such firearm. (NRS 33.600) Section 8 instead requires the adverse party to provide the original receipt to the court within 1 business day after the surrender of any firearm.
Existing law requires a law enforcement agency to return any surrendered firearm not later than 14 days after the dissolution or expiration of an ex parte or extended order for protection. (NRS 33.600) Section 11 of this bill requires the court to: (1) issue an order for the return of any surrendered firearm of the adverse party upon the expiration or dissolution of an extended order; (2) provide a copy of the order to the adverse party and the law enforcement agency holding the surrendered firearm; and (3) cause a record of the expiration or dissolution of the order to be transmitted to the Central Repository for Nevada Records of Criminal History. Section 8 requires a law enforcement agency to return any surrendered firearm to the adverse party not later than 14 days after: (1) the dissolution or expiration of an emergency order;
κ2021 Statutes of Nevada, Page 588 (CHAPTER 142, SB 6)κ
enforcement agency to return any surrendered firearm to the adverse party not later than 14 days after: (1) the dissolution or expiration of an emergency order; or (2) receiving an order from the court to return any firearm surrendered pursuant to an extended order.
Existing law requires a court to transmit a copy of an ex parte or extended order for protection to the appropriate law enforcement agency and to order the law enforcement agency to serve, without charge, the adverse party personally with the order. (NRS 33.620) Section 9: (1) requires, under certain circumstances, the court to order the appropriate law enforcement agency to serve the adverse party with, in addition to existing requirements, the application, any supplemental documents submitted to the court and notice of the hearing; (2) authorizes the court to withhold or redact certain personal identifying information from the application or any supplemental documents to be served upon the adverse party if the court determines that disclosure of the information would create a substantial threat to the applicant or any other person of bodily harm, intimidation, coercion or harassment; and (3) imposes certain duties on the court if the court withholds or redacts any personal identifying information.
Existing law requires a court to dissolve an ex parte or extended order for protection if all parties agree to the dissolution of the order, upon a finding of good cause. (NRS 33.640) Section 11 instead requires the court to dissolve an emergency or extended order if all parties stipulate to the dissolution, upon a finding of good cause.
Section 20 of this bill eliminates the requirement in existing law that the clerk of a court or another person designated by the court: (1) provide certain information to an adverse party or a family or household member who files a verified application for an ex parte or extended order; and (2) assist any person in filing an application, response or certain other documents related to an ex parte or extended order. (NRS 33.610)
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 33 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.5 of this act.
Sec. 1.3. 1. Except as otherwise provided in subsection 2, a court shall hold a hearing in open court to review a verified application filed pursuant to NRS 33.560 not later than 1 judicial day after its filing by the applicant. At the hearing the court may:
(a) Regardless of whether notice and an opportunity to be heard has been provided to the adverse party:
(1) Issue an emergency order pursuant to NRS 33.570; or
(2) Decline to issue an emergency order, in which case, the court must:
(I) Schedule a hearing in accordance with section 1.5 of this act; or
(II) If the applicant so requests, dismiss the verified application.
(b) If notice and an opportunity to be heard has been provided to the adverse party:
(1) Issue an extended order pursuant to NRS 33.580;
(2) Dismiss the verified application; or
(3) Upon the request of either party and for good cause shown, schedule a hearing in accordance with section 1.5 of this act.
κ2021 Statutes of Nevada, Page 589 (CHAPTER 142, SB 6)κ
2. If the verified application was filed by a law enforcement officer, the court may hold a telephonic hearing to review the verified application not later than 1 day after the filing of the application. At the telephonic hearing, the court:
(a) May not issue an extended order pursuant to NRS 33.580.
(b) May, regardless of whether notice and an opportunity to be heard has been provided to the adverse party:
(1) Issue an emergency order pursuant to NRS 33.570; or
(2) Decline to issue the emergency order, in which case, the court must:
(I) Schedule a hearing in accordance with section 1.5 of this act; or
(II) If the law enforcement agency so requests, dismiss the verified application.
3. The telephonic hearing described in subsection 2 must be recorded contemporaneously by a certified court reporter or by electronic means. After the hearing, the recording must be transcribed, certified by a judicial officer and filed with the clerk of court.
4. In a county whose population is 100,000 or more, the court shall be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to conduct telephonic hearings pursuant to subsection 2.
5. In a county whose population is less than 100,000, the court may be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to conduct telephonic hearings pursuant to subsection 2.
Sec. 1.5. 1. If a court issues an emergency order at a hearing described in section 1.3 of this act:
(a) The emergency order expires within such time, as the court fixes, not to exceed 7 calendar days from the date that the verified application was filed by the applicant pursuant to NRS 33.560; and
(b) Unless the emergency order is dissolved pursuant to NRS 33.640, the court shall, not later than the day that the emergency order expires, hold a hearing to determine whether to:
(1) Issue an extended order pursuant to NRS 33.580; or
(2) Dismiss the verified application.
2. If the court declines to issue an emergency order at the hearing described in section 1.3 of this act or upon the request of either party and for good cause shown as provided in subparagraph (3) of paragraph (b) of subsection 1 of section 1.3 of this act, the court shall, not later than 7 calendar days after the filing of the verified application pursuant to NRS 33.560, schedule a hearing to determine whether to:
(a) Issue an extended order pursuant to NRS 33.580; or
(b) Dismiss the verified application.
3. If a court issues an extended order at the hearing described in this section or at the hearing described in subsection 1 of section 1.3 of this act, the extended order expires within such time, not to exceed 1 year, as the court fixes.
4. In order for service of an emergency order to be effectuated pursuant to NRS 33.620 or for good cause shown, the court may extend the duration of an emergency order for a period not to exceed 7 days. Notice of any such extension must be served on the adverse party by a law enforcement agency.
κ2021 Statutes of Nevada, Page 590 (CHAPTER 142, SB 6)κ
Sec. 1.7. NRS 33.095 is hereby amended to read as follows:
33.095 1. Any time that a court issues a temporary or extended order and any time that a person serves such an order, registers such an order, registers a Canadian domestic-violence protection order or receives any information or takes any other action pursuant to NRS 33.017 to 33.100, inclusive, or NRS 33.110 to 33.158, inclusive, the person shall cause to be transmitted, in the manner prescribed by the Central Repository for Nevada Records of Criminal History, any information required by the Central Repository in a manner which ensures that the information is received by the Central Repository by the end of the next business day.
2. Any time that a court issues an [ex parte] emergency or extended order pursuant to NRS 33.570 or 33.580, the court shall cause to be transmitted, in the manner prescribed by the Central Repository for Nevada Records of Criminal History, any information required by the Central Repository in a manner which ensures that the information is received by the Central Repository by the end of the next business day.
3. As used in this section, Canadian domestic-violence protection order has the meaning ascribed to it in NRS 33.119.
Sec. 2. NRS 33.500 is hereby amended to read as follows:
33.500 As used in NRS 33.500 to 33.670, inclusive, and sections 1.3 and 1.5 of this act, unless the context otherwise requires, the words and terms defined in NRS 33.510 to 33.540, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. NRS 33.520 is hereby amended to read as follows:
33.520 [Ex parte] Emergency order means an [ex parte] emergency order for protection against high-risk behavior.
Sec. 4. NRS 33.560 is hereby amended to read as follows:
33.560 1. A law enforcement officer who has probable cause to believe that a person poses [a] an imminent risk of causing a self-inflicted injury or a personal injury to [himself or herself or] another person by possessing [or having under his or her custody or control or by] , controlling, purchasing or otherwise acquiring any firearm may file a verified application for an [ex parte or extended] order [.] for protection against high-risk behavior.
2. A family or household member who reasonably believes that a person poses [a] an imminent risk of causing a self-inflicted injury or a personal injury to [himself or herself or] another person by possessing [or having under his or her custody or control or by] controlling, purchasing or otherwise acquiring any firearm may file a verified application for an [ex parte or extended order.] order for protection against high-risk behavior.
3. A verified application filed pursuant to this section must include, without limitation:
(a) The name of the person seeking the order [and whether he or she is requesting an ex parte order or an extended order;] for protection against high-risk behavior;
(b) The name and address, if known, of the person who is alleged to pose [a] an imminent risk pursuant to subsection 1 or 2; [and]
(c) A detailed description of the conduct and acts that constitute high-risk behavior and the dates on which the high-risk behavior occurred [.] ; and
(d) Any supplemental documents or information.
κ2021 Statutes of Nevada, Page 591 (CHAPTER 142, SB 6)κ
4. [Service of] An applicant is not required to serve, or have served on its behalf, an application for an [extended] order for protection against high-risk behavior and [the] notice of the hearing [thereon must be served upon the adverse party pursuant to the Nevada Rules of Civil Procedure.] described in section 1.3 of this act, but an applicant who is a law enforcement officer may in the discretion of the officer serve the verified application and notice of the hearing on the adverse party.
Sec. 5. NRS 33.570 is hereby amended to read as follows:
33.570 1. The court shall issue an [ex parte] emergency order if the court finds by a preponderance of the evidence from facts shown by a verified application filed pursuant to NRS 33.560:
(a) That a person poses an imminent risk of causing a self-inflicted injury or a personal injury to [himself or herself or] another person by possessing [or having under his or her custody or control or by] , controlling, purchasing or otherwise acquiring any firearm;
(b) The person engaged in high-risk behavior; and
(c) Less restrictive options have been exhausted or are not effective.
2. The court may require the person who filed the verified application or the adverse party, or both, to appear before the court before determining whether to issue an [ex parte] emergency order.
3. An [ex parte] emergency order may be issued with or without notice to the adverse party.
4. [Except as otherwise provided in this subsection, a hearing must not be held by telephone. The court shall hold a hearing on the ex parte order and shall issue or deny the ex parte order on the verified application is filed or the judicial day immediately following the day the verified application is filed. If the verified application is filed by a law enforcement officer, the court may hold the hearing on the ex parte order by telephone, which must be recorded in the presence of the magistrate or in the immediate vicinity of the magistrate by a certified court reporter or by electronic means. Any such recording must be transcribed, certified by the reporter if the reporter made the recording and certified by the magistrate. The certified transcript must be filed with the clerk of the court.
5. In a county whose population is 100,000 or more, the court shall be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of an ex parte order pursuant to subsection 4.
6. In a county whose population is less than 100,000, the court may be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of an ex parte order pursuant to subsection 4.
7.] The clerk of the court shall inform the applicant and the adverse party upon the successful transfer of information concerning the registration to the Central Repository for Nevada Records of Criminal History as required pursuant to NRS 33.095.
Sec. 6. NRS 33.580 is hereby amended to read as follows:
33.580 1. The court shall issue an extended order if the court finds by clear and convincing evidence from facts shown by a verified application filed pursuant to NRS 33.560:
κ2021 Statutes of Nevada, Page 592 (CHAPTER 142, SB 6)κ
(a) That a person poses a risk of causing a self-inflicted injury or a personal injury to [himself or herself or] another person by possessing [or having under his or her custody or control or by] , controlling, purchasing or otherwise acquiring any firearm;
(b) The person engaged in high-risk behavior; and
(c) Less restrictive options have been exhausted or are not effective.
2. [A hearing on an application for an extended order must be held within 7 calendar days after the date on which the application for the extended order is filed.
3.] The clerk of the court shall inform the applicant and the adverse party upon the successful transfer of information concerning the registration to the Central Repository for Nevada Records of Criminal History as required pursuant to NRS 33.095.
Sec. 7. NRS 33.590 is hereby amended to read as follows:
33.590 Each [ex parte] emergency or extended order issued pursuant to NRS 33.570 or 33.580 must:
1. Require the adverse party to surrender any firearm that is in [his or her] the possession [or under his or her custody] or control of the adverse party in the manner set forth in NRS 33.600.
2. Prohibit the adverse party from possessing or [having under his or her custody or control] controlling any firearm while the order is in effect.
3. Include a provision ordering any law enforcement officer to arrest the adverse party with a warrant, or without a warrant if the officer has probable cause to believe that the person has been served with a copy of the order and has violated a provision of the order.
4. State the reasons for the issuance of the order.
5. Include instructions for surrendering any firearm as ordered by the court.
6. State the time and date on which the order expires.
7. Require the adverse party to surrender any permit issued pursuant to NRS 202.3657.
8. Include the following statement:
WARNING
This is an official court order. If you disobey this order, you may be arrested and prosecuted for the crime of violating an [ex parte] emergency or extended order and any other crime that you may have committed in disobeying this order.
Sec. 8. NRS 33.600 is hereby amended to read as follows:
33.600 1. After a court orders an adverse party to surrender any firearm pursuant to NRS 33.590, the adverse party shall, immediately after service of the order [:
(a) Surrender] surrender any firearm that is in [his or her] the possession or [under his or her custody or] control of the adverse party to [the appropriate] :
(a) The law enforcement agency designated by the court in the order [; or
(b) Surrender any firearm in his or her possession or under his or her custody or control to a person, other than a person who resides with the adverse party, designated by the court in the order.] , if the verified application pursuant to NRS 33.560 was filed by a family or household member; or
κ2021 Statutes of Nevada, Page 593 (CHAPTER 142, SB 6)κ
(b) The law enforcement agency of the law enforcement officer who filed the verified application pursuant to NRS 33.560.
2. [If the court orders the adverse party to surrender any firearm to a law enforcement agency pursuant to paragraph (a) of subsection 1,] At the time any firearm is surrendered, the law enforcement agency shall provide the adverse party with a receipt which includes a description of each firearm surrendered and the adverse party shall, not later than [72 hours or] 1 business day [, whichever is later,] after surrendering any such firearm, provide the original receipt to the court. The law enforcement agency shall store any such firearm or may contract with a licensed firearm dealer to provide storage.
3. [If the court orders the adverse party to surrender any firearm to a person designated by the court pursuant to paragraph (b) of subsection 1, the adverse party shall, not later than 72 hours or 1 business day, whichever is later, after surrendering any such firearm, provide to the court and the appropriate law enforcement agency the name and address of the person designated in the order and a written description of each firearm surrendered.
4.] If there is probable cause to believe that the adverse party has not surrendered any firearm that is in [his or her] the possession or [under his or her custody or] control [within the time set forth in subsections 2 and 3, the court may issue and deliver to] of the adverse party, any law enforcement officer may apply to the court for a search warrant which authorizes the officer to enter and search any place where there is probable cause to believe any such firearm is located and seize the firearm.
[5.] 4. If, while executing a search warrant pursuant to subsection [4,] 3, the health or safety of the officer or the adverse party is put at risk because of any action of the adverse party, the law enforcement officer is under no duty to continue to attempt to execute the search warrant and the execution of the warrant shall be deemed unsuccessful. If such execution is unsuccessful, the law enforcement agency shall, as soon as practicable after the risk has subsided, attempt to execute the search warrant until the search warrant is successfully executed.
[6.] 5. A law enforcement agency shall return any surrendered or seized firearm to the adverse party:
(a) In the manner provided by the policies and procedures of the law enforcement agency;
(b) After confirming that:
(1) The adverse party is eligible to own or possess a firearm under state and federal law; and
(2) Any [ex parte or extended] emergency order issued pursuant to NRS 33.570 [or 33.580] is dissolved or no longer in effect [;] or a court has issued an order to return the surrendered firearms pursuant to NRS 33.640, as applicable; and
(c) As soon as practicable but not more than 14 days after the dissolution or expiration of [an ex parte or extended] the emergency order [.
7.] or receiving the order to return the surrendered firearms pursuant to NRS 33.640, as applicable.
6. If a person other than the adverse party claims title to any firearm surrendered or seized pursuant to this section and [he or she] the person is determined by the law enforcement agency to be the lawful owner, the firearm must be returned to [him or her,] the lawful owner, if:
κ2021 Statutes of Nevada, Page 594 (CHAPTER 142, SB 6)κ
(a) The lawful owner agrees to store the firearm in a manner such that the adverse party does not have access to or control of the firearm; and
(b) The law enforcement agency determines that:
(1) The firearm is not otherwise unlawfully possessed by the lawful owner; and
(2) The person is eligible to own or possess a firearm under state or federal law.
[8.] 7. As used in this section, licensed firearm dealer means a person licensed pursuant to 18 U.S.C. § 923(a).
Sec. 9. NRS 33.620 is hereby amended to read as follows:
33.620 1. The court shall transmit, by the end of the next business day after an [ex parte] emergency or extended order is issued or renewed, a copy of the order to the appropriate law enforcement agency.
2. [The] Unless the adverse party is present at the hearing described in section 1.3 of this act to receive the date of the hearing described in section 1.5 of this act in which the court will determine whether to issue an extended order, the court shall order the appropriate law enforcement agency to serve, without charge, the adverse party personally with [the ex parte or extended] :
(a) The emergency order ;
(b) Subject to the provisions of subsection 8, the application and any supplemental documents submitted to the court; and
(c) Notice of the hearing described in section 1.5 of this act.
3. The court shall order the appropriate law enforcement agency to serve, without charge, the adverse party personally with the extended order.
4. The law enforcement agency shall file with or mail to the clerk of the court proof of service of the emergency order pursuant to subsection 2 or the extended order pursuant to subsection 3 by the end of the next business day after service is made.
[3.] 5. If, while attempting to serve the adverse party personally pursuant to subsection 2 [,] or 3, the health or safety of the officer or the adverse party is put at risk because of any action of the adverse party, the law enforcement officer is under no duty to continue to attempt to serve the adverse party personally and the service shall be deemed unsuccessful. If such service is unsuccessful, the law enforcement agency shall, as soon as practicable after the risk has subsided, attempt to serve the adverse party personally until the [ex parte] emergency or extended order is successfully served.
[4.] 6. A law enforcement agency shall enforce an [ex parte] emergency or extended order without regard to the county in which the order was issued.
[5.] 7. The clerk of the court shall issue, without fee, a copy of the [ex parte] emergency or extended order to any family or household member or law enforcement officer who files a verified application pursuant to NRS 33.560 or the adverse party.
8. The court may withhold or redact from the application or any supplemental documents to be served upon the adverse party any personal identifying information of the applicant or any other person if the court determines that disclosure of the personal identifying information would create a substantial threat to the applicant or any other person of bodily harm, intimidation, coercion or harassment.
κ2021 Statutes of Nevada, Page 595 (CHAPTER 142, SB 6)κ
create a substantial threat to the applicant or any other person of bodily harm, intimidation, coercion or harassment. If the court withholds or redacts any personal identifying information pursuant to this subsection, the court shall:
(a) Upon request of the adverse party, provide the adverse party or the adverse partys attorney or agent with an opportunity to interview the applicant or other person whose personal identifying information was withheld or redacted in an environment that provides for protection of the applicant or other person;
(b) Maintain any information or documents withheld or redacted pursuant to this subsection in a confidential file; and
(c) Permit the adverse party or the adverse partys attorney or agent to inspect and to copy or photograph any information or documents withheld or redacted pursuant to this subsection before the hearing described in section 1.5 of this act.
9. As used in this section, personal identifying information means any information which would identify a person, including, without limitation, a name, an address, a date of birth or a social security number.
Sec. 10. NRS 33.630 is hereby amended to read as follows:
33.630 1. Whether or not a violation of an [ex parte] emergency or extended order occurs in the presence of a law enforcement officer, the officer may arrest and take into custody an adverse party:
(a) With a warrant; or
(b) Without a warrant if the officer has probable cause to believe that:
(1) An order has been issued pursuant to NRS 33.570 or 33.580 against the adverse party;
(2) The adverse party has been served with a copy of the order; and
(3) The adverse party is acting in violation of the order.
2. If a law enforcement officer cannot verify that the adverse party was served with a copy of the application and [ex parte] emergency or extended order, the officer shall:
(a) Inform the adverse party of the specific terms and conditions of the order;
(b) Inform the adverse party that [he or she] the adverse party has notice of the provisions of the order and that a violation of the order will result in his or her arrest;
(c) Inform the adverse party of the location of the court that issued the original order and the hours during which the adverse party may obtain a copy of the order; and
(d) Inform the adverse party of the date and time set for a hearing on an application for an [ex parte] emergency or extended order, if any.
3. Information concerning the terms and conditions of the [ex parte] emergency or extended order, the date and time of any notice provided to the adverse party and the name and identifying number of the law enforcement officer who gave the notice must be provided in writing to the applicant and noted in the records of the law enforcement agency and the court.
Sec. 11. NRS 33.640 is hereby amended to read as follows:
33.640 1. [An ex parte order expires within such time, not to exceed 7 days, as the court fixes. If a verified application for an extended order is filed within the period of an ex parte order or at the same time as an application for an ex parte order pursuant to NRS 33.560, the ex parte order remains in effect until the hearing on the extended order is held.
κ2021 Statutes of Nevada, Page 596 (CHAPTER 142, SB 6)κ
2. An extended order expires within such time, not to exceed 1 year, as the court fixes.
3.] The family or household member or law enforcement officer who filed the verified application pursuant to NRS 33.560 or the adverse party may request in writing to appear and move for the dissolution of an [ex parte] emergency or extended order. Upon a finding by clear and convincing evidence that the adverse party no longer poses a risk of causing a self-inflicted injury or a personal injury to [himself or herself or] another person by possessing [or having under his or her custody or control or by] , controlling, purchasing or otherwise acquiring any firearm, the court shall dissolve the order. If [the court finds that] all parties [agree] stipulate to dissolve the order, the court shall dissolve the order upon a finding of good cause.
[4.] 2. Upon the expiration or dissolution of an emergency or extended order, the court shall:
(a) Order the return of any firearm surrendered by the adverse party;
(b) Provide a copy of the order to:
(1) The adverse party; and
(2) The law enforcement agency holding any such surrendered firearm; and
(c) Cause, on a form prescribed by the Department of Public Safety, a record of the expiration or dissolution of the order to be transmitted to the Central Repository for Nevada Records of Criminal History to ensure that information concerning the adverse party is removed from the Central Repository.
3. Not less than 3 months before the expiration of an extended order and upon petition by a family or household member or law enforcement officer, the court may, after notice and a hearing, renew an extended order upon a finding by clear and convincing evidence. Such an order expires within a period, not to exceed 1 year, as the court fixes.
Sec. 12. NRS 33.650 is hereby amended to read as follows:
33.650 1. Any time that a court issues an [ex parte] emergency or extended order or renews an extended order and any time that a person serves such an order or receives any information or takes any other action pursuant to NRS 33.500 to 33.670, inclusive, the person shall, by the end of the next business day:
(a) Cause to be transmitted, in the manner prescribed by the Central Repository for Nevada Records of Criminal History, any information required by the Central Repository in a manner which ensures that the information is received by the Central Repository; and
(b) Transmit a copy of the order to the Attorney General.
2. If the Central Repository for Nevada Records of Criminal History receives any information described in subsection 1, the adverse party may petition the court for an order declaring that the basis for the information transmitted no longer exists.
3. A petition brought pursuant to subsection 2 must be filed in the court which issued the [ex parte] emergency or extended order.
4. The court shall grant the petition and issue the order described in subsection 2 if the court finds that the basis for the [ex parte] emergency or extended order no longer exists.
κ2021 Statutes of Nevada, Page 597 (CHAPTER 142, SB 6)κ
5. The court, upon granting the petition and entering an order pursuant to this section, shall cause, on a form prescribed by the Department of Public Safety, a record of the order to be transmitted to the Central Repository for Nevada Records of Criminal History.
6. Within 5 business days after receiving a record of an order transmitted pursuant to subsection 5, the Central Repository for Nevada Records of Criminal History shall take reasonable steps to ensure that the information concerning the adverse party is removed from the Central Repository.
7. If the Central Repository for Nevada Records of Criminal History fails to remove the information as provided in subsection 6, the adverse party may bring an action to compel the removal of the information. If the adverse party prevails in the action, the court may award the adverse party reasonable attorneys fees and costs incurred in bringing the action.
8. If a petition brought pursuant to subsection 2 is denied, the adverse party may petition for a rehearing not sooner than 2 years after the date of the denial of the petition.
Sec. 13. NRS 33.660 is hereby amended to read as follows:
33.660 1. A person shall not file a verified application for an [ex parte] emergency or extended order:
(a) Which [he or she] the person knows or has reason to know is false or misleading; or
(b) With the intent to harass the adverse party.
2. A person who violates the provisions of subsection 1 is guilty of a misdemeanor.
Sec. 14. NRS 33.670 is hereby amended to read as follows:
33.670 A person who intentionally violates an [ex parte] emergency or extended order is, unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order, guilty of a misdemeanor.
Sec. 15. NRS 1.130 is hereby amended to read as follows:
1.130 1. No court except a justice court or a municipal court shall be opened nor shall any judicial business be transacted except by a justice court or municipal court on Sunday, or on any day declared to be a legal holiday according to the provisions of NRS 236.015, except for the following purposes:
(a) To give, upon their request, instructions to a jury then deliberating on their verdict.
(b) To receive a verdict or discharge a jury.
(c) For the exercise of the power of a magistrate in a criminal action or in a proceeding of a criminal nature.
(d) To receive communications by telephone and for the issuance of:
(1) A temporary order pursuant to subsection 8 of NRS 33.020; or
(2) An [ex parte] emergency order for protection against high-risk behavior pursuant to NRS 33.570.
(e) For the issue of a writ of attachment, which may be issued on each and all of the days above enumerated upon the plaintiff, or some person on behalf of the plaintiff, setting forth in the affidavit required by law for obtaining the writ the additional averment as follows:
κ2021 Statutes of Nevada, Page 598 (CHAPTER 142, SB 6)κ
That the affiant has good reason to believe, and does believe, that it will be too late for the purpose of acquiring a lien by the writ to wait until subsequent day for the issuance of the same.
All proceedings instituted, and all writs issued, and all official acts done on any of the days above specified, under and by virtue of this section, shall have all the validity, force and effect of proceedings commenced on other days, whether a lien be obtained or a levy made under and by virtue of the writ.
2. Nothing herein contained shall affect private transactions of any nature whatsoever.
Sec. 16. NRS 4.370 is hereby amended to read as follows:
4.370 1. Except as otherwise provided in subsection 2, justice courts have jurisdiction of the following civil actions and proceedings and no others except as otherwise provided by specific statute:
(a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed $15,000.
(b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed $15,000.
(c) Except as otherwise provided in paragraph (l), in actions for a fine, penalty or forfeiture not exceeding $15,000, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.
(d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $15,000, though the penalty may exceed that sum. Bail bonds and other undertakings posted in criminal matters may be forfeited regardless of amount.
(e) In actions to recover the possession of personal property, if the value of the property does not exceed $15,000.
(f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $15,000.
(g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $15,000 or when no damages are claimed.
(h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed $15,000 or when no damages are claimed.
(i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $15,000.
(j) Of actions for the enforcement of mechanics liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $15,000.
(k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $15,000.
(l) In actions for a fine imposed for a violation of NRS 484D.680.
(m) Except as otherwise provided in this paragraph, in any action for the issuance of a temporary or extended order for protection against domestic violence pursuant to NRS 33.020.
κ2021 Statutes of Nevada, Page 599 (CHAPTER 142, SB 6)κ
violence pursuant to NRS 33.020. A justice court does not have jurisdiction in an action for the issuance of a temporary or extended order for protection against domestic violence:
(1) In a county whose population is 100,000 or more and less than 700,000;
(2) In any township whose population is 100,000 or more located within a county whose population is 700,000 or more; or
(3) If a district court issues a written order to the justice court requiring that further proceedings relating to the action for the issuance of the order for protection be conducted before the district court.
(n) Except as otherwise provided in this paragraph, in any action for the issuance of an [ex parte] emergency or extended order for protection against high-risk behavior pursuant to NRS 33.570 or 33.580. A justice court does not have jurisdiction in an action for the issuance of an [ex parte] emergency or extended order for protection against high-risk behavior:
(1) In a county whose population is 100,000 or more but less than 700,000;
(2) In any township whose population is 100,000 or more located within a county whose population is 700,000 or more; or
(3) If a district court issues a written order to the justice court requiring that further proceedings relating to the action for the issuance of the order for protection be conducted before the district court.
(o) In an action for the issuance of a temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive.
(p) In small claims actions under the provisions of chapter 73 of NRS.
(q) In actions to contest the validity of liens on mobile homes or manufactured homes.
(r) In any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment.
(s) In any action pursuant to NRS 200.378 for the issuance of a protective order against a person alleged to have committed the crime of sexual assault.
(t) In actions transferred from the district court pursuant to NRS 3.221.
(u) In any action for the issuance of a temporary or extended order pursuant to NRS 33.400.
(v) In any action seeking an order pursuant to NRS 441A.195.
2. The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.
3. Justice courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute. Upon approval of the district court, a justice court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established pursuant to NRS 176A.250 or, if the justice court has not established a program pursuant to NRS 176A.280, to a program established pursuant to that section.
4. Except as otherwise provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.
κ2021 Statutes of Nevada, Page 600 (CHAPTER 142, SB 6)κ
5. In the case of any arrest made by a member of the Nevada Highway Patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.
6. Each justice court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.
Sec. 17. NRS 193.166 is hereby amended to read as follows:
193.166 1. Except as otherwise provided in NRS 193.169, a person who commits a crime that is punishable as a felony, other than a crime that is punishable as a felony pursuant to subsection 6 of NRS 33.400, subsection 5 of NRS 200.378 or subsection 5 of NRS 200.591, in violation of:
(a) A temporary or extended order for protection against domestic violence issued pursuant to NRS 33.020;
(b) An order for protection against harassment in the workplace issued pursuant to NRS 33.270;
(c) A temporary or extended order for the protection of a child issued pursuant to NRS 33.400;
(d) An [ex parte] emergency or extended order for protection against high-risk behavior issued pursuant to NRS 33.570 or 33.580;
(e) An order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS;
(f) A temporary or extended order issued pursuant to NRS 200.378; or
(g) A temporary or extended order issued pursuant to NRS 200.591,
Κ shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison, except as otherwise provided in this subsection, for a minimum term of not less than 1 year and a maximum term of not more than 20 years. If the crime committed by the person is punishable as a category A felony or category B felony, in addition to the term of imprisonment prescribed by statute for that crime, the person shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years.
2. In determining the length of the additional penalty imposed pursuant to this section, the court shall consider the following information:
(a) The facts and circumstances of the crime;
(b) The criminal history of the person;
(c) The impact of the crime on any victim;
(d) Any mitigating factors presented by the person; and
(e) Any other relevant information.
Κ The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.
3. The sentence prescribed by this section:
(a) Must not exceed the sentence imposed for the crime; and
(b) Runs concurrently or consecutively with the sentence prescribed by statute for the crime, as ordered by the court.
4. The court shall not grant probation to or suspend the sentence of any person convicted of attempted murder, battery which involves the use of a deadly weapon, battery which results in substantial bodily harm or battery which is committed by strangulation as described in NRS 200.481 or 200.485 if an additional term of imprisonment may be imposed for that primary offense pursuant to this section.
κ2021 Statutes of Nevada, Page 601 (CHAPTER 142, SB 6)κ
5. This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
Sec. 18. NRS 202.3657 is hereby amended to read as follows:
202.3657 1. Any person who is a resident of this State may apply to the sheriff of the county in which he or she resides for a permit on a form prescribed by regulation of the Department. Any person who is not a resident of this State may apply to the sheriff of any county in this State for a permit on a form prescribed by regulation of the Department. Application forms for permits must be furnished by the sheriff of each county upon request.
2. A person applying for a permit may submit one application and obtain one permit to carry all handguns owned by the person. The person must not be required to list and identify on the application each handgun owned by the person. A permit is valid for any handgun which is owned or thereafter obtained by the person to whom the permit is issued.
3. Except as otherwise provided in this section, the sheriff shall issue a permit to any person who is qualified to possess a handgun under state and federal law, who submits an application in accordance with the provisions of this section and who:
(a) Is:
(1) Twenty-one years of age or older; or
(2) At least 18 years of age but less than 21 years of age if the person:
(I) Is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard; or
(II) Was discharged or released from service in the Armed Forces of the United States, a reserve component thereof or the National Guard under honorable conditions;
(b) Is not prohibited from possessing a firearm pursuant to NRS 202.360; and
(c) Demonstrates competence with handguns by presenting a certificate or other documentation to the sheriff which shows that the applicant:
(1) Successfully completed a course in firearm safety approved by a sheriff in this State; or
(2) Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety.
Κ Such a course must include instruction in the use of handguns and in the laws of this State relating to the use of a firearm. A sheriff may not approve a course in firearm safety pursuant to subparagraph (1) unless the sheriff determines that the course meets any standards that are established by the Nevada Sheriffs and Chiefs Association or, if the Nevada Sheriffs and Chiefs Association ceases to exist, its legal successor.
4. The sheriff shall deny an application or revoke a permit if the sheriff determines that the applicant or permittee:
(a) Has an outstanding warrant for his or her arrest.
(b) Has been judicially declared incompetent or insane.
(c) Has been voluntarily or involuntarily admitted to a mental health facility during the immediately preceding 5 years.
(d) Has habitually used intoxicating liquor or a controlled substance to the extent that his or her normal faculties are impaired. For the purposes of this paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, the person has:
κ2021 Statutes of Nevada, Page 602 (CHAPTER 142, SB 6)κ
this paragraph, it is presumed that a person has so used intoxicating liquor or a controlled substance if, during the immediately preceding 5 years, the person has:
(1) Been convicted of violating the provisions of NRS 484C.110; or
(2) Participated in a program of treatment pursuant to NRS 176A.230 to 176A.245, inclusive.
(e) Has been convicted of a crime involving the use or threatened use of force or violence punishable as a misdemeanor under the laws of this or any other state, or a territory or possession of the United States at any time during the immediately preceding 3 years.
(f) Has been convicted of a felony in this State or under the laws of any state, territory or possession of the United States.
(g) Has been convicted of a crime involving domestic violence or stalking, or is currently subject to a restraining order, injunction or other order for protection against domestic violence.
(h) Is currently subject to an [ex parte] emergency or extended order for protection against high-risk behavior issued pursuant to NRS 33.570 or 33.580.
(i) Is currently on parole or probation from a conviction obtained in this State or in any other state or territory or possession of the United States.
(j) Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court of this State or of any other state or territory or possession of the United States, as a condition to the courts:
(1) Withholding of the entry of judgment for a conviction of a felony; or
(2) Suspension of sentence for the conviction of a felony.
(k) Has made a false statement on any application for a permit or for the renewal of a permit.
(l) Has been discharged or released from service in the Armed Forces of the United States, a reserve component thereof or the National Guard under conditions other than honorable conditions and is less than 21 years of age.
5. The sheriff may deny an application or revoke a permit if the sheriff receives a sworn affidavit stating articulable facts based upon personal knowledge from any natural person who is 18 years of age or older that the applicant or permittee has or may have committed an offense or engaged in any other activity specified in subsection 4 which would preclude the issuance of a permit to the applicant or require the revocation of a permit pursuant to this section.
6. If the sheriff receives notification submitted by a court or law enforcement agency of this or any other state, the United States or a territory or possession of the United States that a permittee or an applicant for a permit has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the persons permit or the processing of the persons application until the final disposition of the charges against the person. If a permittee is acquitted of the charges, or if the charges are dropped, the sheriff shall restore his or her permit without imposing a fee.
7. An application submitted pursuant to this section must be completed and signed under oath by the applicant. The applicants signature must be witnessed by an employee of the sheriff or notarized by a notary public. The application must include:
κ2021 Statutes of Nevada, Page 603 (CHAPTER 142, SB 6)κ
(a) The name, address, place and date of birth, social security number, occupation and employer of the applicant and any other names used by the applicant;
(b) A complete set of the applicants fingerprints taken by the sheriff or his or her agent;
(c) A front-view colored photograph of the applicant taken by the sheriff or his or her agent;
(d) If the applicant is a resident of this State, the drivers license number or identification card number of the applicant issued by the Department of Motor Vehicles;
(e) If the applicant is not a resident of this State, the drivers license number or identification card number of the applicant issued by another state or jurisdiction;
(f) If the applicant is a person described in subparagraph (2) of paragraph (a) of subsection 3, proof that the applicant:
(1) Is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard, as evidenced by his or her current military identification card; or
(2) Was discharged or released from service in the Armed Forces of the United States, a reserve component thereof or the National Guard under honorable conditions, as evidenced by his or her DD Form 214, Certificate of Release or Discharge from Active Duty, or other document of honorable separation issued by the United States Department of Defense;
(g) A nonrefundable fee equal to the nonvolunteer rate charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation to obtain the reports required pursuant to subsection 1 of NRS 202.366; and
(h) A nonrefundable fee set by the sheriff not to exceed $60.
Sec. 19. 1. Sections 1.7, 3, 4, 5, 7 and 9 to 18, inclusive, of this act shall be construed as making amendments to provisions of state law for the purpose of substituting the term emergency order for ex parte order.
2. Any judicial interpretation of a state law that is rendered, issued or entered before July 1, 2021, which includes an interpretation of the term ex parte order which is amended by or as a result of this act to refer instead to emergency order shall be deemed to have the same meaning as though the term had remained unchanged.
Sec. 20. NRS 33.610 is hereby repealed.
Sec. 21. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 604κ
Senate Bill No. 7Committee on Judiciary
CHAPTER 143
[Approved: May 27, 2021]
AN ACT relating to courts; providing that the district court has exclusive jurisdiction over the issuance and dissolution of certain orders for protection where the adverse party is a child under 18 years of age; providing that the juvenile court has exclusive jurisdiction over actions relating to the violation of certain orders for protection where the adverse party is a child under 18 years of age; establishing procedures relating to orders declaring that the basis no longer exists for certain orders for protection be transmitted to the Central Repository for Nevada Records of Criminal History if the adverse party is a child under 18 years of age; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the issuance of orders for protection against domestic violence, harassment in the workplace, high-risk behavior, sexual assault, and stalking, aggravated stalking or harassment. (NRS 33.017-33.100, 33.200-33.360, 33.500-33.670, 200.378, 200.591) Existing law also provides that: (1) the family court, where established, and the justice court, with certain exceptions, have concurrent jurisdiction over actions for the issuance of a temporary or extended order for protection against domestic violence; and (2) the justice court has exclusive jurisdiction over actions for the issuance of orders for protection against harassment in the workplace, high-risk behavior, sexual assault, and stalking, aggravated stalking or harassment. (NRS 3.223, 4.370)
Section 1 of this bill provides that if an order for protection against domestic violence, harassment in the workplace, high-risk behavior, sexual assault, or stalking, aggravated stalking or harassment is sought against a child who is under 18 years of age, the district court has exclusive jurisdiction over any action relating to the issuance or dissolution of the order. However, section 1 provides that the juvenile court has exclusive jurisdiction over any action in which it is alleged that a child who is the adverse party to any such order has committed a delinquent act by violating a condition of the order. Section 2 of this bill makes conforming changes to remove jurisdiction over the issuance of such orders from other courts that have jurisdiction over the issuance of those orders under existing law.
If an order for protection against domestic violence, harassment in the workplace, high-risk behavior, sexual assault or stalking, aggravated stalking or harassment is issued against a child under 18 years of age and information concerning the order for protection is transmitted to the Central Repository for Nevada Records of Criminal History, section 2.7 of this bill authorizes the child to petition a court for an order declaring that the basis no longer exists for the information to be transmitted to the Central Repository. Section 2.7 also establishes procedures relating to: (1) the grant of such a petition; and (2) the removal of the petitioned information from the Central Repository. Finally, section 2.7 establishes procedures relating to the circumstances under which the Central Repository fails to comply with the order to remove the petitioned information. Section 2.3 of this bill makes a conforming change relating to the petition for and the issuance of an order declaring that the basis no longer exists for an order for protection against high-risk behavior.
κ2021 Statutes of Nevada, Page 605 (CHAPTER 143, SB 7)κ
Section 3 of this bill provides that the changes in this bill apply to an order for protection against domestic violence, harassment in the workplace, high-risk behavior, sexual assault, or stalking, aggravated stalking or harassment that is issued on or after October 1, 2021, and a court that issued such an order before October 1, 2021, retains jurisdiction over the order, all persons subject to or protected by the order, and all proceedings relating to the order.
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 3 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The district court has exclusive jurisdiction to accept an application for, to consider an application for, and to issue or deny the issuance of any of the following orders when the adverse party against whom the order is sought is a child who is under 18 years of age:
(a) A temporary or extended order for protection against domestic violence pursuant to NRS 33.017 to 33.100, inclusive.
(b) A temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive.
(c) An ex parte or extended order for protection against high-risk behavior pursuant to NRS 33.500 to 33.670, inclusive.
(d) A temporary or extended order for protection against sexual assault pursuant to NRS 200.378.
(e) A temporary or extended order for protection against stalking, aggravated stalking or harassment pursuant to NRS 200.591.
2. The district court shall appoint counsel for a child who is the adverse party against whom an order listed in subsection 1 is sought upon:
(a) The issuance of any ex parte or temporary order listed in subsection 1; or
(b) Notice of an adversarial hearing on an application for an order listed in subsection 1.
3. If the district court issues an order listed in subsection 1, the order must be served upon:
(a) The child who is the adverse party; and
(b) The parent or guardian of the child.
4. The juvenile court has exclusive jurisdiction over any action in which it is alleged that a child who is the adverse party in an order listed in subsection 1 has committed a delinquent act by violating a condition set forth in the order.
5. If the district court issues an order listed in subsection 1 and the adverse party reaches the age of 18 years while the order is still in effect, the order remains effective against the adverse party until the order expires or is dissolved by the district court.
6. The district court shall automatically seal all records related to the application for, consideration of and issuance of an order listed in subsection 1 as provided in NRS 62H.140 upon the dissolution or expiration of the order or when the adverse party reaches the age of 18 years, whichever is earlier, unless, at such a time, the order is still in effect, in which case the records must be automatically sealed by the district court upon the expiration or dissolution of the order.
κ2021 Statutes of Nevada, Page 606 (CHAPTER 143, SB 7)κ
7. A district court may appoint a master to conduct the proceedings described in this section.
Sec. 2. NRS 4.370 is hereby amended to read as follows:
4.370 1. Except as otherwise provided in subsection 2, justice courts have jurisdiction of the following civil actions and proceedings and no others except as otherwise provided by specific statute:
(a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed $15,000.
(b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed $15,000.
(c) Except as otherwise provided in paragraph (l), in actions for a fine, penalty or forfeiture not exceeding $15,000, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.
(d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $15,000, though the penalty may exceed that sum. Bail bonds and other undertakings posted in criminal matters may be forfeited regardless of amount.
(e) In actions to recover the possession of personal property, if the value of the property does not exceed $15,000.
(f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $15,000.
(g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $15,000 or when no damages are claimed.
(h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed $15,000 or when no damages are claimed.
(i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $15,000.
(j) Of actions for the enforcement of mechanics liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $15,000.
(k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $15,000.
(l) In actions for a fine imposed for a violation of NRS 484D.680.
(m) Except as otherwise provided in this paragraph, in any action for the issuance of a temporary or extended order for protection against domestic violence pursuant to NRS 33.020. A justice court does not have jurisdiction in an action for the issuance of a temporary or extended order for protection against domestic violence:
(1) In a county whose population is 100,000 or more and less than 700,000;
(2) In any township whose population is 100,000 or more located within a county whose population is 700,000 or more; [or]
(3) If a district court issues a written order to the justice court requiring that further proceedings relating to the action for the issuance of the order for protection be conducted before the district court [.] ; or
κ2021 Statutes of Nevada, Page 607 (CHAPTER 143, SB 7)κ
(4) Where the adverse party against whom the order is sought is under 18 years of age.
(n) Except as otherwise provided in this paragraph, in any action for the issuance of an ex parte or extended order for protection against high-risk behavior pursuant to NRS 33.570 or 33.580. A justice court does not have jurisdiction in an action for the issuance of an ex parte or extended order for protection against high-risk behavior:
(1) In a county whose population is 100,000 or more but less than 700,000;
(2) In any township whose population is 100,000 or more located within a county whose population is 700,000 or more; [or]
(3) If a district court issues a written order to the justice court requiring that further proceedings relating to the action for the issuance of the order for protection be conducted before the district court [.] ; or
(4) Where the adverse party against whom the order is sought is under 18 years of age.
(o) In an action for the issuance of a temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive [.] , where the adverse party against whom the order is sought is 18 years of age or older.
(p) In small claims actions under the provisions of chapter 73 of NRS.
(q) In actions to contest the validity of liens on mobile homes or manufactured homes.
(r) In any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment [.] where the adverse party against whom the order is sought is 18 years of age or older.
(s) In any action pursuant to NRS 200.378 for the issuance of a protective order against a person alleged to have committed the crime of sexual assault [.] where the adverse party against whom the order is sought is 18 years of age or older.
(t) In actions transferred from the district court pursuant to NRS 3.221.
(u) In any action for the issuance of a temporary or extended order pursuant to NRS 33.400.
(v) In any action seeking an order pursuant to NRS 441A.195.
2. The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.
3. Justice courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute. Upon approval of the district court, a justice court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established pursuant to NRS 176A.250 or, if the justice court has not established a program pursuant to NRS 176A.280, to a program established pursuant to that section.
4. Except as otherwise provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.
5. In the case of any arrest made by a member of the Nevada Highway Patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.
κ2021 Statutes of Nevada, Page 608 (CHAPTER 143, SB 7)κ
their respective counties and to the limits of all counties which have common boundaries with their respective counties.
6. Each justice court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.
Sec. 2.3. NRS 33.650 is hereby amended to read as follows:
33.650 1. Any time that a court issues an ex parte or extended order or renews an extended order and any time that a person serves such an order or receives any information or takes any other action pursuant to NRS 33.500 to 33.670, inclusive, the person shall, by the end of the next business day:
(a) Cause to be transmitted, in the manner prescribed by the Central Repository for Nevada Records of Criminal History, any information required by the Central Repository in a manner which ensures that the information is received by the Central Repository; and
(b) Transmit a copy of the order to the Attorney General.
2. If the Central Repository for Nevada Records of Criminal History receives any information described in subsection 1, the adverse party may petition the court for an order declaring that the basis for the information transmitted no longer exists.
3. A petition brought pursuant to subsection 2 must be filed in the court which issued the ex parte or extended order.
4. The court shall grant the petition and issue the order described in subsection 2 if the court finds that the basis for the ex parte or extended order no longer exists.
5. The court, upon granting the petition and entering an order pursuant to this section, shall cause, on a form prescribed by the Department of Public Safety, a record of the order to be transmitted to the Central Repository for Nevada Records of Criminal History.
6. Within 5 business days after receiving a record of an order transmitted pursuant to subsection 5, the Central Repository for Nevada Records of Criminal History shall take reasonable steps to ensure that the information concerning the adverse party is removed from the Central Repository.
7. If the Central Repository for Nevada Records of Criminal History fails to remove the information as provided in subsection 6, the adverse party may bring an action to compel the removal of the information. If the adverse party prevails in the action, the court may award the adverse party reasonable attorneys fees and costs incurred in bringing the action.
8. If a petition brought pursuant to subsection 2 is denied, the adverse party may petition for a rehearing not sooner than 2 years after the date of the denial of the petition.
9. If an adverse party to the ex parte or extended order is a child under the age of 18 years, the provisions of section 2.7 of this act govern petitions for and the issuance of orders declaring that the basis for an ex parte or extended order no longer exists.
Sec. 2.7. Chapter 62H of NRS is hereby amended by adding thereto a new section to read as follows:
1. Upon the submission of information relating to any of the following orders for protection where the adverse party is a child under the age of 18 years to the Central Repository for Nevada Records of Criminal History, the adverse party may petition a court for an order declaring that the basis no longer exists for such information to be transmitted to the Central Repository:
κ2021 Statutes of Nevada, Page 609 (CHAPTER 143, SB 7)κ
History, the adverse party may petition a court for an order declaring that the basis no longer exists for such information to be transmitted to the Central Repository:
(a) A temporary or extended order for protection against domestic violence pursuant to NRS 33.017 to 33.100, inclusive.
(b) A temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive.
(c) An ex parte or extended order for protection against high-risk behavior pursuant to NRS 33.500 to 33.670, inclusive.
(d) A temporary or extended order for protection against sexual assault pursuant to NRS 200.378.
(e) A temporary or extended order for protection against stalking, aggravated stalking or harassment pursuant to NRS 200.591.
2. A petition brought pursuant to subsection 1 must be filed in the court which issued the order for protection.
3. The court shall grant the petition and issue the order described in subsection 1 if the court finds that the basis for the order for protection no longer exists.
4. The court, upon granting the petition and entering an order pursuant to this section, shall cause, on a form prescribed by the Department of Public Safety, a record of the order to be transmitted to the Central Repository for Nevada Records of Criminal History.
5. Within 5 business days after receiving a record of an order transmitted pursuant to subsection 4, the Central Repository for Nevada Records of Criminal History shall take reasonable steps to ensure that the information concerning the adverse party is removed from the Central Repository.
6. If the Central Repository for Nevada Records of Criminal History fails to remove the information as provided in subsection 5, the adverse party may bring an action to compel the removal of the information. If the adverse party prevails in the action, the court may award the adverse party reasonable attorneys fees and costs incurred in bringing the action.
7. If a petition brought pursuant to subsection 1 is denied, the adverse party may petition for a rehearing not sooner than 2 years after the date of the denial of the petition.
Sec. 3. The amendatory provisions of this act:
1. Apply to an order for protection against domestic violence, harassment in the workplace, high-risk behavior, sexual assault, or stalking, aggravated stalking or harassment that is issued on or after October 1, 2021.
2. Do not apply to an order for protection against domestic violence, harassment in the workplace, high-risk behavior, sexual assault, or stalking, aggravated stalking or harassment that is issued before October 1, 2021, and a court that issued such an order before October 1, 2021, retains jurisdiction over the order, all persons subject to or protected by the order, and all proceedings relating to the order, regardless of whether the proceedings are conducted before, on or after October 1, 2021.
________
κ2021 Statutes of Nevada, Page 610κ
Senate Bill No. 31Committee on Judiciary
CHAPTER 144
[Approved: May 27, 2021]
AN ACT relating to public safety; authorizing the Central Repository for Nevada Records of Criminal History to monitor the agencies of criminal justice in this State for compliance with certain requirements relating to the submission or transmission of certain information and records concerning public safety; providing that if the Central Repository chooses to perform such monitoring, the Central Repository must prepare and post on its Internet website an annual report relating to the compliance of such agencies of criminal justice in this State with such requirements; revising the definition of a record of criminal history; revising the requirements for publication of certain statistical data; revising provisions relating to the information provided to an authorized participant of a service to conduct a name-based search of records of criminal history; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Central Repository for Nevada Records of Criminal History to collect and maintain certain information relating to records of criminal history. (NRS 179A.075) Existing law requires a court, within 5 business days, to transmit to the Central Repository any record concerning the appointment of a guardian for a person with a mental defect, plea or finding of guilty but mentally ill, verdict acquitting a person by reason of insanity, finding that a person is incompetent to stand trial or involuntary admission of a person to a mental health facility, along with a statement that the record is being transmitted for inclusion in each appropriate database of the National Instant Criminal Background Check System. (NRS 159.0593, 174.035, 175.533, 175.539, 178.425, 433A.310) Existing law also provides that, upon receiving such a record, the Central Repository: (1) must take reasonable steps to ensure that the information reported in the record is included in each appropriate database of the National Instant Criminal Background Check System; and (2) may take reasonable steps to ensure that the information reported in the record is included in each appropriate database of the National Crime Information Center. (NRS 179A.163)
Additionally, existing law requires: (1) each agency of criminal justice to submit information to the Central Repository relating to records of criminal history that it creates, issues or collects and certain information in the agencys possession relating to the DNA profile of certain persons; (2) each state and local law enforcement agency to submit Uniform Crime Reports. (NRS 179A.075) Finally, any time that a court issues a temporary or extended order for protection against domestic violence, an ex parte or extended order for protection against high-risk behavior, a temporary or extended order for protection against a person alleged to have committed the crime of sexual assault or a temporary or extended order for protection against stalking, aggravated stalking or harassment and any time that a person serves such an order, registers such an order or takes certain other actions relating to such orders, existing law requires the person to transmit certain information to the Central Repository. (NRS 33.095, 33.650, 200.37835, 200.599)
Section 1 of this bill: (1) authorizes the Central Repository to monitor the agencies of criminal justice in this State for compliance with the statutory requirements relating to the submission or transmission of certain information relating to mental health records and certain other records, reports, compilations and information; and (2) if the Central Repository chooses to perform such monitoring, requires the Central Repository to prepare an annual report regarding such compliance and post the report on its Internet website.
κ2021 Statutes of Nevada, Page 611 (CHAPTER 144, SB 31)κ
requires the Central Repository to prepare an annual report regarding such compliance and post the report on its Internet website. Section 1 also authorizes the Central Repository to contact the agencies of criminal justice in this State to coordinate efforts to ensure the timely submission or transmission of such information and records.
Under existing law, the term record of criminal history includes decisions of a district attorney not to prosecute a person. (NRS 179A.070) Section 1.5 of this bill revises the definition of record of criminal history to refer to decisions of a prosecuting attorney, rather than a district attorney, which expands the definition to include other types of prosecuting attorneys, such as city attorneys.
Existing law requires the Central Repository to prepare and post on its Internet website certain reports containing statistical data relating to crime and domestic violence. (NRS 179A.075) Section 2 of this bill eliminates the requirement to prepare and post such reports and instead requires the Central Repository to provide an electronic means to access on the Central Repositorys Internet website statistical data relating to crime and domestic violence.
Existing law establishes within the Central Repository a service to conduct a name-based search of records of criminal history of an employee, prospective employee, volunteer or prospective volunteer and provides that the Central Repository shall disseminate to an authorized participant of the service information which: (1) reflects convictions only; or (2) pertains to an incident for which an employee, prospective employee, volunteer or prospective volunteer is currently within the system of criminal justice, including parole or probation. (NRS 179A.103) Existing law also defines the term record of criminal history to include information contained in records collected and maintained by agencies of criminal justice, such as warrants, arrests, citations, detentions, decisions not to prosecute, indictments, charges and dispositions of charges. (NRS 179A.070) Section 3 of this bill provides that in conducting a name-based search of records of criminal history of an employee, prospective employee, volunteer or prospective volunteer, the Central Repository shall disseminate to an authorized participant information which reflects convictions only.
Existing law creates the Repository for Information Concerning Orders for Protection, which contains a record of all: (1) temporary and extended orders for protection against domestic violence issued or registered in this State and all Canadian domestic-violence protection orders registered in this State; (2) temporary and extended orders for protection against stalking, aggravated stalking or harassment issued in this State; and (3) temporary and extended orders for protection against a person alleged to have committed the crime of sexual assault issued in this State. Existing law also requires the Director of the Department of Public Safety, on or before July 1 of each year, to submit to the Director of the Legislative Counsel Bureau a written report concerning all temporary and extended orders for protection against domestic violence, sexual assault, stalking, aggravated stalking or harassment issued during the previous calendar year that were transmitted to the Repository for Information Concerning Orders for Protection. (NRS 179A.350) Section 4 of this bill eliminates the requirement to submit such a report and instead requires the Director of the Department of Public Safety to provide an electronic means to access on the Central Repositorys Internet website statistical data concerning such orders for protection.
Existing law creates the Repository for Information Concerning Crimes Against Older Persons or Vulnerable Persons, which contains a record of all reports of the abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons in this State. Existing law also requires the Director of the Department of Public Safety, on or before July 1 of each year, to prepare and submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report on the abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons. (NRS 179A.450) Section 5 of this bill eliminates the requirement to submit such a report and instead requires the Director of the Department of Public Safety to provide an electronic means to access on the Central Repositorys Internet website statistical data on the abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons.
κ2021 Statutes of Nevada, Page 612 (CHAPTER 144, SB 31)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 179A of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Central Repository may:
(a) Monitor the agencies of criminal justice in this State, at such times as the Central Repository deems necessary, to ensure that the agencies of criminal justice are compliant with all applicable provisions of NRS 33.095, 33.650, 159.0593, 174.035, 175.533, 175.539, 178.425, subsections 2, 3 and 4 of NRS 179A.075, NRS 200.37835, 200.599 and 433A.310; and
(b) According to a schedule established by the Director of the Department, contact the agencies of criminal justice in this State to coordinate efforts to ensure the timely submission or transmission of information and records pursuant to NRS 33.095, 33.650, 159.0593, 174.035, 175.533, 175.539, 178.425, subsections 2, 3 and 4 of NRS 179A.075, NRS 200.37835, 200.599 and 433A.310.
2. The Central Repository may adopt policies and procedures to carry out its duties pursuant to this section.
3. To carry out its duties pursuant to this section, the Central Repository may request that an agency of criminal justice provide information to the Central Repository. An agency of criminal justice shall provide information requested by the Central Repository in the manner and within the time prescribed by any policies and procedures adopted by the Central Repository pursuant to subsection 2.
4. If the Central Repository chooses to monitor the agencies of criminal justice in this State pursuant to this section, the Central Repository must:
(a) Prepare an annual report for the preceding calendar year indicating whether the agencies of criminal justice in this State were in compliance with the requirements regarding the submission or transmission of information and records set forth in NRS 33.095, 33.650, 159.0593, 174.035, 175.533, 175.539, 178.425, subsections 2, 3 and 4 of NRS 179A.075, NRS 200.37835, 200.599 and 433A.310; and
(b) On or before March 31 of each year, post the annual report on its Internet website.
Sec. 1.5. NRS 179A.070 is hereby amended to read as follows:
179A.070 1. Record of criminal history means information contained in records collected and maintained by agencies of criminal justice, the subject of which is a natural person, consisting of descriptions which identify the subject and notations of summons in a criminal action, warrants, arrests, citations for misdemeanors issued pursuant to NRS 171.1773, citations issued for violations of NRS 484C.110, 484C.120, 484C.130 and 484C.430, detentions, decisions of a [district] prosecuting attorney or the Attorney General not to prosecute the subject, indictments, informations or other formal criminal charges and dispositions of charges, including, without limitation, dismissals, acquittals, convictions, sentences, information set forth in NRS 209.353 concerning an offender in prison, any postconviction relief, correctional supervision occurring in Nevada, information concerning the status of an offender on parole or probation, and information concerning a convicted person who has registered as such pursuant to chapter 179C of NRS.
κ2021 Statutes of Nevada, Page 613 (CHAPTER 144, SB 31)κ
information concerning a convicted person who has registered as such pursuant to chapter 179C of NRS. The term includes only information contained in a record, maintained in written or electronic form, of a formal transaction between a person and an agency of criminal justice in this State, including, without limitation, the fingerprints and other biometric identifiers of a person who is arrested and taken into custody and of a person who is placed on parole or probation and supervised by the Division of Parole and Probation of the Department.
2. Record of criminal history does not include:
(a) Investigative or intelligence information, reports of crime or other information concerning specific persons collected in the course of the enforcement of criminal laws;
(b) Information concerning juveniles;
(c) Posters, announcements or lists intended to identify fugitives or wanted persons and aid in their apprehension;
(d) Original records of entry maintained by agencies of criminal justice if the records are chronological and not cross-indexed;
(e) Records of application for and issuance, suspension, revocation or renewal of occupational licenses, including, without limitation, permits to work in the gaming industry;
(f) Except as otherwise provided in subsection 1, court indexes and records of public judicial proceedings, court decisions and opinions, and information disclosed during public judicial proceedings;
(g) Except as otherwise provided in subsection 1, records of traffic violations constituting misdemeanors;
(h) Records of traffic offenses maintained by the Department to regulate the issuance, suspension, revocation or renewal of drivers or other operators licenses;
(i) Announcements of actions by the State Board of Pardons Commissioners and the State Board of Parole Commissioners, except information concerning the status of an offender on parole or probation; or
(j) Records which originated in an agency other than an agency of criminal justice in this State.
Sec. 2. NRS 179A.075 is hereby amended to read as follows:
179A.075 1. The Central Repository for Nevada Records of Criminal History is hereby created within the Records, Communications and Compliance Division of the Department.
2. Each agency of criminal justice and any other agency dealing with crime shall:
(a) Collect and maintain records, reports and compilations of statistical data required by the Department; and
(b) Submit the information collected to the Central Repository:
(1) In the manner approved by the Director of the Department; and
(2) In accordance with the policies, procedures and definitions of the Uniform Crime Reporting Program of the Federal Bureau of Investigation.
3. Each agency of criminal justice shall submit the information relating to records of criminal history that it creates, issues or collects, and any information in its possession relating to the DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913, to the Division. The information must be submitted to the Division:
κ2021 Statutes of Nevada, Page 614 (CHAPTER 144, SB 31)κ
(a) Through an electronic network;
(b) On a medium of magnetic storage; or
(c) In the manner prescribed by the Director of the Department,
Κ within 60 days after the date of the disposition of the case. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division. The Division shall delete all references in the Central Repository relating to that particular arrest.
4. Each state and local law enforcement agency shall submit Uniform Crime Reports to the Central Repository:
(a) In the manner prescribed by the Director of the Department;
(b) In accordance with the policies, procedures and definitions of the Uniform Crime Reporting Program of the Federal Bureau of Investigation; and
(c) Within the time prescribed by the Director of the Department.
5. The Division shall, in the manner prescribed by the Director of the Department:
(a) Collect, maintain and arrange all information submitted to it relating to:
(1) Records of criminal history; and
(2) The DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913.
(b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him or her.
(c) Upon request, provide, in paper or electronic form, the information that is contained in the Central Repository to the Committee on Domestic Violence appointed pursuant to NRS 228.470 when, pursuant to NRS 228.495, the Committee is reviewing the death of the victim of a crime that constitutes domestic violence pursuant to NRS 33.018.
6. The Division may:
(a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;
(b) Enter into cooperative agreements with repositories of the United States and other states to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and
(c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints or other biometric identifier the Central Repository submits to the Federal Bureau of Investigation and:
(1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;
(2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;
(3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers Standards and Training Commission;
κ2021 Statutes of Nevada, Page 615 (CHAPTER 144, SB 31)κ
(4) For whom such information is required or authorized to be obtained pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.123 and 449.4329; or
(5) About whom any agency of the State of Nevada or any political subdivision thereof is authorized by law to have accurate personal information for the protection of the agency or the persons within its jurisdiction.
7. To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to subsection 6, the Central Repository must receive:
(a) The persons complete set of fingerprints for the purposes of:
(1) Booking the person into a city or county jail or detention facility;
(2) Employment;
(3) Contractual services; or
(4) Services related to occupational licensing;
(b) One or more of the persons fingerprints for the purposes of mobile identification by an agency of criminal justice; or
(c) Any other biometric identifier of the person as it may require for the purposes of:
(1) Arrest; or
(2) Criminal investigation,
Κ from the agency of criminal justice or agency of the State of Nevada or any political subdivision thereof and submit the received data to the Federal Bureau of Investigation for its report.
8. The Central Repository shall:
(a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.
(b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.
(c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.
(d) Investigate the criminal history of any person who:
(1) Has applied to the Superintendent of Public Instruction for the issuance or renewal of a license;
(2) Has applied to a county school district, charter school or private school for employment or to serve as a volunteer; or
(3) Is employed by or volunteers for a county school district, charter school or private school,
Κ and immediately notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385 or 453.339, or convicted of a felony or any offense involving moral turpitude.
(e) Upon discovery, immediately notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:
κ2021 Statutes of Nevada, Page 616 (CHAPTER 144, SB 31)κ
(1) Investigated pursuant to paragraph (d); or
(2) Employed by or volunteering for a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,
Κ who the Central Repositorys records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385 or 453.339, or convicted of a felony or any offense involving moral turpitude since the Central Repositorys initial investigation. The superintendent of each county school district, the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district, charter school or private school, as applicable, is appropriate.
(f) Investigate the criminal history of each person who submits one or more fingerprints or other biometric identifier or has such data submitted pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.122, 449.123 or 449.4329.
(g) [On or before July 1 of each year, prepare and post on the Central Repositorys Internet website an annual report containing the] Provide an electronic means to access on the Central Repositorys Internet website statistical data relating to crime . [received during the preceding calendar year. Additional reports may be posted to the Central Repositorys Internet website throughout the year regarding specific areas of crime if they are approved by the Director of the Department.
(h) On or before July 1 of each year, prepare and post on the Central Repositorys Internet website a report containing]
(h) Provide an electronic means to access on the Central Repositorys Internet website statistical data about domestic violence in this State.
(i) Identify and review the collection and processing of statistical data relating to criminal justice by any agency identified in subsection 2 and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.
(j) Adopt regulations governing biometric identifiers and the information and data derived from biometric identifiers, including, without limitation:
(1) Their collection, use, safeguarding, handling, retention, storage, dissemination and destruction; and
(2) The methods by which a person may request the removal of his or her biometric identifiers from the Central Repository and any other agency where his or her biometric identifiers have been stored.
9. The Central Repository may:
(a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime.
(b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice or any other agency dealing with crime which is required to submit information pursuant to subsection 2. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.
(c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.
κ2021 Statutes of Nevada, Page 617 (CHAPTER 144, SB 31)κ
10. As used in this section:
(a) Mobile identification means the collection, storage, transmission, reception, search, access or processing of a biometric identifier using a handheld device.
(b) Personal identifying information means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:
(1) The name, drivers license number, social security number, date of birth and photograph or computer-generated image of a person; and
(2) A biometric identifier of a person.
(c) Private school has the meaning ascribed to it in NRS 394.103.
Sec. 3. NRS 179A.103 is hereby amended to read as follows:
179A.103 1. There is hereby established within the Central Repository a service to conduct a name-based search of records of criminal history of an employee, prospective employee, volunteer or prospective volunteer.
2. An eligible person that wishes to participate in the service must enter into a contract with the Central Repository. The elements of a contract entered into pursuant to this section must be limited to requiring the eligible person to:
(a) Pay a fee pursuant to subsection 3, if applicable; and
(b) Comply with applicable law.
3. The Central Repository may charge a reasonable fee for participation in the service.
4. An authorized participant of the service may inquire about the records of criminal history of an employee, prospective employee, volunteer or prospective volunteer to determine the suitability of the employee or prospective employee for employment or the suitability of the volunteer or prospective volunteer for volunteering.
5. The Central Repository shall disseminate to an authorized participant of the service information which [:
(a) Reflects] reflects convictions only . [; or
(b) Pertains to an incident for which an employee, prospective employee, volunteer or prospective volunteer is currently within the system of criminal justice, including parole or probation.]
6. An employee, prospective employee, volunteer or prospective volunteer who is proposed to be the subject of a name-based search must provide his or her written consent directly to the authorized participant or, if the authorized participant is a screening service, directly to the eligible person designating the screening service to receive records of criminal history, for the Central Repository to perform the search and to release the information to an authorized participant. The written consent form may be:
(a) A form designated by the Central Repository; or
(b) If the authorized participant is a screening service, a form that complies with the provisions of 15 U.S.C. § 1681b(b)2 for the procurement of a consumer report.
7. A screening service that is designated to receive records of criminal history on behalf of an eligible person may provide such records of criminal history to the eligible person upon request of the eligible person if the screening service maintains records of its dissemination of the records of criminal history.
κ2021 Statutes of Nevada, Page 618 (CHAPTER 144, SB 31)κ
8. The Central Repository may audit an authorized participant, at such times as the Central Repository deems necessary, to ensure that records of criminal history are securely maintained.
9. The Central Repository may terminate participation in the service if an authorized participant fails:
(a) To pay the fees required to participate in the service; or
(b) To address, within a reasonable period, deficiencies identified in an audit conducted pursuant to subsection 8.
10. As used in this section:
(a) Authorized participant means an eligible person who has entered into a contract with the Central Repository to participate in the service established pursuant to subsection 1.
(b) Consumer report has the meaning ascribed to it in 15 U.S.C. § 1681a(d).
(c) Eligible person means:
(1) An employer.
(2) A volunteer organization.
(3) A screening service.
(d) Employer means a person that:
(1) Employs an employee or makes employment decisions;
(2) Enters into a contract with an independent contractor or makes the determination whether to enter into a contract with an independent contractor; or
(3) Enters into a contract with a person, business or organization for the provision, directly or indirectly, of labor, services or materials by an independent contractor, subcontractor or a third party.
(e) Employment includes performing services, directly or indirectly, for an employer as an independent contractor, subcontractor or a third party pursuant to a contract.
(f) Screening service means a person or entity designated, directly or indirectly, by an eligible person to provide employment or volunteer screening services to the eligible person.
(g) Written consent means:
(1) An electronic signature pursuant to 15 U.S.C. § 7006(5), and any regulations adopted pursuant thereto;
(2) Completion of the form designated by the Central Repository pursuant to paragraph (a) of subsection 6; or
(3) Consent by means of mail, the Internet, other electronic means or other means pursuant to 15 U.S.C. § 1681b(b)(2), and any regulations adopted pursuant thereto.
Sec. 4. NRS 179A.350 is hereby amended to read as follows:
179A.350 1. The Repository for Information Concerning Orders for Protection is hereby created within the Central Repository.
2. Except as otherwise provided in subsection 10, the Repository for Information Concerning Orders for Protection must contain a complete and systematic record of all:
(a) Temporary and extended orders for protection against domestic violence issued or registered in the State of Nevada and all Canadian domestic-violence protection orders registered in the State of Nevada, including, without limitation, any information received pursuant to NRS 33.095;
κ2021 Statutes of Nevada, Page 619 (CHAPTER 144, SB 31)κ
(b) Temporary and extended orders for protection against stalking, aggravated stalking or harassment issued in this State pursuant to NRS 200.599; and
(c) Temporary and extended orders for protection against a person alleged to have committed the crime of sexual assault issued in this State pursuant to NRS 200.37835.
3. The records contained in the Repository for Information Concerning Orders for Protection must be kept in accordance with the regulations adopted by the Director of the Department.
4. Information received by the Central Repository pursuant to NRS 33.095, 200.37835 and 200.599 must be entered in the Repository for Information Concerning Orders for Protection.
5. The information in the Repository for Information Concerning Orders for Protection must be accessible by computer at all times to each agency of criminal justice.
6. The Repository for Information Concerning Orders for Protection shall retain all records of an expired temporary or extended order for protection unless such an order is sealed by a court of competent jurisdiction.
7. The existence of a record of an expired temporary or extended order for protection in the Repository for Information Concerning Orders for Protection does not prohibit a person from obtaining a firearm or a permit to carry a concealed firearm unless such conduct violates:
(a) A court order; or
(b) Any provision of federal or state law.
8. [On or before July 1 of each year, the] The Director of the Department shall [submit to the Director of the Legislative Counsel Bureau a written report] provide an electronic means to access on the Central Repositorys Internet website statistical data concerning all temporary and extended orders for protection issued pursuant to NRS 33.020, 200.378 and 200.591 during the previous calendar year that were transmitted to the Repository for Information Concerning Orders for Protection. The [report] data must include, without limitation, information for each court that issues temporary or extended orders for protection pursuant to NRS 33.020, 200.378 and 200.591, respectively, concerning:
(a) The total number of temporary and extended orders that were granted by the court during the calendar year to which the [report] data pertains;
(b) The number of temporary and extended orders that were granted to women;
(c) The number of temporary and extended orders that were granted to men;
(d) The number of temporary and extended orders that were vacated or expired;
(e) The number of temporary orders that included a grant of temporary custody of a minor child; and
(f) The number of temporary and extended orders that were served on the adverse party.
9. The information provided pursuant to subsection 8 must include only aggregate information for statistical purposes and must exclude any identifying information relating to a particular person.
10. The Repository for Information Concerning Orders for Protection must not contain any information concerning an event that occurred before October 1, 1998.
κ2021 Statutes of Nevada, Page 620 (CHAPTER 144, SB 31)κ
11. As used in this section, Canadian domestic-violence protection order has the meaning ascribed to it in NRS 33.119.
Sec. 5. NRS 179A.450 is hereby amended to read as follows:
179A.450 1. The Repository for Information Concerning Crimes Against Older Persons or Vulnerable Persons is hereby created within the Central Repository.
2. The Repository for Information Concerning Crimes Against Older Persons or Vulnerable Persons must contain a complete and systematic record of all reports of the abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons in this State. The record must be prepared in a manner approved by the Director of the Department and must include, without limitation, the following information:
(a) All incidents that are reported to state and local law enforcement agencies and the Aging and Disability Services Division of the Department of Health and Human Services.
(b) All cases that were investigated and the type of such cases.
3. [On or before July 1 of each year, the] The Director of the Department shall [prepare and submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature that sets forth] provide an electronic means to access on the Central Repositorys Internet website statistical data on the abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons.
4. The data and findings generated pursuant to this section must not contain information that may reveal the identity of an individual victim or a person accused of the abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons.
5. As used in this section:
(a) Abandonment has the meaning ascribed to it in NRS 200.5092.
(b) Abuse has the meaning ascribed to it in NRS 200.5092.
(c) Exploitation has the meaning ascribed to it in NRS 200.5092.
(d) Isolation has the meaning ascribed to it in NRS 200.5092.
(e) Neglect has the meaning ascribed to it in NRS 200.5092.
(f) Older person means a person who is 60 years of age or older.
(g) Vulnerable person has the meaning ascribed to it in NRS 200.5092.
Sec. 6. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 7. 1. This section and sections 1.5 to 6, inclusive, of this act become effective upon passage and approval.
2. Section 1 of this act becomes effective on January 1, 2022.
________
κ2021 Statutes of Nevada, Page 621κ
Senate Bill No. 33Committee on Natural Resources
CHAPTER 145
[Approved: May 27, 2021]
AN ACT relating to natural resource management; replacing the term reforestation with revegetation; expanding the types of vegetation and areas where vegetation is located that the State Forester Firewarden is responsible for conserving, protecting and enhancing; expanding the application of certain provisions governing forests and watersheds to include rangelands; repealing the requirement to carry out certain tasks related to fire retardant roofing, fire-hazardous forested areas and ensuring consistency with fire codes, rules and regulations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the State Forester Firewarden to negotiate with and enter into cooperative agreements with certain governmental entities and with organizations and natural persons to establish and develop nurseries in this State for the procurement and production, research and display of forest tree seeds and conservation plant materials. Such nurseries are meant to accomplish a variety of goals, including advancing the general welfare and bringing about benefits that result from reforestation. (NRS 528.100) Existing law provides that reforestation means the planting and cultivation of conservation plant materials which are indigenous to forests, plains, meadows, deserts and urban areas of Nevada. (NRS 528.097) Sections 1-4, 6-8 and 19 of this bill replace the term reforestation with revegetation.
Sections 3, 5 and 7 of this bill expand the types of vegetation and areas where vegetation is located that the State Forester Firewarden is responsible for conserving, protecting and enhancing. Existing law requires any state nursery to purchase forest tree seeds and conservation plant materials so that they can be distributed for planting on public or private property for a variety of purposes. (NRS 528.105) Section 7 of this bill provides that such distribution may occur for certain additional purposes, including soil erosion control, noise abatement, revegetation, greenstrips, reduction of fire hazards, xeriscaping, water conservation and providing wildlife habitats.
Existing law requires the State Forester Firewarden to supervise or coordinate all forestry and watershed work on state-owned and privately owned lands and authorizes the State Forester Firewarden to: (1) appoint paid foresters and firewardens to enforce existing law concerning forest and watershed management or the protection of forests and other lands; and (2) purchase or acquire by donation, supplies, material, equipment and improvements necessary to fire protection and forest and watershed management. (NRS 472.040) Sections 10-14 of this bill expand the application of the provisions relating to forests and watersheds to include rangelands and remove certain references to forest so that certain provisions apply to any lands in this State.
Existing law requires the State Forester Firewarden to: (1) adopt and enforce regulations relating to standards for fire retardant roofing materials to be used in the construction, alteration, change or repair of buildings located within the boundaries of fire-hazardous forested areas; and (2) designate the boundaries of such fire-hazardous forested areas. Existing law additionally requires the State Forester Firewarden to assess the codes, rules and regulations which are adopted by other agencies that have specific regulatory authority within the Lake Tahoe Basin and the Lake Mead Basin and which are not subject to the authority of a state or local fire agency, for consistency with fire codes, rules and regulations. (NRS 472.040) Section 10 of this bill removes the requirement that the State Forester Firewarden carry out these duties.
κ2021 Statutes of Nevada, Page 622 (CHAPTER 145, SB 33)κ
bill removes the requirement that the State Forester Firewarden carry out these duties. Section 18 of this bill requires the State Fire Marshal to cooperate with the State Forester Firewarden concerning certain mitigation activities.
Existing law requires the State Fire Marshal to adopt regulations relating to the prevention of fire. (NRS 477.030) The State Fire Marshal has adopted regulations in which the International Wildland-Urban Interface Code is adopted by reference. (NAC 477.281) Existing law provides that the regulations of the State Fire Marshal apply throughout the State, except that any regulations of the State Fire Marshal concerning matters relating to building codes do not apply to a county whose population is 700,000 or more (currently Clark County), if the county adopts a code that is at least as stringent as the International Fire Code and the International Building Code within 1 year of the time such international codes are published by the International Code Council. (NRS 477.030) Section 18 provides that such a code adopted by a county whose population is 700,000 or more must: (1) also be at least as stringent as the International Wildland-Urban Interface Code; and (2) be adopted within 2 years of the time such international codes are published by the International Code Council.
Section 21 of this bill repeals the State Forester Firewardens authority to enforce all regulations relating to the reduction of brush, dense undergrowth and other vegetation around and adjacent to a structure that is in a fire-hazardous forested area. Section 21 of this bill repeals the State Forester Firewardens authority to enforce provisions of existing law that require fire retardant roofing material to be used in areas designated as fire-hazardous forested areas. Section 9 of this bill makes a conforming change by removing a reference to the repealed provision.
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 528 of NRS is hereby amended by adding thereto a new section to read as follows:
Native landscape means any forest, plain, meadow, desert, riparian area, wetland or natural area located in Nevada.
Sec. 2. NRS 528.091 is hereby amended to read as follows:
528.091 As used in NRS 528.091 to 528.120, inclusive, and section 1 of this act, unless the context otherwise requires, the terms defined in NRS 528.092 to 528.098, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 3. NRS 528.092 is hereby amended to read as follows:
528.092 Conservation plant materials means those trees, shrubs and plants and the parts of such trees, shrubs and plants used for:
1. Well-established conservation purposes such as xeriscaping, windbreaks, wood lots, soil erosion control, wildlife habitation, [reforestation,] revegetation, noise abatement , water conservation and fire control; or
2. Beautification purposes for parks, recreation areas, public rights-of-ways, areas that are commonly owned, greenbelts, schools and public buildings.
Sec. 4. NRS 528.097 is hereby amended to read as follows:
528.097 [Reforestation] Revegetation means planting and cultivation of conservation plant materials which are indigenous or adaptable to [forests, plains, meadows, deserts] the native landscapes and urban areas of Nevada.
κ2021 Statutes of Nevada, Page 623 (CHAPTER 145, SB 33)κ
Sec. 5. NRS 528.098 is hereby amended to read as follows:
528.098 Urban forestry means the science of developing, caring for or cultivating conservation plant materials in an urban environment to enhance air and water quality, provide shade protection, stabilize soils, promote water conservation, reduce noise [and dust] levels, reduce fire hazards, improve human health, provide wildlife habitats, sustain local economies and improve esthetics.
Sec. 6. NRS 528.100 is hereby amended to read as follows:
528.100 1. In order to aid agriculture, conserve water resources, renew the timber supply, promote erosion control, beautify urban areas, support urban forestry, educate the public, improve natural forests, deserts, wildlife habitation, and in other ways advance the general welfare and bring about benefits resulting from [reforestation] revegetation and the establishment of windbreaks, shelterbelts, wood lots, greenbelts, open space, parks and arboretums on lands in the State of Nevada, the State Forester Firewarden, subject to the approval of the Director, may act for the State of Nevada in negotiating for and entering into cooperative agreements with the United States of America, with the governing bodies of the counties and other political subdivisions of this state, and with organizations and natural persons for the purpose of securing the establishment and development of a nursery site or sites for the procurement and production, research and display of forest tree seeds and conservation plant materials.
2. The State Forester Firewarden may receive contributions of money from cooperators under the cooperative agreement.
3. The Fund for Forest Nurseries is hereby created as an enterprise fund. All money received for the establishment, development and operation of nurseries must be accounted for in the Fund. The balance in the Fund may not be transferred to any other Fund. All claims against the Fund must be paid as other claims against the State are paid.
Sec. 7. NRS 528.105 is hereby amended to read as follows:
528.105 1. Any state nursery authorized by NRS 528.100 must be operated under management of the State Forester Firewarden and must propagate stock for uses as provided in this section.
2. The State Forester Firewarden may:
(a) Purchase nursery stock, seed and other conservation plant materials.
(b) Engage in seed, tree and plant development research.
(c) Demonstrate methods of conservation plant material planting, propagation and landscaping to public or private organizations or individuals.
(d) Distribute conservation plant materials for planting on public property for the purposes of soil erosion control, windbreaks, noise abatement, [reforestation,] revegetation, greenbelts, greenstrips, reduction of fire hazards, xeriscaping, watershed protection, providing wildlife [protection] habitats, improving human health, sustaining local economies and beautification.
(e) Distribute conservation plant materials for planting on private property for the purposes of production of forest or wood-lot products, [reforestation,] soil erosion control, windbreaks, [wood lots, shelterbelts,] noise abatement, revegetation, greenbelts , greenstrips, reduction of fire hazards, xeriscaping, water conservation and providing wildlife habitat.
κ2021 Statutes of Nevada, Page 624 (CHAPTER 145, SB 33)κ
(f) Charge and collect for all plant materials distributed under paragraphs (d) and (e) in accordance with a fee schedule developed by the State Forester Firewarden and approved by the Director.
3. Conservation plant materials distributed by the State Forester Firewarden under the provisions of paragraph (e) of subsection 2 must be used only for the purposes therein set forth. The State Forester Firewarden may set by regulation the criteria for eligibility for distribution of plants under paragraph (e) of subsection 2.
4. Any person who violates the provisions of this section is guilty of a misdemeanor.
Sec. 8. NRS 63.460 is hereby amended to read as follows:
63.460 1. A facility may establish forestry camps for the purposes of:
(a) Securing a satisfactory classification and segregation of children according to their capacities, interests and responsiveness to control and responsibility;
(b) Reducing the necessity of extending existing grounds and housing facilities; and
(c) Providing adequate opportunity for reform and encouragement of self-discipline.
2. Children committed to forestry camps may be required:
(a) To labor on the buildings and grounds of the forestry camp.
(b) To perform fire prevention work, including, but not limited to:
(1) Building firebreaks and fire trails;
(2) Fire suppression;
(3) Making forest roads for fire prevention or fire fighting; and
(4) Forestation and [reforestation] revegetation of public lands.
(c) To perform other projects prescribed by the superintendent of the facility.
3. For the purposes of carrying out the provisions of this section, the superintendent of a facility may enter into contracts with the Federal Government, state officials and various state agencies and departments.
4. As used in this section, revegetation has the meaning ascribed to it in NRS 528.097.
Sec. 9. NRS 341.100 is hereby amended to read as follows:
341.100 1. The Administrator and the Deputy Administrator of the Public Works - Compliance and Code Enforcement Section serve at the pleasure of the Director of the Department.
2. The Administrator shall appoint:
(a) A Deputy Administrator of the Public Works - Professional Services Section; and
(b) A Deputy Administrator of the Buildings and Grounds Section.
Κ Each deputy administrator appointed pursuant to this subsection serves at the pleasure of the Administrator.
3. The Administrator shall recommend and the Director shall appoint a Deputy Administrator of the Public Works - Compliance and Code Enforcement Section. The Deputy Administrator appointed pursuant to this subsection has the final authority in the interpretation and enforcement of any applicable building codes.
κ2021 Statutes of Nevada, Page 625 (CHAPTER 145, SB 33)κ
4. The Administrator may appoint such other technical and clerical assistants as may be necessary to carry into effect the provisions of this chapter.
5. The Administrator and each deputy administrator are in the unclassified service of the State. Except as otherwise provided in NRS 284.143, the Administrator and each deputy administrator shall devote his or her entire time and attention to the business of the office and shall not pursue any other business or occupation or hold any other office of profit.
6. The Administrator must:
(a) Have a masters degree or doctoral degree in civil or environmental engineering, architecture, public administration or a related field and experience in management, public administration or public policy; or
(b) Be a licensed professional engineer pursuant to the provisions of chapter 625 of NRS or an architect registered pursuant to the provisions of chapter 623 of NRS.
7. The Deputy Administrator of the:
(a) Public Works - Professional Services Section must be a licensed professional engineer pursuant to the provisions of chapter 625 of NRS or an architect registered pursuant to the provisions of chapter 623 of NRS.
(b) Public Works - Compliance and Code Enforcement Section must have a comprehensive knowledge of building codes and a working knowledge of the principles of engineering or architecture as determined by the Administrator.
8. The Administrator shall:
(a) Serve as the Secretary of the Board.
(b) Manage the daily affairs of the Division.
(c) Represent the Board and the Division before the Legislature.
(d) Prepare and submit to the Board, for its approval, the recommended priority for proposed capital improvement projects and provide the Board with an estimate of the cost of each project.
(e) Select architects, engineers and contractors.
(f) Accept completed projects.
(g) Submit in writing to the Director of the Department, the Governor and the Interim Finance Committee a monthly report regarding all public works projects which are a part of the approved capital improvement program. For each such project, the monthly report must include, without limitation, a detailed description of the progress of the project which highlights any specific events, circumstances or factors that may result in:
(1) Changes in the scope of the design or construction of the project or any substantial component of the project which increase or decrease the total square footage or cost of the project by 10 percent or more;
(2) Increased or unexpected costs in the design or construction of the project or any substantial component of the project which materially affect the project;
(3) Delays in the completion of the design or construction of the project or any substantial component of the project; or
(4) Any other problems which may adversely affect the design or construction of the project or any substantial component of the project.
(h) Have final authority to approve the architecture of all buildings, plans, designs, types of construction, major repairs and designs of landscaping.
κ2021 Statutes of Nevada, Page 626 (CHAPTER 145, SB 33)κ
9. The Deputy Administrator of the Public Works - Compliance and Code Enforcement Section shall:
(a) Serve as the building official for all buildings and structures on property of the State or held in trust for any division of the State Government; and
(b) Consult with an agency or official that is considering adoption of a regulation described in NRS 446.942, 449.345, 455C.115, 461.173 [, 472.105] or 477.0325 and provide recommendations regarding how the regulation, as it applies to buildings and structures on property of this State or held in trust for any division of the State Government, may be made consistent with other regulations which apply to such buildings or structures.
Sec. 10. NRS 472.040 is hereby amended to read as follows:
472.040 1. The State Forester Firewarden shall:
(a) Supervise or coordinate all forestry , rangeland and watershed work on state-owned and privately owned lands, including fire control, in Nevada, working with federal agencies, private associations, counties, towns, cities or private persons.
(b) Administer all fire control laws and all forestry laws in Nevada outside of townsite boundaries, and perform any other duties designated by the Director of the State Department of Conservation and Natural Resources or by state law.
(c) Assist and encourage county or local fire protection districts to create legally constituted fire protection districts where they are needed and offer guidance and advice in their operation.
(d) [Designate the boundaries of each area of the State where the construction of buildings on forested lands creates such a fire hazard as to require the regulation of roofing materials.
(e) Adopt and enforce regulations relating to standards for fire retardant roofing materials to be used in the construction, alteration, change or repair of buildings located within the boundaries of fire hazardous forested areas.
(f)] Purchase communication equipment which can use the microwave channels of the state communications system and store this equipment in regional locations for use in emergencies.
[(g)] (e) Administer money appropriated and grants awarded for fire prevention, fire control and the education of firefighters and award grants of money for those purposes to fire departments and educational institutions in this State.
[(h)] (f) Determine the amount of wages that must be paid to offenders who participate in conservation camps and who perform work relating to fire fighting and other work projects of conservation camps.
[(i)] (g) Cooperate with the State Fire Marshal in the enforcement of all laws and the adoption of regulations relating to the prevention of fire through the management of vegetation in [counties located within or partially within the Lake Tahoe Basin and the Lake Mead Basin.
(j) Assess the codes, rules and regulations which are adopted by other agencies that have specific regulatory authority within the Lake Tahoe Basin and the Lake Mead Basin, and which are not subject to the authority of a state or local fire agency, for consistency with fire codes, rules and regulations.
(k)] this State.
κ2021 Statutes of Nevada, Page 627 (CHAPTER 145, SB 33)κ
(h) Ensure that any adopted regulations are consistent with those of fire protection districts created pursuant to chapter 318 or 474 of NRS.
[(l)] (i) Upon the request of the State Engineer, review a plan submitted with an application for the issuance of a temporary permit pursuant to NRS 533.436.
2. The State Forester Firewarden in carrying out the provisions of this chapter may:
(a) Appoint paid foresters and firewardens to enforce the provisions of the laws of this State respecting forest , rangeland and watershed management or the protection of [forests and other] lands from fire, subject to the approval of the board of county commissioners of each county concerned.
(b) Appoint suitable citizen-wardens. Citizen-wardens serve voluntarily except that they may receive compensation when an emergency is declared by the State Forester Firewarden.
(c) Appoint, upon the recommendation of the appropriate federal officials, resident officers of the United States Forest Service and the United States Bureau of Land Management as voluntary firewardens. Voluntary firewardens are not entitled to compensation for their services.
(d) Appoint certain paid foresters or firewardens to be arson investigators.
(e) Employ, with the consent of the Director of the State Department of Conservation and Natural Resources, clerical assistance, county and district coordinators, patrol officers, firefighters, and other employees as needed, and expend such sums as may be necessarily incurred for this purpose.
(f) Purchase, or acquire by donation, supplies, material, equipment and improvements necessary to fire protection and forest , rangeland and watershed management.
(g) With the approval of the Director of the State Department of Conservation and Natural Resources and the State Board of Examiners, purchase or accept the donation of real property to be used for lookout sites and for other administrative, experimental or demonstration purposes. No real property may be purchased or accepted unless an examination of the title shows the property to be free from encumbrances, with title vested in the grantor. The title to the real property must be examined and approved by the Attorney General.
(h) Expend any money appropriated by the State to the Division of Forestry of the State Department of Conservation and Natural Resources for paying expenses incurred in fighting fires or in emergencies which threaten human life.
3. The State Forester Firewarden, in carrying out the powers and duties granted in this section, is subject to administrative supervision by the Director of the State Department of Conservation and Natural Resources.
Sec. 11. NRS 472.043 is hereby amended to read as follows:
472.043 1. It is the purpose of this section to provide for the maintenance of [forest and] vegetative cover in forests, on [forest] rangelands and on watershed land, to conserve water and soil , to mitigate wildfires and to prevent destructive floods.
2. The State Forester Firewarden, with the approval of the Director of the State Department of Conservation and Natural Resources, may:
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(a) Enter into contracts with any state or federal public agency, municipal corporation, or any person, firm or private corporation to establish and preserve [forest and] vegetative cover in forests, on [forest] rangelands or on watershed lands.
(b) Conduct surveys and studies, formulate plans and perform all acts incidental to the establishment and maintenance of [forest and] vegetative cover in forests, on [forest] rangelands and on watershed lands, including any work necessary to accomplish such purposes.
3. In entering into contracts the State Forester Firewarden shall give priority to, but not be limited to, situations where:
(a) The natural vegetative cover has been destroyed or denuded to the extent that precipitation may create floods and serious soil depletion and erosion.
(b) The denuded area is of a size, and the topography and soil characteristics are of such a nature, that soil loss and floods will have a significant effect upon watershed values and the public welfare.
(c) The vegetative cover will not be restored by natural means in time effectively to prevent undue erosion and flood runoff.
(d) The natural succession of vegetation may be detrimental to the public welfare.
4. The State Forester Firewarden, or any agents of the State Forester Firewarden, with the approval of the Director of the State Department of Conservation and Natural Resources, may enter into cooperative agreements with federal agencies, counties, county fire protection districts, cities and private landowners for the purposes set forth in this section.
Sec. 12. NRS 472.050 is hereby amended to read as follows:
472.050 1. The State Forester Firewarden, with the approval of the Director of the State Department of Conservation and Natural Resources, may represent the State of Nevada in negotiating and entering into agreements with the Federal Government for the purpose of securing cooperation in forest , rangeland and watershed land management and the protection of [the forest and watershed] such areas of Nevada from fire, and enter into such other agreements with boards of county commissioners, municipalities, rangeland fire protection associations and other organizations and individuals in the State of Nevada owning lands therein, as are necessary in carrying out the terms of the federal agreements or that will otherwise promote and encourage [forest] vegetation management and the protection from fire of [forest or other] lands having an inflammable cover.
2. Any federal money allotted to the State of Nevada under the terms of the federal agreements and such other money as may be received by the State for the management and protection of forests , rangelands and watershed areas therein shall be deposited in the Division of Forestry Account in the State General Fund.
Sec. 13. NRS 472.060 is hereby amended to read as follows:
472.060 Any fire protection district and board or boards of county commissioners of the State of Nevada may:
1. Enter into cooperative agreements with the State Forester Firewarden subject to the approval of the Director of the State Department of Conservation and Natural Resources, acting for the State, and with other counties, rangeland fire protection associations and other organizations and individuals, to prevent and suppress outdoor fires.
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2. Appropriate and expend funds for the payment of wages and expenses incurred in fire prevention and fire suppression, for the purchase, construction and maintenance of forest and rangeland protection improvements and equipment and for paying other expenses incidental to the protection of [forest and other] lands from fire, including any portion of the office and travel expense of the Division of Forestry of the State Department of Conservation and Natural Resources incurred in carrying out the provisions of any cooperative agreements with the State of Nevada.
Sec. 14. NRS 472.070 is hereby amended to read as follows:
472.070 The State Forester Firewarden with the approval of the Director of the State Department of Conservation and Natural Resources, fire protection districts, and the boards of county commissioners, separately or collectively, may enter into agreements with the United States Forest Service, United States Bureau of Land Management, other fire protection agencies and rangeland fire protection associations to provide for placing any or all portions of the fire protection work under the direction of the agency or association concerned, under such terms as the contracting parties deem equitable, and may place any or all funds appropriated or otherwise secured for forest and rangeland protection in the cooperative work fund of the respective agency or rangeland fire protection association for disbursement by that agency or association for the purposes stated in the agreements and otherwise in conformity with the terms thereof.
Secs. 15-17. (Deleted by amendment.)
Sec. 18. NRS 477.030 is hereby amended to read as follows:
477.030 1. Except as otherwise provided in this section, the State Fire Marshal shall enforce all laws and adopt regulations relating to:
(a) The prevention of fire.
(b) The storage and use of:
(1) Combustibles, flammables and fireworks; and
(2) Explosives in any commercial construction, but not in mining or the control of avalanches,
Κ under those circumstances that are not otherwise regulated by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.890.
(c) The safety, access, means and adequacy of exit in case of fire from mental and penal institutions, facilities for the care of children, foster homes, residential facilities for groups, facilities for intermediate care, nursing homes, hospitals, schools, all buildings, except private residences, which are occupied for sleeping purposes, buildings used for public assembly and all other buildings where large numbers of persons work, live or congregate for any purpose. As used in this paragraph, public assembly means a building or a portion of a building used for the gathering together of 50 or more persons for purposes of deliberation, education, instruction, worship, entertainment, amusement or awaiting transportation, or the gathering together of 100 or more persons in establishments for drinking or dining.
(d) The suppression and punishment of arson and fraudulent claims or practices in connection with fire losses.
(e) The maintenance and testing of:
(1) Fire dampers, smoke dampers and combination fire and smoke dampers; and
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(2) Smoke control systems.
Κ Except as otherwise provided in subsection 12, the regulations of the State Fire Marshal apply throughout the State, but except with respect to state-owned or state-occupied buildings, the State Fire Marshals authority to enforce them or conduct investigations under this chapter does not extend to a school district except as otherwise provided in NRS 393.110, or a county whose population is 100,000 or more or which has been converted into a consolidated municipality, except in those local jurisdictions in those counties where the State Fire Marshal is requested to exercise that authority by the chief officer of the organized fire department of that jurisdiction or except as otherwise provided in a regulation adopted pursuant to paragraph (b) of subsection 2.
2. The State Fire Marshal may:
(a) Set standards for equipment and appliances pertaining to fire safety or to be used for fire protection within this State, including the threads used on fire hose couplings and hydrant fittings; and
(b) Adopt regulations based on nationally recognized standards setting forth the requirements for fire departments to provide training to firefighters using techniques or exercises that involve the use of fire or any device that produces or may be used to produce fire.
3. The State Fire Marshal shall cooperate with the State Forester Firewarden in [the preparation of regulations relating to standards for fire retardant roofing materials pursuant to paragraph (e) of subsection 1 of NRS 472.040 and] the mitigation of the risk of a fire hazard from vegetation in [counties within or partially within the Lake Tahoe Basin and the Lake Mead Basin.] this State pursuant to paragraph (g) of subsection 1 of NRS 472.040.
4. The State Fire Marshal shall cooperate with the Division of Child and Family Services of the Department of Health and Human Services in establishing reasonable minimum standards for overseeing the safety of and directing the means and adequacy of exit in case of fire from foster homes.
5. The State Fire Marshal shall coordinate all activities conducted pursuant to 15 U.S.C. §§ 2201 et seq. and receive and distribute money allocated by the United States pursuant to that act.
6. Except as otherwise provided in subsection 10, the State Fire Marshal shall:
(a) Investigate any fire which occurs in a county other than one whose population is 100,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature.
(b) Investigate any fire which occurs in a county whose population is 100,000 or more or which has been converted into a consolidated municipality, and from which a death results or which is of a suspicious nature, if requested to do so by the chief officer of the fire department in whose jurisdiction the fire occurs.
(c) Cooperate with the Commissioner of Insurance, the Attorney General and the Fraud Control Unit established pursuant to NRS 228.412 in any investigation of a fraudulent claim under an insurance policy for any fire of a suspicious nature.
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(d) Cooperate with any local fire department in the investigation of any report received pursuant to NRS 629.045.
(e) Provide specialized training in investigating the causes of fires if requested to do so by the chief officer of an organized fire department.
7. The State Fire Marshal shall put the National Fire Incident Reporting System into effect throughout the State and publish at least annually a summary of data collected under the System.
8. The State Fire Marshal shall provide assistance and materials to local authorities, upon request, for the establishment of programs for public education and other fire prevention activities.
9. The State Fire Marshal shall:
(a) Except as otherwise provided in subsection 12 and NRS 393.110, assist in checking plans and specifications for construction;
(b) Provide specialized training to local fire departments; and
(c) Assist local governments in drafting regulations and ordinances,
Κ on request or as the State Fire Marshal deems necessary.
10. Except as otherwise provided in this subsection, in a county other than one whose population is 100,000 or more or which has been converted into a consolidated municipality, the State Fire Marshal shall, upon request by a local government, delegate to the local government by interlocal agreement all or a portion of the State Fire Marshals authority or duties if the local governments personnel and programs are, as determined by the State Fire Marshal, equally qualified to perform those functions. If a local government fails to maintain the qualified personnel and programs in accordance with such an agreement, the State Fire Marshal shall revoke the agreement. The provisions of this subsection do not apply to the authority of the State Fire Marshal to adopt regulations pursuant to paragraph (b) of subsection 2.
11. The State Fire Marshal may, as a public safety officer or as a technical expert on issues relating to hazardous materials, participate in any local, state or federal team or task force that is established to conduct enforcement and interdiction activities involving:
(a) Commercial trucking;
(b) Environmental crimes;
(c) Explosives and pyrotechnics;
(d) Drugs or other controlled substances; or
(e) Any similar activity specified by the State Fire Marshal.
12. Except as otherwise provided in this subsection, any regulations of the State Fire Marshal concerning matters relating to building codes, including, without limitation, matters relating to the construction, maintenance or safety of buildings, structures and property in this State:
(a) Do not apply in a county whose population is 700,000 or more which has adopted a code at least as stringent as the International Fire Code , [and] the International Building Code [,] and the International Wildland-Urban Interface Code, published by the International Code Council. To maintain the exemption from the applicability of the regulations of the State Fire Marshal pursuant to this subsection, the code of the county must be at least as stringent as the most recently published edition of the International Fire Code , [and] the International Building Code and the International Wildland-Urban Interface Code within [1 year] 2 years after publication of such an edition.
κ2021 Statutes of Nevada, Page 632 (CHAPTER 145, SB 33)κ
(b) Apply in a county described in paragraph (a) with respect to state-owned or state-occupied buildings or public schools in the county and in those local jurisdictions in the county in which the State Fire Marshal is requested to exercise that authority by the chief executive officer of that jurisdiction. As used in this paragraph, public school has the meaning ascribed to it in NRS 385.007.
Sec. 19. NRS 548.430 is hereby amended to read as follows:
548.430 1. The regulations to be adopted by the Commission under the provisions of NRS 548.410 to 548.435, inclusive, may include:
[1.] (a) Provisions requiring the carrying out of necessary engineering operations, including the construction of terraces, terrace outlets, check dikes, dams, ponds, ditches and other necessary structures.
[2.] (b) Provisions requiring observance of particular methods of cultivation, including contour cultivating, contour furrowing, lister furrowing, sowing, planting, strip cropping, seeding, and planting of lands to water-conserving and erosion-preventing plants, trees and grasses, forestation, and [reforestation.] revegetation.
[3.] (c) Specifications of cropping programs and tillage practices to be observed.
[4.] (d) Provisions requiring the retirement from cultivation of highly erosive areas or of areas on which erosion may not be adequately controlled if cultivation is carried on.
[5.] (e) Provisions for such other means, measures, operations, and programs as may assist conservation of renewable natural resources and prevent or control soil erosion and sedimentation in the conservation district, having due regard to the legislative findings set forth in NRS 548.095 to 548.113, inclusive.
2. As used in this section, revegetation has the meaning ascribed to it in NRS 528.097.
Sec. 20. (Deleted by amendment.)
Sec. 21. NRS 472.041, 472.100 and 472.105 are hereby repealed.
Sec. 22. This act becomes effective upon passage and approval.
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