[Rev. 9/10/2021 11:33:31 AM]
κ2021 Statutes of Nevada, Page 1755κ
Senate Bill No. 406Committee on Finance
CHAPTER 304
[Approved: June 2, 2021]
AN ACT relating to wildlife; revising provisions governing the Wildlife Trust Fund; authorizing a tag to be in an electronic format under certain circumstances; revising the requirements for an annual resident specialty combination hunting and fishing license; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Department of Wildlife to establish the Wildlife Trust Fund and authorizes the Department to accept gifts, donations, bequests or devises from any private source for deposit in the Wildlife Trust Fund. (NRS 501.3585) Existing law authorizes a state agency, with certain exceptions, to accept a gift or grant of property or services that is not included in an act of the Legislature authorizing the expenditure of nonappropriated money if the gift or grant is approved by the Governor or the Interim Finance Committee, as applicable. One of the exceptions from the requirement for such approval by the Interim Finance Committee is the acceptance by a state agency of a gift or grant from a private source that does not exceed $20,000 in value. (NRS 353.335) Section 6.5 of this bill exempts from any requirement for approval the first $250,000 received by the Department of Wildlife as a gift, donation, bequest or devise, or combination thereof, from a private source for any one unanticipated emergency event. Section 1.5 of this bill defines an unanticipated emergency event as: (1) the unanticipated spread of a communicable disease among wildlife in this State; (2) drought conditions in this State that the Department determines to be extreme; (3) a wildfire or the rehabilitation efforts related to a wildfire; or (4) any other similar unanticipated event that puts wildlife, wildlife habitat or human life at risk. Section 1.5 requires the Director of the Department or his or her designee, as soon as practicable after receiving any gift, donation, bequest or devise from a private source for an unanticipated emergency event that is exempt from the requirement for approval, to submit a report regarding the gift, donation, bequest or devise to the Board of Wildlife Commissioners and the Interim Finance Committee. The approval procedure that existing law requires for gifts of $20,000 or more in value which are made to state agencies by private sources applies to the acceptance by the Department of: (1) gifts, donations, bequests or devises of $20,000 or more in value that are received from a private source for an unanticipated emergency event and are in excess of the first $250,000 received from a private source as a gift, donation, bequest or devise, or combination thereof, for that event; and (2) gifts, donations, bequests or devises of $20,000 or more in value that are received from a private source and which are not for an unanticipated emergency event. (NRS 353.335)
Existing law requires the Department of Wildlife to designate the form of a tag for certain species of wildlife. (NRS 502.160) Existing law also requires a tag to be attached to a species of wildlife before the holder of a tag takes possession of the species. (NRS 502.150) Section 4 of this bill requires that the Department designate a paper or electronic form for a tag. Section 3 of this bill provides that an electronic tag must be validated before the holder of the tag transports the species of wildlife. Sections 2 and 5 of this bill make conforming changes relating to electronic tags and validating electronic tags.
Existing law requires the Department to issue an annual resident specialty combination hunting and fishing license to any person 65 years of age or older who has continuously resided in this State for a period of 5 years immediately preceding the date of the application for the license. (NRS 502.240) Section 6 of this bill removes the requirement that such a person have continuously resided in the State for the 5 years immediately preceding the date of the application.
κ2021 Statutes of Nevada, Page 1756 (CHAPTER 304, SB 406)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. 1.5. NRS 501.3585 is hereby amended to read as follows:
501.3585 1. The Department shall establish the Wildlife Trust Fund. The Department may accept any gift, donation, bequest or devise from any private source for deposit in the Wildlife Trust Fund. [Any money received is private money and not state money.] All money must be accounted for in the Wildlife Trust Fund.
2. As soon as practicable after receiving any gift, donation, bequest or devise for an unanticipated emergency event from any private source pursuant to subsection 1 that is exempt from the provisions of NRS 353.335 pursuant to paragraph (d) of subsection 6 of NRS 353.335, the Director or the Directors designee shall submit to the Commission and the Interim Finance Committee a report which states:
(a) The unanticipated emergency event for which the gift, donation, bequest or devise was received;
(b) The amount of the gift, donation, bequest or devise;
(c) The amount of the gift, donation, bequest or devise that was expended for the unanticipated emergency event; and
(d) The private source from which the gift, donation, bequest or devise was received.
3. All of the money in the Wildlife Trust Fund must be deposited in a financial institution to draw interest or to be expended, invested and reinvested pursuant to the specific instructions of the donor, or if no such specific instructions exist, in the sound discretion of the Director. The provisions of NRS 356.011 apply to any accounts in financial institutions maintained pursuant to this section.
[3.] 4. The money in the Wildlife Trust Fund must be budgeted and expended, within any limitations which may have been specified by particular donors, at the discretion of the Director. The Director may authorize independent contractors that may be funded in whole or in part from the money in the Wildlife Trust Fund.
[4.] 5. The Director or the Directors designee shall annually post on the Internet website maintained by the Department a statement setting forth the investment and expenditure of the money in the Wildlife Trust Fund.
[5.] 6. A separate statement concerning the anticipated amount and proposed expenditures of the money in the Wildlife Trust Fund must be submitted to the Director of the Office of Finance for his or her information at the same time and for the same fiscal years as the requested budget of the Department submitted to the Chief of the Budget Division of the Office of Finance pursuant to NRS 353.210. The statement must be attached to the requested budget for the Department when the requested budget is submitted to the Fiscal Analysis Division of the Legislative Counsel Bureau pursuant to NRS 353.211.
[6.] 7. The provisions of chapter 333 of NRS do not apply to the expenditure of money in the Wildlife Trust Fund.
8. As used in this section, unanticipated emergency event means:
κ2021 Statutes of Nevada, Page 1757 (CHAPTER 304, SB 406)κ
(a) The unanticipated spread of a communicable disease among wildlife in this State;
(b) Drought conditions in this State that the Department determines to be extreme;
(c) A wildfire or the rehabilitation efforts related to a wildfire; or
(d) Any other similar unanticipated event that puts wildlife, wildlife habitat or human life at risk.
Sec. 2. NRS 502.147 is hereby amended to read as follows:
502.147 1. The Department shall make available restricted nonresident deer tags in an amount not to exceed the amount set forth in this section. If the number of persons who apply for restricted nonresident deer tags is greater than the number of tags to be issued, the Department shall conduct a drawing to determine the persons to whom to issue the tags.
2. The number of restricted nonresident deer tags must:
(a) Be subtracted from the quota of rifle deer tags for nonresidents; and
(b) Not exceed 16 percent of the deer tags issued to nonresidents during the previous year or 400 tags, whichever is greater.
3. The number of restricted nonresident deer tags issued for any management area or unit must not exceed 37.5 percent, rounded to the nearest whole number, of the rifle deer tags issued to nonresidents during the previous year for that management area or unit.
4. The Department shall [mail] provide the tags to the successful applicants [.] by mail or electronically, if the applicant elects to receive the tag in an electronic form.
Sec. 3. NRS 502.150 is hereby amended to read as follows:
502.150 1. Whenever tags are required for any species of wildlife, it is unlawful to have any of that species in possession without the correct tag . [attached thereto and such possession] Before transporting any species of wildlife, or parts thereof, for which a tag is required, the holder of:
(a) A paper tag must attach the tag to the animal; or
(b) An electronic tag must validate the tag in accordance with the regulations adopted by the Commission pursuant to NRS 502.160.
Κ Possession of any species of wildlife, or parts thereof, for which a tag is required without an attached or validated tag , as applicable, is prima facie evidence that the game is illegally taken and possessed.
2. It is unlawful to remove any tag from any wildlife for reuse or to be in possession of excess tags or used tags.
3. Whenever tags are required for any species of fur-bearing mammal, possession of a pelt of that species without the tag attached thereto or validated, as applicable, is prima facie evidence that such pelt is illegally taken and possessed.
Sec. 4. NRS 502.160 is hereby amended to read as follows:
502.160 1. The Department shall designate the [form] electronic and paper forms of the tag, requiring such numbering or other manner of identification as is necessary to designate the name or hunting license number of the person to whom it is issued. Each tag must show the game for which it may be used, the year and, whenever necessary, the management area in which it may be used.
2. The Commission may adopt any regulations necessary relative to the manner of qualifying and applying for, using, completing, attaching, filling out, punching, inspecting, validating or reporting such tags. It is unlawful for any person to fail to abide by any such regulation.
κ2021 Statutes of Nevada, Page 1758 (CHAPTER 304, SB 406)κ
Sec. 5. NRS 502.215 is hereby amended to read as follows:
502.215 1. If any person who possesses a tag to hunt a big game mammal kills an animal that is believed to be diseased and unfit for human consumption, the person shall place his or her tag on the carcass [in the manner provided by law or regulation] or validate the tag in accordance with NRS 502.150 and any regulations adopted by the Commission pursuant to NRS 502.160 and provide the whole carcass for inspection by an authorized representative of the Department or, at the persons own expense, by a veterinarian licensed to practice in Nevada. Except as otherwise provided in this subsection, the holder of the tag who provides the carcass for such an inspection is entitled, if the carcass is diseased and unfit for human consumption, to receive at no charge another tag as a replacement for the [one the holder placed on the carcass pursuant to this subsection.] carcass determined to be diseased and unfit for consumption. The holder shall choose whether the replacement tag is to be issued for the current hunting season or for the next similar season in the following year. If the holder chooses to retain the head, antlers, carcass, horns or hide of the animal, and the authorized representative of the Department approves the retention, the holder shall be deemed to waive any claim the holder may have had for the issuance of a replacement tag.
2. A replacement tag issued pursuant to subsection 1 for the current hunting season is valid for:
(a) The entire remaining portion of the season for which the original tag was issued; or
(b) If the original tag was issued for a period of a split season, the entire remaining portion of the period for which the original tag was issued or the entire following period, if any.
3. A replacement tag issued pursuant to subsection 1 must be:
(a) Issued for the same unit for which the original tag was issued.
(b) Used in the same manner as or pursuant to the same conditions or restrictions applicable to the original tag.
4. The Commission shall adopt by regulation:
(a) A procedure for the inspection and verification of the condition of such a carcass;
(b) Requirements for the disposal of such a carcass if it is determined to be diseased and unfit for human consumption;
(c) Requirements for the disposition of the hide and the antlers or horns of the animal; and
(d) Except as otherwise provided in subsection 2, a procedure for the issuance of a replacement tag pursuant to this section.
5. For the purposes of this section, split season means a season which is divided into two or more periods.
Sec. 6. NRS 502.240 is hereby amended to read as follows:
502.240 1. The Department shall issue:
(a) Resident licenses and limited permits pursuant to this section to any person who is a resident of this State pursuant to NRS 502.015.
(b) Nonresident licenses and limited permits pursuant to this section to any person who does not qualify as a resident of this State pursuant to NRS 502.015.
2. Except as otherwise provided in NRS 504.390, the Department shall issue a license or permit to any person who is 18 years or older upon the payment of the following fee for:
κ2021 Statutes of Nevada, Page 1759 (CHAPTER 304, SB 406)κ
A resident annual fishing license................................................................................................................. $40
A resident 1-day permit to fish......................................................................................................................... 9
Each consecutive day added to a resident 1-day permit to fish.................................................................. 3
A resident annual hunting license.................................................................................................................. 38
A resident annual combination hunting and fishing license...................................................................... 75
A resident trapping license.............................................................................................................................. 40
A resident fur dealers license........................................................................................................................ 63
A resident master guides license................................................................................................................ 750
A resident subguides license....................................................................................................................... 125
A nonresident annual fishing license............................................................................................................. 80
A nonresident annual license to fish solely in the reciprocal waters of the Colorado River, Lake Mead, Lake Mojave, Lake Tahoe and Topaz Lake.............................................................................. 30
A nonresident 1-day permit to fish................................................................................................................ 18
Each consecutive day added to a nonresident 1-day permit to fish............................................................ 7
A nonresident annual combination hunting and fishing license............................................................. 155
A nonresident trapping license..................................................................................................................... 188
A nonresident fur dealers license............................................................................................................... 125
A nonresident master guides license...................................................................................................... 1,500
A nonresident subguides license................................................................................................................ 250
A nonresident 1-day combination permit to fish and hunt upland game birds and migratory game birds.............................................................................................................................................................. 23
Each consecutive day added to a nonresident 1-day combination permit to fish and hunt upland game birds and migratory game birds....................................................................................................... 8
3. The Department shall issue a license to any person who is at least 12 years of age but less than 18 years of age upon payment of the following fee for:
A resident youth combination hunting and fishing license..................................................................... $15
A resident youth trapping license................................................................................................................... 15
A nonresident youth combination hunting and fishing license................................................................. 15
4. Except as otherwise provided in subsection 5, the Department shall issue an annual resident specialty combination hunting and fishing license pursuant to this chapter upon satisfactory proof of the requisite facts and the payment of a fee of $15 to:
(a) Any person who has been considered to be a resident of this State pursuant to NRS 502.015 [continuously for the 5 years] immediately preceding the date of application for the license and is 65 years of age or older.
(b) Any person who is a resident of this State pursuant to NRS 502.015 and who has a severe physical disability.
(c) Any person who is a resident of this State pursuant to NRS 502.015 and who has incurred a service-connected disability specified in NRS 502.072.
κ2021 Statutes of Nevada, Page 1760 (CHAPTER 304, SB 406)κ
5. The Department shall issue an annual resident specialty combination hunting and fishing license pursuant to this chapter upon satisfactory proof of the requisite facts and the payment of a fee of $10 to any resident Native American of this State pursuant to NRS 502.280.
6. The Department shall issue to any person, without regard to residence, upon the payment of a fee of:
For a noncommercial license for the possession of live wildlife........................................................... $15
For a commercial or private shooting preserve......................................................................................... 125
For a commercial license for the possession of live wildlife.................................................................. 500
For a live bait dealers permit......................................................................................................................... 44
For a competitive field trials permit.............................................................................................................. 31
For a permit to train dogs or falcons............................................................................................................. 15
For a 1-year falconry license.......................................................................................................................... 38
For a 3-year falconry license.......................................................................................................................... 94
For an importation permit................................................................................................................................ 15
For an import eligibility permit...................................................................................................................... 31
For an exportation permit................................................................................................................................ 15
For any other special permit issued by the Department, a fee not to exceed the highest fee established for any other special permit set by the Commission.
7. As used in this section, severe physical disability means a physical disability which materially limits a persons ability to engage in gainful employment.
Sec. 6.5. NRS 353.335 is hereby amended to read as follows:
353.335 1. Except as otherwise provided in subsections 5 and 6, a state agency may accept any gift or grant of property or services from any source only if it is included in an act of the Legislature authorizing expenditures of nonappropriated money or, when it is not so included, if it is approved as provided in subsection 2.
2. If:
(a) Any proposed gift or grant is necessary because of an emergency as defined in NRS 353.263 or for the protection or preservation of life or property, the Governor shall take reasonable and proper action to accept it and shall report the action and his or her reasons for determining that immediate action was necessary to the Interim Finance Committee at its first meeting after the action is taken. Action by the Governor pursuant to this paragraph constitutes acceptance of the gift or grant, and other provisions of this chapter requiring approval before acceptance do not apply.
(b) The Governor determines that any proposed gift or grant would be forfeited if the State failed to accept it before the expiration of the period prescribed in paragraph (c), the Governor may declare that the proposed acceptance requires expeditious action by the Interim Finance Committee. Whenever the Governor so declares, the Interim Finance Committee has 15 days after the proposal is submitted to its Secretary within which to approve or deny the acceptance. Any proposed acceptance which is not considered within the 15-day period shall be deemed approved.
(c) The proposed acceptance of any gift or grant does not qualify pursuant to paragraph (a) or (b), it must be submitted to the Interim Finance Committee. The Interim Finance Committee has 45 days after the proposal is submitted to its Secretary within which to consider acceptance.
κ2021 Statutes of Nevada, Page 1761 (CHAPTER 304, SB 406)κ
submitted to its Secretary within which to consider acceptance. Any proposed acceptance which is not considered within the 45-day period shall be deemed approved.
3. The Secretary shall place each request submitted to the Secretary pursuant to paragraph (b) or (c) of subsection 2 on the agenda of the next meeting of the Interim Finance Committee.
4. In acting upon a proposed gift or grant, the Interim Finance Committee shall consider, among other things:
(a) The need for the facility or service to be provided or improved;
(b) Any present or future commitment required of the State;
(c) The extent of the program proposed; and
(d) The condition of the national economy, and any related fiscal or monetary policies.
5. A state agency may accept:
(a) Gifts, including grants from nongovernmental sources, not exceeding $20,000 each in value; and
(b) Governmental grants not exceeding $150,000 each in value,
Κ if the gifts or grants are used for purposes which do not involve the hiring of new employees and if the agency has the specific approval of the Governor or, if the Governor delegates this power of approval to the Chief of the Budget Division of the Office of Finance, the specific approval of the Chief.
6. This section does not apply to:
(a) The Nevada System of Higher Education;
(b) The Department of Health and Human Services while acting as the state health planning and development agency pursuant to paragraph (d) of subsection 2 of NRS 439A.081 or for donations, gifts or grants to be disbursed pursuant to NRS 433.395 or 435.490; [or]
(c) Artifacts donated to the Department of Tourism and Cultural Affairs [.] ; or
(d) The initial $250,000 received by the Department of Wildlife pursuant to subsection 1 of NRS 501.3585 as a gift, donation, bequest or devise, or combination thereof, for an unanticipated emergency event, as defined in NRS 501.3585.
Secs. 7 and 8. (Deleted by amendment.)
Sec. 9. 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. 10. This act becomes effective on July 1, 2021.
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κ2021 Statutes of Nevada, Page 1762κ
Senate Bill No. 245Senator Lange
CHAPTER 305
[Approved: June 3, 2021]
AN ACT relating to employment; establishing provisions governing the exercise of jurisdiction by the Labor Commissioner over certain claims and complaints that arise under certain collective bargaining agreements; establishing a private right of action for certain claims for unpaid wages upon termination; prohibiting the Labor Commissioner from exercising jurisdiction of such claims under certain circumstances; revising the definition of wages to include amounts due to certain former employees by employers who fail to pay certain wages within the periods required by law; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Labor Commissioner is required to enforce all the labor laws of this State. (NRS 607.160) This includes laws governing the payment of wages, commissions and other benefits. (NRS 607.170, 608.180) Section 1 of this bill provides, with certain exceptions, that if a person who files a complaint with the Labor Commissioner is covered by a collective bargaining agreement that provides the claimant with a remedy or other relief for a violation of its terms, the Labor Commissioner is required to decline jurisdiction of the claim or complaint until the remedies, other relief and appeals, if any, provided to the claimant by the terms of the agreement are exhausted. Section 1 requires the Labor Commissioner to take jurisdiction of such a claim or complaint if he or she determines that the remedies or other relief provided to the claimant by the terms of the collective bargaining agreement are inadequate, unavailable or non-binding, and thereafter determine compliance with the labor laws of this State.
Under existing law, whenever an employer discharges an employee, the wages and compensation earned and unpaid at the time of the discharge become due and payable immediately. (NRS 608.020) Whenever an employee resigns or quits his or her employment, the wages and compensation earned and unpaid at the time of the employees resignation or quitting must be paid not later than the day on which the employee would have regularly been paid or 7 days after the employee resigns or quits, whichever is earlier. (NRS 608.030) If the employer fails to pay the wages or compensation earned by the employee within the periods established by statute, the employee is entitled to continue to receive his or her customary compensation until he or she is paid in full or for 30 days, whichever is less. (NRS 608.040) Finally, whenever an employer of labor discharges or lays off an employee who is covered by a contract of employment, including a collective bargaining agreement, without first paying the employee, in cash or its equivalent, the amount of any wages or salary then due under the terms of the contract, the employee is entitled to charge and collect wages in the amount set forth in the contract for each day the employer is in default, until the employee is paid in full, for not more than 30 days. (NRS 608.050) If an employer fails to pay wages, compensation or salary to an employee upon termination as required under existing law, section 1.3 of this bill authorizes the employee to bring a civil action against the employer for up to 2 years after the employers failure. Section 1.3 also prohibits the Labor Commissioner from taking jurisdiction of a claim for unpaid wages upon termination during the pendency of a civil action for the same wages.
Section 1.5 of this bill revises the definition of wages in existing law to include amounts owed to a discharged employee or an employee who resigns or quits and whose former employer fails to pay the employee by the statutory deadlines. (NRS 608.012)
κ2021 Statutes of Nevada, Page 1763 (CHAPTER 305, SB 245)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 607 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, if a claimant is covered by the terms of a collective bargaining agreement that provides the claimant with an exclusive remedy or other relief for a violation of its terms, the Labor Commissioner shall decline to take jurisdiction of the claim or complaint until the remedies, other relief and appeals, if any, provided to the claimant by the terms of the agreement are exhausted.
2. The Labor Commissioner shall take jurisdiction of a claim or complaint described in subsection 1 if the Labor Commissioner determines that the remedies or other relief provided to the claimant by the terms of the collective bargaining agreement are inadequate, unavailable or non-binding.
3. Upon taking jurisdiction pursuant to subsection 2, the Labor Commissioner shall determine compliance with all labor laws of this State, including, without limitation, the provisions of chapter 608 of NRS.
4. As used in this section, claimant means a person who files a claim for wages or other complaint with the Labor Commissioner.
Sec. 1.3. Chapter 608 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If an employer fails to pay wages, compensation or salary to an employee in accordance with the requirements set forth in NRS 608.020 to 608.050, inclusive, the employee may, at any time within 2 years after the employers failure, bring a civil action against the employer.
2. The Labor Commissioner shall not take jurisdiction of a claim for wages during the pendency of a civil action for the same wages brought pursuant to subsection 1.
Sec. 1.5. NRS 608.012 is hereby amended to read as follows:
608.012 Wages means:
1. The amount which an employer agrees to pay an employee for the time the employee has worked, computed in proportion to time; [and]
2. Commissions owed the employee [,] ; and
3. Amounts due to a discharged employee or to an employee who resigns or quits pursuant to NRS 608.040,
Κ but excludes any bonus or arrangement to share profits.
Sec. 2. (Deleted by amendment.)
Sec. 3. This act becomes effective on July 1, 2021.
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κ2021 Statutes of Nevada, Page 1764κ
Senate Bill No. 294Senator Cannizzaro
CHAPTER 306
[Approved: June 3, 2021]
AN ACT relating to local governments; revising provisions relating to collective bargaining between local government employers and employee organizations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, if a local government employer and an employee organization that represents local government employees, other than firefighters, police officers, teachers and educational support personnel, fail to resolve a disputed issue in negotiating a collective bargaining agreement, either party may submit the dispute to an impartial fact finder. Before submitting the dispute to the fact finder, the parties may agree to make the findings and recommendations of the fact finder final and binding. If the parties cannot agree, either party may request the formation of a panel to determine whether the findings and recommendations of the fact finder on certain issues are to be final and binding. (NRS 288.200) Sections 1.5, 2 and 5 of this bill remove or repeal the provisions relating to such panels. Section 4 of this bill makes a conforming change by eliminating the authorization of the expenditure of funds from the Reserve for Statutory Contingency Account in the State General Fund for expenses related to such panels.
Existing law establishes certain procedures and requirements applicable to the fact-finding process in negotiations between local government employers and recognized employee organizations representing firefighters and police officers and between school districts and employee organizations representing teachers and educational support personnel. (NRS 288.205, 288.215, 288.217) Those procedures and requirements differ in certain respects from the procedures and requirements applicable to fact-finding in labor negotiations involving other local government employees. Section 2 of this bill makes changes applicable only to labor disputes other than those involving firefighters, police officers, teachers and educational support personnel. Specifically section 2 provides that unless the parties to the dispute agree to make the findings and recommendations of a fact finder final and binding, either party may submit the findings and recommendations of the fact finder to a second fact finder to serve as an arbitrator and issue a decision which is final and binding on the parties.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 1.5. NRS 288.044 is hereby amended to read as follows:
288.044 Fact-finding means the formal procedure by which an investigation of a labor dispute is conducted by a [person] fact finder at which:
1. Evidence is presented; and
2. A written report is issued by the fact finder describing the issues involved, making findings and setting forth recommendations for settlement which may or may not be binding. [as provided in NRS 288.200.]
κ2021 Statutes of Nevada, Page 1765 (CHAPTER 306, SB 294)κ
Sec. 2. NRS 288.200 is hereby amended to read as follows:
288.200 Except in cases to which NRS 288.205 and 288.215, or NRS 288.217 apply:
1. If:
(a) The parties have failed to reach an agreement after at least six meetings of negotiations; and
(b) The parties have participated in mediation and by April 1, have not reached agreement,
Κ either party to the dispute, at any time after April 1, may submit the dispute to an impartial fact finder for the findings and recommendations of the fact finder. The findings and recommendations of the fact finder are not binding on the parties except as provided in [subsections 5, 6 and 11.] subsection 5. The mediator of a dispute may also be chosen by the parties to serve as the fact finder.
2. If the parties are unable to agree on an impartial fact finder [or a panel of neutral arbitrators] within 5 days, either party may request from the American Arbitration Association or the Federal Mediation and Conciliation Service a list of seven potential fact finders. If the parties are unable to agree upon which arbitration service should be used, the Federal Mediation and Conciliation Service must be used. Within 5 days after receiving a list from the applicable arbitration service, the parties shall select their fact finder from this list by alternately striking one name until the name of only one fact finder remains, who will be the fact finder to hear the dispute in question. The employee organization shall strike the first name.
3. The local government employer and employee organization each shall pay one-half of the cost of fact-finding. Each party shall pay its own costs of preparation and presentation of its case in fact-finding.
4. A schedule of dates and times for the hearing must be established within 10 days after the selection of the fact finder pursuant to subsection 2, and the fact finder shall report the findings and recommendations of the fact finder to the parties to the dispute within 30 days after the conclusion of the fact-finding hearing.
5. The parties to the dispute may agree, before the submission of the dispute to fact-finding, to make the findings and recommendations on all or any specified issues final and binding on the parties.
6. If [the] parties to whom the provisions of NRS 288.215 and 288.217 do not apply do not agree on whether to make the findings and recommendations of the fact finder final and binding, either party may request the [formation of a panel to determine whether] submission of the findings and recommendations of a fact finder on all or any specified issues in a particular dispute which are within the scope of subsection 11 [are to be] to a second fact finder to serve as an arbitrator and issue a decision which is final and binding. [The determination must be made upon the concurrence of at least two members of the panel and not later than the date which is 30 days after the date on which the matter is submitted to the panel, unless that date is extended by the Commissioner of the Board. Each panel shall, when making its determination, consider whether the parties have bargained in good faith and whether it believes the parties can resolve any remaining issues. Any panel may also consider the actions taken by the parties in response to any previous fact-finding between these parties, the best interests of the State and all its citizens, the potential fiscal effect both within and outside the political subdivision, and any danger to the safety of the people of the State or a political subdivision.]
κ2021 Statutes of Nevada, Page 1766 (CHAPTER 306, SB 294)κ
of the State or a political subdivision.] The second fact finder must be selected in the manner provided in subsection 2 and has the powers provided for fact finders in NRS 288.210. The procedures for the arbitration of a dispute prescribed by subsections 8 to 13, inclusive, of NRS 288.215 apply to the submission of a dispute to a second fact finder to serve as an arbitrator pursuant to this subsection.
7. Except as otherwise provided in subsection 10, any fact finder, whether the fact finders recommendations are to be binding or not, shall base such recommendations or award on the following criteria:
(a) A preliminary determination must be made as to the financial ability of the local government employer based on all existing available revenues as established by the local government employer and within the limitations set forth in NRS 354.6241, with due regard for the obligation of the local government employer to provide facilities and services guaranteeing the health, welfare and safety of the people residing within the political subdivision. If the local government employer is a school district, any money appropriated by the State to carry out increases in salaries or benefits for the employees of the school district must be considered by a fact finder in making a preliminary determination.
(b) Once the fact finder has determined in accordance with paragraph (a) that there is a current financial ability to grant monetary benefits, and subject to the provisions of paragraph (c), the fact finder shall consider, to the extent appropriate, compensation of other government employees, both in and out of the State and use normal criteria for interest disputes regarding the terms and provisions to be included in an agreement in assessing the reasonableness of the position of each party as to each issue in dispute and the fact finder shall consider whether the Board found that either party had bargained in bad faith.
(c) A consideration of funding for the current year being negotiated. If the parties mutually agree to arbitrate a multiyear contract, the fact finder must consider the ability to pay over the life of the contract being negotiated or arbitrated.
Κ The fact finders report must contain the facts upon which the fact finder based the fact finders determination of financial ability to grant monetary benefits and the fact finders recommendations or award.
8. Within 45 days after the receipt of the report from the fact finder, the governing body of the local government employer shall hold a public meeting in accordance with the provisions of chapter 241 of NRS. The meeting must include a discussion of:
(a) The issues of the parties submitted pursuant to [subsection 1;] this section;
(b) The report of findings and recommendations of the fact finder; and
(c) The overall fiscal impact of the findings and recommendations, which must not include a discussion of the details of the report.
Κ The fact finder must not be asked to discuss the decision during the meeting.
9. The chief executive officer of the local government shall report to the local government the fiscal impact of the findings and recommendations. The report must include, without limitation, an analysis of the impact of the findings and recommendations on compensation and reimbursement, funding, benefits, hours, working conditions or other terms and conditions of employment.
κ2021 Statutes of Nevada, Page 1767 (CHAPTER 306, SB 294)κ
10. Any sum of money which is maintained in a fund whose balance is required by law to be:
(a) Used only for a specific purpose other than the payment of compensation to the bargaining unit affected; or
(b) Carried forward to the succeeding fiscal year in any designated amount, to the extent of that amount,
Κ must not be counted in determining the financial ability of a local government employer and must not be used to pay any monetary benefits recommended or awarded by the fact finder.
11. The issues which may be included in a recommendation or award by a [panels order pursuant to subsection 6] fact finder are:
(a) Those enumerated in subsection 2 of NRS 288.150 as the subjects of mandatory bargaining, unless precluded for that year by an existing collective bargaining agreement between the parties; and
(b) Those which an existing collective bargaining agreement between the parties makes subject to negotiation in that year.
Κ This subsection does not preclude the voluntary submission of other issues by the parties pursuant to subsection 5.
12. Except for the period prescribed by subsection 8, any time limit prescribed by this section may be extended by agreement of the parties.
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 353.264 is hereby amended to read as follows:
353.264 1. The Reserve for Statutory Contingency Account is hereby created in the State General Fund.
2. The State Board of Examiners shall administer the Reserve for Statutory Contingency Account. The money in the Account must be expended only for:
(a) The payment of claims which are obligations of the State pursuant to NRS 41.03435, 41.0347, 62I.025, 176.485, 179.310, 212.040, 212.050, 212.070, 281.174, 282.290, 282.315, [288.203,] 293.253, 293.405, 353.120, 353.262, 412.154 and 475.235;
(b) The payment of claims which are obligations of the State pursuant to:
(1) Chapter 472 of NRS arising from operations of the Division of Forestry of the State Department of Conservation and Natural Resources directly involving the protection of life and property; and
(2) NRS 7.155, 34.750, 176A.640, 179.225 and 213.153,
Κ except that claims may be approved for the respective purposes listed in this paragraph only when the money otherwise appropriated for those purposes has been exhausted;
(c) The payment of claims which are obligations of the State pursuant to NRS 41.0349 and 41.037, but only to the extent that the money in the Fund for Insurance Premiums is insufficient to pay the claims;
(d) The payment of claims which are obligations of the State pursuant to NRS 41.950; and
(e) The payment of claims which are obligations of the State pursuant to NRS 535.030 arising from remedial actions taken by the State Engineer when the condition of a dam becomes dangerous to the safety of life or property.
3. The State Board of Examiners may authorize its Clerk or a person designated by the Clerk, under such circumstances as it deems appropriate, to approve, on behalf of the Board, the payment of claims from the Reserve for Statutory Contingency Account. For the purpose of exercising any authority granted to the Clerk of the State Board of Examiners or to the person designated by the Clerk pursuant to this subsection, any statutory reference to the State Board of Examiners relating to such a claim shall be deemed to refer to the Clerk of the Board or the person designated by the Clerk.
κ2021 Statutes of Nevada, Page 1768 (CHAPTER 306, SB 294)κ
granted to the Clerk of the State Board of Examiners or to the person designated by the Clerk pursuant to this subsection, any statutory reference to the State Board of Examiners relating to such a claim shall be deemed to refer to the Clerk of the Board or the person designated by the Clerk.
Sec. 5. NRS 288.201, 288.202 and 288.203 are hereby repealed.
Sec. 6. This act becomes effective on July 1, 2021.
________
Assembly Bill No. 257Assemblywoman Martinez
CHAPTER 307
[Approved: June 3, 2021]
AN ACT relating to school property; requiring the board of trustees of a school district or the governing body of a charter school to assess and improve certain ventilation and filtration systems of a school to the extent that money is available; establishing requirements for such assessments and improvements; requiring certain personnel to complete an assessment report; requiring the board of trustees of a school district or the governing body of a charter school to prepare a report; requiring certain local educational agencies to include certain information in an addendum to a plan to return to in-person instruction; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 6 of this bill requires the board of trustees of a school district or governing body of a charter school, to the extent that money is available, to assess the status of and make improvements to the ventilation and filtration systems of a school and ensure that the systems are performing adequately and efficiently. Sections 7-10 of this bill set forth the requirements for qualified adjusting personnel or qualified testing personnel to assess and perform updates to: (1) a filtration system of a school; (2) the ventilation rates of a school; (3) the heating, ventilation and air-conditioning system of a school; and (4) the carbon dioxide monitors in a school, respectively. Sections 7-10 generally require such systems, rates and monitors to meet certain standards. Section 10.5 of this bill sets forth requirements for an assessment of a school with a limited or no ventilation system. Section 11 of this bill requires qualified adjusting personnel or qualified testing personnel to prepare an assessment report including certain information relating to the assessments conducted pursuant to sections 7-10.5. Section 12 of this bill requires the board of trustees of a school district or the governing body of a charter school to complete a report on the work performed by qualified adjusting personnel or qualified testing personnel pursuant to sections 7-10.5 and make the report available to the Office of Energy and the public upon request. Existing federal law requires a local educational agency that receives certain federal money to develop a plan for the safe return to in-person instruction and continuity of services. (American Rescue Plan Act of 2021, Pub. L. No. 117-2, § 2001(i)) Section 13.5 of this bill requires a local educational agency to prepare an addendum to such a plan that describes how the local educational agency will ensure a public school is equipped with functional ventilation systems.
κ2021 Statutes of Nevada, Page 1769 (CHAPTER 307, AB 257)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 393 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13.5, inclusive, of this act.
Sec. 2. As used in sections 2 to 13.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 5, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Apprenticeship program means an apprenticeship program recognized by the State Apprenticeship Council created by NRS 610.030.
Sec. 3.5. Minimum efficiency reporting value means the minimum efficiency reporting value established by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, or its successor organization.
Sec. 4. Qualified adjusting personnel means a:
1. Technician certified to test, adjust and balance heating, ventilation and air-conditioning systems through a program accredited by the Associated Air Balance Council, the National Environmental Balancing Bureau or the Testing, Adjusting and Balancing Bureau, or their successor organizations; or
2. Skilled and trained workforce under the supervision of a technician certified to test, adjust and balance heating, ventilation and air-conditioning systems through a program accredited by the Associated Air Balance Council, the National Environmental Balancing Bureau or the Testing, Adjusting and Balancing Bureau, or their successor organizations.
Sec. 4.5. Qualified testing personnel means:
1. A technician certified to test, adjust and balance heating, ventilation and air-conditioning systems through a program accredited by the Associated Air Balance Council, the National Environmental Balancing Bureau or the Testing, Adjusting and Balancing Bureau, or their successor organizations; or
2. A person certified to perform ventilation assessments of heating, ventilation and air-conditioning systems through a program accredited by the American National Standards Institute.
Sec. 5. Skilled and trained workforce means a workforce not less than 60 percent of which is composed of graduates of an apprenticeship program.
Sec. 5.5. The Legislature hereby finds and declares that:
1. Studies have found that:
(a) Approximately 41 percent of the school districts in the United States need to update or replace the heating, ventilation and air-conditioning systems in at least half of their schools;
(b) Most heating, ventilation and air-conditioning systems are improperly installed;
(c) Most classrooms fail to meet minimum standards for ventilation rates;
κ2021 Statutes of Nevada, Page 1770 (CHAPTER 307, AB 257)κ
(d) Many of the problems with heating, ventilation and air-conditioning systems are linked to the use of inadequately trained personnel to install, test, adjust and balance heating, ventilation and air-conditioning systems; and
(e) Improved rates of ventilation and reduced carbon dioxide concentrations can increase pupil performance.
2. Ventilation systems that are not properly installed, inadequate, inefficient or poorly maintained can significantly increase costs to a public school.
3. Ventilation systems should operate as efficiently as possible and inspections and repairs should be performed by qualified personnel.
4. In addition to increasing the risk of infectious, airborne diseases, inadequate ventilation systems in public schools negatively impact the health and learning of pupils.
5. Improving indoor air quality in public schools may protect the health of pupils and school staff, improve attendance, improve pupil performance, reduce the risk of infectious, airborne diseases and save energy.
6. Public schools should have functioning ventilation systems that meet or exceed recommended health and safety standards for classrooms.
7. Consistent, statewide standards are necessary to protect the health and safety of pupils, the ability of pupils to learn effectively and the health and safety of school staff in this State.
Sec. 6. 1. To the extent that money is available, the board of trustees of a school district or the governing body of a charter school shall ensure that each school in the school district or the charter school, as applicable, is equipped with functional ventilation systems that are tested, adjusted and, if necessary or cost-effective, repaired, upgraded or replaced to increase efficiency and performance. Money shall be considered available if the board of trustees of a school district or the governing body of a charter school:
(a) Receives state or federal money and allocates such money to equip a public school with functional ventilation systems or improve ventilation systems or indoor air quality in a public school; or
(b) As a condition of receiving state or federal money, is required to ensure a public school is equipped with functional ventilation systems or improve ventilation systems or indoor air quality in a public school.
2. The board of trustees of a school district or the governing body of a charter school that ensures a public school is equipped with functional ventilation systems pursuant to this section shall employ qualified adjusting personnel or qualified testing personnel to assess the status of and make any necessary improvements to the:
(a) Filtration system of the school in accordance with the provisions of section 7 of this act;
(b) Ventilation rates of the school in accordance with the provisions of section 8 of this act;
(c) Heating, ventilation and air-conditioning system of the school in accordance with the provisions of section 9 of this act; and
κ2021 Statutes of Nevada, Page 1771 (CHAPTER 307, AB 257)κ
(d) Carbon dioxide monitors at the school in accordance with the provisions of section 10 of this act.
3. The board of trustees of a school district or the governing body of a charter school that ensures a public school is equipped with functional ventilation systems pursuant to this section shall perform any work required to meet the minimum requirements for ventilation and filtration established by sections 2 to 13.5, inclusive, of this act, up to an estimated cost of not more than $200,000. The board of trustees of a school district or the governing body of a charter school may perform any additional recommended work that exceeds an estimated cost of $200,000.
Sec. 7. In assessing a filtration system of a school pursuant to section 6 of this act, qualified adjusting personnel or qualified testing personnel, as applicable, shall:
1. Review the capacity and airflow of the filtration system to determine the type of filters with the best minimum efficiency reporting value based on industry standards that can be installed without adversely impacting the filtration system;
2. Ensure that the filters used in the filtration system are of the type determined pursuant to subsection 1 with the best possible minimum efficiency reporting value;
3. Ensure that the filters are properly installed and replace or upgrade the filters as needed;
4. If a filtration system uses ultraviolet germicidal irradiation to disinfect air, ensure that the ultraviolet bulb is operating properly and does not shine on the filters, and replace the ultraviolet bulbs as needed;
5. If a filtration system uses an economizer, test and repair the economizer dampers; and
6. Recommend any additional maintenance, replacements or upgrades to improve the overall performance of the filtration system.
Sec. 8. 1. In assessing the ventilation rates of a school pursuant to section 6 of this act, qualified adjusting personnel or qualified testing personnel, as applicable, shall:
(a) Ensure that the ventilation rates in each room of the facility that is routinely occupied meet the minimum requirements for ventilation rates set forth in the Uniform Mechanical Code;
(b) Calculate the required minimum outside air ventilation rates for each room of the facility that is routinely occupied based on the maximum anticipated rate of occupancy and the minimum required ventilation rate per occupant in accordance with the Uniform Mechanical Code;
(c) Ensure that the minimum outside air ventilation rates meet the required minimum rate calculated pursuant to paragraph (b);
(d) If the minimum outside air ventilation rates do not meet the required minimum rate calculated pursuant to paragraph (b):
(1) Determine whether additional ventilation can be provided without adversely impacting the performance of the filtration system or the environmental quality of the building; and
(2) If additional ventilation can be provided, adjust the ventilation rates to meet the required minimum rate;
κ2021 Statutes of Nevada, Page 1772 (CHAPTER 307, AB 257)κ
(e) If the minimum outside air ventilation rate cannot be met after adjusting the ventilation rates pursuant to paragraph (d), explain why the rate cannot be met;
(f) Conduct survey readings of the inlets and outlets to:
(1) Ensure that ventilation is reaching the served zone and is adequately distributed;
(2) Ensure that the inlets and outlets are balanced to be tolerated by the design of the filtration system;
(3) Document read values and deficiencies; and
(4) If the original values of the design of the filtration system for inlets and outlets of the filtration system are not available, document the available information and note the unavailability of the original values;
(g) Ensure that there is a positive pressure differential between the building and the outdoors, that the building is not overly pressurized and that rooms designated for temporary occupation by sick pupils or staff maintain a negative pressure differential or a pressure differential otherwise set forth by the applicable industry standards;
(h) Ensure that the coil velocities and the coil and unit discharge air temperatures maintain the desired indoor conditions and avoid moisture carryover from the cooling coils;
(i) Ensure that the separation between the outdoor air intakes and the exhaust discharge outlets is in accordance with the Uniform Mechanical Code;
(j) Verify that the air handling unit is bringing in outdoor air and removing exhaust air as intended by the design of the filtration system;
(k) Measure the air volume for the exhaust fans and document any discrepancies in volume between the measurements and the original volume of the design of the filtration system;
(l) Verify that the coil condition, condensate drainage, air temperature differentials of the cooling coils, operation of the heat exchangers and drive assembly meet applicable industry standards;
(m) Review the control sequences to verify that the systems will maintain the intended ventilation, temperature and humidity during school operation;
(n) Verify that daily flushes are scheduled in accordance with the standards set forth by the American National Standards Institute and the American Society of Heating, Refrigerating and Air-Conditioning Engineers and any applicable local or state guidance; and
(o) Ensure that the operation times and set points of the heating, ventilation and air-conditioning system and exhaust fans are in accordance with any applicable guidance set forth by the American National Standards Institute and the American Society of Heating, Refrigerating and Air-Conditioning Engineers and any applicable local or state guidance.
2. Except as otherwise provided in subsection 3, if a demand control ventilation system is installed at a school, qualified adjusting personnel or qualified testing personnel, as applicable, shall ensure that the set point for carbon dioxide is set to 800 parts per million or less.
κ2021 Statutes of Nevada, Page 1773 (CHAPTER 307, AB 257)κ
3. Qualified adjusting personnel, qualified testing personnel or a licensed professional engineer shall disable a demand control ventilation system installed at a school and configure the overall ventilation system to meet the minimum requirements of sections 2 to 13.5, inclusive, of this act if:
(a) The demand control ventilation system does not maintain an average daily maximum carbon dioxide concentration of less than 1,100 parts per million;
(b) The board of trustees of the school district or governing body of the charter school, as applicable, determines that a public health crisis caused by an airborne illness is in effect; and
(c) Disabling the demand control ventilation system would not adversely affect the operation of the overall ventilation system,
Κ until the board of trustees or governing body determines that a public health crisis caused by an airborne illness is no longer in effect.
Sec. 9. In assessing the heating, ventilation and air-conditioning system of a school pursuant to section 6 of this act, qualified adjusting personnel or qualified testing personnel, as applicable, shall assess the overall performance of the heating, ventilation and air-conditioning system. If a heating, ventilation and air-conditioning system is broken, fails to meet the minimum requirements for ventilation established by sections 2 to 13.5, inclusive, of this act or is otherwise unable to operate at the level intended by the original design of the system, qualified adjusting personnel or qualified testing personnel, as applicable, shall recommend any necessary repairs or maintenance. Any repairs or maintenance to the heating, ventilation and air-conditioning system must be performed by a skilled and trained workforce.
Sec. 10. In assessing the carbon dioxide monitors of a school pursuant to section 6 of this act, qualified adjusting personnel or qualified testing personnel, as applicable, shall ensure that each classroom in the school is equipped with a carbon dioxide monitor that:
1. Is hardwired or plugged in and mounted to the wall at least 3 feet but not more than 6 feet above the floor and at least 5 feet away from any door or operable window;
2. Displays readings to appropriate personnel through a display on the monitor or through an application on an Internet website or a cellular phone;
3. Provides a visual notification, including, without limitation, through an indicator light, electronic mail, text message or an application on a cellular phone, when the concentration of carbon dioxide in the room reaches 1,100 parts per million or more;
4. Maintains a record of previous data that includes, without limitation, the maximum carbon dioxide concentration measured;
5. Has a range of 400 parts per million to 2,000 parts per million or more; and
6. Is certified by the manufacturer of the carbon dioxide monitor to be accurate within 75 parts per million at a carbon dioxide concentration of 1,000 parts per million and requires calibration not more than once every 5 years.
Sec. 10.5. 1. If a public school has a limited or no ventilation system, qualified adjusting personnel or qualified testing personnel, as applicable, shall document existing conditions and provide a licensed professional engineer with any information necessary for the licensed professional engineer to make recommendations for upgrading or installing a ventilation system.
κ2021 Statutes of Nevada, Page 1774 (CHAPTER 307, AB 257)κ
applicable, shall document existing conditions and provide a licensed professional engineer with any information necessary for the licensed professional engineer to make recommendations for upgrading or installing a ventilation system.
2. Qualified adjusting personnel or qualified testing personnel that conduct an assessment of a public school with a limited or no ventilation system shall determine whether carbon dioxide monitors that meet the requirements of section 10 of this act are installed in each classroom of the school.
Sec. 11. 1. Qualified adjusting personnel or qualified testing personnel, as applicable, shall prepare an assessment report of any assessment performed in a school pursuant to section 6 of this act. A licensed professional engineer shall:
(a) Review the assessment report and determine if any:
(1) Additional adjustments or repairs are necessary to meet the minimum requirements for ventilation and filtration established by sections 2 to 13.5, inclusive, of this act; and
(2) Cost-effective upgrades for energy efficiency are warranted; and
(b) Provide an estimated cost of any work required to meet the minimum requirements for ventilation and filtration established by sections 2 to 13.5, inclusive, of this act, up to an estimated cost of not more than $200,000 and an estimated cost of any additional recommended work up to an estimated cost of not more than $200,000.
2. The assessment report must include, without limitation:
(a) The name and address of the person preparing the report and the school where the assessments required pursuant to section 6 of this act were performed;
(b) For each piece of equipment assessed, the model number, serial number, general condition and any additional information that could be used to assess options for replacements, repairs or upgrades;
(c) Verification that the filters meet the best possible minimum efficiency reporting values pursuant to subsection 2 of section 7 of this act or, if a filter does not meet the best possible minimum efficiency reporting value, documentation of the current minimum efficiency reporting value of the filter;
(d) Verification that the ventilation rates meet the requirements set forth in section 8 of this act or, if the ventilation rates do not meet the requirements, an explanation of why the ventilation rates do not meet the requirements;
(e) The measurements of air volume for the exhaust fans and the documentation of any discrepancies in volume between the measurements and the original volume of the design of the filtration system prepared pursuant to paragraph (k) of subsection 1 of section 8 of this act;
(f) Verification that each assessment conducted pursuant to sections 7 to 10.5, inclusive, of this act meets the requirements of the applicable section;
(g) If the minimum outside air ventilation rate of a filtration system cannot be met, the explanation of why the rate cannot be met prepared pursuant to paragraph (e) of subsection 1 of section 8 of this act.
κ2021 Statutes of Nevada, Page 1775 (CHAPTER 307, AB 257)κ
(h) If the original values of the design of the filtration system for the inlets and outlets of the filtration system are not available pursuant to paragraph (f) of subsection 1 of section 8 of this act, documentation of the available information and a notation of the unavailability of the original values;
(i) Documentation of any deficiencies within any system assessed pursuant to section 6 of this act;
(j) Verification of the installation of carbon dioxide monitors pursuant to section 10 of this act, including, without limitation, the make and model of the carbon dioxide monitors;
(k) If applicable, documentation of the information prepared pursuant to section 10.5 of this act for a school with a limited or no ventilation system; and
(l) Recommendations for additional maintenance, replacements or upgrades to improve the energy efficiency, safety or performance of any system assessed pursuant to section 6 of this act.
Sec. 12. 1. The board of trustees of a school district or the governing body of a charter school that ensures a public school is equipped with functional ventilation systems pursuant to section 6 of this act shall prepare a report on the status of the assessments performed pursuant to section 6 of this act and any maintenance, repairs or upgrades performed as a result of those assessments. The report must include, without limitation:
(a) The name and address of the person preparing the report and the school where the assessments required pursuant to section 6 of this act were performed;
(b) A description of the assessments performed pursuant to section 6 of this act and any maintenance, repairs or upgrades performed as a result of those assessments;
(c) Verification that the board of trustees of the school district or governing body of the charter school, as applicable, has complied with the requirements of section 2 to 13.5, inclusive, of this act;
(d) Verification that the filters meet the best possible minimum efficiency reporting values pursuant to subsection 2 of section 7 of this act or, if a filter does not meet the best possible minimum efficiency reporting value, documentation of the current minimum efficiency reporting value of the filter;
(e) Verification that the ventilation rates meet the requirements set forth in section 8 of this act or, if the ventilation rates do not meet the requirements, an explanation of why the ventilation rates do not meet the requirements;
(f) The measurements of air volume for the exhaust fans and the documentation of any discrepancies in volume between the measurements and the original volume of the design of the filtration system prepared pursuant to paragraph (k) of subsection 1 of section 8 of this act;
(g) Documentation of any deficiencies within any system assessed pursuant to section 6 of this act;
(h) Documentation of the initial operating verifications and adjustments, the final operating verifications and adjustments and any adjustments or repairs performed;
κ2021 Statutes of Nevada, Page 1776 (CHAPTER 307, AB 257)κ
(i) Verification of the installation of carbon dioxide monitors pursuant to section 10 of this act, including, without limitation, the make and model of the carbon dioxide monitors;
(j) If applicable, documentation of the information prepared pursuant to section 10.5 of this act for a school with a limited or no ventilation system;
(k) Verification that all work has been performed by qualified adjusting personnel or qualified testing personnel or a skilled and trained workforce, as appropriate, which may include, without limitation, the provision of the name and, if applicable, certification number of any contractor, qualified adjusting personnel or qualified testing personnel who performed such work.
2. The board of trustees of a school district or the governing body of a charter school shall maintain the report prepared pursuant to subsection 1 for at least 5 years and make a copy of the report available to the Office of Energy or any member of the public upon request during the time in which the report is maintained.
Sec. 13. (Deleted by amendment.)
Sec. 13.5. 1. A local educational agency, as defined in 20 U.S.C. § 7801(30)(A), that develops a plan for the safe return to in-person instruction and continuity of services pursuant to section 2001(i) of the American Rescue Plan Act of 2021, Public Law 117-2, and that will ensure a public school is equipped with functional ventilation systems pursuant to sections 6 to 13.5, inclusive, of this act shall, on or before September 1, 2021, prepare an addendum to the plan that describes how the local educational agency will ensure that a public school is equipped with functional ventilation systems pursuant to sections 6 to 13.5, inclusive, of this act. The plan must include, without limitation, a timeline for a public school to perform any actions recommended to ensure a public school is equipped with functional ventilation systems pursuant to sections 6 to 13.5, inclusive, of this act.
2. The addendum prepared pursuant to subsection 1 must be made publicly available in the same manner as the plan for the safe return to in-person instruction and continuity of services in accordance with the provisions of section 2001(i) of the American Rescue Plan Act of 2021, Public Law 117-2.
3. Compliance with an addendum prepared pursuant to this section shall not be construed as a prerequisite for a return to in-person instruction.
Sec. 14. This act becomes effective on July 1, 2021, and expires by limitation on June 30, 2023.
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κ2021 Statutes of Nevada, Page 1777κ
Senate Bill No. 360Committee on Government Affairs
CHAPTER 308
[Approved: June 3, 2021]
AN ACT relating to public employment; increasing the membership of the Board of the Public Employees Benefits Program; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law: (1) creates the Board of the Public Employees Benefits Program, consisting of 10 members, and sets forth the qualifications and terms of appointment of the members; and (2) requires the Board to establish and carry out the Public Employees Benefits Program, which is required to include a program of group life, accident or health insurance, or any combination thereof. (NRS 287.041, 287.043) Of the 10 members, the Board must have two members who are employees in the classified service of the State, appointed by the Governor upon consideration of any recommendations of organizations that represent state employees. (NRS 287.041) Section 2 of this bill increases the membership of the Board by adding one member who is employed in the classified service of the State from a list of nominations of 10 classified employees submitted by the labor organization representing the largest number of classified state employees participating in the Program. Section 2 also provides that if the labor organization that submitted the members name ceases to represent the largest number of classified state employees participating in the Program during the members term, the member continues to serve for the remainder of his or her unexpired term.
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 287.041 is hereby amended to read as follows:
287.041 1. There is hereby created the Board of the Public Employees Benefits Program. The Board consists of [10] 11 members appointed as follows:
(a) Two members who are professional employees of the Nevada System of Higher Education, appointed by the Governor upon consideration of any recommendations of organizations that represent employees of the Nevada System of Higher Education. One such member must reside in northern Nevada and the other member must reside in southern Nevada.
(b) Two members who are retired from public employment, appointed by the Governor upon consideration of any recommendations of organizations that represent retired public employees.
(c) Two members who are employees in the classified service of the State, appointed by the Governor upon consideration of any recommendations of organizations that represent state employees.
(d) One member who is employed by this State in a managerial capacity and has substantial and demonstrated experience in risk management, group insurance programs, health care administration or employee benefits programs appointed by the Governor.
κ2021 Statutes of Nevada, Page 1778 (CHAPTER 308, SB 360)κ
(e) Two members who have substantial and demonstrated experience in risk management, group insurance programs, health care administration or employee benefits programs appointed by the Governor.
(f) One member who is an employee in the classified service of the State, appointed by the Governor from a list of nominations of 10 classified state employees submitted by the labor organization representing the largest number of classified state employees participating in the Program.
(g) The Director of the Department of Administration or a designee of the Director approved by the Governor.
2. Of the nine persons appointed to the Board pursuant to paragraphs (a) to (e), inclusive, of subsection 1, at least four members must have a bachelors degree or a more advanced degree, or equivalent professional experience, in business administration, economics, medicine, accounting, actuarial science, insurance, risk management or health care administration, and at least two members must have education or proven experience in the management of employees benefits, insurance, risk management, health care administration or business administration.
3. Each person appointed as a member of the Board must:
(a) Except for a member appointed pursuant to paragraph (e) of subsection 1, have been a participant in the Program for at least 1 year before the persons appointment;
(b) Except for a member appointed pursuant to paragraph (e) of subsection 1, be a current employee of the State of Nevada or another public employer that participates in the Program or a retired public employee who is a participant in the Program;
(c) Not be an elected officer of the State of Nevada or any of its political subdivisions; and
(d) Not participate in any business enterprise or investment:
(1) With any vendor or provider to the Program; or
(2) In real or personal property if the Program owns or has a direct financial interest in that enterprise or property.
4. Except as otherwise provided in this subsection, after the initial terms, the term of an appointed member of the Board is 4 years and until the members successor is appointed and takes office unless the member no longer possesses the qualifications for appointment set forth in this section or is removed by the Governor. If a member loses the requisite qualifications within the last 12 months of the members term, the member may serve the remainder of the members term. If the labor organization that submitted the name of the member appointed pursuant to paragraph (f) of subsection 1 ceases to represent the largest number of classified state employees participating in the Program during the members term, the member continues to serve for the remainder of his or her unexpired term. Members are eligible for reappointment. A vacancy occurring in the membership of the Board must be filled in the same manner as the original appointment.
5. The appointed members of the Board serve at the pleasure of the Governor.
Sec. 3. (Deleted by amendment.)
Sec. 4. This act becomes effective on July 1, 2021.
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κ2021 Statutes of Nevada, Page 1779κ
Assembly Bill No. 493Committee on Ways and Means
CHAPTER 309
[Approved: June 3, 2021]
AN ACT relating to public employees; establishing the maximum allowed salaries for certain state employees; making appropriations from the State General Fund and State Highway Fund for increases in the salaries of certain employees of the State; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The following state officers, employees, and medical and related positions are entitled to receive approximate annual salaries of not more than the maximum amounts set forth following their specified titles or positions:
Annual
Title or Position Salary
1. Office of the Attorney General:
(a) Attorney Generals Office
Assistant Attorney General.......................................................... $158,347
Attorney General Counsel for Prosecuting Attorneys............... 120,977
Bureau Chief (each)......................................................................... 143,779
Chief Deputy Attorney General (each)......................................... 133,012
Chief Financial Officer................................................................... 115,096
Chief Investigator............................................................................... 98,809
Chief Personnel Manager.................................................................. 98,809
Chief of Staff..................................................................................... 158,347
Construction Law Counsel............................................................. 149,272
Deputy Attorney General (each).................................................... 107,676
Executive Assistant............................................................................ 63,340
Financial Analyst................................................................................ 91,841
General Counsel............................................................................... 149,272
Information Technology Chief...................................................... 112,798
Investigator (each).............................................................................. 74,242
Legal Researcher (each).................................................................... 63,340
Ombudsman for Victims of Domestic Violence........................... 67,131
Program Specialist, Technological Crimes.................................... 63,340
Public Information Officer................................................................ 79,807
Senior Deputy Attorney General (each)....................................... 120,344
Solicitor General.............................................................................. 149,272
Special Assistant Attorney General, Military............................. 120,977
Special Assistant Attorney General, Neighborhood.................. 120,977
Special Counsel (each).................................................................... 149,272
Supervising Legal Researcher (each).............................................. 66,506
κ2021 Statutes of Nevada, Page 1780 (CHAPTER 309, AB 493)κ
Annual
Title or Position Salary
(b) Bureau of Consumer Protection
Administrative Services Officer.................................................... $83,407
Chief Deputy Attorney General (each)......................................... 133,012
Deputy Attorney General................................................................ 107,676
Engineer............................................................................................... 92,691
Legal Researcher (each).................................................................... 63,340
Regulatory Manager........................................................................ 102,891
Senior Deputy Attorney General (each)....................................... 120,344
Senior Economist............................................................................. 115,117
Senior Engineer................................................................................ 102,801
Senior Regulatory Analyst................................................................ 96,066
Supervising Legal Researcher.......................................................... 66,506
Technical Staff Manager................................................................. 102,891
2. Office of the Controller:
Chief Deputy Controller............................................................... $120,977
Executive Assistant............................................................................ 63,340
3. Office of the Governor, Agency for Nuclear Projects:
Executive Assistant.......................................................................... $63,340
Executive Director........................................................................... 129,780
Planner/Researcher............................................................................. 93,657
Planning Division Administrator................................................... 118,140
Technical Programs Division Administrator............................... 118,140
4. Office of the Governor, Nevada Athletic Commission:
Chief Assistant.................................................................................. $76,007
Division Administrator.................................................................... 110,211
5. Office of the Governor, Office for New Americans:
Director.............................................................................................. $79,807
6. Office of the Governor, Office of Energy:
Deputy Director.............................................................................. $105,360
Director.............................................................................................. 120,344
7. Office of the Governor, Office of Finance:
Administrator, Office of Project Management,
SMART 21............................................................................... $126,515
Chief Assistant Budget Administrator.......................................... 100,137
Deputy Director................................................................................ 131,743
Director, Office of Finance............................................................. 143,779
Director, Office of Project Management, SMART 21............... 139,346
Division Administrator, Budget Division.................................... 120,977
Division Administrator, Internal Audits...................................... 120,977
Executive Assistant............................................................................ 63,340
Organizational Change Manager, Office of Project
Management, SMART 21........................................................ 115,522
8. Office of the Governor, Science, Innovation and Technology:
Administrator.................................................................................. $100,161
9. Office of the Lieutenant Governor:
Administrative Secretary................................................................ $53,819
Assistant to the Lieutenant Governor (each)................................. 79,731
Chief of Staff....................................................................................... 83,716
κ2021 Statutes of Nevada, Page 1781 (CHAPTER 309, AB 493)κ
Annual
Title or Position Salary
10. Office of the Secretary of State:
Business Portal Administrator..................................................... $115,452
Chief, Enforcement.......................................................................... 109,860
Chief Deputy..................................................................................... 131,743
Deputy Secretary of State, Commercial Recordings.................. 110,211
Deputy Secretary of State, Elections............................................ 120,977
Deputy Secretary of State, Operations......................................... 110,211
Deputy Secretary of State, Southern Nevada.............................. 110,211
Executive Assistant............................................................................ 63,340
Public Information Officer................................................................ 79,807
Securities Administrator................................................................. 115,096
11. Office of the State Treasurer:
Chief Deputy State Treasurer...................................................... $131,743
Chief of Staff..................................................................................... 131,743
Deputy State Treasurer, Cash Management................................ 110,211
Deputy State Treasurer, Debt Service.......................................... 110,211
Deputy State Treasurer, Investments............................................ 131,743
Deputy State Treasurer, Unclaimed Property.............................. 110,211
Executive Assistant............................................................................ 63,340
Executive Director, Millennium Scholarship.............................. 110,211
Senior Deputy State Treasurer (each)........................................... 120,977
12. Department of Administration:
Deputy Director.............................................................................. $131,743
Director.............................................................................................. 143,779
Executive Assistant............................................................................ 63,340
(a) Administrative Services Division
Division Administrator................................................................. $120,977
(b) Division of Enterprise Information Technology Services
Chief, Planning, Research and Grant Management................. $100,137
Chief Assistant, Planning.................................................................. 91,823
Deputy Administrator...................................................................... 120,977
Division Administrator.................................................................... 131,743
Special Advisor................................................................................ 110,211
State Chief Information Officer..................................................... 131,743
(c) Division of Human Resource Management
Division Administrator................................................................. $120,977
Division Deputy Administrator (each)........................................... 98,809
(d) Division of State Library, Archives and Public Records
Division Administrator................................................................. $110,211
(e) Fleet Services Division
Division Administrator.................................................................... $91,842
(f) Hearings Division
Appeals Officer (each).................................................................. $120,344
Hearing Officer (each)....................................................................... 79,807
Information Systems Specialist........................................................ 69,794
Senior Appeals Officer.................................................................... 133,012
(g) Mail Services Division
Division Administrator.................................................................... $91,842
(h) Office of Grant Procurement, Coordination and Management
Chief................................................................................................... $91,340
κ2021 Statutes of Nevada, Page 1782 (CHAPTER 309, AB 493)κ
Annual
Title or Position Salary
Executive Grants Analyst (each)................................................... $69,740
Senior Executive Grants Analyst..................................................... 83,396
(i) Purchasing Division
Attorney........................................................................................... $107,676
Division Administrator.................................................................... 110,211
(j) Public Employees Deferred Compensation Program
Deferred Compensation Executive Officer............................... $110,211
(k) State Public Works Division
Administrator.................................................................................. $139,346
Deputy Administrator, Buildings and Grounds.......................... 120,977
Deputy Administrator, Code Compliance and Enforcement.... 131,743
Deputy Administrator, Professional Services............................. 131,743
Project Manager II (each)............................................................... 110,211
Project Manager III (each).............................................................. 120,344
(l) Miscellaneous
Administrator, Equal Employment Opportunity........................ $91,842
Division Administrator, Risk Management................................... 98,809
13. State Department of Agriculture:
Deputy Director.............................................................................. $120,977
Director.............................................................................................. 131,743
(a) Administrative Services
Division Administrator................................................................. $110,211
(b) Animal Industry
Division Administrator.................................................................... $98,809
(c) Food and Nutrition
Deputy Administrator...................................................................... $98,809
Division Administrator.................................................................... 110,211
(d) Measurement Standards
Division Administrator................................................................. $110,211
(e) Plant Health and Compliance
Deputy Division Administrator..................................................... $98,809
Division Administrator.................................................................... 110,211
(f) Miscellaneous
Executive Assistant.......................................................................... $63,340
Industry and Global Trade Coordinator.......................................... 87,356
State Veterinarian............................................................................. 123,470
Supervisor, Animal Disease Laboratory...................................... 109,210
Veterinary Diagnostician................................................................ 101,185
14. Department of Business and Industry:
Deputy Director, Administration................................................ $110,211
Deputy Director, Programs............................................................. 120,977
Director.............................................................................................. 143,779
(a) Attorney for Injured Workers
Deputy Attorney (each)................................................................ $107,676
Division Administrator.................................................................... 133,012
Senior Deputy Attorney (each)...................................................... 120,344
(b) Division of Industrial Relations
Attorney (each)............................................................................... $107,676
Chief Investigator............................................................................... 91,841
κ2021 Statutes of Nevada, Page 1783 (CHAPTER 309, AB 493)κ
Annual
Title or Position Salary
Deputy Division Administrator (each)......................................... $98,809
Deputy Division Administrator, Mechanical Unit........................ 91,841
Deputy Division Administrator, Mine Safety................................ 91,841
Deputy Division Administrator, Safety Consultation.................. 91,841
Division Administrator.................................................................... 120,977
Senior Attorney................................................................................ 120,344
(c) Division of Insurance
Deputy Division Administrator (each)....................................... $110,211
Deputy Division Administrator, Captive Insurers...................... 107,676
Division Administrator.................................................................... 131,743
Insurance Counsel/Hearing Officer (each).................................. 110,211
Lead Actuary (each)........................................................................ 141,934
Lead Insurance Counsel/Hearing Officer.................................... 120,344
(d) Employee-Management Relations Board
Division Administrator.................................................................... $98,809
Executive Assistant............................................................................ 63,340
(e) Financial Institutions
Certified Public Accountant........................................................... $76,216
Deputy Division Administrator........................................................ 91,841
Division Administrator.................................................................... 110,211
(f) Labor Commissioner
Chief Assistant.................................................................................. $59,106
Deputy Division Administrator........................................................ 91,841
Division Administrator.................................................................... 110,211
State Apprenticeship Director.......................................................... 82,763
(g) Mortgage Lending Division
Certified Public Accountant........................................................... $76,216
Deputy Division Administrator........................................................ 91,841
Division Administrator.................................................................... 110,211
(h) Nevada Housing Division
Affordable Housing Advocate....................................................... $79,807
Chief Assistant.................................................................................... 76,007
Chief Financial Officer................................................................... 107,676
Deputy Administrator........................................................................ 91,841
Deputy Division Administrator........................................................ 91,841
Division Administrator.................................................................... 110,211
(i) Nevada Transportation Authority
Attorney........................................................................................... $107,676
Chief Transportation Inspector...................................................... 104,902
Commissioner (each)....................................................................... 120,595
Deputy Division Administrator..................................................... 107,676
Division Administrator.................................................................... 128,613
Financial Analyst (each).................................................................... 91,949
Manager................................................................................................ 99,625
(j) Real Estate Division
Deputy Division Administrator..................................................... $91,841
Division Administrator.................................................................... 110,211
Ombudsman......................................................................................... 83,717
(k) Taxicab Authority
Attorney........................................................................................... $107,676
κ2021 Statutes of Nevada, Page 1784 (CHAPTER 309, AB 493)κ
Annual
Title or Position Salary
Division Administrator................................................................. $128,613
(l) Miscellaneous
Administrative Law Judge........................................................... $120,344
Executive Assistant............................................................................ 63,340
Ombudsman of Consumer Affairs for Minorities......................... 83,716
15. State Department of Conservation and Natural Resources:
Deputy Director (each)................................................................. $120,977
Director.............................................................................................. 143,779
(a) Division of Environmental Protection
Division Administrator................................................................. $139,346
(b) Division of Forestry
Division Administrator................................................................. $120,977
(c) Division of Outdoor Recreation
Division Administrator.................................................................... $98,809
Division Deputy Administrator........................................................ 91,841
(d) Division of State Lands
Division Administrator................................................................. $110,211
(e) Division of State Parks
Division Administrator................................................................. $120,977
(f) Division of Water Resources
Chief, Water Planning and Drought Resiliency.......................... $98,809
District Supervisor, Water Commissioner..................................... 79,807
Division Administrator.................................................................... 139,346
(g) Natural Heritage Program
Administrator.................................................................................... $91,841
(h) State Historic Preservation Office
Administrator.................................................................................. $110,211
(i) Miscellaneous
Executive Assistant.......................................................................... $63,340
16. Department of Corrections:
Assistant to the Director............................................................... $100,132
Deputy Director, Industrial Programs.......................................... 131,743
Deputy Director, Operations, Northern Region.......................... 131,743
Deputy Director, Operations, Southern Region.......................... 131,743
Deputy Director, Support Services............................................... 131,743
Director.............................................................................................. 143,779
Executive Assistant............................................................................ 63,340
Medical Director.............................................................................. 215,441
Mental Health Director................................................................... 120,977
17. Department of Education:
Chief Strategy Officer................................................................... $104,902
Deputy Superintendent for Administrative and
Fiscal Services........................................................................... 120,977
Deputy Superintendent of Instructional, Research
and Evaluative Services (each)............................................... 120,977
Director, Safe and Respectful Learning Office............................. 98,809
Executive Assistant............................................................................ 63,340
Superintendent of Public Instruction............................................ 143,779
18. Department of Employment, Training and Rehabilitation:
Deputy Director (each)................................................................. $131,743
κ2021 Statutes of Nevada, Page 1785 (CHAPTER 309, AB 493)κ
Annual
Title or Position Salary
Director............................................................................................ $143,779
(a) Employment Security Division
Deputy Staff Attorney................................................................... $107,676
Division Administrator.................................................................... 131,743
Senior Attorney................................................................................ 120,344
(b) Equal Rights Commission
Division Administrator.................................................................... $98,809
(c) Information Development and Processing Division
Division Administrator................................................................. $120,977
(d) Governors Office of Workforce Innovation
Executive Director......................................................................... $109,850
(e) Rehabilitation Division
Chief, Disability Employment Policy........................................... $91,842
Division Administrator.................................................................... 120,977
(f) Miscellaneous
Chief Auditor.................................................................................. $101,341
Executive Assistant............................................................................ 63,340
Hearing Officer (each)....................................................................... 79,807
19. Department of Health and Human Services:
(a) Aging and Disability Services
Chief, Elder Rights........................................................................... $98,809
Deputy Division Administrator (each)......................................... 120,977
Division Administrator.................................................................... 131,743
Executive Director, Persons Who are Deaf and
Hard of Hearing............................................................................ 73,909
Sign Language Interpreter (each).................................................... 83,798
(b) Child and Family Services
Bureau Chief, Youth Parole Bureau........................................... $110,211
Deputy Division Administrator (each)......................................... 120,977
Division Administrator.................................................................... 131,743
Superintendent, Caliente Youth Center........................................ 110,211
Superintendent, Nevada Youth Training Center......................... 110,211
Superintendent, Summit View Youth Correctional Center...... 115,719
(c) Directors Office
Administrative Assistant, Patient Protection Commission....... $53,591
Chief Biostatistician, Data Analytics............................................ 110,211
Deputy Director, Administrative Services................................... 120,977
Deputy Director, Fiscal Services................................................... 120,977
Deputy Director, Programs............................................................. 120,977
Director.............................................................................................. 143,779
Executive Director, Patient Protection Commission.................... 98,809
Policy Analyst, Patient Protection Commission........................... 83,407
(d) Health Care Financing and Policy
Actuary............................................................................................ $110,211
Deputy Division Administrator (each)......................................... 120,977
Division Administrator.................................................................... 131,743
State Dental Health Officer............................................................ 175,191
κ2021 Statutes of Nevada, Page 1786 (CHAPTER 309, AB 493)κ
Annual
Title or Position Salary
(e) Office of Consumer Health Assistance
Chief, Elder Rights........................................................................... $98,809
Governors Consumer Health Advocate...................................... 110,211
Ombudsman for Consumer Health Assistance (each).................. 87,886
(f) Office of Minority Health
Manager............................................................................................. $79,807
(g) Public and Behavioral Health
Chief Medical Officer................................................................... $242,942
Deputy Division Administrator (each)......................................... 120,977
Division Administrator.................................................................... 139,346
Hospital Administrator.................................................................... 120,344
Medical Epidemiologist.................................................................. 175,191
Medical Program Coordinator, Mental Health Program........... 213,440
State Epidemiologist........................................................................ 110,211
Statewide Psychiatric Medical Director....................................... 233,025
Statewide Suicide Prevention Coordinator.................................... 79,807
Statewide Suicide Prevention Trainer/Networking
Facilitator (each).......................................................................... 76,007
(h) Welfare and Supportive Services
Deputy Division Administrator (each)....................................... $120,977
Division Administrator.................................................................... 131,743
(i) Miscellaneous
Agency Manager (each)................................................................ $120,344
Executive Assistant (each)................................................................ 63,340
20. Department of Indigent Defense Services:
Deputy Director (each)................................................................. $139,346
Deputy Public Defender, Appellate.............................................. 107,676
Deputy Public Defender (each)...................................................... 107,676
Executive Assistant............................................................................ 63,340
Executive Director........................................................................... 140,611
Investigator (each).............................................................................. 74,242
State Public Defender...................................................................... 133,012
Supervising Public Defender (appeals)........................................ 120,344
Supervising Public Defender (office)........................................... 120,344
Supervising Public Defender (trial).............................................. 120,344
21. Department of Motor Vehicles:
(a) Directors Office
Deputy Director.............................................................................. $139,346
Director.............................................................................................. 143,779
Executive Assistant............................................................................ 63,340
(b) DMV Administrative Services
Division Administrator................................................................. $110,211
(c) DMV Automation
Division Administrator................................................................. $120,977
(d) DMV Central Services and Records
Division Administrator................................................................. $110,211
(e) DMV Compliance Enforcement
Deputy Administrator................................................................... $110,211
κ2021 Statutes of Nevada, Page 1787 (CHAPTER 309, AB 493)κ
Annual
Title or Position Salary
Division Administrator................................................................. $120,977
(f) DMV Field Services
Deputy Administrator................................................................... $110,211
Division Administrator.................................................................... 120,977
(g) DMV Motor Carrier
Division Administrator................................................................. $110,211
(h) DMV Office of Administrative Hearings
Administrative Law Judge (licensed attorney)
(each)......................................................................................... $120,344
Administrative Law Judge (other than licensed
attorney) (each).......................................................................... 107,676
Chief Administrative Law Judge (licensed attorney)................ 133,012
Chief Administrative Law Judge (other than
licensed attorney)....................................................................... 120,344
(i) DMV Research and Project Management
Division Administrator................................................................. $126,515
Deputy Administrator...................................................................... 110,211
Organizational Change Manager................................................... 115,522
22. Department of Public Safety:
Deputy Director.............................................................................. $139,346
Director.............................................................................................. 143,779
Executive Assistant............................................................................ 63,340
(a) Capitol Police
Division Administrator................................................................. $110,211
(b) Highway Patrol
Chief................................................................................................. $139,346
Lieutenant Colonel........................................................................... 139,346
(c) Investigations
Division Administrator................................................................. $131,743
(d) Office of Cyber Defense Coordination
Division Administrator, Cyber Security.................................... $117,430
(e) Office of Traffic Safety
Division Administrator, Highway Safety Planning
and Administration................................................................. $107,676
(f) Parole and Probation
Chair, State Board of Parole Commissioners............................ $120,977
Division Administrator.................................................................... 139,346
Executive Secretary, Parole Board.................................................. 63,340
Parole Board Member (each)............................................................ 98,809
(g) Records, Communications and Compliance
Administrator, NCJIS Program................................................... $126,515
Division Administrator.................................................................... 126,392
(h) State Fire Marshal
Division Administrator................................................................. $120,977
23. Department of Sentencing Policy:
Executive Director......................................................................... $140,611
Staff Attorney................................................................................... 107,676
24. Department of Taxation:
Administrative Law Judge (licensed attorney)......................... $120,344
Chief Administrative Law Judge (licensed attorney)................ 133,012
κ2021 Statutes of Nevada, Page 1788 (CHAPTER 309, AB 493)κ
Annual
Title or Position Salary
Chief Deputy Director................................................................... $131,743
Deputy Director (each).................................................................... 120,977
Executive Assistant............................................................................ 63,340
Executive Director........................................................................... 143,779
State Demographer........................................................................... 107,676
25. Department of Tourism and Cultural Affairs:
Administrator, Nevada Arts Council.......................................... $110,211
Advertising Sales Representative.................................................... 66,656
Art Director (each)............................................................................. 64,980
Chief Deputy, Administration........................................................ 110,211
Division Administrator, Museums and History.......................... 110,211
Deputy Director, Marketing and Advertising................................ 87,357
Deputy Director, Sales and Industry Partners............................... 87,357
Development Specialist, Nevada Magazine (each)...................... 72,658
Development Specialist, Tourism (each)....................................... 82,021
Development Specialist II, Tourism (each)................................... 87,357
Director.............................................................................................. 131,743
Editor Publisher, Nevada Magazine................................................ 99,250
Executive Assistant............................................................................ 63,340
Executive Director, Nevada Indian Commission.......................... 79,807
Managing Editor, Publications......................................................... 76,293
Operations and Finance Manager.................................................... 95,541
Production Manager........................................................................... 61,498
Project Analyst.................................................................................... 62,922
Project Analyst II (each)................................................................... 73,366
Public Information Officer................................................................ 90,031
Public Relations Specialist................................................................ 82,022
26. Department of Transportation:
Administrator of External Civil Rights...................................... $110,211
Assistant Director, Administrative Services................................ 120,977
Assistant Director, Engineering..................................................... 139,346
Assistant Director, Operations....................................................... 139,346
Assistant Director, Planning and Program Development.......... 120,977
Chief Pilot.......................................................................................... 120,344
Communications Director................................................................. 98,809
Deputy Director (each).................................................................... 140,611
Director.............................................................................................. 143,779
Executive Assistant............................................................................ 63,340
Executive Director, State Infrastructure Bank............................ 131,743
Hearings Officer................................................................................. 79,807
Pilot II................................................................................................... 98,809
Pilot III (each)................................................................................... 107,676
27. Department of Veterans Services:
Administrator, Veterans Home.................................................... $120,977
Deputy Director, Health and Wellness........................................... 91,842
Deputy Director, Programs and Services....................................... 91,842
Director, Veterans Services............................................................ 107,676
Executive Assistant............................................................................ 63,340
κ2021 Statutes of Nevada, Page 1789 (CHAPTER 309, AB 493)κ
Annual
Title or Position Salary
28. Department of Wildlife:
Chief Game Warden...................................................................... $110,211
Deputy Director (each).................................................................... 120,977
Director.............................................................................................. 131,743
Division Administrator, Conservation Education......................... 98,809
Division Administrator, Fisheries Management........................... 98,809
Division Administrator, Game......................................................... 98,809
Division Administrator, Habitat....................................................... 98,809
Division Administrator, Wildlife Administration......................... 98,809
Division Administrator, Wildlife Diversity................................... 98,809
Executive Assistant............................................................................ 63,340
29. Colorado River Commission of Nevada:
Administrative Services Officer.................................................. $134,462
Assistant Director, Energy Information Systems....................... 120,941
Assistant Director, Engineering and Operations......................... 134,380
Assistant Hydropower Program Manager.................................... 114,224
Assistant Power Supply Planner.................................................... 104,901
Deputy Director................................................................................ 141,099
Director.............................................................................................. 148,399
Division Head, Water...................................................................... 134,462
Energy Accountant............................................................................. 88,676
Energy Services Manager............................................................... 141,099
Environmental Program Manager................................................. 120,941
Hydropower Program Manager..................................................... 127,662
Manager, Power Accounting.......................................................... 120,344
Manager, Power Planner................................................................. 120,344
Natural Resource Specialist (each)............................................... 116,911
Network Administrator...................................................................... 87,346
Office Manager................................................................................... 73,909
Power Facilities Communication Technician (each).................... 94,067
Power Facilities Electrician.............................................................. 87,346
Power Facilities Manager (each)................................................... 120,941
Power Supply Manager................................................................... 124,042
Power Supply Planner..................................................................... 120,977
Senior Energy Accountant (each).................................................. 100,783
Senior Power Facilities Electrician (each)..................................... 94,067
Senior Power Facilities Engineer.................................................. 116,290
30. Commission on Ethics:
Associate Counsel.......................................................................... $107,676
Commission Counsel....................................................................... 120,344
Executive Assistant............................................................................ 63,340
Executive Director........................................................................... 120,344
Investigator.......................................................................................... 74,242
Senior Legal Researcher.................................................................... 63,340
31. Commission on Judicial Discipline:
General Counsel............................................................................. $158,347
32. Commission on Mineral Resources:
Administrator, Minerals................................................................ $118,153
Chief for Dangerous Mines............................................................... 85,012
Chief for Mine Regulation................................................................ 85,012
κ2021 Statutes of Nevada, Page 1790 (CHAPTER 309, AB 493)κ
Annual
Title or Position Salary
Deputy Administrator, Minerals.................................................... $94,521
Field Specialist, Minerals (each)..................................................... 71,970
Program Manager, Oil, Gas and Geothermal.............................. 108,792
33. Nevada Gaming Control Board:
(a) Administration Division
Chief................................................................................................. $120,312
Chief Deputy..................................................................................... 109,376
(b) Audit Division
Agent (each)...................................................................................... $78,264
Chief................................................................................................... 120,312
Chief Deputy (each)......................................................................... 109,376
Senior Agent (each)........................................................................... 86,089
Special Agent (each).......................................................................... 90,393
Supervisor (each)................................................................................ 99,431
(c) Enforcement Division
Agent (each)...................................................................................... $78,264
Chief................................................................................................... 120,312
Chief Deputy (each)......................................................................... 109,376
Senior Agent (each)........................................................................... 86,089
Special Agent (each).......................................................................... 90,393
Supervisor (each)................................................................................ 99,431
(d) Gaming Control Board
Chair................................................................................................. $168,554
Executive Secretary......................................................................... 109,376
Member (each).................................................................................. 156,726
(e) Investigations Division
Agent (each)...................................................................................... $78,264
Chief................................................................................................... 120,312
Chief Deputy (each)......................................................................... 109,376
Investigative Services Manager (each)......................................... 106,394
Senior Agent (each)........................................................................... 86,089
Special Agent (each).......................................................................... 90,393
Supervisor (each)................................................................................ 99,431
(f) Tax and License Division
Agent (each)...................................................................................... $78,264
Chief................................................................................................... 120,312
Chief Deputy..................................................................................... 109,376
Senior Agent (each)........................................................................... 86,089
Special Agent...................................................................................... 90,393
Supervisor (each)................................................................................ 99,431
(g) Technology Division
Chief................................................................................................. $128,514
Chief Deputy, Technology............................................................. 117,493
Engineer, Technology (each)......................................................... 106,570
Senior Agent (each)........................................................................... 86,089
Senior Engineer, Technology (each)............................................ 111,897
Technician, Technology (each)........................................................ 69,742
(h) Miscellaneous
Executive Assistant.......................................................................... $66,442
Financial Officer................................................................................. 94,662
κ2021 Statutes of Nevada, Page 1791 (CHAPTER 309, AB 493)κ
Annual
Title or Position Salary
Hearings Officer (each)................................................................ $105,360
Human Resources Manager............................................................ 106,394
Information Management Coordinator........................................... 94,662
Information Technology Manager................................................ 117,220
Network Specialist I (each).............................................................. 83,801
Network Specialist II (each)............................................................. 92,547
Programming Manager.................................................................... 110,292
Programming Supervisor................................................................ 103,929
Senior Application Developer (each).............................................. 93,305
Senior Economic Analyst............................................................... 105,322
Senior Network Specialist.............................................................. 100,477
Senior Policy Counsel..................................................................... 105,322
Senior Research Specialist.............................................................. 105,322
Supervisor (each)................................................................................ 99,431
Systems Administrator...................................................................... 99,086
System Manager............................................................................... 110,292
34. Office of the Military:
Adjutant General............................................................................ $131,743
Administrator, Nevada National Guard Youth
Challenge Program...................................................................... 98,253
Administrator, StarBase Program (each)........................................ 91,842
Administrative Assistant, StarBase Program (each).................... 58,380
Analyst Supervisor/NAIC Manager, Homeland Security........... 83,409
Division Administrator, Homeland Security............................... 131,743
Nevada National Guard Enlisted SAD (each)............................ 97,960
Nevada National Guard Officer SAD (each)........................... 161,234
Nevada National Guard Warrant Officer SAD (each)............ 110,212
Psychological Health Manager........................................................ 83,395
Training Specialist (each)................................................................. 79,401
35. Peace Officers Standards and Training Commission:
Bureau Chief (each)......................................................................... $86,988
Deputy Director.................................................................................. 98,809
Director.............................................................................................. 110,211
Executive Assistant............................................................................ 63,340
Training Specialist (each)................................................................. 79,401
36. Public Employees Benefits Program:
Chief Financial Officer................................................................. $107,676
Chief Information Officer............................................................... 112,798
Executive Assistant............................................................................ 63,340
Executive Officer............................................................................. 139,346
Operations Officer........................................................................... 118,444
Quality Control Officer................................................................... 107,676
37. Public Utilities Commission of Nevada:
Administrative Attorney (each)..................................................... $79,807
Assistant Commission Secretary..................................................... 98,809
Chair................................................................................................... 140,611
Chief Attorney (each)...................................................................... 133,012
Commission Policy Advisory (each)............................................ 104,902
κ2021 Statutes of Nevada, Page 1792 (CHAPTER 309, AB 493)κ
Annual
Title or Position Salary
Commission Secretary.................................................................. $110,211
Director, Regulatory Operations.................................................... 131,743
Engineer, Electric (each)................................................................. 102,801
Engineer, Gas Pipeline (each).......................................................... 95,665
Engineer, Water................................................................................ 104,902
Executive Assistant (each)................................................................ 63,340
Executive Director........................................................................... 131,743
Financial Analyst (each).................................................................... 91,949
Legal Case Manager........................................................................... 79,807
Manager, Consumer Complaint Resolution................................ 110,211
Manager, Policy Analysis............................................................... 110,211
Manager, Resource and Market Analysis.................................... 110,211
Manager, Safety and Quality Assurance...................................... 110,211
Manager, Systems Operation......................................................... 103,514
Manager, Tariffs and Compliance................................................. 110,211
Public Education and Statistical Analysis Officer (each)............ 76,007
Public Utilities Commissioner (each)........................................... 131,743
Regulatory Economist (each)........................................................... 98,689
Resource Planning Engineer............................................................. 95,665
Rural Consumer Representative...................................................... 74,341
Senior Analyst..................................................................................... 82,397
Senior Attorney (each).................................................................... 120,344
Senior Engineering Analyst.............................................................. 95,665
Senior Financial Analyst................................................................... 96,547
Senior Gas Pipeline Engineer........................................................ 104,902
Senior Regulatory Economist........................................................ 103,623
Senior Utility Analyst (each)............................................................ 82,397
Supervisor, Consumer Complaint Resolution............................... 91,841
38. Silver State Health Insurance Exchange:
Administrative Assistant (each)..................................................... $53,591
Benefit Manager................................................................................. 68,346
Communications Officer................................................................... 83,388
Executive Assistant............................................................................ 63,340
Executive Director, Silver State Health Insurance
Exchange..................................................................................... 131,743
Finance and Research Officer.......................................................... 91,343
Grants and Projects Analyst.............................................................. 62,921
Information Systems Manager....................................................... 109,843
Information Technology Analyst..................................................... 78,179
Operations Manager, Silver State Health Insurance
Exchange..................................................................................... 118,444
Quality Assurance Officer................................................................ 93,684
Training Specialist.............................................................................. 70,972
39. State Public Charter School Authority:
Deputy Director................................................................................ $98,809
Director.............................................................................................. 110,211
Staff Attorney................................................................................... 107,676
40. Supreme Court:
Chief Assistant Clerk.................................................................... $133,012
κ2021 Statutes of Nevada, Page 1793 (CHAPTER 309, AB 493)κ
Annual
Title or Position Salary
Chief Clerk...................................................................................... $158,347
Chief Deputy Clerk............................................................................ 81,706
Court Administrator......................................................................... 139,346
Deputy Court Administrator (each).............................................. 120,344
Law Librarian................................................................................... 114,010
Senior Law Clerk (each)................................................................... 70,005
Staff Attorney (each)....................................................................... 107,676
Supervisory Staff Attorney (each)................................................. 120,344
41. Cannabis Compliance Board:
Administrative Law Judge........................................................... $120,344
Chief of Administration.................................................................. 106,394
Chief of Inspections/Audit.............................................................. 106,394
Chief of Investigations.................................................................... 106,394
Deputy Director................................................................................ 120,977
Executive Assistant............................................................................ 63,340
Executive Director........................................................................... 131,743
42. Medical and Related Positions:
Pharmacist 1 (each)....................................................................... $112,080
Pharmacist 2 (each).......................................................................... 123,287
Pharmacist 3...................................................................................... 135,617
Senior Institutional Dentist (Range B) (each)............................. 155,863
Senior Physician (Range C) (each)............................................... 175,191
Senior Psychiatrist (Range C) (each)............................................ 199,142
Κ A Senior Psychiatrist (Range C) is a psychiatrist certified by the American Board of Psychiatry and Neurology, Inc.
Sec. 2. 1. If any unclassified position or other position intended to be included in section 1 of this act is inadvertently omitted from this act for Fiscal Year 2021-2022 or Fiscal Year 2022-2023, the Division of Human Resource Management of the Department of Administration shall examine the duties and responsibilities of the position and submit to the Interim Finance Committee a list of those duties and responsibilities and a recommended salary for the position. The Interim Finance Committee shall review the duties and responsibilities of the position and establish the salary for the position.
2. If the Fiscal Analysis Division of the Legislative Counsel Bureau determines that the title or maximum salary for a position set forth in section 1 of this act contains a typographical or other error that misrepresents the maximum salary intended to be set forth in section 1 of this act, the Interim Finance Committee may review the duties and responsibilities of the position and establish the appropriate title and maximum salary for the position pursuant to the intent of the 81st Session of the Nevada Legislature.
3. An employee occupying a position that is currently in the classified service which is moved into the unclassified service or other position in section 1 of this act has the option to remain in the classified service at his or her current grade, with all rights afforded classified employees, or move into the unclassified service. If the employee chooses to move into the unclassified service, the employee cannot at a later date choose to return to the classified service while occupying this position.
κ2021 Statutes of Nevada, Page 1794 (CHAPTER 309, AB 493)κ
4. Once an employee vacates the position moved into the unclassified service pursuant to this act, the employee who is the replacement in the position will be in the unclassified service.
5. If the salary for a position that is currently in the classified service or nonclassified service and that is moved into the unclassified service is reduced pursuant to this act, the salary for the employee currently serving in the position will be retained at its current level. Once the employee serving in the position vacates the position, the unclassified salary is established at the level in section 1 of this act.
6. If the salary for an employee occupying a position in the unclassified service on June 30, 2021, is more than the maximum salary for that position as set forth in section 1 of this act, the salary for that employee must be retained at the level in effect on June 30, 2021. Once an employee vacates a position for which the previous salary is retained pursuant to this subsection, the maximum salary for that position must be reduced to the amount set forth in section 1 of this act.
Sec. 3. The approximate maximum salaries as set forth in section 1 of this act must be increased by 1 percent effective on July 1, 2022.
Sec. 4. 1. There is hereby appropriated from the State General Fund to the State Board of Examiners for reimbursement to any department, commission or agency of the State of Nevada, including the Judicial Department of the State Government, which receives part or all of its funding from the State General Fund, for the difference between the maximum amount allowed in sections 1 and 2 of this act and the amount budgeted for that purpose and to provide salary increases as provided in section 3 of this act:
For the Fiscal Year 2022-2023.................................................... $520,936
2. There is hereby appropriated from the State Highway Fund to the State Board of Examiners for reimbursement to a state agency, which receives part or all of its funding from the State Highway Fund, for the difference between the maximum amount allowed in sections 1 and 2 of this act and the amount budgeted for that purpose and to provide salary increases as provided in section 3 of this act:
For the Fiscal Year 2022-2023...................................................... $42,369
3. The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse from the appropriate fund to various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section such sums of money as may from time to time be required, which, when added to the money otherwise appropriated or available, equal the amount of money required to pay the salaries of the employees of the respective departments, commissions and agencies in section 1 of this act under the adjusted pay plan.
Sec. 5. 1. Except as otherwise provided in this act, to effect increases in salaries as provided in subsections 2 to 8, inclusive, effective on July 1, 2022, there is hereby appropriated from the State General Fund to the State Board of Examiners for the fiscal year beginning on July 1, 2022, and ending on June 30, 2023, the sum of $11,793,118, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 81st Session of the Nevada Legislature and the requirements for salaries of the classified and nonclassified personnel of those departments, commissions and agencies, including the Judicial Department of the State Government, necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2022.
κ2021 Statutes of Nevada, Page 1795 (CHAPTER 309, AB 493)κ
fixed by the 81st Session of the Nevada Legislature and the requirements for salaries of the classified and nonclassified personnel of those departments, commissions and agencies, including the Judicial Department of the State Government, necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2022.
2. For personnel not represented by a collective bargaining agreement approved pursuant to NRS 288.555 on or before May 25, 2021, an increase in salary of 1 percent.
3. For personnel represented by the bargaining unit established in paragraph (a) of subsection 1 of NRS 288.515, an increase in salary of 3 percent.
4. For personnel represented by the bargaining unit established in paragraph (e) of subsection 1 of NRS 288.515, an increase in salary of 3 percent.
5. For personnel represented by the bargaining unit established in paragraph (f) of subsection 1 of NRS 288.515, an increase in salary of 3 percent.
6. For personnel represented by the bargaining unit established in paragraph (i) of subsection 1 of NRS 288.515, an increase in salary of 3 percent.
7. For personnel represented by the bargaining unit established in paragraph (h) of subsection 1 of NRS 288.515, an increase in salary of 2 percent in addition to any increase in salary approved for nonrepresented personnel by the 81st Session of the Nevada Legislature. In the first full pay period of July 2022, personnel in this bargaining unit who have continuous State service of more than 5 but less than 15 years on July 1, 2022, will receive a one-time bonus payment of $500. In the first full pay period of July 2022, personnel in this bargaining unit who have continuous State service of 15 years or more on July 1, 2022, will receive a one-time bonus payment of $1,000.
8. For personnel represented by the bargaining unit established in paragraph (k) of subsection 1 of NRS 288.515, an increase in salary of 3 percent.
9. The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse to various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section such sums of money as may from time to time be required, which, when added to the money otherwise appropriated or available, equal the amount of money required to pay the salaries of the classified and nonclassified employees of the respective departments, commissions and agencies under the adjusted pay plan. The sums appropriated by this section may not be allocated and disbursed to address a deficiency between the appropriated money as fixed by the 81st Session of the Nevada Legislature and the requirements for salaries resulting from any circumstance other than the increases in salaries described in this section.
Sec. 6. 1. To effect increases in salaries as provided in subsections 2, 3 and 4, effective on July 1, 2022, there is hereby appropriated from the State Highway Fund to the State Board of Examiners for the fiscal year beginning on July 1, 2022, and ending on June 30, 2023, the sum of $3,055,295, for the purpose of meeting any deficiencies which may exist between the appropriated money of the Office of Finance in the Office of the Governor, Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority as fixed by the 81st Session of the Nevada Legislature and the requirements for salaries of classified personnel of the Office of Finance in the Office of the Governor, Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2022.
κ2021 Statutes of Nevada, Page 1796 (CHAPTER 309, AB 493)κ
purpose of meeting any deficiencies which may exist between the appropriated money of the Office of Finance in the Office of the Governor, Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority as fixed by the 81st Session of the Nevada Legislature and the requirements for salaries of classified personnel of the Office of Finance in the Office of the Governor, Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2022.
2. For personnel not represented by a collective bargaining agreement approved pursuant to NRS 288.555, on or before May 25, 2021, an increase in salary of 1 percent.
3. For personnel represented by the bargaining unit established in paragraph (a) of subsection 1 of NRS 288.515, an increase in salary of 3 percent.
4. For personnel represented by the bargaining unit established in paragraph (h) of subsection 1 of NRS 288.515, an increase in salary of 2 percent in addition to any increase in salary approved for nonrepresented personnel by the 81st Session of the Nevada Legislature. In the first full pay period of July 2022, personnel in this bargaining unit who have continuous State service of more than 5 but less than 15 years on July 1, 2022, will receive a one-time bonus payment of $500. In the first full pay period of July 2022, personnel in this bargaining unit who have continuous State service of 15 years or more on July 1, 2022, will receive a one-time bonus payment of $1,000.
5. The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse to the Office of Finance in the Office of the Governor, Department of Motor Vehicles, the Department of Public Safety and the Nevada Transportation Authority out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equal the amount of money required to meet and pay the salaries of the classified employees of the Office of Finance in the Office of the Governor, Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority under the adjusted pay plan. The sums appropriated by this section may not be allocated and disbursed to address a deficiency between the appropriated money as fixed by the 81st Session of the Nevada Legislature and the requirements for salaries resulting from any circumstance other than the increases in salaries described in this section.
Sec. 7. 1. To effect increases in salaries of 1 percent effective on July 1, 2022, there is hereby appropriated from the State General Fund to the State Board of Examiners for the fiscal year beginning on July 1, 2022, and ending on June 30, 2023, the sum of $773,459, for the purpose of meeting any deficiencies which may be created between the appropriated money of the Nevada System of Higher Education as fixed by the 81st Session of the Nevada Legislature and the requirements for salaries of the classified personnel of the Nevada System of Higher Education necessary under the adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2022.
κ2021 Statutes of Nevada, Page 1797 (CHAPTER 309, AB 493)κ
2. To effect increases in salaries of 1 percent effective on July 1, 2022, there is hereby appropriated from the State General Fund to the State Board of Examiners for the fiscal year beginning on July 1, 2022, and ending on June 30, 2023, the sum of $3,634,229, for the purpose of meeting any deficiencies which may be created between the appropriated money of the Nevada System of Higher Education as fixed by the 81st Session of the Nevada Legislature and the requirements for increasing the salaries of those professional employees of the Nevada System of Higher Education whose positions are included in the Executive Budget as approved by the 81st Session of the Nevada Legislature, to become effective on July 1, 2022.
3. Appropriations from the State General Fund for cost of living adjustments for the classified and professional employees of the Nevada System of Higher Education will be based on the proportion of appropriations from the State General Fund to total revenue within each state-supported budget of the Nevada System of Higher Education.
4. The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse to the Nevada System of Higher Education out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated are limits and equal the amount of money available to pay the salaries of the classified and professional employees of the Nevada System of Higher Education under the adjusted pay plan. The sums appropriated by this section may not be allocated and disbursed to address a deficiency between the appropriated money as fixed by the 81st Session of the Nevada Legislature and the requirements for salaries resulting from any circumstance other than the increases in salaries described in this section.
Sec. 8. To effect increases in salaries of 1 percent, effective on July 1, 2022, there is hereby appropriated from the State General Fund to the Legislative Fund for the fiscal year beginning on July 1, 2022, and ending on June 30, 2023, the sum of $318,591, for the purpose of meeting any deficiencies which may be created between the money appropriated to the Legislative Fund as fixed by the 81st Session of the Nevada Legislature and the requirements for salaries of the personnel of the Legislative Counsel Bureau necessary under an adjusted pay plan to become effective on July 1, 2022.
Sec. 9. The Department of Health and Human Services and the Department of Corrections may adopt a plan to authorize additional payments of up to $60 for a specified period on a weeknight and of up to $100 for a specified period on a weekend day for unclassified employees who are Senior Psychiatrists, Senior Physicians or Pharmacists to perform on-call responsibilities to ensure 24-hour coverage in psychiatric treatment facilities and correctional facilities and institutions. On-call responsibilities for Senior Psychiatrists and Senior Physicians include, without limitation, attending to clinical emergencies, evaluation of patients subject to seclusion and restraint and completing rounds during weekends. On-call responsibilities for Pharmacists include, without limitation, consultation with medical personnel and first dosage reviews.
Sec. 10. The Nevada Gaming Control Board may adopt a plan to authorize additional payments of up to $5,000 annually for unclassified employees who possess a current Nevada certified public accountant certificate, a license to practice law in the State of Nevada or any other state, or are in a qualifying position as an electronic laboratory engineer and possess a bachelor of science or higher degree in engineering, electronic engineering or computer science and utilize, in the opinion of the Board, the skills evidenced by these qualifications to further enhance the performance of their job duties and responsibilities.
κ2021 Statutes of Nevada, Page 1798 (CHAPTER 309, AB 493)κ
certificate, a license to practice law in the State of Nevada or any other state, or are in a qualifying position as an electronic laboratory engineer and possess a bachelor of science or higher degree in engineering, electronic engineering or computer science and utilize, in the opinion of the Board, the skills evidenced by these qualifications to further enhance the performance of their job duties and responsibilities.
Sec. 11. Any remaining balance of an appropriation made by sections 4 to 7, inclusive, of this act must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund from which it was appropriated on or before September 15, 2023.
Sec. 12. When determining the allocations of the money appropriated in sections 4 to 7, inclusive, of this act, the State Board of Examiners shall not distribute money to an account beyond the maximum salary need amount determined for the account. Appropriations established for an account within a department, agency or commission must not be distributed to another account within the department, agency or commission if that action results in the distribution of money beyond the maximum salary need amount determined for the account.
Sec. 13. 1. To effect the State of Nevadas share of the increases of salary of 1 percent effective July 1, 2022, for employees of the Tahoe Regional Planning Agency, there is hereby appropriated from the State General Fund to the State Board of Examiners the sum of not more than $18,659 for the fiscal year beginning on July 1, 2022, and ending on June 30, 2023. The amounts transferred must not be used to increase an employees base salary unless the State of California provides the required 2-for-1 matching funds. If such matching funds are not provided by the State of California, any amounts provided to the Tahoe Regional Planning Agency by the State of Nevada must be used as a one-time salary bonus.
2. The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse to the Tahoe Regional Planning Agency out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available, equal the amount of money required to meet and pay the State of Nevadas share of the salaries of the employees of the Tahoe Regional Planning Agency under the adjusted pay plan. The sums appropriated by this section may not be allocated and disbursed to address a deficiency between the appropriated money as fixed by the 81st Session of the Nevada Legislature and the requirements for salaries resulting from any circumstance other than an increase in salaries described in this section.
Sec. 14. The sums appropriated for the support of the salaries for the Assistant Attorney General in the Office of the Attorney General, Chief of Staff in the Office of the Attorney General, Chief Clerk of the Nevada Supreme Court, General Counsel of the Commission on Judicial Discipline, Chairman of the Nevada Gaming Control Board, a member of the Nevada Gaming Control Board and an officer of the Nevada National Guard must be applied pursuant to the budget approved by the Legislature notwithstanding the provisions of NRS 281.123.
κ2021 Statutes of Nevada, Page 1799 (CHAPTER 309, AB 493)κ
Gaming Control Board and an officer of the Nevada National Guard must be applied pursuant to the budget approved by the Legislature notwithstanding the provisions of NRS 281.123.
Sec. 15. If the name of an officer or agency has been changed or the responsibilities of an officer or agency have been transferred pursuant to the provisions of another act enacted by the Legislature this session and approved by the Governor and the change in name or transfer of duties is not indicated in this act, any reference to that officer or agency in this act shall be deemed to refer to the officer or agency the name of which or duties of which have been changed or transferred by the other act.
Sec. 16. NRS 612.230 is hereby amended to read as follows:
612.230 1. For the purpose of ensuring the impartial selection of personnel on the basis of merit, the Administrator shall fill all positions in the Division, except the post of Administrator , Deputy Staff Attorney and Senior Attorney, from registers prepared by the Division of Human Resource Management of the Department of Administration, in conformity with such rules, regulations and classification and compensation plans relating to the selection of personnel as may be adopted or prescribed by the Administrator.
2. The Administrator shall select all personnel either from the first five candidates on the eligible lists as provided in this chapter, or from the highest rating candidate within a radius of 60 miles of the place in which the duties of the position will be performed. The Administrator may fix the compensation and prescribe the duties and powers of such personnel, including such officers, accountants, attorneys, experts, and other persons as may be necessary in the performance of the duties under this chapter, and may delegate to any such person such power and authority as the Administrator deems reasonable and proper for its effective administration.
3. The Administrator shall classify positions under this chapter and shall establish salary schedules and minimum personnel standards for the positions so classified. The Administrator shall devise and establish fair and reasonable regulations governing promotions, demotions and terminations for cause in accordance with such established personnel practices as will tend to promote the morale and welfare of the organization.
4. The Administrator may grant educational leave stipends to officers and employees of the Division if all of the cost of the educational leave stipends may be paid from money of the Federal Government.
Sec. 17. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 1800κ
Assembly Bill No. 494Committee on Ways and Means
CHAPTER 310
[Approved: June 3, 2021]
AN ACT relating to state financial administration; making appropriations from the State General Fund and the State Highway Fund for the support of the civil government of the State of Nevada for the 2021-2023 biennium; providing for the use of the money so appropriated; making various other changes relating to the financial administration of the State; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The sums set forth in sections 2 to 32, inclusive, of this act are hereby appropriated from the State General Fund for the purposes expressed in those sections, and for the support of the government of the State of Nevada for Fiscal Year 2021-2022 and Fiscal Year 2022-2023.
2021-2022 2022-2023
Sec. 2. The Office of the Governor.
For the support of the:
Office of the Governor................................................................... $2,868,027 $2,847,144
Office for New Americans............................................................ 182,314 287,129
Governors Office of Finance....................................................... 4,284,699 4,821,190
Governors Office of Finance Special Appropriations......... 8,805,000 320,000
Division of Internal Audits............................................................ 1,644,805 1,683,872
SMART 21....................................................................................... 4,560,477 6,979,480
Governors Mansion....................................................................... 332,280 335,975
High Level Nuclear Waste............................................................ 1,483,866 1,442,892
Governors Office of Energy........................................................ 100 100
Office of Science, Innovation and Technology......................... 4,131,941 4,125,778
Sec. 3. The Office of Lieutenant Governor.
For the support of the Office of the Lieutenant Governor....... $628,057 $644,384
Sec. 4. The Office of Attorney General.
For the support of the:
Attorney General Administration................................................. $284,134 $2,416,610
Special Litigation Account............................................................ 1,303,018 1,302,117
Medicaid Fraud Control Unit........................................................ 100 100
κ2021 Statutes of Nevada, Page 1801 (CHAPTER 310, AB 494)κ
2021-2022 2022-2023
Crime Prevention............................................................................ $638,726 $653,383
Office of the Extradition Coordinator......................................... 606,991 612,134
Bureau of Consumer Protection................................................... 757,189 756,352
Advisory Council for Prosecuting Attorneys............................. 100 100
Grants Unit....................................................................................... 44,754 45,670
Victims of Domestic Violence..................................................... 60,341 62,919
Sec. 5. The Office of Secretary of State.
For the support of the:
Office of the Secretary of State.................................................... $17,573,464 $17,946,243
HAVA Election Reform................................................................ 760,003 805,543
Sec. 6. The Office of State Treasurer.
For the support of the Office of the State Treasurer........................ $381,954 $385,846
Sec. 7. The Office of State Controller.
For the support of the Office of the State Controller...................... $5,618,216 $5,460,805
Sec. 8. Department of Administration.
For the support of the:
National Judicial College and National Council of Juvenile and Family Court Judges.............................................................................. $352,500 $352,500
Directors Office............................................................................. 33,884 31,271
State Public Works Division - Marlette Lake............................ 100 100
State Public Works Division - Facility Condition and Analysis 380,099 388,165
State Library.................................................................................... 2,804,118 2,848,031
Archives and Public Records........................................................ 1,524,031 1,568,015
Office of Grant Procurement, Coordination and Management 544,684 549,034
Sec. 9. Department of Taxation.
For the support of the Department of Taxation................................ $37,872,207 $38,950,237
Sec. 10. Legislative Fund.
For the support of the:
Legislative Commission................................................................ $231,542 $180,276
Audit Division................................................................................. 4,315,371 4,668,128
Administrative Division................................................................ 11,153,585 11,347,751
Legal Division................................................................................. 10,079,433 10,211,491
κ2021 Statutes of Nevada, Page 1802 (CHAPTER 310, AB 494)κ
2021-2022 2022-2023
Research Division........................................................................... $5,387,195 $5,406,198
Fiscal Analysis Division................................................................ 4,688,826 4,757,850
Interim Legislative Operations..................................................... 952,209 793,328
Sec. 11. Supreme Court of Nevada.
For the support of the:
Specialty Court................................................................................ $4,384,251 $4,384,251
Supreme Court of Nevada............................................................. 7,752,504 7,386,094
Supreme Court Law Library......................................................... 1,948,673 2,022,985
Judicial Programs and Services Division................................... 1,478,539 1,488,402
Judicial Retirement System State Share..................................... 1,322,137 1,322,137
Senior Justice and Senior Judge Program................................... 1,056,324 1,028,775
State Judicial Elected Officials..................................................... 24,752,229 25,648,219
Court of Appeals............................................................................. 3,143,792 3,164,109
Sec. 12. Commission on Judicial Discipline.
For the support of the Commission on Judicial Discipline............ $1,188,545 $1,214,439
Sec. 13. Governors Office of Economic Development.
For the support of the:
Governors Office of Economic Development.......................... $6,813,601 $6,835,485
Rural Community Development.................................................. 158,391 162,775
Procurement Outreach Program................................................... 127,253 136,473
Knowledge Account....................................................................... 2,500,000 2,500,000
Workforce Innovations for a New Nevada Account................ 1,500,000 0
Nevada Main Street Program........................................................ 171,016 3,984
Sec. 14. Department of Tourism and Cultural Affairs.
For the support of the:
Museums and History Administration........................................ $267,166 $251,147
Nevada Historical Society, Reno................................................. 297,029 284,607
Nevada State Museum, Carson City............................................ 750,698 709,290
Nevada State Museum, Las Vegas............................................... 776,602 731,097
Lost City Museum.......................................................................... 214,257 202,863
Nevada State Railroad Museums................................................. 589,335 558,493
κ2021 Statutes of Nevada, Page 1803 (CHAPTER 310, AB 494)κ
2021-2022 2022-2023
Nevada Arts Council...................................................................... $642,570 $627,308
Nevada Humanities........................................................................ 100,000 100,000
Nevada Indian Commission.......................................................... 274,534 266,214
Stewart Indian School Living Legacy......................................... 123,199 115,720
Sec. 15. Department of Education.
For the support of the:
Office of the Superintendent......................................................... $2,200,521 $2,208,183
Parental Involvement and Family Engagement......................... 164,904 178,548
Office of Early Learning and Development............................... 20,688,711 20,715,359
Literacy Programs........................................................................... 640,447 647,676
Student and School Support.......................................................... 775,492 1,103,393
Standards and Instructional Support............................................ 1,035,299 1,023,740
District Support Services............................................................... 1,316,902 1,363,007
Career and Technical Education.................................................. 678,013 678,013
Continuing Education.................................................................... 666,089 670,838
Individuals with Disabilities Education Act.............................. 146,330 147,714
Assessments and Accountability.................................................. 12,783,502 12,894,500
Educator Effectiveness.................................................................. 626,904 615,989
Data Systems Management........................................................... 2,740,855 2,615,628
Safe and Respectful Learning....................................................... 1,071,245 1,091,346
Account for Alternative Schools.................................................. 96,743 109,485
Sec. 16. Nevada System of Higher Education.
For the support of the:
System Administration.................................................................. $4,380,250 $4,389,197
Performance Funding Pool............................................................ 0 94,127,422
System Computing Center............................................................ 16,589,145 16,622,502
University Press.............................................................................. 402,100 403,752
Special Projects............................................................................... 2,006,255 2,008,484
Business Center North................................................................... 1,903,741 1,910,919
Business Center South................................................................... 1,728,883 1,735,444
University of Nevada, Reno.......................................................... 119,591,319 96,086,953
UNR Intercollegiate Athletics................................................... 4,820,536 4,826,339
Education for Dependent Children.............................................. 12,614 12,614
κ2021 Statutes of Nevada, Page 1804 (CHAPTER 310, AB 494)κ
2021-2022 2022-2023
UNR Statewide Programs.......................................................... $7,617,413 $7,629,749
Agricultural Experiment Station.................................................. 4,938,868 4,951,427
Cooperative Extension Service..................................................... 3,445,057 3,460,666
UNR School of Medicine........................................................... 33,286,079 33,351,286
Health Laboratory and Research.................................................. 1,577,818 1,583,057
University of Nevada, Las Vegas................................................ 167,375,255 134,489,169
UNLV School of Medicine........................................................ 36,584,508 36,639,495
UNLV Intercollegiate Athletics................................................ 6,947,265 6,954,090
UNLV Statewide Programs....................................................... 3,367,202 3,371,330
UNLV Law School......................................................................... 9,283,923 9,310,653
UNLV Dental School..................................................................... 8,743,692 8,787,852
Great Basin College........................................................................ 13,499,206 10,845,688
Nevada State College..................................................................... 23,596,687 18,960,436
Desert Research Institute............................................................... 6,432,752 6,484,130
College of Southern Nevada......................................................... 98,115,838 78,842,982
Western Nevada College............................................................... 13,051,925 10,487,521
Truckee Meadows Community College..................................... 33,350,553 26,800,550
Silver State Opportunity Grant Program.................................... 4,400,000 4,400,000
Prison Education Program............................................................. 345,484 346,161
Capacity Building Enhancement.................................................. 10,154,398 10,154,398
Western Interstate Commission for Higher Education:
Administration.......................................................................... 328,237 327,543
Loans and Stipends.................................................................. 943,684 943,684
Sec. 17. Department of Health and Human Services.
For the support of the:
Health and Human Services Administration.............................. $1,561,841 $1,566,321
Grants Management Unit.............................................................. 37,250 38,371
State Council on Developmental Disabilities............................ 154,868 157,618
Family Planning.............................................................................. 2,378,116 2,378,178
Data Analytics................................................................................. 861,756 905,348
Patient Protection Commission.................................................... 343,397 340,845
Division of Health Care Financing and Policy:
Nevada Medicaid...................................................................... 955,974,849 1,073,913,387
κ2021 Statutes of Nevada, Page 1805 (CHAPTER 310, AB 494)κ
2021-2022 2022-2023
Health Care Financing and Policy Administration............. $28,276,124 $26,848,914
Nevada Check-Up Program.................................................... 11,974,368 13,434,509
Aging and Disability Services Division:
Federal Programs and Administration.................................. 1,926,026 2,091,443
Autism Treatment Assistance Program................................ 5,144,248 6,226,644
Home- and Community-Based Services............................... 27,048,229 30,203,519
Early Intervention Services..................................................... 31,905,219 34,819,097
Consumer Health Assistance.................................................. 370,789 371,757
Commission for Persons Who Are Deaf and Hard of Hearing 25,000 25,000
Desert Regional Center............................................................ 89,327,153 98,153,193
Sierra Regional Center............................................................. 28,436,647 30,990,306
Rural Regional Center............................................................. 10,853,134 11,873,256
Family Preservation Program................................................. 1,679,658 1,732,392
Division of Child and Family Services:
Community Juvenile Justice Services................................... 3,082,781 3,065,658
Information Services................................................................ 4,124,510 4,274,212
Children, Youth and Family Administration....................... 7,999,413 8,323,098
Nevada Youth Training Center.............................................. 7,270,681 8,436,832
Caliente Youth Center............................................................. 6,460,715 9,335,454
Rural Child Welfare................................................................. 8,266,405 8,650,733
Youth Alternative Placement................................................. 1,798,382 1,399,532
Youth Parole Services.............................................................. 3,267,578 3,341,242
Northern Nevada Child and Adolescent Services............... 4,282,680 4,442,272
Clark County Child Welfare................................................... 50,717,248 51,802,972
Washoe County Child Welfare.............................................. 17,206,318 17,493,782
Southern Nevada Child and Adolescent Services............... 12,670,501 12,977,003
κ2021 Statutes of Nevada, Page 1806 (CHAPTER 310, AB 494)κ
2021-2022 2022-2023
Summit View Youth Center................................................... $6,272,771 $7,267,586
Division of Public and Behavioral Health:
Public Health:
Office of Health Administration............................................ 163,921 163,921
Maternal, Child and Adolescent Health Services............... 913,035 954,169
Community Health Services................................................... 1,278,969 1,413,211
Emergency Medical Services................................................. 715,167 734,963
Immunization Program............................................................ 700,095 700,049
Biostatistics and Epidemiology.............................................. 322,111 336,153
Chronic Disease........................................................................ 500,184 500,470
Health Care Facilities Regulation.......................................... 232,982 237,627
Behavioral Health:
Southern Nevada Adult Mental Health Services................ 88,569,828 90,359,510
Northern Nevada Adult Mental Health Services................ 21,890,106 24,639,134
Facility for the Mental Offender............................................ 12,809,330 13,118,739
Rural Clinics.............................................................................. 12,121,159 13,278,267
Behavioral Health Prevention and Treatment..................... 6,047,277 6,119,756
Problem Gambling................................................................... 1,939,502 1,945,806
Division of Welfare and Supportive Services:
Welfare Administration........................................................... 12,180,194 12,648,204
Welfare Field Services............................................................. 48,525,589 53,458,651
Assistance to Aged and Blind................................................ 10,989,273 11,223,991
Temporary Assistance for Needy Families.......................... 24,607,702 24,607,702
Child Assistance and Development....................................... 2,580,421 2,580,421
Sec. 18. Office of the Military.
For the support of the:
Office of the Military..................................................................... $4,682,488 $4,820,369
National Guard Benefits................................................................ 57,818 57,818
Patriot Relief Fund.......................................................................... 113,376 113,376
Division of Emergency Management.......................................... 419,096 426,041
Homeland Security......................................................................... 157,017 159,684
κ2021 Statutes of Nevada, Page 1807 (CHAPTER 310, AB 494)κ
2021-2022 2022-2023
Sec. 19. Department of Veterans Services.
For the support of the:
Department of Veterans Services................................................. $2,864,794 $2,954,696
Northern Nevada Veterans Home Account................................ 351,881 363,167
Sec. 20. Department of Corrections.
For the support of the:
Office of the Director..................................................................... $30,636,200 $30,265,150
Prison Medical Care....................................................................... 50,117,345 51,599,698
Correctional Programs................................................................... 9,124,027 9,383,452
Southern Nevada Correctional Center......................................... 223,993 224,518
Southern Desert Correctional Center........................................... 28,508,260 29,445,282
Nevada State Prison........................................................................ 72,576 72,558
Northern Nevada Correctional Center......................................... 30,993,214 31,309,271
Warm Springs Correctional Center............................................. 12,637,254 12,966,517
Ely State Prison............................................................................... 25,577,025 26,437,060
Lovelock Correctional Center....................................................... 27,474,159 28,279,964
Florence McClure Womens Correctional Center.................... 18,468,787 19,154,281
Stewart Conservation Camp......................................................... 1,911,484 1,964,739
Ely Conservation Camp................................................................. 482,460 116,725
Humboldt Conservation Camp..................................................... 1,538,046 1,589,687
Three Lakes Valley Conservation Camp.................................... 3,091,941 3,200,172
Jean Conservation Camp............................................................... 1,780,273 1,847,556
Pioche Conservation Camp........................................................... 1,948,545 2,014,521
Carlin Conservation Camp............................................................ 1,475,375 1,521,153
Wells Conservation Camp............................................................. 1,438,421 1,486,694
Silver Springs Conservation Camp.............................................. 4,820 4,820
Tonopah Conservation Camp....................................................... 1,501,010 1,553,237
Northern Nevada Transitional Housing...................................... 638,918 631,091
High Desert State Prison................................................................ 59,128,739 61,025,206
Casa Grande Transitional Housing.............................................. 3,817,573 3,867,791
Sec. 21. Department of Business and Industry.
For the support of the:
Business and Industry Administration........................................ $791,939 $811,490
κ2021 Statutes of Nevada, Page 1808 (CHAPTER 310, AB 494)κ
2021-2022 2022-2023
Office of Business and Planning.................................................. $347,226 $358,196
Real Estate Administration........................................................... 1,617,105 1,617,836
Office of Labor Commissioner..................................................... 1,837,121 2,072,924
Sec. 22. State Department of Agriculture.
For the support of the:
Agriculture Administration........................................................... $285,681 $193,667
Plant Health and Quarantine Services......................................... 497,245 512,983
Veterinary Medical Services......................................................... 982,314 957,297
Predatory Animal and Rodent Control........................................ 931,698 945,301
Nutrition Education Programs...................................................... 729,996 730,312
Livestock Enforcement.................................................................. 257,239 265,174
Commodity Foods Distribution.................................................... 160,506 160,506
Sec. 23. State Department of Conservation and Natural Resources.
For the support of the:
Conservation and Natural Resources Administration.............. $1,119,881 $1,256,989
Division of State Parks.................................................................. 7,199,630 7,111,371
Nevada Tahoe Regional Planning Agency................................. 1,584 1,584
Division of Forestry........................................................................ 7,894,182 7,813,583
Forest Fire Suppression................................................................. 4,439,179 4,435,612
Forestry Conservation Camps....................................................... 6,527,983 6,674,080
Wildland Fire Protection Program............................................... 50,000 50,000
Division of Water Resources........................................................ 7,495,586 7,438,733
Division of State Lands.................................................................. 1,578,108 1,616,495
Division of Natural Heritage......................................................... 200,000 0
Division of Outdoor Recreation................................................... 526,711 531,349
Conservation Districts Program................................................... 494,501 553,501
Office of Historic Preservation..................................................... 445,210 526,048
Comstock Historic District............................................................ 209,668 212,423
Sec. 24. Tahoe Regional Planning Agency.
For the support of the Tahoe Regional Planning Agency.............. $1,705,401 $1,705,401
κ2021 Statutes of Nevada, Page 1809 (CHAPTER 310, AB 494)κ
2021-2022 2022-2023
Sec. 25. Department of Wildlife.
For the support of the:
Law Enforcement............................................................................ $57,402 $57,402
Fisheries Management................................................................... 150,918 150,918
Game Management......................................................................... 84,201 84,201
Diversity Division........................................................................... 436,940 441,322
Conservation Education................................................................. 234,227 234,227
Habitat............................................................................................... 156,332 156,332
Sec. 26. Department of Employment, Training and Rehabilitation.
For the support of the:
Nevada Equal Rights Commission.............................................. $1,529,840 $1,730,891
Bureau of Vocational Rehabilitation........................................... 2,412,597 2,400,644
Bureau of Services to Persons Who Are Blind or Visually Impaired 496,294 521,112
Commission on Postsecondary Education.................................. 541,435 573,333
Governors Office of Workforce Innovation............................. 2,541 2,541
Nevada P20 Workforce Reporting............................................... 859,571 866,624
Sec. 27. Department of Motor Vehicles.
For the support of the:
Division of Field Services............................................................. $23,915 $23,915
Division of Central Services and Records.................................. 4,565 4,565
Sec. 28. Department of Public Safety.
For the support of the:
Training Division............................................................................ $1,295,643 $1,317,690
Justice Grant.................................................................................... 265,874 230,196
Nevada Highway Patrol Division................................................ 60,955 60,955
Dignitary Protection....................................................................... 1,310,413 1,327,190
Investigation Division.................................................................... 6,412,243 6,557,405
State Board of Parole Commissioners......................................... 3,458,675 3,334,404
Division of Parole and Probation................................................. 53,657,301 55,375,244
Central Repository for Nevada Records of Criminal History. 276,725 276,725
Child Volunteer Background Checks.......................................... 15,086 15,086
State Fire Marshal........................................................................... 100 100
Nevada Office of Cyber Defense Coordination......................... 502,424 512,157
κ2021 Statutes of Nevada, Page 1810 (CHAPTER 310, AB 494)κ
2021-2022 2022-2023
Sec. 29. Commission on Ethics.
For the support of the Commission on Ethics.................................. $244,300 $242,795
Sec. 30. Public Employees Benefits Program.
For the support of the Public Employees Benefits Program........ $6,009,449 $6,009,449
Sec. 31. Department of Indigent Defense Services.
For the support of the:
Department of Indigent Defense Services.................................. $1,045,351 $1,060,769
Office of the State Public Defender............................................. 1,478,503 1,482,579
Sec. 32. Department of Sentencing Policy.
For the support of the Department of Sentencing Policy............... $503,781 $508,654
Sec. 33. The following sums are hereby appropriated from the State Highway Fund for the purposes expressed in this section for Fiscal Year 2021-2022 and Fiscal Year 2022-2023:
Department of Motor Vehicles:
Office of the Director..................................................................... $2,822,434 $2,677,902
Administrative Services Division................................................ 8,893,331 9,206,466
Hearings Office............................................................................... 1,316,988 1,320,396
Automation...................................................................................... 6,454,435 6,538,550
Division of Field Services............................................................. 14,188,992 14,937,253
Division of Compliance Enforcement......................................... 6,992,665 7,150,669
Division of Central Services and Records.................................. 3,691,699 3,909,320
Division of Management Services and Programs..................... 1,547,989 1,592,137
Motor Carrier Division.................................................................. 2,646,513 2,677,734
System Technology Application Redesign................................ 15,846,285 23,384,774
Department of Public Safety:
Training Division............................................................................ $947,430 $963,135
Nevada Highway Patrol Division................................................ 76,490,341 78,955,061
Highway Safety Plan and Administration.................................. 365,134 380,158
Investigation Division.................................................................... 430,005 440,689
State Emergency Response Commission.................................... 246,048 230,214
Highway Safety Grants Account.................................................. 45,857 47,141
Department of Business and Industry:
Transportation Authority............................................................... $2,682,772 $2,654,126
Legislative Fund:
Legislative Commission................................................................ $5,000 $5,000
κ2021 Statutes of Nevada, Page 1811 (CHAPTER 310, AB 494)κ
2021-2022 2022-2023
Governors Office of Finance:
..... SMART 21................................................................................ $1,064,446 $1,631,885
Sec. 34. 1. Except as otherwise provided in subsection 3, the sums appropriated in this act must be:
(a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive; and
(b) Work-programmed for the two separate fiscal years of the 2021-2023 biennium, as required by NRS 353.215. Work programs may be revised with the approval of the Governor upon the recommendation of the Director of the Office of Finance in the Office of the Governor and in accordance with the provisions of the State Budget Act.
2. Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
3. Pursuant to law, sums appropriated for the support of the Supreme Court of Nevada, the Legislative Fund and the Tahoe Regional Planning Agency are excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive.
Sec. 35. The sums appropriated to:
1. Forest Fire Suppression;
2. National Guard Benefits;
3. Maternal, Child and Adolescent Health Services;
4. Immunization Program;
5. Welfare Administration;
6. Welfare Field Services;
7. Temporary Assistance for Needy Families;
8. Assistance to Aged and Blind;
9. Child Assistance and Development;
10. Nevada Medicaid;
11. Health Care Financing and Policy Administration;
12. Nevada Check-Up Program;
13. Rural Child Welfare;
14. Attorney Generals Special Litigation Account;
15. Attorney Generals Office of the Extradition Coordinator;
16. Clark County Child Welfare;
17. Washoe County Child Welfare;
18. Child Volunteer Background Checks;
19. High Level Nuclear Waste;
20. Department of Educations Assessments and Accountability;
21. Problem Gambling; and
22. System Technology Application Redesign,
Κ are available for both Fiscal Year 2021-2022 and Fiscal Year 2022-2023, and may be transferred from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 36. Of the amounts appropriated by sections 2 to 32, inclusive, of this act, the amounts appropriated in both Fiscal Year 2021-2022 and Fiscal Year 2022-2023 to finance deferred maintenance and extraordinary maintenance projects approved within agency budgets are available for both Fiscal Year 2021-2022 and Fiscal Year 2022-2023 and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor.
κ2021 Statutes of Nevada, Page 1812 (CHAPTER 310, AB 494)κ
within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to complete the deferred maintenance as approved by the Legislature.
Sec. 37. Of the amounts appropriated to the Office of Science, Innovation and Technology in the Office of the Governor by section 2 of this act, $1,000,000 in Fiscal Year 2021-2022 and $1,000,000 in Fiscal Year 2022-2023 to fund the development and improvement of broadband for schools and libraries, are available for both Fiscal Year 2021-2022 and Fiscal Year 2022-2023, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to pay for the development and improvement of broadband for schools and libraries as approved by the Legislature.
Sec. 38. Of the amounts appropriated to the Governors Office of Finance by section 2 of this act to the Special Appropriations budget account, a total of $25,000 in Fiscal Year 2021-2022 is intended to support Civil Air Patrol operations and is available for both Fiscal Year 2021-2022 and Fiscal Year 2022-2023 and may be transferred within the same budget account from Fiscal Year 2021-2022 to Fiscal Year 2022-2023. Any amount so transferred must be used to pay for Civil Air Patrol operations as approved by the Legislature.
Sec. 39. Of the amounts appropriated to the Governors Office of Finance by section 2 of this act to the Special Appropriations budget account, a total of $8,530,000 in Fiscal Year 2021-2022 is intended to support grants to establish new or expanded Graduate Medical Education programs and is available for both Fiscal Year 2021-2022 and Fiscal Year 2022-2023 and may be transferred within the same budget account from Fiscal Year 2021-2022 to Fiscal Year 2022-2023. Any amount so transferred must be used to support grants to establish new or expanded Graduate Medical Education programs as approved by the Legislature.
Sec. 40. Of the amounts appropriated to the Office of the Secretary of State by section 5 of this act, $607,416 in Fiscal Year 2021-2022 and $607,416 in Fiscal Year 2022-2023 to fund enhancements to the Cenuity system, are available for both Fiscal Year 2021-2022 and Fiscal Year 2022-2023, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to pay for Cenuity system enhancements as approved by the Legislature.
Sec. 41. Of the amounts appropriated to the Supreme Court of Nevada by section 11 of this act:
1. The amount of $192,120 in Fiscal Year 2021-2022 to fund an upgrade to the Courts interface with the Nevada Criminal Justice Information System of the Department of Public Safety which is not committed for expenditure by June 30, 2022, must be transferred to the Supreme Court of Nevada budget account as soon as practicable after June 30, 2022. Any amount so transferred must be used to upgrade the Courts interface with the Nevada Criminal Justice Information System of the Department of Public Safety in Fiscal Year 2022-2023 as approved by the Legislature. Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program to transfer money pursuant to this subsection.
κ2021 Statutes of Nevada, Page 1813 (CHAPTER 310, AB 494)κ
money pursuant to this subsection. The unexpended balance of the amount transferred pursuant to this subsection must not be committed for expenditure after June 30, 2023, and must be reverted to the State General Fund on or before September 15, 2023.
2. The amount of $60,450 in Fiscal Year 2021-2022 to fund an upgrade to the Courts Multi-County Integrated Justice Information System to allow for the electronic transmittal of temporary protective orders which is not committed for expenditure by June 30, 2022, must be transferred to the Supreme Court of Nevada budget account as soon as practicable after June 30, 2022. Any amount so transferred must be used to upgrade the Courts Multi-County Integrated Justice Information System to allow for the electronic transmittal of temporary protective orders in Fiscal Year 2022-2023 as approved by the Legislature. Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program to transfer money pursuant to this subsection. The unexpended balance of the amount transferred pursuant to this subsection must not be committed for expenditure after June 30, 2023, and must be reverted to the State General Fund on or before September 15, 2023.
Sec. 42. Of the amounts appropriated to the Department of Education by section 15 of this act for the Data Systems Management budget account, $40,000 in Fiscal Year 2021-2022 to support system costs associated with virtual auditing of hospitals or other licensed facilities that receive reimbursement for educational services pursuant to NRS 387.1225, is available for both Fiscal Year 2021-2022 and Fiscal Year 2022-2023, and may be transferred within the same budget account from Fiscal Year 2021-2022 to Fiscal Year 2022-2023 with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to support system costs associated with virtual auditing of hospitals or other licensed facilities that receive reimbursement for educational services pursuant to NRS 387.1225 as approved by the Legislature.
Sec. 43. Of the amounts appropriated to the Department of Education by section 15 of this act for the Educator Effectiveness budget account, $21,500 in Fiscal Year 2021-2022 is available for both Fiscal Year 2021-2022 and Fiscal Year 2022-2023, and may be transferred within the same budget account from Fiscal Year 2021-2022 to Fiscal Year 2022-2023 with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to pay for the administration and monitoring of programs related to financial literacy as approved by the Legislature.
Sec. 44. Of the amounts appropriated to the Division of Public and Behavioral Health of the Department of Health and Human Services by section 17 of this act to the Northern Nevada Adult Mental Health Services budget account, $693,139 in Fiscal Year 2021-2022 and $1,082,538 in Fiscal Year 2022-2023 to fund community-based living arrangement services, are available for both Fiscal Year 2021-2022 and Fiscal Year 2022-2023, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to pay for community-based living arrangement services as approved by the Legislature.
κ2021 Statutes of Nevada, Page 1814 (CHAPTER 310, AB 494)κ
Sec. 45. Of the amounts appropriated to the Office of the Military by section 18 of this act, $405,000 in Fiscal Year 2021-2022 and $405,000 in Fiscal Year 2022-2023 to finance the Nevada National Guard Youth Challenge program are available for both Fiscal Year 2021-2022 and Fiscal Year 2022-2023 and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used for the continued implementation and operation of the Nevada National Guard Youth Challenge program as approved by the Legislature.
Sec. 46. Of the amounts appropriated to the State Department of Conservation and Natural Resources by section 23 of this act for the Conservation and Natural Resources Administration budget account, $179,680 in Fiscal Year 2021-2022 and $179,680 in Fiscal Year 2022-2023 to fund contract services to update the Conservation Credit System Manual and Nevadas Scientific Methods Document and Habitat Quantification Tool, are available in both Fiscal Year 2021-2022 and Fiscal Year 2022-2023, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to pay for contract services to update the Conservation Credit System Manual and Nevadas Scientific Methods Document and Habitat Quantification Tool as approved by the Legislature.
Sec. 47. Of the amounts appropriated to the State Department of Conservation and Natural Resources by section 23 of this act for the Division of Natural Heritage budget account, $200,000 in Fiscal Year 2021-2022 to fund contract scientists to support Nevadas Climate Initiative is available for both Fiscal Year 2021-2022 and Fiscal Year 2022-2023, and may be transferred within the same budget account from Fiscal Year 2021-2022 to Fiscal Year 2022-2023 with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to pay for contract scientists to support Nevadas Climate Initiative as approved by the Legislature.
Sec. 48. Of the amounts appropriated to the Department of Public Safety by section 28 of this act for the Division of Parole and Probation budget account, $1,311,601 in Fiscal Year 2021-2022 to fund the replacement of the Offender Tracking Information System is available for both Fiscal Year 2021-2022 and Fiscal Year 2022-2023, and may be transferred within the same budget account from Fiscal Year 2021-2022 to Fiscal Year 2022-2023 with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used for the replacement of the Offender Tracking Information System as approved by the Legislature.
Sec. 49. Of the amounts appropriated to the Department of Motor Vehicles by section 33 of this act for the Administrative Services Division budget account, $2,000,000 in Fiscal Year 2021-2022 and $2,000,000 in Fiscal Year 2022-2023 to fund credit card fees are available for both Fiscal Year 2021-2022 and Fiscal Year 2022-2023, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to pay credit card fees as approved by the Legislature.
κ2021 Statutes of Nevada, Page 1815 (CHAPTER 310, AB 494)κ
Sec. 50. Any remaining balance of the $1,000,000 appropriation from the State General Fund approved by the 2015 Legislature for sagebrush habitat improvement projects does not revert to the State General Fund.
Sec. 51. Any money remaining in the Catalyst Account created by NRS 231.1573 at the end of Fiscal Year 2020-2021 does not revert to the State General Fund. The balance in the Account and any portion of appropriations remaining at the end of Fiscal Year 2020-2021 must be carried forward to Fiscal Year 2021-2022. Any balance in the Account and any portion of appropriations made to the Account remaining at the end of Fiscal Year 2021-2022 must be carried forward. Notwithstanding the provisions of NRS 231.1573 to the contrary, any balance in the Account and any portion of appropriations made to the Account remaining at the end of Fiscal Year 2022-2023 must not be committed for expenditure after June 30, 2023, and must be reverted to the State General Fund by September 15, 2023.
Sec. 52. Any money remaining in the Knowledge Account created by NRS 231.1592 and the Account for the Nevada Main Street Program created by NRS 231.1536 at the end of Fiscal Year 2020-2021 and any remaining portion of any appropriations made to those Accounts for the 2019-2021 biennium do not revert to the State General Fund. The balance in those Accounts and any portion of appropriations remaining at the end of Fiscal Year 2020-2021 must be carried forward to Fiscal Year 2021-2022. Any balance in those Accounts and any portion of appropriations made to those Accounts remaining at the end of Fiscal Year 2021-2022 and Fiscal Year 2022-2023, respectively, must be carried forward.
Sec. 53. Any money remaining in the Workforce Innovations for a New Nevada Account created by NRS 231.151 at the end of Fiscal Year 2021-2022 does not revert to the State General Fund and must be carried forward to Fiscal Year 2022-2023. Any money remaining in the Account at the end of Fiscal Year 2022-2023 must not be committed for expenditure after June 30, 2023, and must be reverted to the State General Fund by September 15, 2023.
Sec. 54. 1. Any money remaining in the Workforce Innovations for a New Nevada Account created by NRS 231.151 at the end of Fiscal Year 2020-2021 and any remaining portion of any appropriations made to the Account for the 2019-2021 biennium does not revert to the State General Fund.
2. The balance in the Account and any portion of appropriations remaining at the end of Fiscal Year 2020-2021 must be carried forward to Fiscal Year 2021-2022.
3. Any balance in the Account and any portion of appropriations made to the Account remaining at the end of Fiscal Year 2021-2022 and Fiscal Year 2022-2023, respectively, must be carried forward.
Sec. 55. Any remaining balance of the appropriation made to the Nevada System of Higher Education by section 16 of this act for the Education for Dependent Children budget account does not revert to the State General Fund pursuant to NRS 396.545.
Sec. 56. The sums appropriated to any division, agency or section of any department of State Government for the support of salaries and payroll costs may be transferred to any other division, bureau, agency or section of the same department for the support of salaries and payroll costs with the approval of the Interim Finance Committee upon the recommendation of the Governor. The amount transferred into a budget account is limited to the amount budgeted for vacancy savings.
κ2021 Statutes of Nevada, Page 1816 (CHAPTER 310, AB 494)κ
amount budgeted for vacancy savings. Such transfers are also limited only to those activities which are supported by appropriations from the State General Fund or the State Highway Fund.
Sec. 57. 1. The sums appropriated to the Legislative Fund by section 10 of this act for the support of the Legislative Commission, the divisions of the Legislative Counsel Bureau and Interim Legislative Operations are available for both Fiscal Year 2021-2022 and Fiscal Year 2022-2023, and may be transferred among the Legislative Commission, the divisions of the Legislative Counsel Bureau and Interim Legislative Operations and from one fiscal year to the other with the approval of the Legislative Commission upon the recommendation of the Director of the Legislative Counsel Bureau.
2. The sums appropriated for the support of salaries and payroll costs must be applied pursuant to the budget approved by the Legislature notwithstanding the provisions of NRS 281.123.
Sec. 58. The sums appropriated to the Division of Welfare and Supportive Services of the Department of Health and Human Services by section 17 of this act may be transferred among the various budget accounts of the Division of Welfare and Supportive Services with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 59. The sums appropriated to the Division of Health Care Financing and Policy of the Department of Health and Human Services for the Nevada Medicaid and the Nevada Check-Up Program budget accounts by section 17 of this act may be transferred between those budget accounts with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 60. The sums appropriated to the Division of Child and Family Services of the Department of Health and Human Services for the Summit View Youth Center, Caliente Youth Center and the Nevada Youth Training Center budget accounts by section 17 of this act may be transferred between those budget accounts with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 61. The sums appropriated to the Division of Child and Family Services of the Department of Health and Human Services for the Northern Nevada Child and Adolescent Services and Southern Nevada Child and Adolescent Services budget accounts by section 17 of this act may be transferred between those budget accounts with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 62. It is the intent of the Legislature that the amounts appropriated by section 17 of this act to the Division of Health Care Financing and Policy of the Department of Health and Human Services for the Nevada Medicaid and the Nevada Check-Up Program budget accounts must be expended in such a manner as to continue the current service delivery model for prescription drugs in which persons enrolled in Medicaid and Check-Up managed care programs receive prescription drugs through a Medicaid managed care organization in the 2021-2023 biennium.
Sec. 63. The sums appropriated to the Public Employees Benefits Program pursuant to section 30 of this act may only be expended for the purposes of funding a 1-month state participant premium holiday in Fiscal Year 2021-2022 and Fiscal Year 2022-2023 and any funds otherwise unexpended for this purpose must be reverted to the State General Fund at the end of Fiscal Year 2021-2022 and Fiscal Year 2022-2023, respectively.
κ2021 Statutes of Nevada, Page 1817 (CHAPTER 310, AB 494)κ
Sec. 64. 1. Notwithstanding the provisions of subsection 2 of NRS 432B.2185, the Division of Child and Family Services of the Department of Health and Human Services shall identify the dollar amount of services provided through the Medicaid state plan option originally approved on August 7, 2020, including any amendments or adjustments, for specialized foster care that duplicates services funded by amounts appropriated by section 17 of this act to the Division of Child and Family Services for the Clark County Child Welfare and Washoe County Child Welfare budget accounts and revert to the State General Fund the identified dollar amount at the end of each fiscal year in the 2021-2023 biennium. Reversions must not exceed the amount originally determined for support of specialized foster care: $1,432,416 per fiscal year for the Washoe County Child Welfare budget account and $2,998,632 per fiscal year for the Clark County Child Welfare budget account.
2. The Division of Child and Family Services shall identify the dollar amount of services provided through the Medicaid state plan option originally approved on August 7, 2020, including any amendments or adjustments, for specialized foster care that duplicates services funded by amounts appropriated by section 17 of this act to the Division of Child and Family Services for the Rural Child Welfare budget account and revert to the State General Fund the identified dollar amount at the end of each fiscal year in the 2021-2023 biennium. Reversions must not exceed the amount of State General Fund money appropriated for support of such specialized foster care: $516,888 in Fiscal Year 2021-2022 and $527,626 in Fiscal Year 2022-2023.
Sec. 65. 1. The Department of Health and Human Services may, with the approval of the Interim Finance Committee upon the recommendation of the Governor, transfer from the various divisions of the Department to an account which is hereby created within the State General Fund any excess money available to the divisions as a result of savings from not providing health and related services, including, without limitation, savings recognized by using a different source of funding to pay the providers of services if the persons previously served by a division no longer require the provision of services from the division of the Department.
2. Any money transferred to the account created by subsection 1, to the extent approved by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services and authorized by the State Plan for Medicaid, must:
(a) Be used to pay administrative and related costs and the States share of the cost for the expansion of the upper payment limit program. Any money to pay the States share of the cost for the expansion of the upper payment limit program must be transferred not later than September 30 of the following fiscal year for the benefit of that years upper payment limit program.
(b) After being used to satisfy the requirements of paragraph (a), be, as appropriate:
(1) Reserved for reversion to the State General Fund and reverted to the State General Fund at the end of each fiscal year of the 2021-2023 biennium; or
(2) Transferred to the Fund for a Healthy Nevada created by NRS 439.620 at the end of each fiscal year of the 2021-2023 biennium.
Sec. 66. The sums appropriated to the Aging and Disability Services Division of the Department of Health and Human Services by section 17 of this act for the Desert Regional Center, Sierra Regional Center and Rural Regional Center budget accounts may be transferred between those budget accounts for residential support, family support and respite and jobs and day training services with the approval of the Interim Finance Committee upon the recommendation of the Governor.
κ2021 Statutes of Nevada, Page 1818 (CHAPTER 310, AB 494)κ
Regional Center budget accounts may be transferred between those budget accounts for residential support, family support and respite and jobs and day training services with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 67. 1. Except as otherwise provided in subsection 2, the sums appropriated to the Department of Corrections by section 20 of this act may be transferred among the various budget accounts of the Department of Corrections in the same manner and within the same limits as allowed for revisions of work programs in NRS 353.220.
2. The provisions of subsection 1 do not apply to appropriations to the Department for:
(a) Deferred maintenance and extraordinary maintenance projects transferred pursuant to section 36 of this act.
(b) The sums appropriated to the Ely Conservation Camp budget account pursuant to section 20 of this act except for inmate-driven costs budgeted for Fiscal Year 2021-2022 with the approval of the Interim Finance Committee.
Sec. 68. The sums appropriated to the Nevada System of Higher Education by section 16 of this act may be transferred among the various budget accounts of the Nevada System of Higher Education with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 69. Except as otherwise provided in this section, the sums appropriated to the Division of Child and Family Services of the Department of Health and Human Services by section 17 of this act for the Clark County Child Welfare and Washoe County Child Welfare budget accounts for the purpose of providing respite and block grant allocations to agencies which provide child welfare services in a county whose population is 100,000 or more, are limits. The Division shall not request additional sums for these programs, except that the Division may request additional sums for the adoption assistance programs established in NRS 432B.219.
Sec. 70. Except as otherwise provided in this section, the total sums appropriated by section 17 of this act to each of the budget accounts of the Division of Health Care Financing and Policy and the Division of Welfare and Supportive Services of the Department of Health and Human Services enumerated in section 35 of this act, except for the sums appropriated for the Welfare Administration, Welfare Field Services, Assistance to Aged and Blind and Health Care Financing and Policy Administration budget accounts, are limits. The Division of Health Care Financing and Policy or Division of Welfare and Supportive Services shall not request additional money for these programs, except for:
1. Increased State costs in Fiscal Year 2021-2022 and Fiscal Year 2022-2023 in the event that federal financial participation rates are less than the amounts approved by the Legislature effective on October 1, 2021;
2. Costs related to additional services mandated by the Federal Government on or after October 1, 2021, and which are not specifically funded in the Nevada Medicaid budget account in Fiscal Year 2021-2022 and Fiscal Year 2022-2023;
3. Costs related to the Medicaid county match and waiver populations that exceed the 8-cent county reimbursement cap established pursuant to NRS 428.285;
4. Increased State costs in Fiscal Year 2021-2022 and Fiscal Year 2022-2023, in the event that the annual allocation of federal Temporary Assistance for Needy Families block grant funds is lower than the amounts approved by the Legislature for either fiscal year;
κ2021 Statutes of Nevada, Page 1819 (CHAPTER 310, AB 494)κ
Assistance for Needy Families block grant funds is lower than the amounts approved by the Legislature for either fiscal year;
5. Increased State costs in Fiscal Year 2021-2022 and Fiscal Year 2022-2023 due to federal changes in the payment structure of Nevada Medicaid or the Nevada Check-Up Program; and
6. Increased State costs in Fiscal Year 2021-2022 and Fiscal Year 2022-2023 due to higher than budgeted prescription drug costs for fee-for-service participants.
Sec. 71. In addition to the requirements of NRS 353.225, for Fiscal Year 2021-2022 and Fiscal Year 2022-2023, the Board of Regents of the University of Nevada shall comply with any request by the Governor to set aside money from the appropriations made by this act in any specified amount.
Sec. 72. 1. Of the sums appropriated by section 16 of this act, any amounts used to match documented research grants in the Nevada System of Higher Education which are not committed for expenditure by June 30 of each fiscal year of the 2021-2023 biennium may be carried forward for a maximum of 2 fiscal years, after which time any unexpended amounts must be reverted to the State General Fund.
2. All money appropriated by section 16 of this act, other than the amounts described in subsection 1 to match documented research grants, is subject to the provisions of section 93 of this act.
Sec. 73. 1. The sum appropriated to the Nevada System of Higher Education for the Performance Funding Pool budget account by section 16 of this act for Fiscal Year 2022-2023 may be transferred to the respective formula-funded budget accounts of the Nevada System of Higher Education in Fiscal Year 2022-2023 with the approval of the Interim Finance Committee upon the recommendation of the Governor.
2. Any balance of money appropriated for Fiscal Year 2022-2023 but not transferred from the Performance Funding Pool budget account in Fiscal Year 2022-2023 pursuant to subsection 1 may be carried forward to Fiscal Year 2023-2024 for transfer to the respective formula-funded budget accounts in Fiscal Year 2023-2024 with the approval of the Interim Finance Committee upon the recommendation of the Governor.
3. Any remaining balance of money appropriated for Fiscal Year 2022-2023 but not transferred from the Performance Funding Pool budget account in Fiscal Year 2022-2023 or Fiscal Year 2023-2024 may be carried forward to Fiscal Year 2024-2025 for transfer to the Nevada System of Higher Education in Fiscal Year 2024-2025 to be used for system-wide, need-based student financial aid with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 74. 1. If the Director of the State Department of Conservation and Natural Resources determines that, because of delays in the receipt of revenue for services billed to the Federal Government, local governments and other state governments, the amount of current claims for expenses incurred in the suppression of fire or response to emergencies exceeds the amount of money available to pay such claims within 30 days, he or she may request from the Director of the Office of Finance in the Office of the Governor a temporary advance from the State General Fund to pay authorized expenses.
2. The Director of the Office of Finance in the Office of the Governor shall provide written notification to the State Controller and to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau if he or she approves a request made pursuant to subsection 1.
κ2021 Statutes of Nevada, Page 1820 (CHAPTER 310, AB 494)κ
Legislative Counsel Bureau if he or she approves a request made pursuant to subsection 1. The State Controller shall draw his or her warrant upon receipt of such a notification.
3. An advance from the State General Fund:
(a) May be approved by the Director of the Office of Finance in the Office of the Governor only for expenses incurred in the suppression of fires or response to emergencies charged to the Forest Fire Suppression budget account of the Division of Forestry of the State Department of Conservation and Natural Resources. Before approving the advance, the Director shall verify that billings for reimbursement have been sent to the agencies of the Federal Government, local governments or other state governments responsible for reimbursing the Division of Forestry for costs incurred in fire suppression or emergency response activities.
(b) Is limited to the total due from outstanding billings for reimbursable expenses incurred in the suppression of fires or response to emergencies as approved for payment to the State by agencies of the Federal Government, local governments and other state governments.
4. Any money which is temporarily advanced from the State General Fund to the Forest Fire Suppression budget account pursuant to this section must be repaid on or before the last business day in August immediately following the end of the fiscal year in which the temporary advance was approved.
Sec. 75. 1. If the Governor orders the Nevada National Guard into active duty as described in NRS 412.122 for an emergency, as defined in subsection 1 of NRS 353.263, and the Adjutant General of the Nevada National Guard determines expenditures will be required, the Adjutant General may request from the Director of the Office of Finance in the Office of the Governor a temporary advance from the State General Fund for the payment of authorized expenses.
2. The Director of the Office of Finance in the Office of the Governor shall provide written notification to the State Controller and to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of a request made pursuant to subsection 1. The State Controller shall draw his or her warrant upon receipt of the approval by the Director of the Office of Finance in the Office of the Governor.
3. An advance from the State General Fund:
(a) Must be approved by the Director of the Office of Finance in the Office of the Governor for expenses incurred as a result of activation of the Nevada National Guard.
(b) Is limited to $25,000 per activation as described in subsection 1.
4. Any money which is temporarily advanced from the State General Fund to a budget account pursuant to subsection 2 must be repaid as soon as possible, and must come from the Emergency Account created by NRS 353.263.
Sec. 76. 1. If the Director of the Department of Veterans Services determines that delays in the receipt of federal reimbursement for services provided by the Northern Nevada Veterans Home will result in insufficient revenues to pay authorized expenditures, the Director may submit a request for a temporary advance from the State General Fund to the Director of the Office of Finance in the Office of the Governor to pay authorized expenditures to support operational costs of the Northern Nevada Veterans Home.
κ2021 Statutes of Nevada, Page 1821 (CHAPTER 310, AB 494)κ
2. The Director of the Office of Finance in the Office of the Governor shall provide written notification to the State Controller and to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau if he or she approves a request made pursuant to subsection 1. The State Controller shall draw his or her warrant upon receipt of such a notification.
3. An advance from the State General Fund approved by the Director of the Office of Finance as authorized pursuant to this section is limited to the total reimbursement due from the Federal Government for operational costs incurred by the Northern Nevada Veterans Home.
4. Any money which is temporarily advanced from the State General Fund to pay authorized expenditures to support operational costs of the Northern Nevada Veterans Home pursuant to this section must be repaid on or before the last business day in August immediately following the end of the fiscal year in which the temporary advance was approved.
Sec. 77. There is hereby appropriated from the State Highway Fund to the Department of Motor Vehicle for the System Technology Application Redesign budget account the sums of $6,708,275 in Fiscal Year 2021-2022 and $6,860,553 in Fiscal Year 2022-2023 to support the Departments plan to redesign its computer system.
Sec. 78. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $1,090,216 in Fiscal Year 2021-2022 and the sum of $1,506,999 in Fiscal Year 2022-2023 for staffing, operational and inmate-driven costs related to the Ely Conservation Camp for allocation to the Ely Conservation Camp budget account of the Department of Corrections upon demonstration by the Department of Corrections that the Ely Conservation Camp will be reopened and upon recommendation of the Governor.
2. Any remaining balance of the appropriations made by subsection 1 must not be committed for expenditure after June 30, of the respective fiscal years, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner. Any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
Sec. 79. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $4,505,931 in Fiscal Year 2021-2022 and the sum of $4,675,942 in Fiscal Year 2022-2023 for expenditures related to 52 vacant Correctional Officer positions assigned to three closed housing units located at Ely State Prison for allocation to the Department of Corrections if housing units are required to be reopened to address an unforeseen increase in the inmate population and upon recommendation of the Governor.
2. Any remaining balance of the appropriations made by subsection 1 must not be committed for expenditure after June 30, of the respective fiscal years, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner. Any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
κ2021 Statutes of Nevada, Page 1822 (CHAPTER 310, AB 494)κ
respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
Sec. 80. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $1,169,427 in Fiscal Year 2021-2022 and the sum of $1,169,427 in Fiscal Year 2022-2023 for allocation to the Department of Indigent Defense Services to fund costs in excess of the estimated county maximum contribution amounts for the provision of indigent defense services for the 10 rural counties defined in the Davis v. State (Nev. First Jud. Dist. Ct. Case No. 170C002271B (Aug. 11, 2020)) consent judgment (Churchill, Douglas, Esmeralda, Eureka, Lander, Lincoln, Lyon, Mineral, Nye and White Pine). Money appropriated by this section may only be allocated by the Interim Finance Committee upon recommendation of the Governor, and upon submittal by the Department of Indigent Defense Services of financial reports demonstrating costs in excess of a countys maximum contribution formula, and up to the amount approved by the Board of Indigent Defense Services for that county.
2. Any remaining balance of the appropriations made by subsection 1 must not be committed for expenditure after June 30 of the respective fiscal years, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner. Any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
Sec. 81. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $578,188 in Fiscal Year 2022-2023 for allocation to the Division of Public and Behavioral Health of the Department of Health and Human Services to fund three Psychiatric Nurse positions and one Senior Psychiatrist position to support the Medication Clinic in the Southern Nevada Adult Mental Health Services budget account. Money appropriated by this section may only be allocated by the Interim Finance Committee upon recommendation of the Governor, and upon submittal by the Division of Public and Behavioral Health of a revised and validated analysis concerning staff-to-patient ratios and budgeted positions, demonstrating the need for the positions based upon the actual caseload that is experienced.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2023.
Sec. 82. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $239,271 in Fiscal Year 2022-2023 for allocation to the Division of Public and Behavioral Health of the Department of Health and Human Services to fund one Psychiatric Nurse position and one Mid-Level Practitioner position to support the Medication Clinic in the Northern Nevada Adult Mental Health Services budget account.
κ2021 Statutes of Nevada, Page 1823 (CHAPTER 310, AB 494)κ
position and one Mid-Level Practitioner position to support the Medication Clinic in the Northern Nevada Adult Mental Health Services budget account. Money appropriated by this section can only be allocated by the Interim Finance Committee upon recommendation of the Governor, and upon submittal by the Division of Public and Behavioral Health of a revised and validated analysis concerning staff-to-patient ratios and budgeted positions, demonstrating the need for the positions based upon actual caseload experienced.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2023.
Sec. 83. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $1,876,749 in Fiscal Year 2021-2022 for allocation to the Bureau of Vocational Rehabilitation or the Bureau of Services to the Blind or Visually Impaired of the Department of Employment, Training and Rehabilitation to provide vocational rehabilitation services to clients. The money appropriated by this subsection may be allocated to the Bureau of Vocational Rehabilitation or the Bureau of Services to the Blind or Visually Impaired of the Department of Employment, Training and Rehabilitation in either Fiscal Year 2021-2022 or Fiscal Year 2022-2023 upon recommendation of the Governor upon submittal of documentation demonstrating the need for additional funding to provide vocational rehabilitation services to clients.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2023.
Sec. 84. There is hereby appropriated from the State General Fund the sum of $176,710 to the Public Employees Retirement Board to be expended for the administration of the Legislators Retirement System in Fiscal Year 2021-2022 and Fiscal Year 2022-2023.
Sec. 85. There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218A.150 the sum of $9,676,318 for the costs of the 81st Legislative Session.
Sec. 86. The State Controller shall transfer from the Account to Stabilize the Operation of the State Government created by NRS 353.288 to the State General Fund the sum of $97,545,079 for unrestricted State General Fund use.
Sec. 87. The sums appropriated to the Division of Health Care Financing and Policy of the Department of Health and Human Services by section 17 of this act for the Nevada Medicaid and Nevada Check-Up Program budget accounts may be transferred to the Health Care Financing and Policy Administration budget account with the approval of the Interim Finance Committee upon recommendation of the Governor.
κ2021 Statutes of Nevada, Page 1824 (CHAPTER 310, AB 494)κ
Program budget accounts may be transferred to the Health Care Financing and Policy Administration budget account with the approval of the Interim Finance Committee upon recommendation of the Governor. Money may only be transferred to the Health Care Financing and Policy Administration budget account pursuant to this section for personnel and administrative costs necessary for implementing the provisions of NRS 422.4025 to 422.4056, inclusive, in Fiscal Year 2021-2022 and Fiscal Year 2022-2023 upon submittal of analysis demonstrating savings in the Nevada Medicaid and Nevada Check-Up Program budget accounts resulting from the provisions of NRS 422.4025 to 422.4056, inclusive.
Sec. 88. Of the sum appropriated to the Division of Health Care Financing and Policy of the Department of Health and Human Services by section 17 of this act for the Nevada Medicaid budget account for Fiscal Year 2021-2022, the State Controller shall transfer the sum of $12,375 to the Health Care Financing and Policy Administration budget account for administrative costs necessary for implementing the provisions of Assembly Bill No. 191 of this session. Any money so transferred must be expended from a separate expenditure category and must only be used for the purposes of implementing the provisions of Assembly Bill No. 191 of this session. Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program to transfer money pursuant to this section. The unexpended balance of the amount transferred pursuant to this section must not be committed for expenditure after June 30, 2022, and must be reverted to the State General Fund on or before September 16, 2022.
Sec. 89. Of the sum appropriated to the Division of Health Care Financing and Policy of the Department of Health and Human Services by section 17 of this act for the Nevada Medicaid budget account for Fiscal Year 2021-2022, the State Controller shall transfer the sum of $14,500 to the Health Care Financing and Policy Administration budget account for administrative costs necessary for implementing the provisions of Assembly Bill No. 256 of this session. Any money so transferred must be expended from a separate expenditure category and must only be used for the purposes of implementing the provisions of Assembly Bill No. 256 of this session. Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program to transfer money pursuant to this section. The unexpended balance of the amount transferred pursuant to this section must not be committed for expenditure after June 30, 2022, and must be reverted to the State General Fund on or before September 16, 2022.
Sec. 90. Of the sum appropriated to the Division of Health Care Financing and Policy of the Department of Health and Human Services by section 17 of this act for the Nevada Medicaid budget account for Fiscal Year 2021-2022, the State Controller shall transfer the sum of $12,250 to the Health Care Financing and Policy Administration budget account for administrative costs necessary for implementing the provisions of Senate Bill No. 154 of this session. Any money so transferred must be expended from a separate expenditure category and must only be used for the purposes of implementing the provisions of Senate Bill No. 154 of this session. Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program to transfer money pursuant to this section.
κ2021 Statutes of Nevada, Page 1825 (CHAPTER 310, AB 494)κ
The unexpended balance of the amount transferred pursuant to this section must not be committed for expenditure after June 30, 2022, and must be reverted to the State General Fund on or before September 16, 2022.
Sec. 91. Of the sum appropriated to the Division of Health Care Financing and Policy of the Department of Health and Human Services by section 17 of this act for the Nevada Medicaid budget account for Fiscal Year 2021-2022, the State Controller shall transfer the sum of $57,000 to the Health Care Financing and Policy Administration budget account for administrative costs necessary for implementing the provisions of Senate Bill No. 420 of this session. Any money so transferred must be expended from a separate expenditure category and must only be used for the purposes of implementing the provisions of Senate Bill No. 420 of this session. Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program to transfer money pursuant to this section. The unexpended balance of the amount transferred pursuant to this section must not be committed for expenditure after June 30, 2022, and must be reverted to the State General Fund on or before September 16, 2022.
Sec. 92. Of the sum appropriated to the Division of Health Care Financing and Policy of the Department of Health and Human Services by section 17 of this act for the Nevada Medicaid budget account for Fiscal Year 2021-2022, the State Controller shall transfer the sum of $13,000 to the Health Care Financing and Policy Administration budget account for administrative costs necessary for implementing the provisions of Assembly Bill No. 387 of this session. Any money so transferred must be expended from a separate expenditure category and must only be used for the purposes of implementing the provisions of Assembly Bill No. 387 of this session. Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program to transfer money pursuant to this section. The unexpended balance of the amount transferred pursuant to this section must not be committed for expenditure after June 30, 2022 and reverts to the State General Fund on or before September 16, 2022.
Sec. 93. 1. Except as otherwise provided in this section and sections 52, 54, 55, 72, 73 and 84 of this act, any balances of the appropriations made in this act for Fiscal Year 2021-2022 and Fiscal Year 2022-2023 must not be committed for expenditure after June 30 of each fiscal year, respectively, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred and, except as otherwise provided in subsection 2, must be reverted to the fund from which appropriated on or before September 16, 2022, and September 15, 2023, of each fiscal year, respectively.
2. Any balance of the appropriations made to the Legislative Fund by sections 10 and 85 of this act does not revert to the State General Fund but constitutes a balance carried forward.
Sec. 94. The State Controller shall provide for the payment of claims legally obligated in each fiscal year of the 2021-2023 biennium on behalf of state agencies until the last business day of the August immediately following the end of each fiscal year.
κ2021 Statutes of Nevada, Page 1826 (CHAPTER 310, AB 494)κ
following the end of each fiscal year. The State Controller shall process any transactions requested by the Director of the Office of Finance in the Office of the Governor from the previous fiscal period until the third Friday in September immediately following the end of the fiscal year.
Sec. 95. The State Controller shall transfer among the appropriate accounts and funds the amounts necessary to carry out the budget approved by the Legislature, and the amounts so transferred shall be deemed appropriated.
Sec. 96. The State Controller shall pay the annual salaries of Supreme Court Justices, Court of Appeals Judges, District Court Judges, the Governor, the Lieutenant Governor, the Secretary of State, the State Treasurer, the State Controller and the Attorney General in biweekly installments for each day worked up to and including the date of payment. The payment of a portion of the annual salaries of these officers at the end of a calendar year for the purpose of reconciling the amount of the salary paid during that calendar year with the amount of the salary set forth in statute for that office must not be made if it will result in the issuance of a separate check.
Sec. 97. 1. If projections of the ending balance of the State General Fund fall below the amount estimated by the 81st Session of the Nevada Legislature for Fiscal Year 2021-2022 or Fiscal Year 2022-2023, the Director of the Office of Finance in the Office of the Governor shall report this information to the State Board of Examiners.
2. If the State Board of Examiners determines that the ending balance of the State General Fund is projected to be less than $120,000,000 for Fiscal Year 2021-2022 or Fiscal Year 2022-2023, the Governor, pursuant to NRS 353.225, may direct the Director of the Office of Finance in the Office of the Governor to require the State Controller or the head of each department, institution or agency to set aside a reserve of not more than 15 percent of the total amount of operating expenses or other appropriations and money otherwise available to the department, institution or agency.
3. A reserve must not be set aside pursuant to this section unless:
(a) The Governor, on behalf of the State Board of Examiners, submits a report to the Legislature or, if the Legislature is not in session, to the Interim Finance Committee, stating the reasons why a reserve is needed and indicating each department, institution or agency that will be required to set aside a reserve; and
(b) The Legislature or Interim Finance Committee approves the setting aside of the reserve.
Sec. 98. If the State of Nevada is required to make payment to the United States Treasury under the provisions of Public Law 101-453, the Cash Management Improvement Act of 1990, the State Controller, upon approval of the State Board of Examiners, may make such payments from the interest earnings of the State General Fund or interest earnings in other funds when interest on federal money has been deposited in those funds.
Sec. 99. If the name of an officer or agency has been changed or the responsibilities of an officer or agency have been transferred pursuant to the provisions of another act enacted by the Legislature this session and approved by the Governor and the change in name or transfer of duties is not indicated in this act, any reference to that officer or agency in this act shall be deemed to refer to the officer or agency the name of which or duties of which have been changed or transferred by the other act.
κ2021 Statutes of Nevada, Page 1827 (CHAPTER 310, AB 494)κ
Sec. 100. Section 31 of chapter 5, Statutes of Nevada 2020, 31st Special Session, at page 48, is hereby amended to read as follows:
Sec. 31. Section 17 of chapter 544, Statutes of Nevada 2019, at page 3345, is hereby amended to read as follows:
Sec. 17. Department of Health and Human Services.
For the support of the:
Health and Human Services Administration................................... $1,461,081 $1,473,331
Grants Management Unit................................................................... 37,215 40,527
Office of the State Public Defender.................................................. 1,941,661 1,524,461
Consumer Health Assistance............................................................. 400,323 458,460
State Council on Developmental Disabilities................................. 156,809 155,403
Family Planning................................................................................... 3,000,000 3,000,000
Division of Health Care Financing and Policy:
Nevada Medicaid........................................................................... 805,620,640 767,246,616
Health Care Financing and Policy Administration.................. 28,526,446 27,950,901
Nevada Check-Up Program......................................................... 5,565,297 11,402,376
Aging and Disability Services Division:
Federal Programs and Administration....................................... 1,998,970 2,152,466
Autism Treatment Assistance Program..................................... 8,161,244 3,506,458
Home- and Community-Based Services.................................... 24,134,500 23,498,777
Early Intervention Services.......................................................... 31,281,073 30,077,524
Desert Regional Center................................................................. 83,235,107 83,602,834
Sierra Regional Center.................................................................. 26,918,935 27,355,283
Rural Regional Center.................................................................. 10,819,138 10,855,243
Family Preservation Program...................................................... 1,711,905 1,767,273
Division of Child and Family Services:
Community Juvenile Justice Services........................................ 2,967,825 3,003,819
Information Services..................................................................... 4,514,159 4,423,282
Children, Youth and Family Administration............................ 6,864,040 6,815,316
Nevada Youth Training Center................................................... 7,772,160 7,302,563
Caliente Youth Center.................................................................. 8,975,448 7,255,228
Rural Child Welfare...................................................................... 7,872,045 7,937,181
Youth Alternative Placement...................................................... 2,184,481 2,184,481
κ2021 Statutes of Nevada, Page 1828 (CHAPTER 310, AB 494)κ
Youth Parole Services................................................................... $3,318,783 $3,390,992
Northern Nevada Child and Adolescent Services.................... 4,325,344 3,149,426
Clark County Child Welfare........................................................ 54,292,727 54,778,363
Washoe County Child Welfare................................................... 17,727,632 17,831,693
Southern Nevada Child and Adolescent Services.................... 13,994,614 13,483,291
Summit View Youth Center........................................................ 6,787,293 6,407,112
Division of Public and Behavioral Health:
Public Health:
Office of Health Administration.......................................... $5,392,311 $5,288,511
Maternal, Child and Adolescent Health Services.............. 1,368,459 1,393,559
Community Health Services................................................. 1,583,180 1,463,045
Emergency Medical Services............................................... 725,087 738,092
Immunization Program.......................................................... 738,732 1,063,650
Biostatistics and Epidemiology............................................ 395,920 396,124
Chronic Disease...................................................................... 500,000 481,971
Nevada Central Cancer Registry.......................................... 166,780 0
Health Care Facilities Regulation........................................ 600,840 413,150
Behavioral Health:
Behavioral Health Administration....................................... 3,580,103 3,514,428
Southern Nevada Adult Mental Health Services............... 81,939,429 82,742,807
Northern Nevada Adult Mental Health Services............... 24,290,635 24,382,209
Facility for the Mental Offender.......................................... 11,767,298 12,020,997
Rural Clinics............................................................................ 11,984,407 12,158,394
Behavioral Health Prevention and Treatment.................... 6,444,010 6,470,473
Problem Gambling.................................................................. 1,681,294 1,274,513
Division of Welfare and Supportive Services:
Welfare Administration......................................................... 11,374,234 11,088,686
Welfare Field Services........................................................... 41,013,504 28,811,741
κ2021 Statutes of Nevada, Page 1829 (CHAPTER 310, AB 494)κ
Assistance to Aged and Blind............................................... $10,763,355 $11,187,527
Temporary Assistance for Needy Families........................ 24,607,703 24,607,703
Child Assistance and Development..................................... 2,580,421 2,580,421
Child Support Enforcement Program.................................. 355,493 61,860
Κ The reductions to the appropriations for Nevada Medicaid and the Nevada Check-Up Program for Fiscal Year 2020-2021 pursuant to this section include, without limitation [:
1. Reduction in reimbursement rates in the fee schedule for providers by 6 percent.
2. Reductions in the reimbursement rate for neonatal intensive care unit services.
3. Elimination of the increase in acute care per diem hospital reimbursement rates funded through section 7 of chapter 615, Statutes of Nevada 2019, at page 4017.
4. Revision] , revision of the rate methodology for habilitation providers.
[5. Delay of non-capitated payments to managed care organizations until Fiscal Year 2021-2022.
6. Implementation of a specialty pharmacy provider network.]
Sec. 101. Section 2 of chapter 462, Statutes of Nevada 2019, at page 2799, is hereby amended to read as follows:
Sec. 2. 1. Any remaining balance of the appropriation made by subsection 1 of section 1 of chapter 462, Statutes of Nevada 2019, at page 2799, must not be committed for expenditure after June 30, 2022, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022.
2. Any remaining balance of the [appropriations] appropriation made by subsection 2 of section 1 of [this act] chapter 462, Statutes of Nevada 2019, at page 2799, must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.
Sec. 102. Section 8 of chapter 467, Statutes of Nevada 2019, at page 2804, is hereby amended to read as follows:
Sec. 8. 1. Any remaining balance of the appropriations made by sections 1 [to 7,] , 2 and 4 to 7, inclusive, of [this act] chapter 467, Statutes of Nevada 2019, at page 2803, must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.
κ2021 Statutes of Nevada, Page 1830 (CHAPTER 310, AB 494)κ
Statutes of Nevada 2019, at page 2803, must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.
2. Any remaining balance of the appropriation made by section 3 of chapter 467, Statutes of Nevada 2019, at page 2803, must not be committed for expenditure after June 30, 2022, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022.
Sec. 103. 1. This section and sections 50, 51, 52, 85, 93 and 99 to 102, inclusive, of this act become effective upon passage and approval.
2. Sections 1 to 49, inclusive, 55 to 76, inclusive, 78 to 84, inclusive, 86, 87 and 94 to 98, inclusive, of this act become effective on July 1, 2021.
3. Section 53 of this act becomes effective on July 1, 2021, if, and only if, Senate Bill No. 24 of this session is not enacted by the Legislature.
4. Section 54 of this act becomes effective upon passage and approval if and only if Senate Bill No. 24 of this session is enacted by the Legislature and becomes effective.
5. Section 77 of this act becomes effective on July 1, 2021, if and only if, both Assembly Bill Nos. 488 and 491 of this session are not enacted by the Legislature.
6. Section 88 of this act becomes effective on July 1, 2021, if, and only if, Assembly Bill No. 191 of this session is enacted by the Legislature and becomes effective.
7. Section 89 of this act becomes effective on July 1, 2021, if, and only if, Assembly Bill No. 256 of this session is enacted by the Legislature and becomes effective.
8. Section 90 of this act becomes effective on July 1, 2021, if, and only if, Senate Bill No. 154 of this session is enacted by the Legislature and becomes effective.
9. Section 91 of this act becomes effective on July 1, 2021, if, and only if, Senate Bill No. 420 of this session is enacted by the Legislature and becomes effective.
10. Section 92 of this act becomes effective on July 1, 2021, if, and only if, Assembly Bill No. 387 of this session is enacted by the Legislature and becomes effective.
________
κ2021 Statutes of Nevada, Page 1831κ
Senate Bill No. 454Committee on Finance
CHAPTER 311
[Approved: June 3, 2021]
AN ACT relating to agriculture; requiring an applicant for the recording or rerecording of a brand, or brand and marks, or marks to pay a certain fee; authorizing the State Department of Agriculture to establish and collect certain other fees; increasing certain periods for the rerecording of brands and marks from 4 years to 5 years; requiring certain applications to be submitted electronically or in writing; requiring certain notices to be sent electronically or in writing; requiring the Department to furnish certain owners with an electronic copy of certain certificates; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law regulates the use of brands and brands and marks in this State. (Chapter 564 of NRS) Existing law authorizes the State Department of Agriculture to establish and collect reasonable fees for certain actions involving brands or brands and marks. (NRS 564.080) Existing regulations establish a fee for recording and rerecording a brand, or brand and mark, or marks of $120. (NAC 564.010) Section 1 of this bill revises the fee for recording a brand, or brand and mark, or marks to be $200. Section 1.5 of this bill: (1) removes the authority of the Department to establish reasonable fees for the recording or the rerecording of brands or brands and marks; and (2) authorizes the Department to establish and collect reasonable fees for the processing of applications for new brands or new brands and marks, regardless of whether the new brand or new brand or mark is awarded.
Existing law sets forth the process by which brands and marks may be rerecorded. Existing law requires any owner of a brand or brand and mark or marks of record to, at the end of each 4-year period after January 1, 1976, to rerecord the brand or brand and mark or marks. If an owner of any brands or brands and marks has not applied to rerecord the brands or brands and marks by January 1 of any 4-year period, the brands or brands and marks are deemed abandoned and no longer of legal record. (NRS 564.120) Section 2 of this bill changes the 4-year periods to 5-year periods beginning on January 1, 2023.
Existing law requires an application for the rerecording of brands and marks to be made in writing and accompanied by any rerecording fee established by the Department. (NRS 564.120) Section 2 requires an application to be: (1) submitted electronically through the Internet website of the Department or in writing on a form provided by the Department; and (2) accompanied by a rerecording fee of $200.
Existing law requires the Department to notify every owner of a brand or brand and mark or marks of legal record of the owners right to rerecord the brand or brand and mark or marks by a certain time. Existing law requires the notice to be in writing and sent by mail to each such owner at the owners last address of record. (NRS 564.120) Section 2 requires, at the discretion of the Department unless otherwise requested by an owner, the notice to be sent by electronic mail to each such owner or to be sent in writing by mail to each such owner to the owners last electronic mail address or address of record, as applicable.
Existing law requires the Department to furnish the legal owners of any brand or brand and mark or marks rerecorded with a certificate setting forth the fact of the rerecordation. (NRS 564.120) Section 2 requires the Department to furnish an electronic copy of such a certificate to the legal owner of the brand or brand and mark or marks.
κ2021 Statutes of Nevada, Page 1832 (CHAPTER 311, SB 454)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 564.040 is hereby amended to read as follows:
564.040 1. Any owner of animals in this State desiring to adopt and use thereupon any brand, or brand and mark, or marks, as provided for in this chapter shall, before doing so, forward to the Department an application, on a form approved and provided by the Department for that purpose, for the recording of the brand, or brand and mark or marks, and receive a certificate of recordation as provided in this chapter.
2. The application must:
(a) Include a drawing, exact except as to size, of the brand, together with any earmarks or other marks desired or intended to be used therewith, and the location upon the animal or animals concerned where the brand and earmarks or other marks are desired or intended to be used;
(b) Include a statement of the kinds of animals upon which the brand or brand and mark or marks are used or will be used;
(c) Include a statement of the approximate boundaries of that part of the State within which it is intended to use the brand, brand and mark or marks; [and]
(d) Include the full name and address of the applicant [.] ; and
(e) Be accompanied by a fee of $200 for the recording of the brand, or brand and mark, or marks. The fee must not be prorated for any unused portion of the period for which the brand, or brand and mark, or marks are recorded.
3. For the purpose of this chapter, the post office address included in the application must be considered the legal address of the applicant until the Department receives from the applicant, in writing, a notice of the change of the address, the latest address of record with the Department remaining the legal address.
Sec. 1.5. NRS 564.080 is hereby amended to read as follows:
564.080 Except as otherwise provided in this chapter, the Department may establish and collect reasonable fees for:
1. [The recording of brands or brands and marks;
2. The rerecording of brands or brands and marks;
3.] The processing of applications for new brands or new brands and marks, regardless of whether the new brand or new brand and mark is awarded;
2. The recording of instruments transferring ownership of brands or brands and marks;
[4.] 3. Certificates of recordation or rerecordation of brands or brands and marks;
[5.] 4. Amending the record of ownership of brands or brands and marks and furnishing amended certificates of recordation; or
[6.] 5. The processing and continuing administration of a security agreement, provisional assignment or legal lien relating to a brand or brand and mark or marks of record for purposes of NRS 564.110.
Sec. 2. NRS 564.120 is hereby amended to read as follows:
564.120 1. Any owner of a brand or brand and mark or marks of record under the provisions of this chapter, including brands or marks transferred pursuant to the provisions of NRS 564.110, desiring legally to continue the use of the brand or brand and mark or marks beyond the prescribed dates shall, within 60 days before January 1, [1976,] 2023, and at the end of each [4-year] 5-year period thereafter, apply to the Department for the rerecording of the brand or brand and mark or marks.
κ2021 Statutes of Nevada, Page 1833 (CHAPTER 311, SB 454)κ
transferred pursuant to the provisions of NRS 564.110, desiring legally to continue the use of the brand or brand and mark or marks beyond the prescribed dates shall, within 60 days before January 1, [1976,] 2023, and at the end of each [4-year] 5-year period thereafter, apply to the Department for the rerecording of the brand or brand and mark or marks.
2. The application must be [made] :
(a) Submitted electronically through the Internet website of the Department or in writing on a form provided by the Department; and [accompanied]
(b) Accompanied by [any] a rerecording fee [established by the Department in accordance with the provisions of NRS 564.080.] of $200. The fee must not be prorated for any unused portion of the period for which the brand, or brand and mark, or marks are rerecorded.
3. The Department shall notify every owner of a brand or brand and mark or marks of legal record in its office, including owners of brands and marks transferred under the provisions of NRS 564.110, at least 60 days before January 1, [1976,] 2023, and January 1 at the end of each [4-year] 5-year period thereafter, of the owners right to rerecord the brand or brand and mark or marks as provided in this section. [The] At the discretion of the Department unless otherwise requested by an owner, the notice must be sent by electronic mail to each such owner or be sent in writing [and sent] by mail to each such owner at the owners last electronic mail address or address of record [in the office of] , as applicable, provided to the Department [.] by the owner. The notice is complete at the expiration of 60 days after the date of its [mailing] sending by the Department.
4. The Department may also advertise the approach of any rerecording period in such manner and at such times as it deems advisable.
5. Any brands or brands and marks for the rerecording of which the owners have not applied as provided for in this section by January 1, [1976,] 2023, or by January 1 of any [4-year] 5-year period after that date, including all brands and marks of record as transferred as provided in NRS 564.110, shall be deemed abandoned and no longer of legal record as provided for by this chapter. Brands or brands and marks thus abandoned may not be awarded or recorded by the Department to persons other than those persons abandoning the brands or brands and marks until 1 year after the date of the abandonment. The awarding and recording of abandoned brands or brands and marks to any person must be in accordance with the provisions of this chapter.
6. The Department shall furnish the legal owners of any brand or brand and mark or marks rerecorded under the provisions of this section with an electronic copy of a certificate setting forth the fact of the rerecordation.
7. No new brands may be recorded during the 60 days of a rerecording period unless, in the opinion of the Director, undue hardship would be caused the applicant.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 1834κ
Senate Bill No. 460Committee on Finance
CHAPTER 312
[Approved: June 3, 2021]
AN ACT making appropriations to certain state agencies for certain purposes; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Division of Public and Behavioral Health of the Department of Health and Human Services for the Northern Nevada Adult Mental Health Services budget account the sum of $389,399 for community-based living arrangement services.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2022, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022.
Sec. 2. 1. There is hereby appropriated from the State General Fund to the Division of Public and Behavioral Health of the Department of Health and Human Services for the Rural Clinics budget account for psychiatric services the following sums:
For the Fiscal Year 2021-2022.................................................... $486,321
For the Fiscal Year 2022-2023.................................................... $486,321
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
Sec. 3. 1. There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services for the Washoe County Child Welfare budget account for the fiscal incentives program the following sums:
For the Fiscal Year 2021-2022.................................................... $892,500
For the Fiscal Year 2022-2023.................................................... $805,000
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
κ2021 Statutes of Nevada, Page 1835 (CHAPTER 312, SB 460)κ
June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
Sec. 4. 1. There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services for the Clark County Child Welfare budget account for the fiscal incentives program the following sums:
For the Fiscal Year 2021-2022................................................. $2,677,500
For the Fiscal Year 2022-2023................................................. $2,415,000
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
Sec. 5. 1. There is hereby appropriated from the State General Fund to the Division of Public and Behavioral Health of the Department of Health and Human Services for the Problem Gambling budget account for gambling treatment and prevention services the following sums:
For the Fiscal Year 2021-2022.................................................... $176,000
For the Fiscal Year 2022-2023.................................................... $176,000
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
Sec. 6. 1. There is hereby appropriated from the State General Fund to the Account for Family Planning created by NRS 442.725 the following sums:
For the Fiscal Year 2021-2022.................................................... $621,707
For the Fiscal Year 2022-2023.................................................... $621,707
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
κ2021 Statutes of Nevada, Page 1836 (CHAPTER 312, SB 460)κ
and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
Sec. 7. 1. There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services for the Children, Youth and Family Administration budget account for the Nevada Partnership for Training contract with the University of Nevada, Reno, School of Social Work the following sums:
For the Fiscal Year 2021-2022...................................................... $64,963
For the Fiscal Year 2022-2023...................................................... $65,106
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
Sec. 8. 1. There is hereby appropriated from the State General Fund to the Division of Public and Behavioral Health of the Department of Health and Human Services for the Southern Nevada Adult Mental Health Services budget account for office space and associated operating costs the following sums:
For the Fiscal Year 2021-2022...................................................... $76,871
For the Fiscal Year 2022-2023...................................................... $78,987
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
Sec. 9. 1. There is hereby appropriated from the State General Fund to the Division of Public and Behavioral Health of the Department of Health and Human Services for the Chronic Disease budget account for vaping prevention activities the following sums:
For the Fiscal Year 2021-2022................................................. $2,500,000
For the Fiscal Year 2022-2023................................................. $2,500,000
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
κ2021 Statutes of Nevada, Page 1837 (CHAPTER 312, SB 460)κ
transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
Sec. 10. 1. There is hereby appropriated from the State General Fund to the Division of Public and Behavioral Health of the Department of Health and Human Services for the Health Care Facilities Regulation budget account for community-based living arrangement services the following sums:
For the Fiscal Year 2021-2022...................................................... $61,205
For the Fiscal Year 2022-2023...................................................... $63,855
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
Sec. 11. 1. There is hereby appropriated from the State General Fund to the Division of Public and Behavioral Health of the Department of Health and Human Services for the Health Care Facilities Regulation budget account for replacement equipment the following sums:
For the Fiscal Year 2021-2022......................................................... $1,089
For the Fiscal Year 2022-2023......................................................... $2,129
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
Sec. 12. 1. There is hereby appropriated from the State General Fund to the Department of Tourism and Cultural Affairs for the Nevada Humanities budget account for the Nevada Humanities program the following sums:
For the Fiscal Year 2021-2022...................................................... $25,000
For the Fiscal Year 2022-2023...................................................... $25,000
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
κ2021 Statutes of Nevada, Page 1838 (CHAPTER 312, SB 460)κ
Sec. 13. 1. There is hereby appropriated from the State General Fund to the Department of Education for the Nevada Institute on Teaching and Educator Preparation established pursuant to NRS 396.5185 the following sums:
For the Fiscal Year 2021-2022.................................................... $750,000
For the Fiscal Year 2022-2023.................................................... $750,000
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
Sec. 14. 1. There is hereby appropriated from the State General Fund to the Nevada System of Higher Education for the Cooperative Extension Service budget account for travel and operating costs the following sums:
For the Fiscal Year 2021-2022.................................................... $213,771
For the Fiscal Year 2022-2023.................................................... $213,771
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
Sec. 15. There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218A.150 for personnel costs for two security scanner positions the following sums:
For the Fiscal Year 2021-2022.................................................... $124,182
For the Fiscal Year 2022-2023.................................................... $129,272
Sec. 16. There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218A.150 for personnel, travel and operating costs for three positions for the Senate the following sums:
For the Fiscal Year 2021-2022.................................................... $302,596
For the Fiscal Year 2022-2023......................................................... $5,925
Sec. 17. (Deleted by amendment.)
Sec. 18. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 1839κ
Senate Bill No. 389Senator Neal
Joint Sponsor: Assemblywoman Monroe-Moreno
CHAPTER 313
[Approved: June 3, 2021]
AN ACT relating to motor vehicles; establishing provisions governing the licensing and operation of a peer-to-peer car sharing program; requiring the charging and collecting of certain fees when a passenger car is shared through a peer-to-peer car sharing program; making appropriations to the Department of Taxation; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires, with certain exceptions, a person who leases a passenger car to another person for a period of 31 days or less, or by the day or by the trip, to charge and collect a governmental services fee of 10 percent of the total amount for which the passenger car was leased, excluding certain charges, and certain additional fees imposed by certain counties. (NRS 482.313) Section 11.3 of this bill similarly requires a peer-to-peer car sharing program, with certain exceptions, to collect from each shared vehicle driver a governmental services fee of 10 percent of the total amount for which a passenger car was shared through the program, plus any additional fee imposed on the sharing of the passenger car by authorized counties. Section 11.3 requires the peer-to-peer car sharing program to remit such fees to the Department of Taxation, along with a quarterly report. Sections 11.7 and 30.23 of this bill require a peer-to-peer car sharing program to maintain certain records. Sections 31.2-31.65 of this bill make conforming changes to provide for the administration of the governmental services fee by the Department of Taxation.
Existing law imposes upon each retailer a sales tax measured by the gross receipts of the retailer from the retail sale of tangible personal property in this State. (NRS 372.105, 374.110, 374.111) Existing law also imposes a use tax on the storage, use or other consumption in this State of tangible personal property purchased outside of this State from a retailer in a transaction that would have been subject to the sales tax in this State if it had occurred within this State. (NRS 372.185, 374.190, 374.191) A retail sale does not include a sale for resale in the regular course of business and a purchaser of tangible personal property who purchases the property for resale in the regular course of business may present a resale certificate to the retailer to avoid collection of the sales and use tax. (NRS 372.050, 372.155, 372.225, 374.055, 374.160, 374.230) A person who purchases tangible personal property for the purpose of renting or leasing the property to customers may elect to pay sales and use tax on the purchase price of the tangible personal property or to collect and remit sales and use tax on the rental price of the tangible personal property to a customer. (NRS 372.060, NRS 372.170, 372.240, 374.065, 374.175, 374.245; NAC 372.938) Section 11.5 of this bill requires a peer-to-peer car sharing program to collect and remit, on behalf of the shared vehicle owner, sales and use taxes on the total amount for which a shared vehicle that was placed on a digital network or software application on or after October 1, 2021 for sharing through the program if the owner of the shared vehicle has not paid any sales or use tax due on the purchase of the vehicle or has elected to pay sales and use taxes measured by gross charges for which the vehicle is shared. Section 11.5 provides that a peer-to-peer car sharing program is not liable for the failure to collect and remit sales and use taxes on a shared vehicle if the peer-to-peer car sharing program can provide proof that it made reasonable efforts to obtain accurate information regarding whether sales and use taxes were owed on the shared vehicle and the failure to collect and remit the sales and use taxes was due to incorrect or false information being provided by the shared vehicle owner.
κ2021 Statutes of Nevada, Page 1840 (CHAPTER 313, SB 389)κ
accurate information regarding whether sales and use taxes were owed on the shared vehicle and the failure to collect and remit the sales and use taxes was due to incorrect or false information being provided by the shared vehicle owner.
Existing law authorizes the board of county commissioners of certain counties in this State to impose a fee on the short-term lease of a passenger car. (NRS 244A.810, 244A.860) Sections 31.13 and 31.15 of this bill provide that if the board of county commissioners has imposed such a fee, the board of county commissioners is required to impose this fee on the sharing of a passenger car through a peer-to-peer car sharing program.
Section 30.37 of this bill requires a person to obtain a license from the Department of Motor Vehicles before operating a peer-to-peer car sharing program in this State and establishes provisions governing the issuance and renewal of such a license. Section 30.4 of this bill establishes the grounds upon which the Department may refuse to issue or suspend or revoke a license. Sections 30.43 and 30.47 of this bill establish procedures to review a decision of the Department to refuse to issue or suspend or revoke a license. Section 30.5 of this bill provides for the filing of a bond or, alternatively, a deposit by a licensee.
Section 30.1 of this bill requires the Director of the Department to adopt regulations to carry out the provisions of law relating to peer-to-peer car sharing programs.
Section 30.13 of this bill provides that a peer-to-peer car sharing program assumes liability for certain damages on behalf of a shared vehicle owner. Section 30.13 also requires a peer-to-peer car sharing program to ensure that, during each car sharing period, the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy meeting certain requirements. If the insurance policy used to satisfy these requirements has lapsed or does not meet the requirements, the peer-to-peer car sharing program assumes liability for damages up to the required level of coverage. Section 30.2 of this bill authorizes an authorized insurer to exclude from coverage claims afforded under a shared vehicle owners motor vehicle liability insurance policy.
Sections 30.17 and 30.53 of this bill require a peer-to-peer car sharing program to make certain disclosures to shared vehicle owners and shared vehicle drivers.
Existing federal law provides that a vehicle owner who rents or leases the vehicle is not vicariously liable for harm to persons or property that results or arises out of the use, operation or possession of the vehicle during the period of the rental or lease under certain circumstances. (49 U.S.C. § 30106) Section 30.27 of this bill provides that the provisions of sections 2-30.67 of this bill are not to be construed to impose liability which is inconsistent with federal law.
Section 30.3 of this bill authorizes an insurer who defends or indemnifies certain claims to seek recovery from the motor vehicle insurer of a peer-to-peer car sharing program under certain circumstances.
Section 30.33 of this bill provides that a peer-to-peer car sharing program has an insurable interest in the shared vehicle during the car sharing period and may own and maintain certain types of motor vehicle liability insurance.
Section 30.57 of this bill prohibits a peer-to-peer car sharing program from entering into a car sharing program agreement with a person who does not possess a valid drivers license.
Section 30.6 of this bill establishes liability for the loss of or damage to equipment placed in or on a shared vehicle.
Section 30.63 of this bill establishes provisions relating to safety recalls on shared vehicles.
Section 30.67 of this bill prohibits a local governmental entity from imposing additional taxes, fees or licensing requirements on a peer-to-peer car sharing program, shared vehicle owner, shared vehicle driver or shared vehicle, other than those which are applicable, in general, to all businesses.
Sections 4.3-11 of this bill define terms relating to peer-to-peer car sharing programs.
Existing law prohibits a person from engaging in the activities of a short-term lessor unless such person has obtained a license to do so. (NRS 482.300) Section 31 of this bill provides that a peer-to-peer car sharing program and a vehicle owner who makes a vehicle available through such a program are not engaged in the activities of a short-term lessor.
κ2021 Statutes of Nevada, Page 1841 (CHAPTER 313, SB 389)κ
makes a vehicle available through such a program are not engaged in the activities of a short-term lessor. Section 30.7 of this bill provides that the sharing of a vehicle through a peer-to-peer car sharing program is not a lease for certain purposes.
Section 31.7 of this bill makes appropriations to the Department of Taxation for certain costs associated with carrying out the provisions of this bill.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 43 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 30.67, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 11.1, inclusive, of this act have the meanings ascribed to them in those sections.
Secs. 3 and 4. (Deleted by amendment.)
Sec. 4.3. Car sharing delivery period means the period of time before the car sharing start time during which a shared vehicle is being delivered to the location where the shared vehicle driver will assume control of the shared vehicle.
Sec. 4.7. Car sharing period means the period of time that:
1. Begins:
(a) If there is a car sharing delivery period, at the start of that period; or
(b) If there is no car sharing delivery period, at the car sharing start time; and
2. Ends at the car sharing termination time.
Sec. 5. Car sharing program agreement means an agreement entered into between a peer-to-peer car sharing program and a shared vehicle driver or shared vehicle owner which establishes terms and conditions governing the sharing of a vehicle through the peer-to-peer car sharing program.
Secs. 6 and 7. (Deleted by amendment.)
Sec. 7.1. Car sharing start time means the time when the shared vehicle becomes subject to the control of the shared vehicle driver at or after the time the reservation of a shared vehicle is scheduled to begin, as documented in the records of the peer-to-peer car sharing program.
Sec. 7.3. Car sharing termination time means whichever of the following events occurs first:
1. The expiration of the agreed upon period of time established for the use of a shared vehicle according to the terms of the car sharing program agreement if the shared vehicle is delivered to the location agreed upon in the car sharing program agreement;
2. The expiration of the agreed upon period of time established for the use of a shared vehicle according to the terms of the car sharing program agreement if the shared vehicle is delivered to a location alternatively agreed upon by the shared vehicle owner and shared vehicle driver and as communicated through a peer-to-peer car sharing program and incorporated into the car sharing program agreement; or
3. When the shared vehicle owner or the authorized designee of the shared vehicle owner takes possession and control of the shared vehicle.
Sec. 7.5. Passenger car has the meaning ascribed to it in NRS 482.087.
κ2021 Statutes of Nevada, Page 1842 (CHAPTER 313, SB 389)κ
Sec. 7.7. Peer-to-peer car sharing means the authorized use of a vehicle by an individual other than the owner of the vehicle through a peer-to-peer car sharing program.
Sec. 8. Peer-to-peer car sharing program means a platform operated by a business that connects shared vehicle owners with shared vehicle drivers to enable the sharing of vehicles in exchange for money.
Sec. 9. Shared vehicle means a vehicle that is shared or available for sharing through a peer-to-peer car sharing program.
Sec. 10. Shared vehicle driver means a person who has been authorized to drive a shared vehicle by the shared vehicle owner pursuant to the terms of a car sharing program agreement.
Sec. 11. Shared vehicle owner means the registered owner of a shared vehicle or a person who is authorized by the registered owner to make a vehicle available for sharing through a peer-to-peer car sharing program.
Sec. 11.1. Vehicle has the meaning ascribed to it in NRS 482.135.
Sec. 11.3. 1. Except as otherwise provided in subsection 8, when a shared vehicle that is a passenger car is shared through a peer-to-peer car sharing program in this State, the peer-to-peer car sharing program shall charge and collect from the shared vehicle driver:
(a) A governmental services fee of 10 percent of the total amount for which the shared vehicle was shared with the shared vehicle driver, excluding any taxes or other fees imposed by a governmental entity and the items described in subsection 7; and
(b) Any fee required pursuant to NRS 244A.810 or 244A.860, as applicable.
Κ The amount of each fee charged pursuant to this subsection must be indicated in the car sharing program agreement.
2. The fees due from a peer-to-peer car sharing program to the Department of Taxation pursuant to subsection 1 are due on the last day of each calendar quarter. On or before the last day of the month following each calendar quarter, the peer-to-peer car sharing program shall:
(a) File with the Department of Taxation, on a form prescribed by the Department of Taxation, a report indicating the total amount of each of the fees collected by the peer-to-peer car sharing program pursuant to subsection 1 during the immediately preceding calendar quarter; and
(b) Remit to the Department of Taxation the fees collected by the peer-to-peer car sharing program pursuant to subsection 1 during the immediately preceding calendar quarter.
3. Except as otherwise provided in a contract made pursuant to NRS 244A.820 or 244A.870, the Department of Taxation shall deposit all money received from a peer-to-peer car sharing program pursuant to the provisions of subsection 1 with the State Treasurer for credit to the State General Fund.
4. To ensure compliance with this section, the Department of Taxation may audit the records of a peer-to-peer car sharing program.
5. Except as otherwise provided in this subsection, the provisions of this section do not limit or affect the payment of any taxes or fees imposed pursuant to the provisions of chapter 482 of NRS. A shared vehicle owner is not required to:
(a) Be licensed pursuant to NRS 482.363 to make a shared vehicle available for sharing through a peer-to-peer car sharing program; or
(b) Charge and collect the fees required pursuant to subsection 1 or any fee required pursuant to NRS 244A.810, 244A.860 or 482.313 when sharing a shared vehicle through a peer-to-peer car sharing program if the shared vehicle owner is the registered owner of the shared vehicle or a person authorized by the registered owner of the shared vehicle to make the shared vehicle available for sharing through the peer-to-peer car sharing program.
κ2021 Statutes of Nevada, Page 1843 (CHAPTER 313, SB 389)κ
a shared vehicle through a peer-to-peer car sharing program if the shared vehicle owner is the registered owner of the shared vehicle or a person authorized by the registered owner of the shared vehicle to make the shared vehicle available for sharing through the peer-to-peer car sharing program.
6. The Department of Motor Vehicles shall, upon request, provide to the Department of Taxation any information in its records relating to a peer-to-peer car sharing program that the Department of Taxation considers necessary to collect the fees described in subsection 1.
7. For the purposes of charging and collecting the governmental services fee described in paragraph (a) of subsection 1, the following items must not be included in the total amount for which the shared vehicle was shared:
(a) The amount of any fee charged and collected pursuant to paragraph (b) of subsection 1;
(b) The amount of any charge for fuel used to operate the shared vehicle;
(c) The amount of any fee or charge for the delivery, transportation or other handling of the shared vehicle by an agent of the peer-to-peer vehicle sharing program, not including the shared vehicle driver;
(d) The amount of any fee or charge for insurance, including, without limitation, personal accident insurance, extended coverage or insurance coverage for personal property; and
(e) The amount of any charges assessed against a shared vehicle driver for damages for which the shared vehicle driver is held responsible.
8. The fees required pursuant to subsection 1 do not apply with respect to any shared vehicle made available through a peer-to-peer car sharing program to this State, its unincorporated agencies and instrumentalities or any county, city, district or other political subdivisions of this State.
9. The Executive Director of the Department of Taxation shall:
(a) Adopt such regulations as the Executive Director determines are necessary to carry out the provisions of this section; and
(b) Upon the request of the Director of the Department of Motor Vehicles, provide to the Director of the Department of Motor Vehicles a copy of any record or report described in this section.
Sec. 11.5. 1. Except as otherwise provided in subsection 2, a peer-to-peer car sharing program shall collect and remit, on behalf of any shared vehicle owner, sales and use taxes measured by the gross charges for the sharing of a vehicle that is placed on a digital network or software application of the peer-to-peer car sharing program on or after October 1, 2021, for the purpose of making the vehicle available for sharing through the peer-to-peer car sharing program if the shared vehicle owner has not paid any sales or use tax due or has elected to collect sales and use taxes measured by the gross charges for the sharing of the vehicle.
2. The Department of Taxation shall not hold a peer-to-peer car sharing program liable for the payment, collection or remittance of sales and use taxes owed by a shared vehicle owner if:
(a) The peer-to-peer car sharing program provides proof satisfactory to the Department of Taxation that the peer-to-peer car sharing program has made a reasonable effort to obtain accurate information from the shared vehicle owner regarding whether the shared vehicle owner has paid the sales and use taxes due on a shared vehicle described in subsection 1; and
(b) The failure to collect and remit the sales and use taxes measured by the gross charges for the sharing of the vehicle through the peer-to-peer car sharing program was due to incorrect or false information provided to the peer-to-peer car sharing program by the shared vehicle owner.
κ2021 Statutes of Nevada, Page 1844 (CHAPTER 313, SB 389)κ
car sharing program was due to incorrect or false information provided to the peer-to-peer car sharing program by the shared vehicle owner.
3. On or after October 1, 2021, a peer-to-peer car sharing program shall not allow a vehicle to be placed on a digital network or software application of the peer-to-peer car sharing program for the purpose of making the vehicle available for sharing through the peer-to-peer car sharing program unless the peer-to-peer car sharing program first requests an electronic certification from the shared vehicle owner as to whether the shared vehicle owner paid all sales and use taxes due on the purchase of the shared vehicle. The Department of Taxation may prescribe by regulation the method by which a peer-to-peer car sharing program shall obtain an electronic certification from the shared vehicle owner as to whether the shared vehicle owner paid all sales and use taxes due on the purchase of the shared vehicle.
4. Nothing in this section shall be construed to relieve a peer-to-peer car sharing program of liability for collecting but failing to remit to the Department of Taxation any sales and use tax pursuant to this section. The Department of Taxation shall not require a peer-to-peer car sharing program to collect or remit sales and use taxes measured by the gross charges for the sharing of the vehicle if the full amount of sales and use taxes were paid on the purchase price of the shared vehicle by the shared vehicle owner.
Sec. 11.7. 1. Each person responsible for maintaining the records of a peer-to-peer car sharing program shall:
(a) Keep such records as may be necessary to determine the amount of the liability of the peer-to-peer car sharing program pursuant to sections 11.3 and 11.5 of this act;
(b) Preserve those records for 4 years or until any litigation or prosecution pursuant to chapter 360 of NRS or audit conducted pursuant to section 11.3 of this act is finally determined, whichever is longer; and
(c) Make the records available for inspection by the Department of Taxation upon demand at reasonable times during regular business hours.
2. The Department of Taxation may by regulation specify the types of records which must be kept to determine the amount of the liability of a taxpayer pursuant to sections 11.3 and 11.5 of this act.
3. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
Secs. 12-30. (Deleted by amendment.)
Sec. 30.1. The Director shall adopt such regulations as are necessary to carry out the provisions of this chapter.
Sec. 30.13. 1. Except as otherwise provided in subsection 2, a peer-to-peer car sharing program assumes any tort liability of a shared vehicle owner arising out of the use or operation of the shared vehicle during the car sharing period up to an amount of:
(a) For bodily injury to or death of one person in any one crash, $50,000;
(b) For bodily injury to or death of two or more persons in any one crash and subject to the limit for one person, $100,000; and
(c) For injury to or destruction of property of others in any one crash, $20,000,
Κ or any amount set forth in the car sharing program agreement which is greater than an amount provided for by this section.
κ2021 Statutes of Nevada, Page 1845 (CHAPTER 313, SB 389)κ
2. The provisions of subsection 1 do not apply to a shared vehicle owner:
(a) Who made an intentional and fraudulent material misrepresentation or omission to the peer-to-peer car sharing program before the car sharing period in which the liability arose; or
(b) Who acts in concert with a shared vehicle driver who fails to return the shared vehicle pursuant to the terms of the car sharing program agreement.
3. The assumption of liability pursuant to subsection 1 includes, without limitation, liability for bodily injury, property damage, uninsured and underinsured motorist or personal injury protection losses by damaged third parties to the same extent as the insurance required by NRS 485.185 is required to include coverage for such damage or losses, up to any applicable amount set forth in subsection 1.
4. A peer-to-peer car sharing program shall ensure that, during each car sharing period:
(a) Both the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that includes coverage which is not less than:
(1) For bodily injury to or death of one person in any one crash, $50,000;
(2) For bodily injury to or death of two or more persons in any one crash and subject to the limit for one person, $100,000; and
(3) For injury to or destruction of property of others in any one crash, $20,000,
Κ or any amount set forth in the car sharing program agreement which is greater than an amount provided for by this section.
(b) Any insurance policy used to satisfy the requirements of paragraph (a):
(1) Expressly recognizes that the shared vehicle insured under the policy is made available and used through a peer-to-peer car sharing program; or
(2) Does not prohibit or exclude the use of the shared vehicle by a shared vehicle driver.
5. The insurance policy used to satisfy the requirements of subsection 4 may be a policy maintained by:
(a) The shared vehicle owner;
(b) The shared vehicle driver;
(c) The peer-to-peer car sharing program; or
(d) The shared vehicle owner, shared vehicle driver and peer-to-peer car sharing program.
6. The insurance policy used to satisfy the requirements of subsection 4 must provide primary insurance during each car sharing period. If, during the car sharing period, a claim arises in another state with minimum financial responsibility requirements that are higher than the amounts set forth in paragraph (a) of subsection 4, the insurance policy used to satisfy the requirements of subsection 4 must satisfy the difference in minimum coverage amounts, up to the applicable policy limits.
7. The insurer providing the insurance used to satisfy the requirements of subsection 4 shall assume primary liability for a claim when:
(a) A dispute exists as to who was in control of the shared vehicle at the time of the occurrence out of which liability arose and the peer-to-peer car sharing program does not have available, did not retain or fails to provide the information required by section 30.23 of this act; or
κ2021 Statutes of Nevada, Page 1846 (CHAPTER 313, SB 389)κ
car sharing program does not have available, did not retain or fails to provide the information required by section 30.23 of this act; or
(b) A dispute exists as to whether the shared vehicle was returned to an alternatively agreed upon location.
8. If the insurance used to satisfy the requirements of subsection 4 has lapsed or does not provide the coverage required pursuant to subsection 4, the peer-to-peer car sharing program:
(a) Shall assume liability for damages up to the amounts set forth in subsection 1, which may be satisfied through the peer-to-peer car sharing programs own insurance policy, beginning with the first dollar of any claim; and
(b) Is responsible for defending against any such claim,
Κ except in the situation where the shared vehicle owner acts in concert with a shared vehicle driver who fails to return the shared vehicle pursuant to the terms of the car sharing program agreement.
9. Coverage under a motor vehicle liability insurance policy maintained by a peer-to-peer car sharing program must not be dependent on another insurer first denying a claim or require another motor vehicle liability insurance policy to first deny a claim.
10. Nothing in this chapter shall be construed to:
(a) Limit the liability of a peer-to-peer car sharing program for any act or omission of the peer-to-peer car sharing program that results in injury to any person as a result of the use of a shared vehicle through the peer-to-peer car sharing program; or
(b) Limit the ability of a peer-to-peer car sharing program to, by contract, seek indemnification from the shared vehicle owner or shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement.
11. As used in this section, alternatively agreed upon location means a location alternatively agreed upon by the shared vehicle owner and shared vehicle driver, as communicated through a peer-to-peer car sharing program for the return of the shared vehicle.
Sec. 30.17. At the time the owner of a motor vehicle registers as a shared vehicle owner through a peer-to-peer car sharing program and before the shared vehicle owner is permitted to make his or her vehicle available for car sharing through a peer-to-peer car sharing program, the peer-to-peer car sharing program shall notify the shared vehicle owner that, if the shared vehicle has a lien against it, the use of the shared vehicle through a peer-to-peer car sharing program, including, without limitation, use without insurance coverage for physical damage, may violate the terms of the contract with the lienholder.
Sec. 30.2. 1. An authorized insurer that writes motor vehicle liability insurance in this State may exclude any and all coverage for and any duty to defend or indemnify for any claim afforded under a shared vehicle owners motor vehicle liability insurance policy, including, without limitation:
(a) Liability coverage for bodily injury and property damage;
(b) Personal injury protection coverage;
(c) Uninsured and underinsured motorist coverage;
(d) Medical payments coverage;
(e) Comprehensive physical damage coverage; and
(f) Collision physical damage coverage.
2. Nothing in this section shall be construed to:
κ2021 Statutes of Nevada, Page 1847 (CHAPTER 313, SB 389)κ
(a) Invalidate or limit an exclusion contained in a motor vehicle liability insurance policy, including, without limitation, any insurance policy in use or approved for use that excludes coverage for motor vehicles made available for rent, sharing or hire or for any business use.
(b) Invalidate, limit or restrict an insurers ability to underwrite an insurance policy or to cancel or decline to renew a policy.
3. As used in this section, authorized insurer has the meaning ascribed to it in NRS 679A.030.
Sec. 30.23. 1. A peer-to-peer car sharing program shall collect and maintain the following records relating to the sharing of a shared vehicle through the peer-to-peer car sharing program in such format as the Director may prescribe:
(a) The exact car sharing start time and car sharing termination time, plus the exact start and end time of any car sharing delivery period;
(b) The pick-up and drop-off locations for each car sharing period;
(c) The amount of any fees paid by the shared vehicle driver for each car sharing period;
(d) The amount of any revenues received by the shared vehicle owner for each car sharing period; and
(e) Such other records as the Director may require by regulation.
2. The peer-to-peer car sharing program shall maintain the peer-to-peer car sharing records required pursuant to subsection 1 for a period of not less than 6 years after the record is created.
3. Upon request, the peer-to-peer car sharing program shall provide copies of the peer-to-peer car sharing records maintained pursuant to this section and section 30.57 of this act to the shared vehicle owner, shared vehicle driver, insurer of the shared vehicle owner or shared vehicle driver or a claimant alleging damages related to the use of the shared vehicle to facilitate a claim coverage investigation or the settlement, negotiation or litigation of a claim.
4. Upon request, each peer-to-peer car sharing record maintained pursuant to this section and section 30.57 of this act must be made available for inspection by a shared vehicle owner, shared vehicle driver, the insurer of a shared vehicle owner or shared vehicle driver or the Department or its designee at any time during regular business hours, subject to the provisions of any applicable data security or data privacy law.
5. A peer-to-peer car sharing program that keeps outside of this State any books, papers and records maintained pursuant to this section and section 30.57 of this act shall pay to the Department an amount equal to the allowance provided for state officers and employees generally while traveling outside of the State for each day or fraction thereof during which an employee of the Department is engaged in examining those documents, plus any other actual expenses incurred by the employee while he or she is absent from his or her regular place of employment to examine those documents.
6. The Director shall adopt such regulations as the Director determines are necessary to carry out the provisions of this section.
Sec. 30.27. The provisions of this chapter shall not be construed to impose liability which is inconsistent with the provisions of 49 U.S.C. § 30106.
Sec. 30.3. A motor vehicle insurer that defends or indemnifies a claim arising from the use of a shared vehicle shall have the right to seek recovery against the motor vehicle insurer of the peer-to-peer car sharing program if the claim is:
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1. Made against the shared vehicle owner or shared vehicle driver for loss or injury that occurs during the car sharing period; and
2. Excluded under the terms of the motor vehicle liability insurance policy of the motor vehicle insurer who is not the motor vehicle insurer of the peer-to-peer car sharing program.
Sec. 30.33. 1. Notwithstanding any other provision of law, a peer-to-peer car sharing program shall be deemed to have an insurable interest in a shared vehicle during the car sharing period.
2. A peer-to-peer car sharing program may own and maintain as the named insured one or more policies of motor vehicle liability insurance that provides coverage for:
(a) Liabilities assumed by the peer-to-peer car sharing program under a peer-to-peer car sharing program agreement;
(b) Any liability of a shared vehicle owner;
(c) Any liability of a shared vehicle driver; or
(d) Damage or loss to a shared motor vehicle.
3. Nothing in this section shall be construed to require a peer-to-peer car sharing program to obtain or maintain the motor vehicle liability insurance policy necessary to satisfy the requirements of subsection 4 of section 30.13 of this act or to impose any liability on the peer-to-peer car sharing program which does not obtain or maintain such a policy.
Sec. 30.37. 1. A peer-to-peer car sharing program shall not engage in business in this State unless the person who operates the peer-to-peer car sharing program holds a valid license issued by the Department pursuant to this chapter.
2. A person who desires to operate a peer-to-peer car sharing program in this State must:
(a) Submit to the Department an application for the issuance of a license to operate a peer-to-peer car sharing program in such form and including such information and documentation as the Director may require by regulation.
(b) Provide evidence of insurance coverage to satisfy any liability that accrues to a peer-to-peer car sharing program for damage that arises from the failure of the peer-to-peer car sharing program to comply with the provisions of this chapter in an amount established by the Director by regulation, which is separate from any insurance coverage a peer-to-peer car sharing program may use to satisfy the liability which may accrue to a peer-to-peer car sharing program pursuant to section 30.13 of this act or which may be used to satisfy the requirements of subsection 4 of section 30.13 of this act, or file a bond or make a deposit pursuant to section 30.5 of this act.
(c) Pay a fee of $125.
3. Licenses issued pursuant to subsection 2 expire on December 31 of each year. Before December 31 of each year, licensees shall submit to the Department an application for renewal of the license in such form and including such information and documentation as the Director may require by regulation accompanied by an annual renewal fee of $50.
Sec. 30.4. The Department may refuse to issue or suspend or revoke a license as a peer-to-peer car sharing program upon any of the following grounds:
1. Material misstatement in the application for a license.
2. Willful failure to comply with any provision of this chapter or regulations adopted pursuant thereto. If the Department notifies a peer-to-peer car sharing program that the peer-to-peer car sharing program has violated the provisions of this chapter or the regulations adopted pursuant thereto and the peer-to-peer car sharing program fails to take corrective action within 10 days after having received the notice or continues to violate the provisions of this chapter or the regulations adopted pursuant thereto, the failure to take corrective action or the continuing violation, as applicable, shall be deemed prima facie evidence of willful failure to comply with the provisions of this chapter or the regulations adopted pursuant thereto.
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peer-to-peer car sharing program that the peer-to-peer car sharing program has violated the provisions of this chapter or the regulations adopted pursuant thereto and the peer-to-peer car sharing program fails to take corrective action within 10 days after having received the notice or continues to violate the provisions of this chapter or the regulations adopted pursuant thereto, the failure to take corrective action or the continuing violation, as applicable, shall be deemed prima facie evidence of willful failure to comply with the provisions of this chapter or the regulations adopted pursuant thereto.
3. Failure or refusal to furnish and keep in force any bond or maintain insurance in an amount established by the Director in regulations adopted pursuant to section 30.37 of this act to satisfy any liability that accrues to a peer-to-peer car sharing program for damage that arises from the failure of the peer-to-peer car sharing program to comply with the provisions of this chapter.
4. Failure or refusal to pay or otherwise discharge any final judgment entered against the licensee arising out of a violation of this chapter.
Sec. 30.43. 1. An applicant or licensee may, within 30 days after receipt of the notice of denial, suspension or revocation, petition the Director in writing for a hearing.
2. Except as otherwise provided in subsection 3, the Director shall make written findings of fact and conclusions and grant or finally deny the application or suspend or revoke the license within 15 days after the hearing unless, by interim order, the Director extends the time to 30 days after the hearing. If the license has been temporarily suspended, the suspension expires not later than 15 days after the hearing.
3. If the Director finds that the action is necessary in the public interest, upon notice to the licensee, the Director may temporarily suspend or refuse to renew the license issued to a peer-to-peer car sharing program for a period not to exceed 30 days. A hearing must be held, and a final decision rendered, within 30 days after notice of the temporary suspension.
4. The Director may issue subpoenas for the attendance of witnesses and the production of evidence.
Sec. 30.47. Upon judicial review of the denial or revocation of a license, the court for good cause shown may order a trial de novo.
Sec. 30.5. 1. In lieu of insurance coverage to satisfy any liability that accrues to a peer-to-peer car sharing program for damage that arises from the failure of the peer-to-peer car sharing program to comply with the provisions of this chapter, a peer-to-peer car sharing program may:
(a) File with the Department a bond of a surety company authorized to transact business in this State in an amount not less than $5,000 conditioned that the peer-to-peer car sharing program will comply with the provisions of this chapter in the operation of the peer-to-peer car sharing program.
(b) Deposit with the Department, under such terms as the Director may prescribe, a like amount of lawful money of the United States or a savings certificate of a bank, credit union, savings and loan association or savings bank situated in Nevada, which must state that the amount is unavailable for withdrawal except upon order of the Director. Interest earned on the amount accrues to the account of the licensee or applicant.
2. The bond must be continuous in form, and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.
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3. The bond must provide that a shared vehicle owner or shared vehicle driver injured by the failure of the licensee to provide the disclosures required by section 30.53 of this act or to otherwise comply with the provisions of this chapter may apply to the Director for compensation from the bond. The Director, for good cause shown and after notice and an opportunity for hearing, may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make the payment.
4. A deposit made pursuant to paragraph (b) of subsection 1 may be disbursed by the Director, for good cause shown and after notice and an opportunity for hearing, in an amount determined by the Director to compensate a shared vehicle owner or shared vehicle driver for an injury incurred due to the failure of the licensee to provide the disclosures required by section 30.53 of this act or to otherwise comply with the provisions of this chapter, or released upon receipt of:
(a) A court order requiring the Director to release all or a specified portion of the deposit; or
(b) A statement signed by the licensee requesting the Director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.
5. When a deposit is made pursuant to paragraph (b) of subsection 1, liability under the deposit must be in the amount prescribed by the Department. If the amount of the deposit is reduced or if there is an outstanding court judgment for which the licensee is liable under the deposit, the license as a peer-to-peer car sharing program is automatically suspended. The license must be reinstated if the licensee:
(a) Files an additional bond pursuant to subsection 1;
(b) Restores the deposit with the Department to the original amount required under this section; or
(c) Satisfies the outstanding judgment for which the licensee is liable under the deposit.
6. A deposit made pursuant to paragraph (b) of subsection 1 may be refunded:
(a) By order of the Director, 3 years after the date the licensee ceases to be licensed by the Department, if the Director is satisfied that there are no outstanding claims against the deposit; or
(b) By order of court, at any time within 3 years after the date the licensee ceases to be licensed by the Department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.
Sec. 30.53. Each car sharing program agreement entered into between a peer-to-peer car sharing program and a shared vehicle driver or shared vehicle owner shall disclose:
1. Any right of the peer-to-peer car sharing program to seek indemnification from the shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer car sharing program resulting from a breach of the terms and conditions of the car sharing program agreement.
2. That a motor vehicle liability insurance policy issued to the shared vehicle owner for the shared vehicle or to the shared vehicle driver does not provide a defense or indemnification for any claim asserted by the peer-to-peer car sharing program.
3. That the insurance coverage of the peer-to-peer car sharing program on the shared vehicle owner and the shared vehicle driver is in effect only during each car sharing period and that, for any use of the shared vehicle by the shared vehicle driver after the car sharing termination time, the shared vehicle driver and shared vehicle owner may not have insurance coverage.
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effect only during each car sharing period and that, for any use of the shared vehicle by the shared vehicle driver after the car sharing termination time, the shared vehicle driver and shared vehicle owner may not have insurance coverage.
4. The daily rate, fees and, if applicable, any insurance or protection package costs that are charged to the shared vehicle owner or the shared vehicle driver.
5. That the motor vehicle liability insurance of the shared vehicle owner may not provide coverage for a shared vehicle.
6. An emergency telephone number to personnel capable of fielding roadside assistance and other customer service inquiries.
7. If there are conditions under which a shared vehicle driver must maintain a personal motor vehicle liability insurance policy with certain applicable coverage limits on a primary basis in order to book a shared motor vehicle.
Sec. 30.57. 1. A peer-to-peer car sharing program may not enter into a car sharing program agreement with a person to be a shared vehicle driver unless the person:
(a) Possesses a valid drivers license issued by the Department that authorizes the person to operate vehicles of the class of the shared vehicle; or
(b) Is exempt from the requirement to obtain a Nevada drivers license pursuant to subsection 3 of NRS 483.240 and possesses a valid drivers license issued to the person in his or her home state or country that authorizes the person to operate vehicles of the class of the shared vehicle in that home state or country.
2. A peer-to-peer car sharing program shall keep a record of:
(a) The name and address of each shared vehicle driver;
(b) The number of the drivers license of each shared vehicle driver and each other person, if any, who will operate the shared vehicle; and
(c) The place of issuance of each drivers license described in paragraph (b).
Sec. 30.6. A peer-to-peer car sharing program shall have sole responsibility for any equipment, such as a GPS system or other special equipment, that is put in or on the shared vehicle to monitor or facilitate the car sharing transaction and shall indemnify and hold harmless the shared vehicle owner for any damage to or theft of such equipment during the car sharing period not caused by the shared vehicle owner. A peer-to-peer car sharing program may enter into an agreement with a shared vehicle driver wherein the shared vehicle driver agrees to indemnify the peer-to-peer car sharing program for any loss or damage to such equipment that occurs during the car sharing period.
Sec. 30.63. 1. At the time a motor vehicle owner registers as a shared vehicle owner through a peer-to-peer car sharing program and before being permitted to make a shared vehicle available for car sharing through the peer-to-peer car sharing program, the peer-to-peer car sharing program shall:
(a) Verify that the shared vehicle is not subject to any safety recalls on the vehicle for which the repairs have not been made; and
(b) Notify the shared vehicle owner of the requirements of subsections 2, 3 and 4.
2. If a shared vehicle owner has received an actual notice of a safety recall on the vehicle, the shared vehicle owner may not make the vehicle available as a shared vehicle on a peer-to-peer car sharing program until the safety recall repair has been made.
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available as a shared vehicle on a peer-to-peer car sharing program until the safety recall repair has been made.
3. If a shared vehicle owner receives an actual notice of a safety recall on a shared vehicle while the shared vehicle is made available through a peer-to-peer car sharing program, the shared vehicle owner shall remove the shared vehicle from being made available through the peer-to-peer car sharing program as soon as possible after receiving the notice of the safety recall and until the safety recall repair has been made.
4. If a shared vehicle owner receives an actual notice of a safety recall on a shared vehicle while the shared vehicle is in the possession of a shared vehicle driver, the shared vehicle owner shall notify the peer-to-peer car sharing program as soon as possible after receiving the notice of the safety recall so that the shared vehicle owner may address the safety recall repair.
Sec. 30.67. 1. Except as otherwise provided in subsection 2 and NRS 244A.810 and 244A.860, a local governmental entity shall not:
(a) Impose any tax or fee on:
(1) Any peer-to-peer car sharing program operating within the scope of a valid license issued pursuant to section 30.37 of this act;
(2) Any shared vehicle driver;
(3) Any shared vehicle owner; or
(4) Any shared vehicle.
(b) Require:
(1) A peer-to-peer car sharing program operating within the scope of a valid license issued pursuant to section 30.37 of this act to obtain from the local government any certificate, license or permit to operate as a peer-to-peer car sharing program; or
(2) A shared vehicle owner who makes a shared vehicle available through a peer-to-peer car sharing program to obtain from the local government any certificate, license or permit to make the shared vehicle available through a peer-to-peer car sharing program.
(c) Impose any other requirement on a peer-to-peer car sharing program, shared vehicle owner or shared vehicle driver which is not of general applicability to all similarly situated persons or entities within the jurisdiction of the local government.
2. Nothing in this section shall be construed to:
(a) Prohibit a local government from requiring a peer-to-peer car sharing program, or a shared vehicle owner operating as a corporation, limited partnership or limited-liability company through which the shared vehicle owner shares a vehicle using a peer-to-peer car sharing program, to obtain from the local government a business license or to pay any business license fee in the same manner that is generally applicable to any other business that operates within the jurisdiction of the local government.
(b) Prohibit an airport or its governing body from requiring a peer-to-peer car sharing program or shared vehicle owner to:
(1) Obtain a permit or certification to operate at the airport;
(2) Pay a fee to operate at the airport; or
(3) Comply with any other requirement to operate at the airport.
(c) Exempt a shared vehicle from any tax imposed pursuant to NRS 354.705, 371.043 or 371.045.
3. Nothing in this section shall be construed to exempt a peer-to-peer car sharing program from the requirement to obtain a state business license pursuant to chapter 76 of NRS.
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Sec. 30.7. NRS 482.053 is hereby amended to read as follows:
482.053 For the purposes of regulation under this chapter and of imposing tort liability under NRS 41.440, and for no other purpose:
1. Lease means a contract by which the lienholder or owner of a vehicle transfers to another person, for compensation, the right to use such vehicle [.] but does not include the sharing of a vehicle through a peer-to-peer car sharing program pursuant to sections 2 to 30.67, inclusive, of this act.
2. Long-term lessee means a person who has leased a vehicle from another person for a fixed period of more than 31 days.
3. Long-term lessor means a person who has leased a vehicle to another person for a fixed period of more than 31 days.
4. Short-term lessee means a person who has leased a vehicle from another person for a period of 31 days or less, or by the day, or by the trip.
5. Short-term lessor means a person who has leased a vehicle to another person for a period of 31 days or less, or by the day, or by the trip.
Sec. 31. NRS 482.300 is hereby amended to read as follows:
482.300 1. It is unlawful for any person to engage in the activities of a short-term lessor unless such person has been licensed pursuant to NRS 482.363.
2. A peer-to-peer car sharing program licensed pursuant to section 30.37 of this act and a shared vehicle owner, as defined by section 11 of this act, shall not be deemed to be engaged in the activities of a short-term lessor.
Sec. 31.1. (Deleted by amendment.)
Sec. 31.13. NRS 244A.810 is hereby amended to read as follows:
244A.810 1. Except as otherwise provided in subsection 2, the board of county commissioners of a county whose population is 100,000 or more but less than 700,000 may by ordinance impose a fee upon the lease of a passenger car by a short-term lessor in the county in the amount of not more than 2 percent of the total amount for which the passenger car was leased, excluding any taxes or other fees imposed by a governmental entity. If the board of county commissioners has imposed a fee pursuant to this section, the board of county commissioners shall by ordinance require such a fee to be charged and collected, in the manner required by section 11.3 of this act, when a shared vehicle that is a passenger car is shared through a peer-to-peer car sharing program in the county.
2. The fee imposed pursuant to subsection 1 must not apply to replacement vehicles. As used in this subsection, replacement vehicle means a vehicle that is:
(a) Rented temporarily by or on behalf of a person or leased to a person by a facility that repairs motor vehicles or a motor vehicle dealer; and
(b) Used by the person in place of a motor vehicle owned by the person that is unavailable for use because of mechanical breakdown, repair, service, damage or loss as defined in the owners policy of liability insurance for the motor vehicle.
3. Any proceeds of a fee imposed pursuant to this section which are received by a county must be used solely to pay the costs to acquire, lease, improve, equip, operate and maintain within the county a minor league baseball stadium project, or to pay the principal of, interest on or other payments due with respect to bonds issued to pay such costs, including bonds issued to refund bonds issued to pay such costs, or any combination thereof.
4. The board of county commissioners shall not repeal or amend or otherwise directly or indirectly modify an ordinance imposing a fee pursuant to subsection 1 in such a manner as to impair any outstanding bonds issued by or other obligations incurred by the county until all obligations for which revenue from the ordinance have been pledged or otherwise made payable from such revenue have been discharged in full or provision for full payment and redemption has been made.
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to subsection 1 in such a manner as to impair any outstanding bonds issued by or other obligations incurred by the county until all obligations for which revenue from the ordinance have been pledged or otherwise made payable from such revenue have been discharged in full or provision for full payment and redemption has been made.
5. As used in this section, the words and terms defined in NRS 482.053 and 482.087 and sections 8 and 9 of this act have the meanings ascribed to them in those sections.
Sec. 31.15. NRS 244A.860 is hereby amended to read as follows:
244A.860 1. Except as otherwise provided in subsection 2, the board of county commissioners of a county whose population is 700,000 or more may by ordinance impose a fee upon the lease of a passenger car by a short-term lessor in the county in the amount of not more than 2 percent of the total amount for which the passenger car was leased, excluding any taxes or other fees imposed by a governmental entity. If the board of county commissioners has imposed a fee pursuant to this section, the board of county commissioners shall by ordinance require such a fee to be charged and collected, in the manner required by section 11.3 of this act, when a shared vehicle that is a passenger car is shared through a peer-to-peer car sharing program in the county.
2. The fee imposed pursuant to subsection 1 must not apply to replacement vehicles. As used in this subsection, replacement vehicle means a vehicle that is:
(a) Rented temporarily by or on behalf of a person or leased to a person by a facility that repairs motor vehicles or a motor vehicle dealer; and
(b) Used by the person in place of a motor vehicle owned by the person that is unavailable for use because of mechanical breakdown, repair, service, damage or loss as defined in the owners policy of liability insurance for the motor vehicle.
3. After reimbursement of the Department pursuant to paragraph (a) of subsection 1 of NRS 244A.870 for its expense in collecting and administering a fee imposed pursuant to this section, the remaining proceeds of the fee which are received by a county must be used to pay the costs to acquire, improve, equip, operate and maintain within the county a performing arts center, or to pay the principal of, interest on or other payments due with respect to bonds issued to pay those costs, including bonds issued to refund bonds issued to pay those costs, or any combination thereof.
4. The board of county commissioners of a county that imposes the fee authorized by subsection 1 may enter into a cooperative agreement with another governmental entity in which the other governmental entity agrees to receive the proceeds of the fee from the county if the cooperative agreement includes a provision that requires the other governmental entity to assume all responsibility for the operation of the performing arts center and to use the proceeds of the fee it receives from the county to pay the costs to acquire, improve, equip, operate and maintain within the county a performing arts center, and to pay the principal of, interest on or other payments due with respect to bonds issued to pay those costs, including bonds issued to refund bonds issued to pay those costs, or any combination thereof. A governmental entity that enters into a cooperative agreement with the board of county commissioners pursuant to this subsection may delegate to a nonprofit organization one or more of the responsibilities that the governmental entity assumed pursuant to the cooperative agreement, including, without limitation, the acquisition, design, construction, improvement, equipment, operation and maintenance of the center.
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including, without limitation, the acquisition, design, construction, improvement, equipment, operation and maintenance of the center.
5. The board of county commissioners shall not repeal or amend or otherwise directly or indirectly modify an ordinance imposing a fee pursuant to subsection 1 in such a manner as to impair any outstanding bonds issued by or other obligations incurred by the county until all obligations for which revenue from the ordinance have been pledged or otherwise made payable from such revenue have been discharged in full or provision for full payment and redemption has been made.
6. A performing arts center to be acquired, improved, equipped, operated and maintained pursuant to this section may, regardless of the estimated cost of the center, be designed and constructed pursuant to a contract with a design-build team in accordance with NRS 338.1711 to 338.1727, inclusive.
7. As used in this section, the words and terms defined in NRS 482.053 and 482.087 and sections 8 and 9 of this act have the meanings ascribed to them in those sections.
Sec. 31.2. NRS 360.236 is hereby amended to read as follows:
360.236 Notwithstanding any specific statute to the contrary, if the Department determines that any taxpayer or other person has overpaid any tax or fee administered by the Department pursuant to this title or NRS 444A.090 or 482.313, or section 11.3 or 11.5 of this act the amount of the overpayment must be credited against any other such tax or fee then due from the taxpayer or other person before any portion of the overpayment may be refunded.
Sec. 31.25. NRS 360.291 is hereby amended to read as follows:
360.291 1. The Legislature hereby declares that each taxpayer has the right:
(a) To be treated by officers and employees of the Department with courtesy, fairness, uniformity, consistency and common sense.
(b) To a prompt response from the Department to each communication from the taxpayer.
(c) To provide the minimum documentation and other information as may reasonably be required by the Department to carry out its duties.
(d) To written explanations of common errors, oversights and violations that taxpayers experience and instructions on how to avoid such problems.
(e) To be notified, in writing, by the Department whenever its officer, employee or agent determines that the taxpayer is entitled to an exemption or has been taxed or assessed more than is required by law.
(f) To written instructions indicating how the taxpayer may petition for:
(1) An adjustment of an assessment;
(2) A refund or credit for overpayment of taxes, interest or penalties; or
(3) A reduction in or the release of a bond or other form of security required to be furnished pursuant to the provisions of this title that are administered by the Department.
(g) Except as otherwise provided in NRS 360.236 and 361.485, to recover an overpayment of taxes promptly upon the final determination of such an overpayment.
(h) To obtain specific advice from the Department concerning taxes imposed by the State.
(i) In any meeting with the Department, including an audit, conference, interview or hearing:
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(1) To an explanation by an officer, agent or employee of the Department that describes the procedures to be followed and the taxpayers rights thereunder;
(2) To be represented by himself or herself or anyone who is otherwise authorized by law to represent the taxpayer before the Department;
(3) To make an audio recording using the taxpayers own equipment and at the taxpayers own expense; and
(4) To receive a copy of any document or audio recording made by or in the possession of the Department relating to the determination or collection of any tax for which the taxpayer is assessed, upon payment of the actual cost to the Department of making the copy.
(j) To a full explanation of the Departments authority to assess a tax or to collect delinquent taxes, including the procedures and notices for review and appeal that are required for the protection of the taxpayer. An explanation which meets the requirements of this section must also be included with each notice to a taxpayer that an audit will be conducted by the Department.
(k) To the immediate release of any lien which the Department has placed on real or personal property for the nonpayment of any tax when:
(1) The tax is paid;
(2) The period of limitation for collecting the tax expires;
(3) The lien is the result of an error by the Department;
(4) The Department determines that the taxes, interest and penalties are secured sufficiently by a lien on other property;
(5) The release or subordination of the lien will not jeopardize the collection of the taxes, interest and penalties;
(6) The release of the lien will facilitate the collection of the taxes, interest and penalties; or
(7) The Department determines that the lien is creating an economic hardship.
(l) To the release or reduction of a bond or other form of security required to be furnished pursuant to the provisions of this title by the Department in accordance with applicable statutes and regulations.
(m) To be free from investigation and surveillance by an officer, agent or employee of the Department for any purpose that is not directly related to the administration of the taxes administered by the Department.
(n) To be free from harassment and intimidation by an officer, agent or employee of the Department for any reason.
(o) To have statutes imposing taxes and any regulations adopted pursuant thereto construed in favor of the taxpayer if those statutes or regulations are of doubtful validity or effect, unless there is a specific statutory provision that is applicable.
2. The provisions of this title and title 57 of NRS and NRS 244A.820, 244A.870, 482.313 and 482.315 , and sections 11.3 and 11.5 of this act governing the administration and collection of taxes by the Department must not be construed in such a manner as to interfere or conflict with the provisions of this section or any applicable regulations.
3. The provisions of this section apply to any tax administered, regulated and collected by the Department pursuant to the provisions of this title and title 57 of NRS and NRS 244A.820, 244A.870, 482.313 and 482.315 , and sections 11.3 and 11.5 of this act and any regulations adopted by the Department relating thereto.
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Sec. 31.3. NRS 360.2937 is hereby amended to read as follows:
360.2937 1. Except as otherwise provided in this section, NRS 360.320 or any other specific statute, and notwithstanding the provisions of NRS 360.2935, interest must be paid upon an overpayment of any tax provided for in chapter 362, 363A, 363B, 363C, 369, 370, 372, 372B, 374, 377, 377A, 377C or 377D of NRS, any of the taxes provided for in NRS 372A.290, any fee provided for in NRS 444A.090 or 482.313, or sections 11.3 and 11.5 of this act, or any assessment provided for in NRS 585.497, at the rate of 0.25 percent per month from the last day of the calendar month following the period for which the overpayment was made.
2. No refund or credit may be made of any interest imposed on the person making the overpayment with respect to the amount being refunded or credited.
3. The interest must be paid:
(a) In the case of a refund, to the last day of the calendar month following the date upon which the person making the overpayment, if the person has not already filed a claim, is notified by the Department that a claim may be filed or the date upon which the claim is certified to the State Board of Examiners, whichever is earlier.
(b) In the case of a credit, to the same date as that to which interest is computed on the tax or the amount against which the credit is applied.
Sec. 31.35. NRS 360.297 is hereby amended to read as follows:
360.297 1. A responsible person who willfully fails to collect or pay to the Department any tax or fee required to be paid to the Department pursuant to this title, NRS 444A.090 or 482.313, or chapter 680B of NRS, or sections 11.3 and 11.5 of this act, or who attempts to evade the payment of any such tax or fee, is jointly and severally liable with any other person who is required to pay such a tax or fee for the tax or fee owed plus interest and all applicable penalties. The responsible person shall pay the tax or fee upon notice from the Department that it is due.
2. As used in this section, responsible person includes:
(a) An officer or employee of a corporation; and
(b) A member or employee of a partnership or limited-liability company,
Κ whose job or duty it is to collect, account for or pay to the Department any tax or fee required to be paid to the Department pursuant to this title, NRS 444A.090 or 482.313, or chapter 680B of NRS [.] or sections 11.3 and 11.5 of this act.
Sec. 31.4. NRS 360.300 is hereby amended to read as follows:
360.300 1. If a person fails to file a return or the Department is not satisfied with the return or returns of any tax, contribution or premium or amount of tax, contribution or premium required to be paid to the State by any person, in accordance with the applicable provisions of this chapter, chapter 360B, 362, 363A, 363B, 363C, 369, 370, 372, 372A, 372B, 374, 377, 377A, 377C, 377D or 444A of NRS, NRS 482.313, or chapter 585 or 680B of NRS, or sections 11.3 or 11.5 of this act, as administered or audited by the Department, it may compute and determine the amount required to be paid upon the basis of:
(a) The facts contained in the return;
(b) Any information within its possession or that may come into its possession; or
(c) Reasonable estimates of the amount.
2. One or more deficiency determinations may be made with respect to the amount due for one or for more than one period.
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3. In making its determination of the amount required to be paid, the Department shall impose interest on the amount of tax determined to be due, calculated at the rate and in the manner set forth in NRS 360.417, unless a different rate of interest is specifically provided by statute.
4. The Department shall impose a penalty of 10 percent in addition to the amount of a determination that is made in the case of the failure of a person to file a return with the Department.
5. When a business is discontinued, a determination may be made at any time thereafter within the time prescribed in NRS 360.355 as to liability arising out of that business, irrespective of whether the determination is issued before the due date of the liability.
Sec. 31.45. NRS 360.412 is hereby amended to read as follows:
360.412 If the Department believes that the collection of any amount of sales or use tax, business tax or other excise due pursuant to this title, NRS 482.313 or chapter 585 of NRS or section 11.3 or 11.5 of this act will be jeopardized by delay, it shall make a determination of the amount required to be collected and serve notice of the determination upon the person against whom it is made.
Sec. 31.5. NRS 360.417 is hereby amended to read as follows:
360.417 Except as otherwise provided in NRS 360.232 and 360.320, and unless a different penalty or rate of interest is specifically provided by statute, any person who fails to pay any tax provided for in chapter 362, 363A, 363B, 363C, 369, 370, 372, 372B, 374, 377, 377A, 377C, 377D, 444A or 585 of NRS, any of the taxes provided for in NRS 372A.290, or any fee provided for in NRS 482.313 [,] or section 11.3 or 11.5 of this act, and any person or governmental entity that fails to pay any fee provided for in NRS 360.787, to the State or a county within the time required, shall pay a penalty of not more than 10 percent of the amount of the tax or fee which is owed, as determined by the Department, in addition to the tax or fee, plus interest at the rate of 0.75 percent per month, or fraction of a month, from the last day of the month following the period for which the amount or any portion of the amount should have been reported until the date of payment. The amount of any penalty imposed must be based on a graduated schedule adopted by the Nevada Tax Commission which takes into consideration the length of time the tax or fee remained unpaid.
Sec. 31.55. NRS 360.419 is hereby amended to read as follows:
360.419 1. If the Executive Director or a designated hearing officer finds that the failure of a person to make a timely return or payment of any tax or fee required to be paid to the Department pursuant to this title or NRS 482.313 or section 11.3 or 11.5 of this act is the result of circumstances beyond his or her control and occurred despite the exercise of ordinary care and without intent, the Department may relieve the person of all or part of any interest or penalty, or both.
2. A person seeking relief must file with the Department a statement under oath setting forth the facts upon which the person bases his or her claim.
3. The Department shall disclose, upon the request of any person:
(a) The name of the person to whom relief was granted; and
(b) The amount of the relief.
4. The Executive Director or a designated hearing officer shall act upon the request of a taxpayer seeking relief pursuant to NRS 361.4835 which is deferred by a county treasurer or county assessor.
κ2021 Statutes of Nevada, Page 1859 (CHAPTER 313, SB 389)κ
Sec. 31.6. NRS 360.510 is hereby amended to read as follows:
360.510 1. If any person is delinquent in the payment of any tax or fee administered by the Department or if a determination has been made against the person which remains unpaid, the Department may:
(a) Not later than 3 years after the payment became delinquent or the determination became final; or
(b) Not later than 6 years after the last recording of an abstract of judgment or of a certificate constituting a lien for tax owed,
Κ give a notice of the delinquency and a demand to transmit personally or by registered or certified mail to any person, including, without limitation, any officer or department of this State or any political subdivision or agency of this State, who has in his or her possession or under his or her control any credits or other personal property belonging to the delinquent, or owing any debts to the delinquent or person against whom a determination has been made which remains unpaid, or owing any debts to the delinquent or that person. In the case of any state officer, department or agency, the notice must be given to the officer, department or agency before the Department presents the claim of the delinquent taxpayer to the State Controller.
2. A state officer, department or agency which receives such a notice may satisfy any debt owed to it by that person before it honors the notice of the Department.
3. After receiving the demand to transmit, the person notified by the demand may not transfer or otherwise dispose of the credits, other personal property, or debts in his or her possession or under his or her control at the time the person received the notice until the Department consents to a transfer or other disposition.
4. Every person notified by a demand to transmit shall, within 10 days after receipt of the demand to transmit, inform the Department of and transmit to the Department all such credits, other personal property or debts in his or her possession, under his or her control or owing by that person within the time and in the manner requested by the Department. Except as otherwise provided in subsection 5, no further notice is required to be served to that person.
5. If the property of the delinquent taxpayer consists of a series of payments owed to him or her, the person who owes or controls the payments shall transmit the payments to the Department until otherwise notified by the Department. If the debt of the delinquent taxpayer is not paid within 1 year after the Department issued the original demand to transmit, the Department shall issue another demand to transmit to the person responsible for making the payments informing him or her to continue to transmit payments to the Department or that his or her duty to transmit the payments to the Department has ceased.
6. If the notice of the delinquency seeks to prevent the transfer or other disposition of a deposit in a bank or credit union or other credits or personal property in the possession or under the control of a bank, credit union or other depository institution, the notice must be delivered or mailed to any branch or office of the bank, credit union or other depository institution at which the deposit is carried or at which the credits or personal property is held.
7. If any person notified by the notice of the delinquency makes any transfer or other disposition of the property or debts required to be withheld or transmitted, to the extent of the value of the property or the amount of the debts thus transferred or paid, that person is liable to the State for any indebtedness due pursuant to this chapter, chapter 360B, 362, 363A, 363B, 363C, 369, 370, 372, 372A, 372B, 374, 377, 377A, 377C, 377D or 444A of NRS, NRS 482.313, or chapter 585 or 680B of NRS or section 11.3 or 11.5 of this act from the person with respect to whose obligation the notice was given if solely by reason of the transfer or other disposition the State is unable to recover the indebtedness of the person with respect to whose obligation the notice was given.
κ2021 Statutes of Nevada, Page 1860 (CHAPTER 313, SB 389)κ
363C, 369, 370, 372, 372A, 372B, 374, 377, 377A, 377C, 377D or 444A of NRS, NRS 482.313, or chapter 585 or 680B of NRS or section 11.3 or 11.5 of this act from the person with respect to whose obligation the notice was given if solely by reason of the transfer or other disposition the State is unable to recover the indebtedness of the person with respect to whose obligation the notice was given.
Sec. 31.65. NRS 360.530 is hereby amended to read as follows:
360.530 1. At any time within 3 years after any person has become delinquent in the payment of any amount of sales or use tax or other excise due pursuant to this title, NRS 482.313 or chapter 585 of NRS, or section 11.3 or 11.5 of this act, the Department may seize any property, real or personal, of the person and sell the property, or a sufficient part of it, at public auction to pay the amount due, together with any interest or penalties imposed for the delinquency and any costs incurred on account of the seizure and sale.
2. Any seizure made to collect a tax due may be only of the property of the person not exempt from execution under the provisions of law.
Sec. 31.7. 1. There is hereby appropriated from the State General Fund to the Department of Taxation for personnel, operating, equipment and computer programming costs to carry out the provisions of this act the following sums:
For the Fiscal Year 2021-2022.................................................... $374,871
For the Fiscal Year 2022-2023.................................................... $406,699
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
Sec. 32. 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. 33. 1. This section and section 32 of this act become effective upon passage and approval.
2. Sections 1 to 31.65, 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.
3. Section 31.7 of this act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 1861κ
Assembly Bill No. 40Committee on Natural Resources
CHAPTER 314
[Approved: June 3, 2021]
AN ACT relating to storage tanks; revising the method by which certain representatives who are members of the Board to Review Claims in the Division of Environmental Protection of the State Department of Conservation and Natural Resources are nominated; revising provisions governing responsibility for discharges from certain storage tanks; revising the requirements relating to the eligibility of a storage tank for the coverage of certain costs from the Fund for Cleaning Up Discharges of Petroleum; authorizing the distribution of additional amounts from the Fund to cover the cost for cleaning up certain discharges; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law: (1) the Department of Motor Vehicles is required to impose fees on the importation of certain fuels into this State; and (2) the Division of Environmental Protection of the State Department of Conservation and Natural Resources is required to impose an annual fee on certain operators of storage tanks for the registration of storage tanks used to store petroleum in this State. (NRS 445C.330, 445C.340) The money collected from such fees is required to be deposited into the Fund for Cleaning Up Discharges of Petroleum, and used, in part, to: (1) reimburse the Division for the costs of cleaning up discharges involving petroleum, heating oil and certain petrochemicals from storage tanks and mobile tanks; and (2) provide financial assistance to operators of petroleum storage tanks for certain costs related to compliance with federal laws and regulations relating to preventing discharge of petroleum from a storage tank. (NRS 445C.310, 445C.320, 445C.360-445C.380) The Board to Review Claims is required by existing law to adopt regulations relating to the Fund. (NRS 445C.310)
For the purposes of this existing law, sections 1 and 2 of this bill expand the definitions of operator and storage tank. (NRS 445C.250, 445C.280) Section 1 expands the definition of operator from a person who owns, controls, or is responsible for the operation of a storage tank to a person who: (1) owns, controls or is responsible for the operation and management of a storage tank or a discharge from a storage tank; (2) was previously in charge of a storage tank immediately before the use of the storage tank was discontinued; (3) owns the property on which the storage tank is or was previously located; or (4) owns property on which a discharge from a storage tank has occurred and is responsible for the management and cleanup of the discharge. Section 3 of this bill makes a conforming change by removing a conflicting definition of operator. Section 2 revises the definition of storage tank to include the distribution piping associated with the tank. Sections 4-8 of this bill make conforming changes by replacing certain references to a tank with storage tank.
Existing law creates the Board to Review Claims in the Division and provides that the Board consists of certain members, including representatives of certain fields of enterprise. Existing law requires the Governor to appoint each representative from a list of three persons who are nominated by persons engaged in that field of enterprise in this State, through their trade association if one exists. (NRS 445C.300) Section 2.5 of this bill requires the persons engaged in each field of enterprise, through their trade association if one exists, to submit to the Governor the name of their nominee or a list of names of not more than three nominees.
κ2021 Statutes of Nevada, Page 1862 (CHAPTER 314, AB 40)κ
their nominee or a list of names of not more than three nominees. Section 2.5 requires the Governor to appoint as the representatives: (1) the person named as the nominee; or (2) if a list of nominees is submitted, one of the persons listed as a nominee.
Federal regulations set forth tank tightness testing standards for storage tanks. (40 C.F.R. § 280.43(c)) Unless a tank has been tested for tightness according to those federal regulations since July 1, 1988, existing law requires each operator who is required, or who chooses, to register a tank to test the tank pursuant to those federal regulations before the tank is eligible for coverage of certain costs from the Fund. (NRS 445C.360) Federal regulations additionally set forth line tightness testing standards. (40 C.F.R. § 280.44(b)) Section 4 of this bill instead requires that, before a storage tank is eligible for the coverage of certain costs from the Fund, the operator must, unless the storage tank has been tested for tank and line tightness according to both federal regulations within the previous 6 months, demonstrate that: (1) the storage tank is being monitored for a discharge; and (2) a discharge has not occurred.
Existing law allocates the costs of payment relating to the cleanup of discharges of petroleum from storage tanks and the liability for damages for such discharges between the Fund and the operator of the storage tank. (NRS 445C.370, 445C.380) Existing law limits the total amount that may be paid from the Fund in any 1 fiscal year to certain operators to $1,900,000 for the cleanup of such discharges and $1,900,000 for liability for such damages. (NRS 445C.380) Section 6 of this bill increases each of these amounts to $1,950,000.
Existing law provides that any further cost for cleaning up or for damages which is in excess of the amount paid to an operator from the Fund must be paid by the operator. (NRS 445C.380) Section 6 additionally provides that any further cost for cleaning up which is in excess of the amount paid to an operator must be paid by the operator unless: (1) the Division requires additional cleanup to occur in compliance with certain requirements; and (2) the Board determines that certain conditions are met. Section 6 provides that if these conditions are met and the amount paid to the operator from the Fund has been exhausted, the Board may approve the operator to receive an additional allotment of not more than $1,000,000 from the Fund for cleaning up discharged petroleum at the site of the storage tank. Section 6 authorizes the Board to approve additional allotments of not more than $1,000,000 per allotment for cleaning up discharged petroleum at the site of the storage tank if: (1) the conditions continue to be met; and (2) the previous allotment has been exhausted. Section 6 further requires an operator which has received an additional allotment to pay a certain amount of the costs of cleaning up discharged petroleum at the site of the storage tank depending on the type of operator.
Existing law prescribes a specific allocation with respect to the operator which is a small business who is responsible for a discharge. (NRS 445C.380) Section 6 removes the definition of small business in existing law and instead requires the Board to Review Claims to define small business by regulation. Sections 4 and 8 of this bill remove references to inapplicable existing law relating to the allocation of costs for discharges.
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 445C.250 is hereby amended to read as follows:
445C.250 Operator means a person who [owns,] :
1. Owns, controls or is responsible for the operation and management of a storage tank [.] or a discharge from a storage tank;
κ2021 Statutes of Nevada, Page 1863 (CHAPTER 314, AB 40)κ
2. Previously owned, controlled or was responsible for the operation and management of a storage tank immediately before the use of the storage tank was discontinued;
3. Owns the property on which a storage tank is operated and managed, or was previously operated and managed if the use of the storage tank was discontinued; or
4. Owns property on which a discharge from a storage tank has occurred and is responsible for the management and cleanup of the discharge.
Sec. 2. NRS 445C.280 is hereby amended to read as follows:
445C.280 Storage tank means any tank , and the distribution piping associated with the tank, used to store petroleum, except petroleum for use in a chemical process.
Sec. 2.5. NRS 445C.300 is hereby amended to read as follows:
445C.300 1. The Board to Review Claims is hereby created in the Division. The Board consists of:
(a) The Administrator of the Division;
(b) The Director of the Department;
(c) The State Fire Marshal;
(d) A representative of refiners of petroleum;
(e) A representative of independent dealers in petroleum;
(f) A representative of independent retailers of petroleum; and
(g) A representative of the general public.
2. An officer designated as a member of the Board may designate a substitute. Persons engaged in a field of enterprise in this State that is listed in paragraph (d), (e) or (f) of subsection 1, through their trade association if one exists, shall submit to the Governor the name of their nominee or a list of names of not more than three nominees. The Governor shall appoint the person so nominated or, if more than one person is nominated, one of the persons from the list of nominees as the [respective representatives] representative designated as [members] a member of the Board. [Each representative of a field of enterprise must be appointed from a list of three persons nominated by persons engaged in that field in this State, through their trade association if one exists.]
3. The Board shall select its Chair. The Administrator of the Division shall provide administrative assistance to the Board as required.
4. Each member who is appointed by the Governor is entitled to receive a salary of not more than $80, as fixed by the Board, for each days attendance at a meeting of the Board.
5. While engaged in the business of the Board, each member of the Board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 3. NRS 445C.320 is hereby amended to read as follows:
445C.320 Notwithstanding any provision of NRS 445C.150 to 445C.410, inclusive, to the contrary, and except as otherwise provided in this section:
1. The Division may expend not more than $2,000,000 from the Fund per fiscal year as reimbursement for necessary costs incurred by the Division in the response to and cleanup of discharges in the State, including discharges from a storage tank and discharges from a mobile tank that occur during the transportation of petroleum or a petrochemical on roads and highways.
κ2021 Statutes of Nevada, Page 1864 (CHAPTER 314, AB 40)κ
during the transportation of petroleum or a petrochemical on roads and highways. The Interim Finance Committee may approve the expenditure of more than $2,000,000 from the Fund in a fiscal year for the purposes described in this subsection. If a discharge also involves another hazardous material, the Division may expend money pursuant to this section in the cleanup of the discharge and the other hazardous material. The Division shall not expend money from the Fund pursuant to this section to clean up discharges from pipelines.
2. Except as otherwise provided in this subsection, money from the Fund expended by the Division pursuant to this section must be used to augment, and must not be used to replace or supplant, any money available from other sources for the cleanup of discharges, including, without limitation, reimbursements by operators required to be made to the Division pursuant to NRS 445C.340 and 445C.360. If no money is available from those other sources, the Division may expend money from the Fund pursuant to this section to reimburse the Division for any costs specified in subsection 1.
3. If the Division expends money pursuant to this section to clean up a discharge involving:
(a) Petroleum, the operator of the tank shall reimburse the Division for the operators share of the costs for cleaning up the discharge.
(b) A petrochemical, the person who is responsible for the discharge shall reimburse the Division for the persons share of the costs for cleaning up the discharge.
Κ The Division shall, upon being reimbursed pursuant to this subsection, deposit that money in the Fund.
4. As used in this section:
(a) Discharge means, unless authorized by state or federal law, any:
(1) Release of a petrochemical into water or soil; or
(2) Release, leaking or spilling of petroleum or a petrochemical from a tank into water or soil.
(b) [Operator means a person who owns, controls or is responsible for the operation of a tank.
(c)] Petrochemical means a chemical derived from petroleum or a petroleum feedstock, including, without limitation, perchloroethylene and any degradation product of perchloroethylene.
[(d)] (c) Tank means a storage tank or a mobile tank used to transport petroleum or a petrochemical received for sale or use in this State.
Sec. 4. NRS 445C.360 is hereby amended to read as follows:
445C.360 1. The operator of every storage tank, and every person who for compensation puts petroleum into a storage tank, shall report to the Division every discharge from that storage tank of which the operator or other person is aware or has reason to believe has occurred. The Division shall undertake or contract for cleaning up the discharge unless the operator or another person is already acting properly to clean it up. If the Division cleans up the discharge, the operator shall reimburse the Division for the operators share of the costs. If, in cleaning up the discharge, the Division expends money from the Fund in accordance with NRS 445C.320, the Division shall, upon being reimbursed by the operator of the storage tank pursuant to this subsection, deposit that money in the Fund.
κ2021 Statutes of Nevada, Page 1865 (CHAPTER 314, AB 40)κ
expends money from the Fund in accordance with NRS 445C.320, the Division shall, upon being reimbursed by the operator of the storage tank pursuant to this subsection, deposit that money in the Fund.
2. [Each] Before a storage tank is eligible for the coverage provided by NRS 445C.380, each operator who is required pursuant to subsection 1 of NRS 445C.340 or who chooses to register a storage tank must, unless the storage tank has been tested for tightness under the federal standards embodied in 40 C.F.R. [§ 280.43c since July 1, 1988, test the tank pursuant to those standards before it is eligible for the coverage provided by NRS 445C.370 and 445C.380.] §§ 280.43(c) and 280.44(b) within the previous 6 months, demonstrate that:
(a) The storage tank is being monitored for a discharge; and
(b) A discharge has not occurred.
Sec. 5. NRS 445C.370 is hereby amended to read as follows:
445C.370 The costs resulting from a discharge from a storage tank which has a capacity of 1,100 gallons or less and is used to store heating oil for consumption on the same premises where the oil is stored must be paid as follows, to the extent applicable:
1. The first $250 for cleaning up and the first $250 of liability for damages to a person other than this State or the operator of the storage tank, or both amounts, by the operator.
2. If necessary to protect the environment or the public health and safety, the next $250,000 for cleaning up and the next $250,000 for damages to a person other than this State or the operator of the storage tank, or both amounts, from the Fund. These limits apply to any one discharge and to the total for discharges from storage tanks controlled by any one operator in any fiscal year. For the purpose of this limitation, a group of operators more than 50 percent of whose net worth is beneficially owned by the same person or persons constitutes one operator.
3. Any further cost for cleaning up or for damages, by the operator.
Sec. 6. NRS 445C.380 is hereby amended to read as follows:
445C.380 1. If the costs resulting from a discharge from any other storage tank exceed $5,000, the costs must be paid as follows, to the extent applicable:
[1.] (a) By an operator which is an agency, department, division or political subdivision of the State, 10 percent or $10,000, whichever is less, of the first $1,000,000 for cleaning up each storage tank and of the first $1,000,000 of liability for damages from each storage tank to any person other than this State or the operator of the storage tank, or both amounts. The balance of the first $1,000,000 for cleaning up each storage tank or for damages from each storage tank must be paid from the Fund, but the total amount paid from the Fund pursuant to this [subsection] paragraph in any one fiscal year for discharges from two or more storage tanks under the control of any one operator must not exceed $1,980,000 for cleaning up the tanks and $1,980,000 for damages.
[2.] (b) By an operator which is a small business, [10] 5 percent of the first $1,000,000 for cleaning up each storage tank and of the first $1,000,000 of liability for damages from each storage tank to a person other than this State or the operator of the storage tank, or both amounts. The total amount paid by an operator pursuant to this [subsection] paragraph must not exceed $50,000 for cleaning up and $50,000 for damages regardless of the number of storage tanks involved.
κ2021 Statutes of Nevada, Page 1866 (CHAPTER 314, AB 40)κ
$50,000 for cleaning up and $50,000 for damages regardless of the number of storage tanks involved. The balance of the first $1,000,000 for cleaning up each storage tank or for damages from each storage tank must be paid from the Fund, but the total amount paid from the Fund pursuant to this [subsection] paragraph in any one fiscal year for discharges from two or more storage tanks under the control of any one operator must not exceed [$1,900,000] $1,950,000 for cleaning up the storage tanks and [$1,900,000] $1,950,000 for damages. For the purpose of this limitation, a group of operators more than 50 percent of whose net worth is beneficially owned by the same person or persons constitutes one operator.
[3.] (c) By all other operators:
[(a)] (1) Ten percent of the first $1,000,000 for cleaning up each storage tank and of the first $1,000,000 of liability for damages from each storage tank to a person other than this State or the operator of the storage tank, or both amounts.
[(b)] (2) Ninety percent of the first $1,000,000 for cleaning up each storage tank [or] and of the first $1,000,000 of liability for damages from each storage tank must be paid from the Fund.
Κ The total amount paid from the Fund pursuant to [paragraph (b)] subparagraph (2) in any one fiscal year for discharges from two or more storage tanks under the control of any one operator must not exceed $1,800,000 for cleaning up the storage tanks and $1,800,000 for damages. For the purpose of this limitation, a group of operators more than 50 percent of whose net worth is beneficially owned by the same person or persons constitutes one operator.
[4.] 2. Any further cost for damages which is in excess of the amount paid pursuant to subsection 1 must be paid by the operator.
3. Except as otherwise provided in subsections 4 and 5, any further cost for cleaning up [or for damages] which is in excess of the [amounts] amount paid pursuant to [subsections 1, 2 and 3] subsection 1 must be paid by the operator.
[5.] 4. The Board may approve an operator to receive an additional allotment of not more than $1,000,000 from the Fund for cleaning up discharged petroleum at the site of a storage tank if:
(a) The Division requires additional cleanup to occur in compliance with any of the requirements of the Division concerning the cleanup of discharged petroleum;
(b) The Board determines that:
(1) The operator is in compliance with any requirements of the Division concerning the cleanup of discharged petroleum;
(2) The operator has obtained approval from the Division for a plan and a schedule to clean up the discharged petroleum;
(3) Except as otherwise provided in subparagraph (4), the operator is not liable pursuant to subsection 1 of NRS 445C.390;
(4) If the operator is liable pursuant to subsection 1 of NRS 445C.390, the operator has complied with subsection 2 of NRS 445C.390;
(5) The facility where the storage tank is located has complied with the applicable provisions of NRS 459.800 to 459.856, inclusive, for the immediately preceding 3 years; and
κ2021 Statutes of Nevada, Page 1867 (CHAPTER 314, AB 40)κ
(6) The operator has not received money for damages pursuant to subsection 1 before July 1, 2021; and
(c) The amount paid to the operator pursuant to subsection 1 for cleaning up the storage tank has been exhausted.
5. In addition to an allotment made pursuant to subsection 4, the Board may approve an operator to receive one or more additional allotments of not more than $1,000,000 per allotment from the Fund for cleaning up discharged petroleum at the site of a storage tank if:
(a) The Division requires additional cleanup pursuant to paragraph (a) of subsection 4;
(b) The Board determines that the conditions in paragraph (b) of subsection 4 are met; and
(c) The amounts paid to the operator from the Fund for cleaning up discharged petroleum at the site of the storage tank have been exhausted.
6. If the Board approves an additional allotment for cleaning up discharged petroleum at the site of a storage tank pursuant to subsection 4 or 5, for each such allotment:
(a) An operator which is an agency, department, division or political subdivision of the State shall pay an amount equal to 10 percent or $10,000, whichever is less, of the allotment for the costs of cleaning up discharged petroleum at the site of the storage tank.
(b) An operator which is a small business shall pay an amount equal to 5 percent of the allotment for the costs of cleaning up discharged petroleum at the site of the storage tank.
(c) Any operator not described in paragraph (a) or (b) shall pay an amount equal to 10 percent of the allotment for the costs of cleaning up discharged petroleum at the site of the storage tank.
7. A political subdivision of the State that receives money from the Fund pursuant to subsection 1 , 4 or 5 to pay for the costs of cleaning up shall hold one public hearing upon initiation of the cleanup and one public hearing every 3 months thereafter until the cleanup is completed to ensure that the cleanup complies with any requirements of the Division concerning the cost-effectiveness of cleaning up. The costs incurred by the political subdivision for the hearing must not be attributed to the political subdivision as part of the costs paid by the political subdivision pursuant to subsection 1 [.
6.] , 4 or 5.
8. For the purposes of this section, [a small business is a business which receives less than $500,000 in gross annual receipts from the site where the tank is located.] the Board shall define by regulation small business.
9. As used in this section, site means the facility, whether situated on a single parcel or on multiple adjacent parcels, where the storage tank is located.
Sec. 7. NRS 445C.390 is hereby amended to read as follows:
445C.390 1. Any person who, through willful or wanton misconduct, through gross negligence or through violation of any applicable statute or regulation, including specifically any state or federal standard pertaining to the preparation or maintenance of sites for storage tanks, proximately causes a discharge is liable to the Division for any cost in cleaning up the discharge or paying for it to be cleaned up.
κ2021 Statutes of Nevada, Page 1868 (CHAPTER 314, AB 40)κ
the preparation or maintenance of sites for storage tanks, proximately causes a discharge is liable to the Division for any cost in cleaning up the discharge or paying for it to be cleaned up.
2. If a discharge occurs, the site of the storage tank and any other premises affected by the discharge must be brought into compliance with any applicable standard as described in subsection 1.
Sec. 8. NRS 445C.410 is hereby amended to read as follows:
445C.410 1. Except as otherwise specifically provided in NRS 445C.320, the provisions of NRS 445C.340 to 445C.400, inclusive, do not apply to any storage tank which:
(a) Contains petroleum being transported through this State in interstate commerce, but do apply to a storage tank being used to store petroleum received for sale or use in this State;
(b) Contains fuel for jet or turbine-powered aircraft, or is above ground and has a capacity of 30,000 gallons or less, unless in either case the operator complies with subsection 2; or
(c) Is above ground and has a capacity of more than 30,000 gallons.
2. The operator of a tank exempted by paragraph (b) of subsection 1 may obtain the coverage provided by NRS [445C.370 and] 445C.380 by applying to the Board, paying the fee set pursuant to NRS 445C.340 for its registration, and, if the tank is used to store fuel for jet or turbine-powered aircraft, reporting monthly the number of gallons of fuel put into the tank and paying the fee required by NRS 445C.330. Coverage pursuant to this subsection begins 6 months after the tank is registered and the required fee first paid.
Sec. 9. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 8, 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 1869κ
Assembly Bill No. 121Assemblymen Cohen; Anderson, Bilbray-Axelrod, Brown-May, Carlton, Duran, Flores, Frierson, Gonzαlez, Gorelow, Jauregui, Martinez, Marzola, Brittney Miller, C.H. Miller, Monroe-Moreno, Nguyen, Orentlicher, Peters, Summers-Armstrong, Thomas, Torres, Watts and Yeager
Joint Sponsors: Senators Ohrenschall, Spearman and Lange
CHAPTER 315
[Approved: June 3, 2021]
AN ACT relating to elections; requiring the Secretary of State to allow an elector with a disability to register to vote and a registered voter with a disability to request and cast an absent ballot using the system of approved electronic transmission established for certain uniformed military and overseas voters; setting forth certain requirements for such an elector or registered voter to use the system of approved electronic transmission; eliminating the requirement to cancel a persons voter registration if a person changes his or her party affiliation; revising the deadline by which certain uniformed military and overseas voters may submit an application to register to vote or a request for a military-overseas ballot; making various other changes related to the system of approved electronic transmission established for certain uniformed military and overseas voters; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Secretary of State to establish a system of approved electronic transmission through which certain uniformed military and overseas voters may register to vote, apply for a military-overseas ballot and cast a military-overseas ballot. (NRS 293D.200) Section 1 of this bill requires the Secretary of State to allow the system of approved electronic transmission to be used by: (1) an elector with a disability to register to vote; and (2) a registered voter with a disability to apply for and cast an absent ballot. Section 1 also requires the system of approved electronic transmission to allow such an elector or registered voter to provide his or her digital or electronic signature on any document or other material that is necessary for the elector to register to vote or the registered voter to apply for and cast an absent ballot. Section 1 further requires the Secretary of State to prescribe procedures to be used by local elections officials in accepting, handling and counting absent ballots received from a registered voter with a disability using the system of approved electronic transmission.
Sections 2-12 of this bill make conforming changes related to allowing the use of the system of approved electronic transmission by an elector with a disability to register to vote and a registered voter with a disability to request and cast an absent ballot.
Existing law authorizes certain uniformed military and overseas voters to: (1) use a federal postcard application or the applications electronic equivalent to apply to register to vote; or (2) use the declaration accompanying the federal write-in absentee ballot to apply to register to vote simultaneously with the submission of the federal write-in absentee ballot if the application or the declaration, as applicable, is received by the appropriate elections official by the seventh day before the election. (NRS 293D.230) Existing law further authorizes certain uniformed military and overseas voters to submit an application for a military-overseas ballot by the seventh day before the election. (NRS 293D.300, 293D.310) Existing law also requires a military-overseas ballot to be received by the appropriate local elections official not later than the close of the polls. (NRS 293D.400) Sections 13-16 of this bill provide that the deadline for certain uniformed military and overseas voters to: (1) submit a federal postcard application or the applications electronic equivalent to apply to register to vote; (2) submit the federal write-in absentee ballot and register to vote simultaneously using the declaration accompanying the federal write-in absentee ballot; or (3) apply for a military-overseas ballot and return the military-overseas ballot to the appropriate local elections official is the time set for closing the polls on election day pursuant to NRS 293.273, which is currently 7 p.m.
κ2021 Statutes of Nevada, Page 1870 (CHAPTER 315, AB 121)κ
deadline for certain uniformed military and overseas voters to: (1) submit a federal postcard application or the applications electronic equivalent to apply to register to vote; (2) submit the federal write-in absentee ballot and register to vote simultaneously using the declaration accompanying the federal write-in absentee ballot; or (3) apply for a military-overseas ballot and return the military-overseas ballot to the appropriate local elections official is the time set for closing the polls on election day pursuant to NRS 293.273, which is currently 7 p.m. As a result of the changes made by sections 13-16, a person with a disability may also use the system of approved electronic transmission to register to vote, request an absent ballot and cast an absent ballot until the time set for closing the polls on election day.
Sections 1, 13 and 14 of this bill require a local elections official to time stamp the electronic equivalent of: (1) the federal postcard application; or (2) an application to register to vote and ballot cast by a person with a disability using the system of approved electronic transmission upon receipt.
Existing law requires the county clerk to cancel the registration of a person if he or she requests to affiliate with a political party or change his or her affiliation and provides that the person may reregister immediately. (NRS 293.540, 293.543) Sections 11.3 and 11.7 of this bill revise these provisions to remove the requirement for the county clerk to cancel the registration of a person who requests to affiliate or change his or her affiliation with a political party.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Secretary of State shall allow:
(a) An elector with a disability to use the system of approved electronic transmission established pursuant to NRS 293D.200 to register to vote in every election where the system of approved electronic transmission is available to a covered voter to register to vote, including, without limitation, an affected election. The deadline for an elector with a disability to use the system of approved electronic transmission to register to vote is the same as the deadline set forth in NRS 293D.230 for a covered voter to register to vote.
(b) A registered voter with a disability to use the system of approved electronic transmission established pursuant to NRS 293D.200 to apply for and cast an absent ballot in every election where the system of approved electronic transmission is available to a covered voter to request and cast a military-overseas ballot, including, without limitation, an affected election. The deadlines for a registered voter with a disability to use the system of approved electronic transmission to request and cast an absent ballot are the same as the deadlines set forth in NRS 293D.310 and 293D.400 for a covered voter to request and cast a military-overseas ballot.
2. Upon receipt of an application and ballot cast by a person with a disability using the system of approved electronic transmission established pursuant to NRS 293D.200, the local elections official shall affix, mark or otherwise acknowledge receipt of the application and ballot by means of a time stamp on the application.
3. The Secretary of State shall ensure that an elector with a disability or a registered voter with a disability may provide his or her digital signature or electronic signature on any document or other material that is necessary for the elector or registered voter to register to vote, apply for an absent ballot or cast an absent ballot, as applicable.
κ2021 Statutes of Nevada, Page 1871 (CHAPTER 315, AB 121)κ
necessary for the elector or registered voter to register to vote, apply for an absent ballot or cast an absent ballot, as applicable.
4. The Secretary of State shall prescribe the form and content of a declaration for use by an elector with a disability or a registered voter with a disability to swear or affirm specific representations pertaining to identity, eligibility to vote, status as such an elector or registered voter and timely and proper completion of an absent ballot.
5. The Secretary of State shall prescribe the duties of the county clerk upon receipt of an absent ballot sent by a registered voter with a disability using the system of approved electronic transmission, including, without limitation, the procedures to be used in accepting, handling and counting the absent ballot.
6. The Secretary of State shall make available to an elector with a disability or a registered voter with a disability information regarding instructions on using the system for approved electronic transmission to register to vote and apply for and cast an absent ballot.
7. The Secretary of State shall adopt any regulation necessary to carry out the provisions of this section.
8. As used in this section:
(a) Affected election has the meaning ascribed to it in NRS 293.8811.
(b) Covered voter has the meaning ascribed to it in NRS 293D.030.
(c) Digital signature has the meaning ascribed to it in NRS 720.060.
(d) Electronic signature has the meaning ascribed to it in NRS 719.100.
(e) Military-overseas ballot has the meaning ascribed to it in NRS 293D.050.
Sec. 2. NRS 293.250 is hereby amended to read as follows:
293.250 1. Except as otherwise provided in chapter 293D of NRS, the Secretary of State shall, in a manner consistent with the election laws of this State, prescribe:
(a) The form of all ballots, absent ballots, diagrams, sample ballots, certificates, notices, declarations, applications to preregister and register to vote, lists, applications, registers, rosters, statements and abstracts required by the election laws of this State.
(b) The procedures to be followed and the requirements of:
(1) A system established pursuant to NRS 293.506 for using a computer to register voters and to keep records of registration.
(2) The system established by the Secretary of State pursuant to NRS 293.671 for using a computer to register voters.
(3) The use of the system of approved electronic transmission established pursuant to NRS 293D.200 by electors and voters with disabilities pursuant to section 1 of this act.
2. Except as otherwise provided in chapter 293D of NRS, the Secretary of State shall prescribe with respect to the matter to be printed on every kind of ballot:
(a) The placement and listing of all offices, candidates and measures upon which voting is statewide, which must be uniform throughout the State.
(b) The listing of all other candidates required to file with the Secretary of State, and the order of listing all offices, candidates and measures upon which voting is not statewide, from which each county or city clerk shall prepare appropriate ballot forms for use in any election in his or her county.
κ2021 Statutes of Nevada, Page 1872 (CHAPTER 315, AB 121)κ
3. The Secretary of State shall place the condensation of each proposed constitutional amendment or statewide measure near the spaces or devices for indicating the voters choice.
4. The fiscal note for, explanation of, arguments for and against, and rebuttals to such arguments of each proposed constitutional amendment or statewide measure must be included on all sample ballots.
5. The condensations and explanations for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon consultation with the Attorney General. The arguments and rebuttals for or against constitutional amendments and statewide measures proposed by initiative or referendum must be prepared in the manner set forth in NRS 293.252. The fiscal notes for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau. The condensations, explanations, arguments, rebuttals and fiscal notes must be in easily understood language and of reasonable length, and whenever feasible must be completed by August 1 of the year in which the general election is to be held. The explanations must include a digest. The digest must include a concise and clear summary of any existing laws directly related to the constitutional amendment or statewide measure and a summary of how the constitutional amendment or statewide measure adds to, changes or repeals such existing laws. For a constitutional amendment or statewide measure that creates, generates, increases or decreases any public revenue in any form, the first paragraph of the digest must include a statement that the constitutional amendment or statewide measure creates, generates, increases or decreases, as applicable, public revenue.
6. The names of candidates for township and legislative or special district offices must be printed only on the ballots furnished to voters of that township or district.
7. A county clerk:
(a) May divide paper ballots into two sheets in a manner which provides a clear understanding and grouping of all measures and candidates.
(b) Shall prescribe the color or colors of the ballots and voting receipts used in any election which the clerk is required to conduct.
Sec. 3. NRS 293.313 is hereby amended to read as follows:
293.313 1. Except as otherwise provided in subsection 2 and NRS 293.272, 293.316, 293.3165 and 293.502, a registered voter may request an absent ballot if, before 5 p.m. on the 14th calendar day preceding the election, the registered voter:
(a) Provides sufficient written notice to the county clerk; and
(b) Has identified himself or herself to the satisfaction of the county clerk.
2. A registered voter with a disability may use the system for approved electronic transmission established by the Secretary of State pursuant to subsection 2 of NRS 293D.200 to request an absent ballot in accordance with section 1 of this act.
3. A registered voter may request an absent ballot for all elections held during the year he or she requests an absent ballot.
[3.] 4. A county clerk shall consider a request from a voter who has given sufficient written notice on a form provided by the Federal Government as a request for an absent ballot for the primary and general elections immediately following the date on which the county clerk received the request.
κ2021 Statutes of Nevada, Page 1873 (CHAPTER 315, AB 121)κ
as a request for an absent ballot for the primary and general elections immediately following the date on which the county clerk received the request.
[4.] 5. It is unlawful for a person fraudulently to request an absent ballot in the name of another person or to induce or coerce another person fraudulently to request an absent ballot in the name of another person. A person who violates this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 4. NRS 293.317 is hereby amended to read as follows:
293.317 1. Except as otherwise provided in this section, subsection 2 of NRS 293.323 and NRS 293D.200, and section 1 of this act, absent ballots, including special absent ballots, must be:
(a) Delivered by hand to the county clerk before the time set for closing of the polls pursuant to NRS 293.273; or
(b) Mailed to the county clerk and:
(1) Postmarked on or before the day of election; and
(2) Received by the county clerk not later than 5 p.m. on the seventh day following the election.
2. If an absent ballot is received by mail not later than 5 p.m. on the third day following the election and the date of the postmark cannot be determined, the absent ballot shall be deemed to have been postmarked on or before the day of the election.
Sec. 5. NRS 293.325 is hereby amended to read as follows:
293.325 1. Except as otherwise provided in NRS 293D.200, and section 1 of this act, when an absent ballot is returned by or on behalf of an absent voter to the county clerk through the mail, by facsimile machine or other approved electronic transmission or in person, and a record of its return is made in the absent ballot record for the election, the county clerk or an employee in the office of the county clerk shall check the signature used for the absent ballot in accordance with the following procedure:
(a) The county clerk or employee shall check the signature used for the absent ballot against all signatures of the voter available in the records of the county clerk.
(b) If at least two employees in the office of the county clerk believe there is a reasonable question of fact as to whether the signature used for the absent ballot matches the signature of the voter, the county clerk shall contact the voter and ask the voter to confirm whether the signature used for the absent ballot belongs to the voter.
2. For purposes of subsection 1:
(a) There is a reasonable question of fact as to whether the signature used for the absent ballot matches the signature of the voter if the signature used for the absent ballot differs in multiple, significant and obvious respects from the signatures of the voter available in the records of the county clerk.
(b) There is not a reasonable question of fact as to whether the signature used for the absent ballot matches the signature of the voter if:
(1) The signature used for the absent ballot is a variation of the signature of the voter caused by the substitution of initials for the first or middle name or the use of a common nickname and it does not otherwise differ in multiple, significant and obvious respects from the signatures of the voter available in the records of the county clerk; or
(2) There are only slight dissimilarities between the signature used for the absent ballot and the signatures of the voter available in the records of the county clerk.
κ2021 Statutes of Nevada, Page 1874 (CHAPTER 315, AB 121)κ
3. Except as otherwise provided in subsection 4, if the county clerk determines that the absent voter is entitled to cast the absent ballot and:
(a) No absent ballot central counting board has been appointed, the county clerk shall neatly stack, unopened, the absent ballot with any other absent ballot received that day in a container and deliver, or cause to be delivered, that container to the appropriate election board.
(b) An absent ballot central counting board has been appointed, the county clerk shall deposit the absent ballot in the proper ballot box or place the absent ballot, unopened, in a container that must be securely locked or under the control of the county clerk at all times. At the end of each day before election day, the county clerk may remove the absent ballots from each ballot box, neatly stack the absent ballots in a container and seal the container with a numbered seal. Not earlier than 15 days before the election, the county clerk shall deliver the absent ballots to the absent ballot central counting board to be processed and prepared for counting pursuant to the procedures established by the Secretary of State to ensure the confidentiality of the prepared ballots until after the polls have closed pursuant to NRS 293.273 or 293.305.
4. If the county clerk determines when checking the signature used for the absent ballot that the absent voter failed to affix his or her signature or failed to affix it in the manner required by law for the absent ballot or that there is a reasonable question of fact as to whether the signature used for the absent ballot matches the signature of the voter, but the voter is otherwise entitled to cast the absent ballot, the county clerk shall contact the voter and advise the voter of the procedures to provide a signature or a confirmation that the signature used for the absent ballot belongs to the voter, as applicable. For the absent ballot to be counted, the voter must provide a signature or a confirmation, as applicable, not later than 5 p.m. on the seventh day following the election or, if applicable, the ninth day following an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive.
5. The county clerk shall prescribe procedures for an absent voter who failed to affix his or her signature or failed to affix it in the manner required by law for the absent ballot, or for whom there is a reasonable question of fact as to whether the signature used for the absent ballot matches the signature of the voter, in order to:
(a) Contact the voter;
(b) Allow the voter to provide a signature or a confirmation that the signature used for the absent ballot belongs to the voter, as applicable; and
(c) After a signature or a confirmation is provided, as applicable, ensure the absent ballot is delivered to the appropriate election board or the absent ballot central counting board, as applicable.
6. The procedures established pursuant to subsection 5 for contacting an absent voter must require the county clerk to contact the voter, as soon as possible after receipt of the absent ballot, by:
(a) Mail;
(b) Telephone, if a telephone number for the voter is available in the records of the county clerk; and
(c) Electronic mail, if the voter has provided the county clerk with sufficient information to contact the voter by such means.
Sec. 6. NRS 293.330 is hereby amended to read as follows:
293.330 1. Except as otherwise provided in this section, subsection 2 of NRS 293.323, NRS 293.329 and chapter 293D of NRS, and section 1 of this act, in order to vote an absent ballot, the absent voter must, in accordance with the instructions:
κ2021 Statutes of Nevada, Page 1875 (CHAPTER 315, AB 121)κ
(a) Mark and fold the absent ballot;
(b) Deposit the absent ballot in the return envelope and seal the return envelope;
(c) Affix his or her signature on the return envelope in the space provided for the signature; and
(d) Mail or deliver the return envelope in a manner authorized by law.
2. Except as otherwise provided in subsection 3, if a voter who has requested an absent ballot by mail applies to vote the absent ballot in person at:
(a) The office of the county clerk, the voter must mark and fold the absent ballot, deposit it in the return envelope and seal the return envelope and affix his or her signature in the same manner as provided in subsection 1, and deliver the return envelope to the clerk.
(b) A polling place, including, without limitation, a polling place for early voting, the voter must surrender the absent ballot and provide satisfactory identification before being issued a ballot to vote at the polling place. A person who receives a surrendered absent ballot shall mark it Cancelled.
3. If a voter who has requested an absent ballot by mail applies to vote in person at the office of the county clerk or a polling place, including, without limitation, a polling place for early voting, and the voter does not have the absent ballot to deliver or surrender, the voter must be issued a ballot to vote if the voter:
(a) Provides satisfactory identification;
(b) Is a registered voter who is otherwise entitled to vote; and
(c) Signs an affirmation under penalty of perjury on a form prepared by the Secretary of State declaring that the voter has not voted during the election.
4. Except as otherwise provided in subsection 5, at the request of a voter whose absent ballot has been prepared by or on behalf of the voter for an election, a person authorized by the voter may return the absent ballot on behalf of the voter by mail or personal delivery to the county clerk.
5. Except for an election board officer in the course of the election board officers official duties, a person shall not willfully:
(a) Impede, obstruct, prevent or interfere with the return of a voters absent ballot;
(b) Deny a voter the right to return the voters absent ballot; or
(c) If the person receives the voters absent ballot and authorization to return the absent ballot on behalf of the voter by mail or personal delivery, fail to return the absent ballot, unless otherwise authorized by the voter, by mail or personal delivery:
(1) Before the end of the third day after the day of receipt, if the person receives the absent ballot from the voter four or more days before the day of the election; or
(2) Before the deadline established by the United States Postal Service for the absent ballot to be postmarked on the day of the election or before the polls close on the day of the election, as applicable to the type of delivery, if the person receives the absent ballot from the voter three or fewer days before the day of the election.
6. A person who violates any provision of subsection 5 is guilty of a category E felony and shall be punished as provided in NRS 193.130.
Sec. 7. NRS 293.333 is hereby amended to read as follows:
293.333 1. Except as otherwise provided in NRS 293D.200, and section 1 of this act, on the day of an election, the election boards receiving the absent ballots from the county clerk shall, in the presence of a majority of the election board officers, remove the absent ballots from the ballot box and the containers in which the absent ballots were transported pursuant to NRS 293.325 and deposit the absent ballots in the regular ballot box in the following manner:
κ2021 Statutes of Nevada, Page 1876 (CHAPTER 315, AB 121)κ
the containers in which the absent ballots were transported pursuant to NRS 293.325 and deposit the absent ballots in the regular ballot box in the following manner:
(a) The name of the voter, as shown on the return envelope or approved electronic transmission, must be checked as if the voter were voting in person;
(b) The signature used for the absent ballot must be checked in accordance with the procedure set forth in NRS 293.325;
(c) If the board determines that the voter is entitled to cast the absent ballot, the return envelope must be opened, the numbers on the absent ballot and return envelope or approved electronic transmission compared, the number strip or stub detached from the absent ballot and, if the numbers are the same, the absent ballot deposited in the regular ballot box; and
(d) The election board officers shall indicate in the roster Voted by the name of the voter.
2. The board must complete the count of all absent ballots on or before the seventh day following the election or, if applicable, the ninth day following an affected election that is subject to the provisions of NRS 293.8801 to 293.8887, inclusive.
Sec. 8. NRS 293.335 is hereby amended to read as follows:
293.335 When all absent ballots delivered to the election boards have been voted or rejected, except as otherwise provided in NRS 293D.200, and section 1 of this act, the empty envelopes and the envelopes and approved electronic transmissions containing rejected ballots must be returned to the county clerk. On all envelopes and approved electronic transmissions containing rejected ballots the cause of rejection must be noted and the envelope or approved electronic transmission signed by a majority of the election board officers.
Sec. 9. NRS 293.340 is hereby amended to read as follows:
293.340 1. In counties in which an absent ballot central counting board is appointed the county clerk shall provide a ballot box in the county clerks office for each different ballot listing in the county.
2. On each such box there must appear a statement indicating the precincts and district for which such box has been designated.
3. Except as otherwise provided in NRS 293D.200, and section 1 of this act, each absent ballot voted must be deposited in a ballot box according to the precinct or district of the absent voter voting such ballot.
Sec. 10. NRS 293.469 is hereby amended to read as follows:
293.469 Each county clerk is encouraged to:
1. Not later than the earlier date of the notice provided pursuant to NRS 293.203 or the first notice provided pursuant to subsection 3 of NRS 293.560, notify the public, through means designed to reach members of the public who are elderly or disabled, of the provisions of NRS 293.2955, 293.296, 293.313, 293.316 and 293.3165 [.] and section 1 of this act.
2. Provide in alternative audio and visual formats information concerning elections, information concerning how to preregister or register to vote and information concerning the manner of voting for use by a person who is elderly or disabled, including, without limitation, providing such information through a telecommunications device that is accessible to a person who is deaf.
3. Not later than 5 working days after receiving the request of a person who is elderly or disabled, provide to the person, in a format that can be used by the person, any requested material that is:
κ2021 Statutes of Nevada, Page 1877 (CHAPTER 315, AB 121)κ
(a) Related to elections; and
(b) Made available by the county clerk to the public in printed form.
Sec. 11. NRS 293.517 is hereby amended to read as follows:
293.517 1. Any person who meets the qualifications set forth in NRS 293.4855 residing within the county may preregister to vote and any elector residing within the county may register to vote:
(a) Except as otherwise provided in NRS 293.560 and 293C.527, by appearing before the county clerk, a field registrar or a voter registration agency, completing the application to preregister or register to vote, giving true and satisfactory answers to all questions relevant to his or her identity and right to preregister or register to vote, and providing proof of residence and identity;
(b) By completing and mailing or personally delivering to the county clerk an application to preregister or register to vote pursuant to the provisions of NRS 293.5235;
(c) Pursuant to the provisions of NRS 293.5727 or 293.5742 or chapter 293D of NRS [;] or section 1 of this act;
(d) At his or her residence with the assistance of a field registrar pursuant to NRS 293.5237;
(e) By submitting an application to preregister or register to vote by computer using the system:
(1) Established by the Secretary of State pursuant to NRS 293.671; or
(2) Established by the county clerk, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register voters; or
(f) By any other method authorized by the provisions of this title.
Κ The county clerk shall require a person to submit official identification as proof of residence and identity, such as a drivers license or other official document, before preregistering or registering the person. If the applicant preregisters or registers to vote pursuant to this subsection and fails to provide proof of residence and identity, the applicant must provide proof of residence and identity before casting a ballot in person or by mail or after casting a provisional ballot pursuant to NRS 293.3078 to 293.3086, inclusive. For the purposes of this subsection, a voter registration card does not provide proof of the residence or identity of a person.
2. In addition to the methods for registering to vote described in subsection 1, an elector may register to vote pursuant to NRS 293.5772 to 293.5887, inclusive.
3. Except as otherwise provided in NRS 293.5732 to 293.5757, inclusive, the application to preregister or register to vote must be signed and verified under penalty of perjury by the person preregistering or the elector registering.
4. Each person or elector who is or has been married must be preregistered or registered under his or her own given or first name, and not under the given or first name or initials of his or her spouse.
5. A person or an elector who is preregistered or registered and changes his or her name must complete a new application to preregister or register to vote, as applicable. The person or elector may obtain a new application:
(a) At the office of the county clerk or field registrar;
(b) By submitting an application to preregister or register to vote pursuant to the provisions of NRS 293.5235;
(c) By submitting a written statement to the county clerk requesting the county clerk to mail an application to preregister or register to vote;
(d) At any voter registration agency; or
κ2021 Statutes of Nevada, Page 1878 (CHAPTER 315, AB 121)κ
(e) By submitting an application to preregister or register to vote by computer using the system:
(1) Established by the Secretary of State pursuant to NRS 293.671; or
(2) Established by the county clerk, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register voters.
Κ If the elector fails to register under his or her new name, the elector may be challenged pursuant to the provisions of NRS 293.303 or 293C.292 and may be required to furnish proof of identity and subsequent change of name.
6. Except as otherwise provided in subsection 8 and NRS 293.5742 to 293.5757, inclusive, 293.5767 and 293.5772 to 293.5887, inclusive, an elector who registers to vote pursuant to paragraph (a) of subsection 1 shall be deemed to be registered upon the completion of an application to register to vote.
7. After the county clerk determines that the application to register to vote of a person is complete and that, except as otherwise provided in NRS 293D.210, the person is eligible to vote pursuant to NRS 293.485, the county clerk shall issue a voter registration card to the voter.
8. If a person or an elector submits an application to preregister or register to vote or an affidavit described in paragraph (c) of subsection 1 of NRS 293.507 that contains any handwritten additions, erasures or interlineations, the county clerk may object to the application if the county clerk believes that because of such handwritten additions, erasures or interlineations, the application is incomplete or that, except as otherwise provided in NRS 293D.210, the person is not eligible to preregister pursuant to NRS 293.4855 or the elector is not eligible to vote pursuant to NRS 293.485, as applicable. If the county clerk objects pursuant to this subsection, he or she shall immediately notify the person or elector, as applicable, and the district attorney of the county. Not later than 5 business days after the district attorney receives such notification, the district attorney shall advise the county clerk as to whether:
(a) The application is complete and, except as otherwise provided in NRS 293D.210, the person is eligible to preregister pursuant to NRS 293.4855 or the elector is eligible to vote pursuant to NRS 293.485; and
(b) The county clerk should proceed to process the application.
9. If the district attorney advises the county clerk to process the application pursuant to subsection 8, the county clerk shall immediately issue a voter registration card to the applicant, unless the applicant is preregistered to vote and does not currently meet the requirements to be issued a voter registration card pursuant to NRS 293.4855.
Sec. 11.3. NRS 293.540 is hereby amended to read as follows:
293.540 1. The county clerk shall cancel the preregistration of a person:
(a) If the county clerk has personal knowledge of the death of the person or if an authenticated certificate of the death of the person is filed in the county clerks office.
(b) At the request of the person.
(c) If the county clerk has discovered an incorrect preregistration pursuant to the provisions of NRS 293.5235 and the person has failed to respond within the required time.
(d) As required by NRS 293.541.
(e) Upon verification that the application to preregister to vote is a duplicate if the county clerk has the original or another duplicate of the application on file in the county clerks office.
κ2021 Statutes of Nevada, Page 1879 (CHAPTER 315, AB 121)κ
2. The county clerk shall cancel the registration of a person:
(a) If the county clerk has personal knowledge of the death of the person or if an authenticated certificate of the death of the person is filed in the county clerks office.
(b) If the county clerk is provided a certified copy of a court order stating that the court specifically finds by clear and convincing evidence that the person lacks the mental capacity to vote because he or she cannot communicate, with or without accommodations, a specific desire to participate in the voting process.
(c) Upon the determination that the person has been convicted of a felony and is currently incarcerated.
(d) Upon the production of a certified copy of the judgment of any court directing the cancellation to be made.
(e) [Upon the request of any registered voter to affiliate with any political party or to change affiliation, if that change is made before the end of the last day to register to vote in the election.
(f)] At the request of the person.
[(g)] (f) If the county clerk has discovered an incorrect registration pursuant to the provisions of NRS 293.5235, 293.530 or 293.535 and the elector has failed to respond or appear to vote within the required time.
[(h)] (g) As required by NRS 293.541.
[(i)] (h) Upon verification that the application to register to vote is a duplicate if the county clerk has the original or another duplicate of the application on file in the county clerks office.
Sec. 11.7. NRS 293.543 is hereby amended to read as follows:
293.543 1. If the registration of an elector is cancelled pursuant to paragraph (b) of subsection 2 of NRS 293.540, the county clerk shall reregister the elector upon notice from the clerk of the district court that the elector has been found by the district court to have the mental capacity to vote. The court must include the finding in a court order and, not later than 30 days after issuing the order, provide a certified copy of the order to the county clerk of the county in which the person is a resident and to the Office of the Secretary of State.
2. If the registration of an elector is cancelled pursuant to paragraph (c) of subsection 2 of NRS 293.540, the elector may reregister upon release from prison.
3. [If the registration of an elector is cancelled pursuant to the provisions of paragraph (e) of subsection 2 of NRS 293.540, the elector may reregister immediately.
4.] If the registration of an elector is cancelled pursuant to the provisions of paragraph [(f)] (e) of subsection 2 of NRS 293.540, after the close of registration for a primary election, the elector may not reregister until after the primary election.
[5.] 4. A county clerk shall not require an elector to present evidence, including without limitation, a court order or any other document, to prove that the elector satisfies the requirements of subsection 2.
Sec. 12. NRS 293.560 is hereby amended to read as follows:
293.560 1. Except as otherwise provided in NRS 293.502, 293.5772 to 293.5887, inclusive, 293D.230 and 293D.300 [:] and section 1 of this act:
(a) For a primary or general election, or a recall or special election that is held on the same day as a primary or general election, the last day to register to vote:
κ2021 Statutes of Nevada, Page 1880 (CHAPTER 315, AB 121)κ
(1) By mail is the fourth Tuesday preceding the primary or general election.
(2) By appearing in person at the office of the county clerk or, if open, a county facility designated pursuant to NRS 293.5035, is the fourth Tuesday preceding the primary or general election.
(3) By computer, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register voters, is the Thursday preceding the primary or general election, unless the system is used to register voters for the election pursuant to NRS 293.5842 or 293.5847.
(4) By computer using the system established by the Secretary of State pursuant to NRS 293.671, is the Thursday preceding the primary or general election, unless the system is used to register voters for the election pursuant to NRS 293.5842 or 293.5847.
(b) If a recall or special election is not held on the same day as a primary or general election, the last day to register to vote for the recall or special election by any method of registration is the third Saturday preceding the recall or special election.
2. Except as otherwise provided in NRS 293.5772 to 293.5887, inclusive, after the deadlines for the close of registration for a primary or general election set forth in subsection 1, no person may register to vote for the election.
3. Except for a recall or special election held pursuant to chapter 306 or 350 of NRS:
(a) The county clerk of each county shall cause a notice signed by him or her to be published in a newspaper having a general circulation in the county indicating:
(1) The day and time that each method of registration for the election, as set forth in subsection 1, will be closed; and
(2) If the county clerk has designated a county facility pursuant to NRS 293.5035, the location of that facility.
Κ If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest county in this State.
(b) The notice must be published once each week for 4 consecutive weeks next preceding the day that the last method of registration for the election, as set forth in subsection 1, will be closed.
4. The offices of the county clerk, a county facility designated pursuant to NRS 293.5035 and other ex officio registrars may remain open on the last Friday in October in each even-numbered year.
5. A county facility designated pursuant to NRS 293.5035 may be open during the periods described in this section for such hours of operation as the county clerk may determine, as set forth in subsection 3 of NRS 293.5035.
Sec. 13. NRS 293D.230 is hereby amended to read as follows:
293D.230 1. In addition to any other method of registering to vote set forth in chapter 293 of NRS, a covered voter may use a federal postcard application, as prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301(b)(2), or the applications electronic equivalent, to apply to register to vote, if the federal postcard application or the applications electronic equivalent is received by the appropriate local elections official [by the seventh day] before the [election.] time set pursuant to NRS 293.273 for closing the polls on election day. If the federal postcard application or the applications electronic equivalent is received after the [seventh day before the election,] time set for closing the polls, it must be treated as an application to register to vote for subsequent elections.
κ2021 Statutes of Nevada, Page 1881 (CHAPTER 315, AB 121)κ
electronic equivalent is received after the [seventh day before the election,] time set for closing the polls, it must be treated as an application to register to vote for subsequent elections. Upon receipt of the electronic equivalent of the federal postcard application pursuant to this subsection, the local elections official shall affix, mark or otherwise acknowledge receipt of the application by means of a time stamp on the application.
2. A covered voter may use the declaration accompanying the federal write-in absentee ballot, as prescribed under section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20303, to apply to register to vote simultaneously with the submission of the federal write-in absentee ballot, if the declaration [is] and the federal write-in absentee ballot are received [by the seventh day] before the [election.] time set pursuant to NRS 293.273 for closing the polls on election day. If the declaration is received after the [seventh day before the election,] time set for closing the polls, it must be treated as an application to register to vote for subsequent elections.
3. The Secretary of State shall ensure that the system of approved electronic transmission described in subsection 2 of NRS 293D.200 is capable of accepting:
(a) Both a federal postcard application and any other approved electronic registration application sent to the appropriate local elections official; and
(b) A digital signature or an electronic signature of a covered voter on the documents described in paragraph (a).
4. The covered voter may use the system of approved electronic transmission or any other method set forth in chapter 293 of NRS to register to vote.
Sec. 14. NRS 293D.300 is hereby amended to read as follows:
293D.300 1. A covered voter who is registered to vote in this State may apply for a military-overseas ballot by submitting a federal postcard application, as prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301(b)(2), or the applications electronic equivalent, if the federal postcard application or the applications electronic equivalent is received by the appropriate local elections official [by the seventh day] before the [election.] time set pursuant to NRS 293.273 for closing the polls on election day.
2. A covered voter who is not registered to vote in this State may use the federal postcard application or the applications electronic equivalent simultaneously to apply to register to vote pursuant to NRS 293D.230 and to apply for a military-overseas ballot, if the federal postcard application or the applications electronic equivalent is received by the appropriate local elections official [by the seventh day] before the [election.] time set pursuant to NRS 293.273 for closing the polls on election day. If the federal postcard application is received after the [seventh day before the election,] time set for closing the polls, it must be treated as an application to register to vote for subsequent elections.
3. Upon receipt of the electronic equivalent of the federal postcard application pursuant to subsection 1 or 2, the local elections official shall affix, mark or otherwise acknowledge receipt of the application by means of a time stamp on the application.
4. The Secretary of State shall ensure that the system of approved electronic transmission described in subsection 2 of NRS 293D.200 is capable of accepting the submission of:
κ2021 Statutes of Nevada, Page 1882 (CHAPTER 315, AB 121)κ
(a) Both a federal postcard application and any other approved electronic military-overseas ballot application sent to the appropriate local elections official; and
(b) A digital signature or an electronic signature of a covered voter on the documents described in paragraph (a).
[4.] 5. A covered voter may use approved electronic transmission or any other method approved by the Secretary of State to apply for a military-overseas ballot.
[5.] 6. A covered voter may use the declaration accompanying the federal write-in absentee ballot, as prescribed under section 103 of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20303, as an application for a military-overseas ballot simultaneously with the submission of the federal write-in absentee ballot, if the declaration [is] and the federal write-in absentee ballot are received by the appropriate local elections official [by the seventh day] before the [election.] time set pursuant to NRS 293.273 for closing the polls on election day.
[6.] 7. To receive the benefits of this chapter, a covered voter must inform the appropriate local elections official that he or she is a covered voter. Methods of informing the appropriate local elections official that a person is a covered voter include, without limitation:
(a) The use of a federal postcard application or federal write-in absentee ballot;
(b) The use of an overseas address on an approved voting registration application or ballot application; and
(c) The inclusion on an application to register to vote or an application for a military-overseas ballot of other information sufficient to identify that the person is a covered voter.
[7.] 8. This chapter does not prohibit a covered voter from applying for an absent ballot pursuant to the provisions of chapter 293 or 293C of NRS or voting in person.
Sec. 15. NRS 293D.310 is hereby amended to read as follows:
293D.310 An application for a military-overseas ballot is timely if received [by the seventh day] before the [election.] time set pursuant to NRS 293.273 for closing the polls on election day. An application for a military-overseas ballot for a primary election, whether or not timely, is effective as an application for a military-overseas ballot for the general election.
Sec. 16. NRS 293D.400 is hereby amended to read as follows:
293D.400 A military-overseas ballot must be received by the appropriate local elections official not later than the [close of] time set pursuant to NRS 293.273 for closing the polls [.] on election day.
Sec. 17. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 16, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting regulations and performing any other preliminary administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2022, for all other purposes.
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κ2021 Statutes of Nevada, Page 1883κ
Assembly Bill No. 149Assemblymen Peters, Yeager; and Torres
CHAPTER 316
[Approved: June 3, 2021]
AN ACT relating to cannabis; requiring the Cannabis Compliance Board to create an electronic database containing certain information relating to the testing of cannabis and cannabis products by a cannabis independent testing laboratory; setting forth certain requirements for the database; requiring the Board to adopt certain regulations concerning the administration of the database; requiring the Board to submit to the Legislature a biennial report containing certain information relating to the database; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Cannabis Compliance Board to establish standards for and certify one or more cannabis independent testing laboratories to test cannabis and cannabis products that are to be sold in this State. (NRS 678B.290) This bill requires the Board to develop, implement and maintain an electronic database whereby the public may obtain information relating to testing conducted on cannabis and cannabis products by cannabis independent testing laboratories that has been collected through computer software used for the seed-to-sale tracking of cannabis and cannabis products. This bill requires the database to contain the final results of all testing performed on cannabis or a cannabis product by a cannabis independent testing laboratory which have been collected through computer software used for the seed-to-sale tracking of cannabis and cannabis products. This bill also requires the database to be electronically secure and accessible to the public and to present the information contained in the database in a format that is exportable. This bill further requires the Board to adopt certain regulations concerning the administration of the database. Finally, this bill requires the Board to submit to the Legislature a biennial report which includes certain information relating to the database.
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. 3. Chapter 678B of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Board shall develop, implement and maintain an electronic database whereby the public may obtain information relating to testing conducted on cannabis and cannabis products by cannabis independent testing laboratories which has been collected through computer software used for the seed-to-sale tracking of cannabis and cannabis products. Such a database must:
κ2021 Statutes of Nevada, Page 1884 (CHAPTER 316, AB 149)κ
(a) Contain the final results of all testing performed on cannabis or a cannabis product by a cannabis independent testing laboratory which have been collected through computer software used for the seed-to-sale tracking of cannabis and cannabis products;
(b) Be electronically secure and accessible to the public; and
(c) Present the information contained in the database in a format that is exportable.
2. The Board shall adopt regulations as it determines are necessary for the administration of the database required by subsection 1. Such regulations must ensure that:
(a) The information required to be contained in the database pursuant to paragraph (a) of subsection 1 is uploaded to the database and made available to the public in a timely manner after it has been collected through computer software used for the seed-to-sale tracking of cannabis and cannabis products; and
(b) The information contained in the database is presented in a format that is easily accessible to the public.
3. The Board shall, on or before January 1 of each odd-numbered year, submit a report to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature which details the amount of data uploaded to the database required by subsection 1 and the statistical relevance of such data as it pertains to cannabis independent testing laboratories in this State.
Sec. 4. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
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