[Rev. 9/10/2021 11:33:37 AM]
κ2021 Statutes of Nevada, Page 1885κ
Assembly Bill No. 365Assemblymen Peters, Brittney Miller, C.H. Miller, Gonzαlez; Anderson, Monroe-Moreno, Nguyen, Torres and Watts
CHAPTER 317
[Approved: June 3, 2021]
AN ACT relating to governmental administration; declaring the policy of this State that persons employed by the State be afforded respect, dignity and equity in the workplace; requiring the Departments of the State Government to prepare and submit a report concerning equity in the workplace annually; requiring the Administrator of the Division of Human Resource Management of the Department of Administration to evaluate annually the effectiveness of any policy intended to encourage equity in the workforce and prepare and submit a report concerning the evaluation; requiring certain regulations adopted by the Personnel Commission of the Division to include requirements for the training of supervisors and managerial employees concerning implicit bias; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 1 of this bill declares that it is the public policy of this State that persons employed by the State be afforded respect, dignity and equity in the workplace. Sections 2 and 6-8 of this bill require the Departments of the State Government to prepare and submit to the Governor and the Legislature annually a report concerning equity in the workplace, which includes: (1) a summary of each complaint filed by an employee in the immediately preceding calendar year which alleges conduct which is not unlawful but is against the public policy set forth in section 1; and (2) any action taken in response to such a complaint. Section 6 of this bill additionally requires the Court Administrator to submit annually the report to the Chief Justice of the Supreme Court. Section 4 of this bill requires the Administrator of the Division of Human Resource Management of the Department of Administration annually to: (1) evaluate the effectiveness of any policy of the Division intended to encourage equity in the workforce for persons of color and other persons of marginalized identities; and (2) prepare and submit a report to the Governor and the Legislature concerning the results of the evaluation. Section 3 of this bill defines the term marginalized identity for purposes of the requirements of sections 2, 4 and 6-8 to mean an identity that causes or has historically caused a person of such an identity to be disproportionately subject to discrimination, harassment or other negative treatment as a result of the identity.
Existing law requires the Personnel Commission of the Division to adopt regulations for the training of employees in the state service. (NRS 284.343) Section 5 of this bill requires that these regulations include requirements for the training of supervisors and managerial employees concerning implicit bias.
κ2021 Statutes of Nevada, Page 1886 (CHAPTER 317, AB 365)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 281 of NRS is hereby amended by adding thereto a new section to read as follows:
The Legislature declares that it is the public policy of this State that persons employed by the State be afforded respect, dignity and equity in the workplace.
Sec. 2. Chapter 284 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each appointing authority shall file a report annually with the Administrator concerning equity in the workplace. Such a report must include:
(a) A summary of each complaint filed by an employee of the appointing authority in the immediately preceding calendar year which alleges conduct, whether intentional or unintentional, which is not unlawful but is against the public policy set forth in section 1 of this act, including, without limitation, conduct that communicates a negative attitude toward persons of marginalized identities; and
(b) Any action taken in response to a complaint described in paragraph (a).
2. The Administrator shall annually compile such reports and submit the compilation to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature.
3. Any information contained in a report required by this section must be reported in a manner that does not reveal the identity of any person.
Sec. 3. NRS 284.015 is hereby amended to read as follows:
284.015 As used in this chapter, unless the context otherwise requires:
1. Administrator means the Administrator of the Division.
2. Commission means the Personnel Commission.
3. Disability, includes, but is not limited to, physical disability, intellectual disability and mental or emotional disorder.
4. Division means the Division of Human Resource Management of the Department of Administration.
5. Essential functions has the meaning ascribed to it in 29 C.F.R. § 1630.2.
6. Marginalized identity means an identity that causes or has historically caused a person of such an identity to be disproportionately subject to discrimination, harassment or other negative treatment as a result of the identity.
7. Public service means positions providing service for any office, department, board, commission, bureau, agency or institution in the Executive Department of the State Government operating by authority of the Constitution or law, and supported in whole or in part by any public money, whether the money is received from the Government of the United States or any branch or agency thereof, or from private or any other sources.
[7.] 8. Veteran means a person who:
(a) Was regularly enlisted, drafted, inducted or commissioned in the:
(1) Armed Forces of the United States and was accepted for and assigned to active duty in the Armed Forces of the United States;
κ2021 Statutes of Nevada, Page 1887 (CHAPTER 317, AB 365)κ
(2) National Guard or a reserve component of the Armed Forces of the United States and was accepted for and assigned to duty for a minimum of 6 continuous years; or
(3) Commissioned Corps of the United States Public Health Service or the Commissioned Corps of the National Oceanic and Atmospheric Administration of the United States and served in the capacity of a commissioned officer while on active duty in defense of the United States; and
(b) Was separated from such service under conditions other than dishonorable.
[8.] 9. Veteran with a service-connected disability has the meaning ascribed to it in NRS 338.13843 and includes a veteran who is deemed to be a veteran with a service-connected disability pursuant to NRS 417.0187.
Sec. 4. NRS 284.105 is hereby amended to read as follows:
284.105 1. The Administrator shall direct and supervise all administrative and technical activities of the Division.
2. In addition to the duties imposed upon the Administrator elsewhere in this chapter, the Administrator shall:
(a) Apply and carry out the provisions of this chapter and the regulations adopted pursuant to it.
(b) Establish objectives for the Division in terms which are specific, measurable and conducive to reliable evaluation, and develop a plan for accomplishing those objectives.
(c) Establish a system of appropriate policies for each function within the Division.
(d) Attend all meetings of the Commission.
(e) Advise the Commission with respect to the preparation and adoption of regulations to carry out the provisions of this chapter.
(f) Report to the Governor and the Commission upon all matters concerning the administration of the Administrators office and request the advice of the Commission on matters concerning the policies of the Division, but the Administrator is responsible for the conduct of the Division and its administrative functions unless otherwise provided by law.
(g) Annually:
(1) Evaluate the effectiveness of any policy of the Division intended to encourage equity in the workforce for persons of color and other persons of marginalized identities, taking into consideration any complaints included in a report submitted pursuant to section 2 of this act;
(2) Prepare a report concerning the results of the evaluation conducted pursuant to subparagraph (1); and
(3) Submit the report prepared pursuant to subparagraph (2) to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature.
(h) Establish and maintain a roster of all employees in the public service. The roster must set forth, as to each employee:
(1) The class title of the position held.
(2) The salary or pay.
(3) Any change in class title, pay or status.
(4) Other pertinent data.
[(h)] (i) Submit to the Director of the Department of Veterans Services and make available to the public a monthly report which lists the names of all veterans and, to the extent the information is available, widows and widowers of persons killed in the line of duty while on active duty in the Armed Forces of the United States, who are employed in the classified or unclassified service of the State.
κ2021 Statutes of Nevada, Page 1888 (CHAPTER 317, AB 365)κ
widowers of persons killed in the line of duty while on active duty in the Armed Forces of the United States, who are employed in the classified or unclassified service of the State. The report must state whether each veteran listed is a resident of this State.
[(i)] (j) Submit to the Governor and the Director of the Legislative Counsel Bureau for distribution to the Legislature a report for each calendar quarter on the total combined number of veterans and, to the extent the information is available, widows and widowers of persons killed in the line of duty while on active duty in the Armed Forces of the United States, who were hired in the classified or unclassified service of the State during the quarter.
[(j)] (k) Ensure, to the extent practicable, that the combined total percentage of officers and employees in public service who are veterans and, to the extent the information is available, widows and widowers of persons killed in the line of duty while on active duty in the Armed Forces of the United States, is proportional to the combined total percentage of veterans and, to the extent the information is available, such widows and widowers, who reside in this State and are in the labor force.
[(k)] (l) In cooperation with appointing authorities and others, foster and develop programs for improving the effectiveness and morale of employees, including training and procedures for hearing and adjusting grievances.
[(l)] (m) Encourage and exercise leadership in the development of effective personnel administration within the several departments in the public service, and make available the facilities and services of the Division and its employees to this end.
[(m)] (n) Make to the Commission and to the Governor such special reports as the Administrator may consider desirable.
[(n)] (o) Maintain a continuous program of recruiting for the classified service.
[(o)] (p) Perform any other lawful acts which the Administrator may consider necessary or desirable to carry out the purposes and provisions of this chapter.
Sec. 5. NRS 284.343 is hereby amended to read as follows:
284.343 1. Except as otherwise provided in this subsection, after consultation with appointing authorities, and in cooperation with the State Board of Examiners, the Commission shall adopt regulations for all training of employees in the state service. Professional employees of the teaching staff, Agricultural Extension Service and Nevada Agricultural Experiment Station staffs of the Nevada System of Higher Education, or any other state institution of learning and student employees of such an institution are exempt from the provisions of this section.
2. The regulations adopted pursuant to subsection 1 must [set] :
(a) Include requirements for the training of supervisors and managerial employees concerning implicit bias.
(b) Set forth the conditions under which educational leave stipends may be paid to any officer or employee of the State. Except as otherwise provided in NRS 612.230 and with the exception of intermittent course work not leading to the awarding of a degree, no person may be granted educational leave stipends until the person has entered into a contract with the persons employing agency whereby the person agrees to pursue only those courses required for a degree related to the persons employment with the State and to return to the employ of the persons employing agency on the basis of 1 year for each 9 months of educational leave taken or to refund the total amount of the stipends regardless of the balance at the time of separation.
κ2021 Statutes of Nevada, Page 1889 (CHAPTER 317, AB 365)κ
required for a degree related to the persons employment with the State and to return to the employ of the persons employing agency on the basis of 1 year for each 9 months of educational leave taken or to refund the total amount of the stipends regardless of the balance at the time of separation.
3. This section does not prevent the granting of sabbatical leaves by the Board of Regents of the University of Nevada.
4. Where practicable all training for state employees must be presented through established educational institutions within the State.
5. The Division shall coordinate all training activities related to remedial programs and programs for career development designed to correct educational and training deficiencies of state employees and create employment opportunities for the disadvantaged. In connection with these activities, the Division, with the approval of the Governor, is designated to enter into contractual arrangements with the Federal Government and others that provide grants or other money for educational and training activities.
Sec. 6. Chapter 1 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Court Administrator shall prepare and submit to the Chief Justice of the Supreme Court of Nevada, the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature an annual report concerning equity in the workplace, which includes:
(a) A summary of each complaint filed by an employee of the Nevada Supreme Court, Court of Appeals, Office of the Court Administrator or Supreme Court Law Library in the immediately preceding calendar year which alleges conduct, whether intentional or unintentional, which is not unlawful but is against the public policy set forth in section 1 of this act, including, without limitation, conduct that communicates a negative attitude toward persons of marginalized identities; and
(b) Any action taken in response to a complaint described in paragraph (a).
2. Any information contained in a report required by subsection 1 must be reported in a manner that does not reveal the identity of any person.
3. As used in this section, marginalized identity has the meaning ascribed to it in NRS 284.015.
Sec. 7. Chapter 218F of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Director shall prepare and submit to the Governor and transmit to the Legislature an annual report concerning equity in the workplace, which includes:
(a) A summary of each complaint filed by an employee of the Legislative Counsel Bureau in the immediately preceding calendar year which alleges conduct, whether intentional or unintentional, which is not unlawful but is against the public policy set forth in section 1 of this act, including, without limitation, conduct that communicates a negative attitude toward persons of marginalized identities; and
(b) Any action taken in response to a complaint described in paragraph (a).
κ2021 Statutes of Nevada, Page 1890 (CHAPTER 317, AB 365)κ
2. Any information contained in a report required by subsection 1 must be reported in a manner that does not reveal the identity of any person.
3. As used in this section, marginalized identity has the meaning ascribed to it in NRS 284.015.
Sec. 8. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Board of Regents shall prepare and submit to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature an annual report concerning equity in the workplace, which includes:
(a) A summary of each complaint filed by an employee of the System in the immediately preceding calendar year which alleges conduct, whether intentional or unintentional, which is not unlawful but is against the public policy set forth in section 1 of this act, including, without limitation, conduct that communicates a negative attitude toward persons of marginalized identities; and
(b) Any action taken in response to a complaint described in paragraph (a).
2. Any information contained in a report required by subsection 1 must be reported in a manner that does not reveal the identity of any person.
3. As used in this section, marginalized identity has the meaning ascribed to it in NRS 284.015.
Sec. 9. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 10. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 9, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On July 1, 2021, for all other purposes.
________
κ2021 Statutes of Nevada, Page 1891κ
Assembly Bill No. 405Committee on Judiciary
CHAPTER 318
[Approved: June 3, 2021]
AN ACT relating to gaming; revising provisions relating to the filing of certain information with the Nevada Gaming Control Board; prohibiting certain acts relating to gaming; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Nevada Gaming Commission and the Nevada Gaming Control Board to administer state gaming licenses and manufacturers, sellers and distributors licenses and to perform various acts relating to the regulation and control of gaming. (NRS 463.140) Existing law also requires a licensee who participates in foreign gaming to file periodically certain documents, reports and other information with the Board. (NRS 463.710) Section 4.5 of this bill removes the requirement that a licensee file information about the accounting and internal control systems utilized in the foreign gaming operation and information about any amendments to the systems as soon as such amendments are made.
Existing law makes it unlawful for a person to engage in certain actions relating to gaming and provides that a person who engages in such actions is guilty of: (1) a category C felony for the first offense; and (2) a category B felony for a second or subsequent offense. (NRS 465.070, 465.088) Section 5 of this bill makes it unlawful for a person to engage in any of the statutorily prescribed offenses relating to gaming: (1) through an agreement with certain persons; and (2) with the intent that such an agreement is made to use less than the best efforts of the person to win, judge, referee, manage, coach or officiate, to limit a margin of victory or to adversely affect the outcome of a sporting event.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-4. (Deleted by amendment.)
Sec. 4.5. NRS 463.710 is hereby amended to read as follows:
463.710 Unless otherwise ordered by the Board or Commission, a licensee who participates in foreign gaming shall file with the Board:
1. As soon as participation in foreign gaming begins [:
(a) All] , all documents filed by the licensee or by an affiliate with the foreign jurisdiction . [; and
(b) The systems of accounting and internal control utilized in the foreign gaming operation and any amendments to the systems as soon as made.]
2. Annual operational and regulatory reports describing compliance with regulations, procedures for audit, and procedures for surveillance relating to the foreign gaming operation.
3. Quarterly reports regarding any of the following information which is within the knowledge of the licensee:
(a) Any changes in ownership or control of any interest in the foreign gaming operation;
(b) Any changes in officers, directors or key employees of the foreign gaming operation;
κ2021 Statutes of Nevada, Page 1892 (CHAPTER 318, AB 405)κ
(c) All complaints, disputes, orders to show cause and disciplinary actions, related to gaming, instituted or presided over by an entity of the United States, a state or any other governmental jurisdiction concerning the foreign gaming operation;
(d) Any arrest of an employee of the foreign gaming operation involving cheating or theft, related to gaming, in the foreign jurisdiction; and
(e) Any arrest or conviction of an officer, director, key employee or owner of equity in the foreign gaming operation for an offense that would constitute a gross misdemeanor or felony in this state.
4. Such other information as the Commission requires by regulation.
Sec. 5. NRS 465.070 is hereby amended to read as follows:
465.070 It is unlawful for any person:
1. To alter or misrepresent the outcome of a game or other event on which wagers have been made after the outcome is made sure but before it is revealed to the players.
2. To place, increase or decrease a bet or to determine the course of play after acquiring knowledge, not available to all players, of the outcome of the game or any event that affects the outcome of the game or which is the subject of the bet or to aid anyone in acquiring such knowledge for the purpose of placing, increasing or decreasing a bet or determining the course of play contingent upon that event or outcome.
3. To claim, collect or take, or attempt to claim, collect or take, money or anything of value in or from a gambling game, with intent to defraud, without having made a wager contingent thereon, or to claim, collect or take an amount greater than the amount won.
4. Knowingly to entice or induce another to go to any place where a gambling game is being conducted or operated in violation of the provisions of this chapter, with the intent that the other person play or participate in that gambling game.
5. To place or increase a bet after acquiring knowledge of the outcome of the game or other event which is the subject of the bet, including past-posting and pressing bets.
6. To reduce the amount wagered or cancel the bet after acquiring knowledge of the outcome of the game or other event which is the subject of the bet, including pinching bets.
7. To manipulate, with the intent to cheat, any component of a gaming device in a manner contrary to the designed and normal operational purpose for the component, including, but not limited to, varying the pull of the handle of a slot machine, with knowledge that the manipulation affects the outcome of the game or with knowledge of any event that affects the outcome of the game.
8. To offer, promise or give anything of value to anyone for the purpose of influencing the outcome of a race, sporting event, contest or game upon which a wager may be made, or to place, increase or decrease a wager after acquiring knowledge, not available to the general public, that anyone has been offered, promised or given anything of value for the purpose of influencing the outcome of the race, sporting event, contest or game upon which the wager is placed, increased or decreased.
9. To change or alter the normal outcome of any game played on an interactive gaming system or the way in which the outcome is reported to any participant in the game.
10. To violate any provision of this section through any agreement with a player, participant, judge, referee, manager, coach or other official, if such an agreement is made with the intent for the player, participant, judge, referee, manager, coach or other official to use less than his or her best efforts to win, judge, referee, manage, coach or officiate, to limit a margin of victory or to adversely affect the outcome of a sporting event.
κ2021 Statutes of Nevada, Page 1893 (CHAPTER 318, AB 405)κ
if such an agreement is made with the intent for the player, participant, judge, referee, manager, coach or other official to use less than his or her best efforts to win, judge, referee, manage, coach or officiate, to limit a margin of victory or to adversely affect the outcome of a sporting event.
Sec. 6. 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. 7. (Deleted by amendment.)
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Senate Bill No. 22Committee on Judiciary
CHAPTER 319
[Approved: June 3, 2021]
AN ACT relating to correctional institutions; requiring the Director of the Department of Corrections to establish and maintain a package program for certain offenders; authorizing the Department to adopt regulations relating to the authority of the Director to make certain deductions from the individual account of an offender and from the wages of an offender; requiring the Director to provide a monthly statement to each offender relating to the individual account of the offender; revising the order of priority of certain deductions from the individual account of an offender and from the wages of an offender; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The Nevada Constitution entitles a victim of crime to full and timely restitution and requires that all monetary payments, money and property collected from any person ordered to make restitution be first applied to pay the amounts ordered as restitution to the victim. (Nev. Const. Art. 1, § 8A)
Under existing law, the Prisoners Personal Property Fund is created as a trust fund. With certain exceptions, an offender in an institution or a facility of the Department of Corrections is required under existing law to deposit all money received by the offender during incarceration in an individual account in the Fund. The Director of the Department is also required under existing law to deposit in the Fund the net wages after certain deductions that are earned by an offender during incarceration and valuables of an offender received during incarceration. (NRS 209.241) With certain exceptions, existing law authorizes the Director of the Department of Corrections to make certain deductions from the individual account of an offender or from the gross wages of an offender, including a deduction to meet an existing obligation for restitution to a victim. Under existing law, such deductions are made in accordance with an order of priority specific to whether the deduction is made from: (1) the individual account of an offender; (2) the wages of an offender whose hourly wage is equal to or greater than the federal minimum wage; or (3) the wages of an offender whose hourly wage is less than the federal minimum wage. (NRS 209.247, 209.463) Sections 1.9 and 2 of this bill revise such orders of priority to comport with the relevant provisions in the Nevada Constitution concerning restitution.
κ2021 Statutes of Nevada, Page 1894 (CHAPTER 319, SB 22)κ
For deductions from the individual account of the offender, section 1.9, in addition to the change in priority of the deduction concerning restitution, revises the order of priority of the following: (1) the deduction for credit to the Fund for the Compensation of Victims of Crime; and (2) the deduction for the fee imposed for genetic marker analysis.
For deductions from the wages of an offender whose hourly wage is equal to or greater than the federal minimum wage, section 2, in addition to the change in priority of the deduction concerning restitution, revises the order of priority of the following: (1) the deduction for credit to the Fund for the Compensation of Victims of Crime; (2) the deduction for credit to the individual account of the offender; (3) the deduction to offset the cost of maintaining the offender in the institution; and (4) the deduction to repay certain costs or to defray certain expenses.
For deductions from the wages of an offender whose hourly wage is less than the federal minimum wage, section 2, in addition to the change in priority of the deduction concerning restitution, revises the order of priority of the following: (1) the deduction for credit to the Fund for the Compensation of Victims of Crime; (2) the deduction for credit to the individual account of the offender; (3) the deduction to offset the cost of maintaining the offender in the institution; (4) the deduction to repay certain costs or to defray certain expenses; (5) the deduction for the fee imposed for genetic marker analysis; and (6) the deduction for expenses related to the release or funeral of the offender.
Existing law establishes various duties of the Director relating to the individual accounts of offenders. (NRS 209.241) In addition to such existing duties, section 1.7 of this bill requires the Director to provide a monthly statement to each offender relating to the individual account of the offender. Section 1.7 also: (1) requires the statement to include certain information; and (2) sets forth various requirements concerning the method for providing the statement to the offender.
Section 1.3 of this bill: (1) authorizes the Department to adopt regulations necessary for the Director to carry out the provisions of law relating to deductions from the individual account of offenders and from the wages of offenders; and (2) requires such regulations to be adopted in accordance with the provisions of the Nevada Administrative Procedure Act. Section 2.5 of this bill makes a conforming change relating to the regulations.
Section 1.1 of this bill requires the Director to establish and maintain a package program for all offenders. Section 1.1 authorizes the Director or the Medical Director to prohibit an offender from participating in the package program under certain circumstances. Finally, section 1.1 provides that the contents of packages received through the package program are not subject to deductions relating to individual accounts of offenders.
Section 1.5 of this bill makes a conforming change relating to the revised order of priority for deductions made from the individual account of offenders and from the wages of offenders.
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 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.1 and 1.3 of this act.
Sec. 1.1. 1. Except as otherwise provided in subsections 2 and 3, the Director shall establish and maintain a package program for offenders.
2. The Director may prohibit an offender from participating in the package program if the offender is in:
(a) Disciplinary segregation; or
κ2021 Statutes of Nevada, Page 1895 (CHAPTER 319, SB 22)κ
(b) Administrative segregation and the prohibition is necessary to ensure the safety of other offenders in administrative segregation.
3. The Medical Director may prohibit an offender from participating in the package program if:
(a) The offender is receiving medical care from the Medical Director; and
(b) The prohibition is necessary to ensure the health of the offender.
4. The contents of a package received by an offender participating in the package program are not subject to any deduction described in NRS 209.247.
5. As used in this section:
(a) Administrative segregation means the separation of an offender from the general population which is imposed by classification when the continued presence of the offender in the general population or protective segregation would pose a serious threat to life, property, self, staff, other offenders or to the security or orderly operation of the facility or institution.
(b) Disciplinary segregation means the separation of an offender from the general population for a specified period when an offender has committed a serious violation of the rules of a facility or an institution.
(c) General population means the status of offenders who are incarcerated and do not have a special status.
(d) Package program means a program which authorizes an offender to order at least one clothing package and one food package, respectively, per quarter.
(e) Protective segregation means the separation of an offender from the general population when the offender requests or requires protection from other offenders for reasons relating to health or safety.
Sec. 1.3. 1. The Department may adopt regulations necessary to carry out the provisions of NRS 209.247 and 209.463.
2. Any regulations adopted pursuant to this section must be adopted in accordance with the provisions of chapter 233B of NRS.
Sec. 1.5. NRS 209.192 is hereby amended to read as follows:
209.192 1. There is hereby created in the State Treasury a Fund for New Construction of Facilities for Prison Industries as a capital projects fund. The Director shall deposit in the Fund the deductions made pursuant to subparagraph (3) of paragraph [(c)] (a) of subsection [1] 3 or subparagraph (2) of paragraph [(b)] (a) of subsection [2] 4 of NRS 209.463. The money in the Fund must only be expended:
(a) To house new industries or expand existing industries in the industrial program to provide additional employment of offenders;
(b) To relocate, expand, upgrade or modify an existing industry in the industrial program to enhance or improve operations or security or to provide additional employment or training of offenders;
(c) To purchase or lease equipment to be used for the training of offenders or in the operations of prison industries;
(d) To pay or fund the operations of prison industries, including, without limitation, paying the salaries of staff and wages of offenders if the cash balance in the Fund for Prison Industries is below the average monthly expenses for the operation of prison industries;
(e) To advertise and promote the goods produced and services provided by prison industries; or
(f) For any other purpose authorized by the Legislature.
κ2021 Statutes of Nevada, Page 1896 (CHAPTER 319, SB 22)κ
2. Before money in the Fund may be expended:
(a) As described in paragraphs (b) to (e), inclusive, of subsection 1, the Director shall submit a proposal for the expenditure to the Committee on Industrial Programs and the State Board of Examiners.
(b) For construction, the Director shall submit a proposal for the expenditure to the State Board of Examiners.
3. Upon making a determination that the proposed expenditure is appropriate and necessary, the State Board of Examiners shall recommend to the Interim Finance Committee, or the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means when the Legislature is in general session, that the expenditure be approved. Upon approval of the appropriate committee or committees, the money may be so expended.
4. If any money in the Fund is used as described in paragraph (d) of subsection 1, the Director shall repay the amount used as soon as sufficient money is available in the Fund for Prison Industries.
5. The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund.
6. As used in this section, Fund means Fund for New Construction of Facilities for Prison Industries.
Sec. 1.7. NRS 209.241 is hereby amended to read as follows:
209.241 1. The Director may accept money, including the net amount of any wages earned during the incarceration of an offender after any deductions made by the Director and valuables belonging to an offender at the time of his or her incarceration or afterward received by gift, inheritance or the like or earned during the incarceration of an offender, and shall deposit the money in the Prisoners Personal Property Fund, which is hereby created as a trust fund.
2. An offender shall deposit all money that the offender receives into his or her individual account in the Prisoners Personal Property Fund.
3. The Director:
(a) Shall keep, or cause to be kept, a full and accurate account of the money and valuables, and shall submit reports to the Board relating to the money and valuables as may be required from time to time.
(b) May permit withdrawals for immediate expenditure by an offender for personal needs.
(c) May permit the distribution of money to a governmental entity for any applicable deduction authorized pursuant to NRS 209.247 or any other deduction authorized by law from any money deposited in the individual account of an offender from any source other than the offenders wages.
(d) Shall provide each offender with a monthly statement concerning the individual account of the offender.
(e) Shall pay over to each offender upon his or her release any remaining balance in his or her individual account.
4. The monthly statement described in subsection 3:
(a) Must include, without limitation:
(1) The balance of the individual account of the offender;
(2) An itemized list of each deduction made from the individual account of the offender, including, without limitation:
(I) The amount of the deduction;
(II) The date of the deduction; and
(III) The purpose of the deduction; and
κ2021 Statutes of Nevada, Page 1897 (CHAPTER 319, SB 22)κ
(3) The balance of any debts owed by the offender to the Department, including, without limitation, the amount of restitution owed by the offender, if any; and
(b) Must be provided to the offender:
(1) Electronically, free of charge; or
(2) In writing, upon the request of the offender, and if so provided, the Department may not charge the offender a fee relating to the provision of the written statement for the first two requests per year.
5. The interest and income earned on the money in the Prisoners Personal Property Fund, after deducting any applicable bank charges, must be credited each calendar quarter as follows:
(a) If an offenders share of the cost of administering the Prisoners Personal Property Fund for the quarter is less than the amount of interest and income earned by the offender, the Director shall credit the individual account of the offender with an amount equal to the difference between the amount of interest and income earned by the offender and the offenders share of the cost of administering the Prisoners Personal Property Fund.
(b) If an offenders share of the cost of administering the Prisoners Personal Property Fund for the quarter is equal to or greater than the amount of interest and income earned by the offender, the Director shall credit the interest and income to the Offenders Store Fund.
[5.] 6. An offender who does not deposit all money that the offender receives into his or her individual account in the Prisoners Personal Property Fund as required in this section is guilty of a gross misdemeanor.
[6.] 7. A person who aids or encourages an offender not to deposit all money the offender receives into the individual account of the offender in the Prisoners Personal Property Fund as required in this section is guilty of a gross misdemeanor.
[7.] 8. The Director may exempt an offender from the provisions of this section if the offender is:
(a) Confined in an institution outside this State pursuant to chapter 215A of NRS; or
(b) Assigned to the custody of the Division of Parole and Probation of the Department of Public Safety to:
(1) Serve a term of residential confinement pursuant to NRS 209.392, 209.3923, 209.3925 or 209.429; or
(2) Participate in a correctional program for reentry into the community pursuant to NRS 209.4887.
Sec. 1.9. NRS 209.247 is hereby amended to read as follows:
209.247 1. Except as otherwise provided in NRS 209.2475 [,] and subsection 4 of section 1.1 of this act and subject to the limitation set forth in subsection 2, the Director may make the [following] deductions [, in the following order of priority,] described in subsection 3 from any money deposited in the individual account of an offender from any source other than the offenders wages . [:
1.] 2. The Director may not deduct more than 25 percent of each deposit described in subsection 1.
3. The Director may deduct:
(a) In the following order of priority:
(1) An amount the Director [deems] considers reasonable [for deposit with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime created pursuant to NRS 217.260.
κ2021 Statutes of Nevada, Page 1898 (CHAPTER 319, SB 22)κ
2.] to meet an existing obligation of the offender for restitution to a victim of his or her crime;
(2) An amount the Director considers reasonable to meet an existing obligation of the offender for the support of the offenders family ; [.
3.] (3) An amount determined by the Director, with the approval of the Board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the Department [. An] , and any amount deducted pursuant to this [subsection] subparagraph may include, but is not limited to, an amount to offset the cost of participation by the offender pursuant to NRS 209.4231 to 209.4244, inclusive, in a therapeutic community or a program of aftercare, or both ; [.
4.] (4) A deduction pursuant to NRS 209.246 ; [.
5.] (5) An amount determined by the Director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his or her release or, if the offender dies before his or her release, to defray expenses related to arrangements for the offenders [funeral.
6.] funeral;
(6) An amount the Director deems reasonable for deposit with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime created pursuant to NRS 217.260;
(7) An amount the Director considers reasonable to [meet an existing obligation of] pay the balance of any fee imposed upon the offender for [restitution to a victim of his or her crime.] genetic marker analysis and included in the judgment entered against the offender pursuant to NRS 176.0915;
[7.] (8) An amount the Director considers reasonable to pay the balance of an administrative assessment included in the judgment entered against the offender for each crime for which the offender is incarcerated and the balance of an unpaid administrative assessment included in a judgment entered against the offender for a crime committed in this state for which the offender was previously convicted [. An] , and any amount deducted from a source other than the wages earned by the offender during his or her incarceration, pursuant to this [subsection,] subparagraph, must be submitted:
[(a)] (I) If the offender does not have an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he or she is incarcerated [.
(b)] ; or
(II) If the offender has an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which an administrative assessment is owing, until the balance owing has been paid [.
8.] ; and
(9) An amount the Director considers reasonable to pay the balance of a fine included in the judgment entered against the offender for each crime for which the offender is incarcerated and the balance of an unpaid fine included in a judgment entered against the offender for a crime committed in this state for which the offender was previously convicted [. An] , and any amount deducted from any source other than the wages earned by the offender during his or her incarceration, pursuant to this [subsection,] subparagraph, must be submitted:
κ2021 Statutes of Nevada, Page 1899 (CHAPTER 319, SB 22)κ
[(a)] (I) If the offender does not have a fine owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which he or she is incarcerated [.
(b)] ; or
(II) If the offender has a fine owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which any fine or administrative assessment is owing, until the balance owing has been paid [.
9. An amount the Director considers reasonable to pay the balance of any fee imposed upon the offender for genetic marker analysis and included in the judgment entered against the offender pursuant to NRS 176.0915.
Κ The Director shall determine the priority of any] ; and
(b) Any other deduction authorized by law from any source other than the wages earned by the offender during his or her incarceration [.] , the deduction of which must be made in an order of priority determined by the Director.
Sec. 2. NRS 209.463 is hereby amended to read as follows:
209.463 1. Except as otherwise provided in NRS 209.2475, and subject to the limitation set forth in subsection 2, the Director may make the [following] deductions [, in the following order of priority,] described in subsection 3 or 4, as applicable, from the wages earned by an offender from any source during the offenders incarceration . [:
1.] 2. The Director may not deduct more than 50 percent of the wages described in subsection 1 for each pay period of the offender.
3. If the hourly wage of the offender is equal to or greater than the federal minimum wage [:] , the Director may deduct:
(a) In the following order of priority:
(1) An amount the Director [deems] considers reasonable [for deposit with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime.
(b)] to meet an existing obligation of the offender for restitution to a victim of his or her crime;
(2) An amount the Director considers reasonable to meet an existing obligation of the offender for the support of his or her family ;
(3) An amount determined by the Director, with the approval of the Board, for deposit in the State Treasury for credit to the Fund for New Construction of Facilities for Prison Industries, but only if the offender is employed through a program for prison industries ; [.
(d) An amount determined by the Director for deposit in the individual account of the offender in the Prisoners Personal Property Fund.
(e)] (4) An amount determined by the Director, with the approval of the Board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the Department [. An] , and any amount deducted pursuant to this [paragraph] subparagraph may include, but is not limited to, an amount to offset the cost of participation by the offender pursuant to NRS 209.4231 to 209.4244, inclusive, in a therapeutic community or a program of aftercare, or both ; [.
(f)] (5) A deduction pursuant to NRS 209.246 ; [.
(g)] (6) An amount determined by the Director for deposit in the individual account of the offender in the Prisoners Personal Property Fund;
κ2021 Statutes of Nevada, Page 1900 (CHAPTER 319, SB 22)κ
(7) An amount determined by the Director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to his or her release or, if the offender dies before his or her release, to defray expenses related to arrangements for his or her funeral ; [.
(h)] (8) An amount the Director considers reasonable [to meet an existing obligation of the offender for restitution to any victim of his or her crime.] for deposit with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime;
[(i)] (9) An amount the Director considers reasonable to pay the balance of any fee imposed upon the offender for genetic marker analysis and included in the judgment entered against the offender pursuant to NRS 176.0915 ; [.
(j)] (10) An amount the Director considers reasonable to pay the balance of an administrative assessment included in the judgment entered against the offender for each crime for which the offender is incarcerated and the balance of an unpaid administrative assessment included in a judgment entered against the offender for a crime committed in this state for which the offender was previously convicted [. An] , and any amount deducted from the wages of the offender pursuant to this [paragraph] subparagraph must be submitted:
[(1)] (I) If the offender does not have an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which the offender is incarcerated [.
(2)] ; or
(II) If the offender has an administrative assessment owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which an administrative assessment is owing, until the balance owing has been paid [.
(k)] ; and
(11) An amount the Director considers reasonable to pay the balance of a fine included in the judgment entered against the offender for each crime for which the offender is incarcerated and the balance of an unpaid fine included in a judgment entered against the offender for a crime committed in this state for which the offender was previously convicted [. An] , and any amount deducted from the wages of the offender pursuant to this [paragraph] subparagraph must be submitted:
[(1)] (I) If the offender does not have a fine owing from a judgment entered for a crime previously committed in this state, to the court that entered the judgment against the offender for which the offender is incarcerated [.
(2)] ; or
(II) If the offender has a fine owing from a judgment entered for a crime previously committed in this state, to the court that first entered a judgment for which a fine or administrative assessment is owing, until the balance owing has been paid [.
Κ The Director shall determine the priority of any] ; and
(b) Any other deduction authorized by law from the wages earned by the offender from any source during the offenders incarceration [.
2.] , the deduction of which must be made in an order of priority determined by the Director.
κ2021 Statutes of Nevada, Page 1901 (CHAPTER 319, SB 22)κ
4. If the hourly wage of the offender is less than the federal minimum wage [:] , the Director may deduct:
(a) In the following order of priority:
(1) An amount the Director [deems] considers reasonable [for deposit with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime.] to meet an existing obligation of the offender for restitution to a victim of his or her crime;
[(b)] (2) An amount determined by the Director, with the approval of the Board, for deposit in the State Treasury for credit to the Fund for New Construction of Facilities for Prison Industries, but only if the offender is employed through a program for prison industries ; [.
(c) An amount determined by the Director for deposit in the individual account of the offender in the Prisoners Personal Property Fund.
(d)] (3) An amount determined by the Director, with the approval of the Board, to offset the cost of maintaining the offender in the institution, as reflected in the budget of the Department [. An] , and any amount deducted pursuant to this [paragraph] subparagraph may include, but is not limited to, an amount to offset the cost of participation by the offender pursuant to NRS 209.4231 to 209.4244, inclusive, in a therapeutic community or a program of aftercare, or both ; [.
(e)] (4) A deduction pursuant to NRS 209.246 ; [.
(f) An amount the Director considers reasonable to pay the balance of any fee imposed upon the offender for genetic marker analysis and included in the judgment entered against the offender pursuant to NRS 176.0915.
(g)] (5) An amount determined by the Director for deposit in the individual account of the offender in the Prisoners Personal Property Fund;
(6) An amount determined by the Director for deposit in a savings account for the offender, in which interest on the money deposited does not accrue, to be used for the payment of the expenses of the offender related to the offenders release or, if the offender dies before the offenders release, to defray expenses related to arrangements for the offenders funeral ; [.]
(7) An amount the Director deems reasonable for deposit with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime; and
(8) An amount the Director considers reasonable to pay the balance of any fee imposed upon the offender for genetic marker analysis and included in the judgment entered against the offender pursuant to NRS 176.0915; and
[Κ The Director shall determine the priority of any]
(b) Any other deduction authorized by law from the wages earned by the offender from any source during the offenders incarceration [.] , the deduction of which must be made in an order of priority determined by the Director.
Sec. 2.5. NRS 233B.039 is hereby amended to read as follows:
233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:
(a) The Governor.
(b) Except as otherwise provided in NRS 209.221 [,] and section 1.3 of this act, the Department of Corrections.
κ2021 Statutes of Nevada, Page 1902 (CHAPTER 319, SB 22)κ
(c) The Nevada System of Higher Education.
(d) The Office of the Military.
(e) The Nevada Gaming Control Board.
(f) Except as otherwise provided in NRS 368A.140 and 463.765, the Nevada Gaming Commission.
(g) Except as otherwise provided in NRS 425.620, the Division of Welfare and Supportive Services of the Department of Health and Human Services.
(h) Except as otherwise provided in NRS 422.390, the Division of Health Care Financing and Policy of the Department of Health and Human Services.
(i) Except as otherwise provided in NRS 533.365, the Office of the State Engineer.
(j) The Division of Industrial Relations of the Department of Business and Industry acting to enforce the provisions of NRS 618.375.
(k) The Administrator of the Division of Industrial Relations of the Department of Business and Industry in establishing and adjusting the schedule of fees and charges for accident benefits pursuant to subsection 2 of NRS 616C.260.
(l) The Board to Review Claims in adopting resolutions to carry out its duties pursuant to NRS 445C.310.
(m) The Silver State Health Insurance Exchange.
(n) The Cannabis Compliance Board.
2. Except as otherwise provided in subsection 5 and NRS 391.323, the Department of Education, the Board of the Public Employees Benefits Program and the Commission on Professional Standards in Education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
3. The special provisions of:
(a) Chapter 612 of NRS for the adoption of an emergency regulation or the distribution of regulations by and the judicial review of decisions of the Employment Security Division of the Department of Employment, Training and Rehabilitation;
(b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;
(c) Chapter 91 of NRS for the judicial review of decisions of the Administrator of the Securities Division of the Office of the Secretary of State; and
(d) NRS 90.800 for the use of summary orders in contested cases,
Κ prevail over the general provisions of this chapter.
4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the Department of Health and Human Services in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.
5. The provisions of this chapter do not apply to:
(a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the State Board of Agriculture, the State Board of Health, or any other agency of this State in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control;
κ2021 Statutes of Nevada, Page 1903 (CHAPTER 319, SB 22)κ
(b) An extraordinary regulation of the State Board of Pharmacy adopted pursuant to NRS 453.2184;
(c) A regulation adopted by the State Board of Education pursuant to NRS 388.255 or 394.1694;
(d) The judicial review of decisions of the Public Utilities Commission of Nevada;
(e) The adoption, amendment or repeal of policies by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation pursuant to NRS 426.561 or 615.178;
(f) The adoption or amendment of a rule or regulation to be included in the State Plan for Services for Victims of Crime by the Department of Health and Human Services pursuant to NRS 217.130;
(g) The adoption, amendment or repeal of rules governing the conduct of contests and exhibitions of unarmed combat by the Nevada Athletic Commission pursuant to NRS 467.075; or
(h) The adoption, amendment or repeal of regulations by the Director of the Department of Health and Human Services pursuant to NRS 447.335 to 447.350, inclusive.
6. The State Board of Parole Commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
Sec. 3. This act becomes effective on July 1, 2021.
________
Senate Bill No. 34Committee on Natural Resources
CHAPTER 320
[Approved: June 3, 2021]
AN ACT relating to agriculture; revising provisions relating to certain employees of the State Department of Agriculture who have the powers of a peace officer; clarifying that certain inspections conducted by the Department are visual inspections; revising the definition of police officer to include agricultural police officers for purposes of certain benefits and exemptions; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, a brand inspector or a person designated as a field agent or inspector by the Director of the State Department of Agriculture is a category II peace officer with enforcement powers related to certain provisions of law related to agriculture. (NRS 289.290, 289.470, 561.225) Section 1 of this bill authorizes the Director to, instead, appoint agricultural police officers to enforce certain provisions of law relating to agriculture. Section 12 of this bill makes an agricultural police officer a category I peace officer. Sections 2 and 7-15 of this bill make conforming changes related to the appointment of agricultural police officers in place of field agents and inspectors.
κ2021 Statutes of Nevada, Page 1904 (CHAPTER 320, SB 34)κ
Section 11 of this bill authorizes an agricultural police officer to: (1) serve such legal process as may be required in the enforcement of various provisions of law related to agriculture; and (2) enforce all laws of the State while performing duties pursuant to various provisions of law related to agriculture.
Existing law authorizes the Director of the Department to establish brand inspection districts in this State. If such districts are established, any animal within those districts is subject to brand inspection before the animal may be consigned for slaughter, sold or removed from any of those districts. (NRS 565.040, 565.090, 565.100, 565.110) Sections 3-6 of this bill clarify that a brand inspection is a visual examination.
Existing law defines police officer to include various law enforcement officers of this State for the purposes of certain provisions relating to eligibility for benefits under the Nevada Occupational Diseases Act. (NRS 617.135) Section 16 of this bill expands the definition of police officer to include agricultural police officers. Furthermore, because various other provisions of NRS reference police officer as that term is defined in the Act, section 16 makes applicable to agricultural police officers: (1) the industrial insurance coverage for police officers; (2) exemption from service as grand or trial jurors; (3) the compensation for police officers with temporary disabilities; and (4) eligibility for certain programs of group insurance or other medical or hospital service for the surviving spouse or any child of police officers and firefighters. (NRS 6.020, 281.153, 287.021, 287.0477, chapters 616A-616D of NRS)
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 561.225 is hereby amended to read as follows:
561.225 1. The Director shall appoint such technical, clerical and operational staff as the execution of the Directors duties and the operation of the Department may require.
2. The Director may [designate such department personnel as are required to be field agents and inspectors in the enforcement of] appoint agricultural police officers for the purposes of enforcing the provisions of Titles 49 and 50 of NRS and chapters 581, 582, 583, 584, 586, 587, 588 and 590 of NRS.
Sec. 2. NRS 561.421 is hereby amended to read as follows:
561.421 Any [field agent, inspector, or other] officer or employee of the Department, who collects currency in payment of any taxes, assessments, proceeds of sale, fees or other charges imposed pursuant to the provisions of this Title in an area of the State so remote that the currency can only be transmitted to the Department by mail, may mail a check in lieu of the amount collected in currency.
Sec. 3. NRS 565.010 is hereby amended to read as follows:
565.010 As used in this chapter, unless the context otherwise requires:
1. Agricultural police officer means a person appointed by the Director pursuant to NRS 561.225 who has the powers of a peace officer pursuant to NRS 289.290.
2. Animals means:
(a) All cattle or animals of the bovine species except dairy breed calves under the age of 1 month.
κ2021 Statutes of Nevada, Page 1905 (CHAPTER 320, SB 34)κ
(b) All horses, mules, burros and asses or animals of the equine species.
(c) All swine or animals of the porcine species.
(d) Alternative livestock as defined in NRS 501.003.
[2.] 3. Brand inspection means a careful visual examination of each animal offered for such inspection and [an] a visual examination of any brands, marks or other characteristics thereon.
[3.] 4. Department means the State Department of Agriculture.
[4.] 5. Director means the Director of the Department.
Sec. 4. NRS 565.090 is hereby amended to read as follows:
565.090 1. Except as otherwise provided in subsections 3 and 6 and NRS 565.095, it is unlawful for any person to drive or otherwise remove any animals out of a brand inspection district created under the provisions of this chapter until the animals have been visually inspected and a brand inspection clearance certificate is issued by the Department or a written permit from the Department has been issued authorizing the movement without brand inspection.
2. Any person contemplating the driving or movement of any animals out of a brand inspection district shall notify the Department or an inspector thereof of the persons intention, stating:
(a) The place at which it is proposed to cross the border of the brand inspection district with the animals.
(b) The number and kind of animals.
(c) The owner of the animals.
(d) The brands and marks of the animals claimed by each owner and, if they are other than the brands and marks legally recorded in the name of the owner, information concerning the basis for the claim of ownership or legal possession.
(e) The date of the proposed movement across the border of the brand inspection district and the destination of the movement.
(f) If a brand inspection is required, a statement setting forth the place where the animals will be held for brand inspection.
3. The provisions of this section do not apply to animals whose accustomed range is on both sides of the boundary of any brand inspection district but contiguous to that district and which are being moved from one portion of the accustomed range to another merely for pasturing and grazing thereon.
4. Except as otherwise provided in NRS 565.095, the provisions of this section apply at all times to the movement of any animals across the Nevada state line to any point outside of the State of Nevada, except animals whose accustomed range is on both sides of the Nevada state line but contiguous thereto and which are being moved from one portion to another of the accustomed range merely for pasturing and grazing thereon.
5. In addition to the penalty imposed in NRS 565.170, a person who violates the provisions of subsection 1 is:
(a) For the first violation, subject to an immediate brand inspection of the animals by the Department and shall reimburse the Department for its time and mileage and pay the usual fees for the brand inspection.
(b) For the second and any subsequent violation, ineligible for a permit to move any livestock without a brand inspection until the State Board of Agriculture is satisfied that any future movement will comply with all applicable statutes and regulations.
κ2021 Statutes of Nevada, Page 1906 (CHAPTER 320, SB 34)κ
6. The Department may establish regulations specifying the circumstances under which a permit may be issued authorizing the movement of livestock without a brand inspection pursuant to this section. The circumstances may include, without limitation, the routine movement of horses and bulls within and from this State for the purpose of participating in a rodeo.
Sec. 5. NRS 565.100 is hereby amended to read as follows:
565.100 It is unlawful for any person to consign for slaughter, or slaughter at an approved plant, or transfer ownership of any animals by sale or otherwise within any brand inspection district created under the provisions of this chapter, until the animals have been visually inspected by an inspector of the Department and a brand inspection clearance certificate issued covering the animals.
Sec. 6. NRS 565.110 is hereby amended to read as follows:
565.110 Except as otherwise provided in NRS 565.090, a person intending to move, drive, ship or transport by common carrier, or otherwise, any animals out of any brand inspection district created under the provisions of this chapter shall assemble and hold them at some convenient and adequate place for such brand inspection as may be required until the animals have been visually inspected and released as provided for in this chapter.
Sec. 7. NRS 565.140 is hereby amended to read as follows:
565.140 1. Whenever, incident to any brand inspection under the provisions of this chapter, any inspector shall find in the possession of any person or persons offering animals for inspection any animals to which such person or persons cannot establish their legal ownership or right of possession and the inspector shall be able to determine by means of the brands or brands and marks on such animal or animals, or upon other reliable evidence, the actual legal owner or owners of such animal or animals, the inspector shall immediately notify an agricultural [enforcement] police officer of the inspectors findings.
2. The inspector shall include in such notice:
(a) The date and place where such animal or animals were found.
(b) A full description of the same.
(c) The name and address of any person or persons in whose possession they were found.
(d) All other information which may aid the agricultural [enforcement] police officer or the legal owner or owners of such animal or animals in securing the return thereof or compensation therefor, or in any civil suit or criminal prosecution relating thereto.
3. Upon receipt of the notice, the agricultural [enforcement] police officer shall investigate the findings of the inspector and, as soon as practicable, provide notification of those findings to the legal owner or owners of such animal or animals.
[4. As used in this section, agricultural enforcement officer has the meaning ascribed to it in regulations adopted by the Department.]
Sec. 8. NRS 565.150 is hereby amended to read as follows:
565.150 1. Whenever, incident to any brand inspection under the provisions of this chapter, any inspector shall find in the possession of any persons offering animals for inspection any animals to which such person or persons cannot establish their legal ownership or right to possession, and the inspector shall be unable to determine by means of the brands or brands and marks on such animals, or otherwise, the actual legal owners of the animals, or, if in the judgment of the inspector such action is necessary to safeguard the legal owners of the animals, if known to the inspector, against their loss, the inspector shall immediately notify an agricultural police officer.
κ2021 Statutes of Nevada, Page 1907 (CHAPTER 320, SB 34)κ
persons cannot establish their legal ownership or right to possession, and the inspector shall be unable to determine by means of the brands or brands and marks on such animals, or otherwise, the actual legal owners of the animals, or, if in the judgment of the inspector such action is necessary to safeguard the legal owners of the animals, if known to the inspector, against their loss, the inspector shall immediately notify an agricultural police officer. The agricultural police officer shall seize and take possession of such animals and proceed to dispose of the same, under the provisions of NRS 569.010 or 569.040 to 569.130, inclusive.
2. Such seizure and disposal by an [inspector] agricultural police officer shall in no way relieve the persons in whose possession the animals were found of any civil or criminal liability arising out of the unlawful removal of such animals from the grazing commons or the unlawful possession of the same.
Sec. 9. NRS 565.155 is hereby amended to read as follows:
565.155 In addition to enforcing the provisions of this chapter through its [inspectors,] agricultural police officers, the Department may:
1. Authorize other peace officers to enforce the provisions of this chapter; and
2. Adopt regulations specifying the procedures for the enforcement of the provisions of this chapter by [the inspectors of the Department] agricultural police officers and other peace officers.
Sec. 10. NRS 566.025 is hereby amended to read as follows:
566.025 1. It is unlawful for any person to have in his or her possession all or part of the carcass of any bovine animal unless:
(a) The animal was slaughtered at a slaughtering establishment under a United States Government, state, county or municipal inspection system which provides for adequate stamping for identification of all carcasses or parts of carcasses before release; or
(b) The person exhibits to any inspector or agricultural [enforcement] police officer of the Department, on demand:
(1) The hide of the animal from which the carcass was obtained, with ears and brands attached without disfiguration or alteration; or
(2) A certificate of inspection or release of the carcass, or of the carcass and hide, issued by an inspector of the Department.
2. As used in this section, agricultural [enforcement] police officer [has the meaning ascribed to it in regulations adopted by the Department.] means a person appointed by the Director of the Department pursuant to NRS 561.225 who has the powers of a peace officer pursuant to NRS 289.290.
Sec. 11. NRS 289.290 is hereby amended to read as follows:
289.290 1. [A person designated] An agricultural police officer appointed by the Director of the State Department of Agriculture [as a field agent or an inspector] pursuant to [subsection 2 of] NRS 561.225 [has the powers of] is a peace officer [to make investigations and arrests and to execute warrants of search and seizure, and may temporarily stop a vehicle in the enforcement of the provisions] for the purposes of:
(a) The service of such legal process, including warrants and subpoenas, as may be required in the enforcement of titles 49 and 50 of NRS and chapters 581, 582, 583, 584, 586, 587, 588 and 590 of NRS.
κ2021 Statutes of Nevada, Page 1908 (CHAPTER 320, SB 34)κ
[2. An officer appointed by the Nevada Junior Livestock Show Board pursuant to NRS 563.120 has the powers of a peace officer for the preservation of order and peace on the grounds and in the buildings and the approaches thereto of the livestock shows and exhibitions that the Board conducts.
3. In carrying out the provisions of chapter 565]
(b) The enforcement of all laws of the State of Nevada while they are performing their duties pursuant to titles 49 and 50 of NRS [, an inspector of the State Department of Agriculture has the powers of a peace officer to make investigations and arrests and to execute warrants of search and seizure.] and chapters 581, 582, 583, 584, 586, 587, 588 and 590 of NRS.
2. Before any officer described in subsection 1 may exercise the powers of a peace officer, he or she must be certified as a category I peace officer by the Peace Officers Standards and Training Commission.
Sec. 12. NRS 289.470 is hereby amended to read as follows:
289.470 Category II peace officer means:
1. The bailiffs of the district courts, justice courts and municipal courts whose duties require them to carry weapons and make arrests;
2. Subject to the provisions of NRS 258.070, constables and their deputies;
3. Inspectors employed by the Nevada Transportation Authority who exercise those powers of enforcement conferred by chapters 706 and 712 of NRS;
4. Special investigators who are employed full-time by the office of any district attorney or the Attorney General;
5. Investigators of arson for fire departments who are specially designated by the appointing authority;
6. [The brand inspectors of the State Department of Agriculture who exercise the powers of enforcement conferred by chapter 565 of NRS;
7. The field agents and inspectors by the Director of the State Department of Agriculture who exercise the powers of enforcement conferred by NRS 561.225;
8.] Investigators for the State Forester Firewarden who are specially designated by the State Forester Firewarden and whose primary duties are related to the investigation of arson;
[9.] 7. Agents of the Nevada Gaming Control Board who exercise the powers of enforcement specified in NRS 289.360, 463.140 or 463.1405, except those agents whose duties relate primarily to auditing, accounting, the collection of taxes or license fees, or the investigation of applicants for licenses;
[10.] 8. Investigators and administrators of the Division of Compliance Enforcement of the Department of Motor Vehicles who perform the duties specified in subsection 2 of NRS 481.048;
[11.] 9. Officers and investigators of the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel of the Department of Motor Vehicles who perform the duties specified in subsection 3 of NRS 481.0481;
[12.] 10. Legislative police officers of the State of Nevada;
[13.] 11. Parole counselors of the Division of Child and Family Services of the Department of Health and Human Services;
κ2021 Statutes of Nevada, Page 1909 (CHAPTER 320, SB 34)κ
[14.] 12. Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in the State of Nevada or by a department of juvenile justice services established by ordinance pursuant to NRS 62G.210 whose official duties require them to enforce court orders on juvenile offenders and make arrests;
[15.] 13. Field investigators of the Taxicab Authority;
[16.] 14. Security officers employed full-time by a city or county whose official duties require them to carry weapons and make arrests;
[17.] 15. The chief of a department of alternative sentencing created pursuant to NRS 211A.080 and the assistant alternative sentencing officers employed by that department;
[18.] 16. Agents of the Cannabis Compliance Board who exercise the powers of enforcement specified in NRS 289.355;
[19.] 17. Criminal investigators who are employed by the Secretary of State; and
[20.] 18. The Inspector General of the Department of Corrections and any person employed by the Department as a criminal investigator.
Sec. 13. NRS 289.480 is hereby amended to read as follows:
289.480 Category III peace officer means a peace officer whose authority is limited to correctional services, including the superintendents and correctional officers of the Department of Corrections. The term does not include a person described in subsection [20] 18 of NRS 289.470.
Sec. 14. NRS 484A.205 is hereby amended to read as follows:
484A.205 Regulatory agency means any of the agencies granted police or enforcement powers under the provisions of subsection 1 of NRS 289.250, NRS 289.260, subsection 2 of NRS 289.270, NRS 289.280, [subsection 3 of NRS] 289.290 , [or NRS] 289.320, 289.340, 407.065, 472.040, 481.048, 501.349, 565.155 or 706.8821.
Sec. 15. NRS 584.091 is hereby amended to read as follows:
584.091 Each [field agent or inspector of the Department] agricultural police officer who has the powers of a peace officer pursuant to NRS 289.290 shall render assistance to the Director in the enforcement of the provisions of this chapter.
Sec. 16. NRS 617.135 is hereby amended to read as follows:
617.135 Police officer includes:
1. A sheriff, deputy sheriff, officer of a metropolitan police department or city police officer;
2. A chief, inspector, supervisor, commercial officer or trooper of the Nevada Highway Patrol Division of the Department of Public Safety;
3. A chief, investigator or agent of the Investigation Division of the Department of Public Safety;
4. A chief, supervisor, investigator or training officer of the Training Division of the Department of Public Safety;
5. A chief or investigator of an office of the Department of Public Safety that conducts internal investigations of employees of the Department of Public Safety or investigates other issues relating to the professional responsibility of those employees;
6. A chief or investigator of the Department of Public Safety whose duties include, without limitation:
κ2021 Statutes of Nevada, Page 1910 (CHAPTER 320, SB 34)κ
(a) The execution, administration or enforcement of the provisions of chapter 179A of NRS; and
(b) The provision of technology support services to the Director and the divisions of the Department of Public Safety;
7. An officer or investigator of the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel of the Department of Motor Vehicles;
8. An investigator of the Division of Compliance Enforcement of the Department of Motor Vehicles;
9. A member of the police department of the Nevada System of Higher Education;
10. A:
(a) Uniformed employee of; or
(b) Forensic specialist employed by,
Κ the Department of Corrections whose position requires regular and frequent contact with the offenders imprisoned and subjects the employee to recall in emergencies;
11. A parole and probation officer of the Division of Parole and Probation of the Department of Public Safety;
12. A forensic specialist or correctional officer employed by the Division of Public and Behavioral Health of the Department of Health and Human Services at facilities for mentally disordered offenders;
13. The State Fire Marshal and his or her assistant and deputies;
14. A game warden of the Department of Wildlife who has the powers of a peace officer pursuant to NRS 289.280;
15. A ranger or employee of the Division of State Parks of the State Department of Conservation and Natural Resources who has the powers of a peace officer pursuant to NRS 289.260; [and]
16. A bailiff or a deputy marshal of the district court or justice court whose duties require him or her to carry a weapon and to make arrests [.] ; and
17. An agricultural police officer appointed by the Director of the State Department of Agriculture pursuant to NRS 561.225 who has the powers of a peace officer pursuant to NRS 289.290.
Sec. 17. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 1911κ
Senate Bill No. 51Committee on Legislative Operations and Elections
CHAPTER 321
[Approved: June 3, 2021]
AN ACT relating to state employees; prohibiting an employee of the Executive Department of the State Government from engaging in sex- or gender-based harassment; providing for the adoption and annual review of a policy for such employees concerning sex- or gender-based harassment; prescribing certain duties of an appointing authority relating to sex- or gender-based harassment; creating the Sex- or Gender-Based Harassment and Discrimination Investigation Unit within the Division of Human Resource Management of the Department of Administration; providing for the investigation of a complaint by the Investigation Unit; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law: (1) creates the Division of Human Resource Management of the Department of Administration; and (2) requires the Division to administer provisions governing employees of the Executive Department of the State Government. (NRS 284.025) Section 2 of this bill: (1) declares that it is the policy of this State to ensure that its employees do not engage in sex- or gender-based harassment; and (2) prohibits such employees from engaging in such behavior against another employee, an applicant for employment or any other person in the workplace.
Section 3 of this bill requires the Administrator of the Division to adopt, maintain and annually review and update a policy for employees of the Executive Department concerning sex- or gender-based harassment. Section 3 also requires an appointing authority to provide each employee with a copy of the policy upon employment and any update of the policy.
Section 5 of this bill creates the Sex- or Gender-Based Harassment and Discrimination Investigation Unit within the Division. Section 4 of this bill requires an appointing authority to notify the Investigation Unit upon receipt of a complaint filed by an employee concerning sex- or gender-based harassment or discrimination. Section 4 additionally requires an appointing authority to notify certain other persons responsible for providing legal advice to the agency upon receipt of a complaint.
Section 5 requires the Investigation Unit to appoint an investigator to investigate any complaint regarding suspected harassment or discrimination based on sex or gender filed by an employee. Section 5 requires an investigator to prepare a written report of his or her findings at the conclusion of an investigation and submit the report to the Investigation Unit for transmission to the appointing authority of the agency in which the complaint arose and certain other persons. Section 5 requires the appointing authority to: (1) review the report; (2) determine the appropriate resolution of the complaint; (3) notify the Investigation Unit in writing that a complaint has been resolved; and (4) retain a copy of the written report prepared by the investigator and the written notification of the resolution of the complaint. Section 5 makes a complaint regarding suspected harassment or discrimination based on sex or gender and information relating to such a complaint confidential and prohibits its disclosure unless: (1) so ordered by the Administrator or his or her designee or a court of competent jurisdiction; or (2) necessary to file a claim authorized by law that is based on the same facts and circumstances as those identified in the complaint. Section 5 also: (1) requires that if the Administrator or his or her designee decides to order the disclosure of any such information which may be used to identify certain persons, the Administrator or designee must provide certain notice to the person before ordering the disclosure; and (2) authorizes a person who receives such notice to file a written appeal of the decision with the Personnel Commission.
κ2021 Statutes of Nevada, Page 1912 (CHAPTER 321, SB 51)κ
notice to the person before ordering the disclosure; and (2) authorizes a person who receives such notice to file a written appeal of the decision with the Personnel Commission. Sections 5, 5.3 and 5.5 of this bill make a complaint regarding suspected harassment or discrimination based on sex or gender and information relating to such a complaint confidential regardless of whether the provisions of a collective bargaining agreement requires the disclosure of such information. Section 6 of this bill makes a conforming change to indicate the exception of such information from disclosure as a public record.
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 284 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. It is the policy of this State to ensure that its employees do not engage in sex- or gender-based harassment.
2. Sex- or gender-based harassment violates the policy of this State and is a form of unlawful discrimination based on sex or gender under state and federal law. An employee shall not engage in sex- or gender-based harassment against another employee, an applicant for employment or any other person in the workplace.
Sec. 3. 1. The Administrator shall adopt and maintain a policy concerning sex- or gender-based harassment. Such a policy must include, without limitation:
(a) A definition of behavior that constitutes illegal sex- or gender-based harassment;
(b) Training requirements for employees concerning sex- or gender-based harassment;
(c) Training requirements for managerial or supervisory employees concerning equal employment opportunity; and
(d) A procedure for filing a complaint to report suspected harassment or discrimination based on sex or gender.
2. At least annually, the Administrator shall review the policy adopted pursuant to subsection 1 for compliance with relevant state and federal law and make any necessary updates to the policy.
3. An appointing authority shall provide each employee of the appointing authority with a copy of the policy adopted pursuant to subsection 1 upon commencement of employment and any update of the policy.
Sec. 4. Upon receipt of a complaint filed by an employee alleging he or she is being harassed or discriminated against based on his or her sex or gender or has witnessed an employee being harassed or discriminated against based on his or her sex or gender, an appointing authority shall promptly notify the Sex- or Gender-Based Harassment and Discrimination Investigation Unit created by section 5 of this act and:
1. A person designated by the appointing authority to handle issues relating to sex- or gender-based harassment and discrimination; or
2. The deputy attorney general or other counsel designated to act as an attorney for the agency.
κ2021 Statutes of Nevada, Page 1913 (CHAPTER 321, SB 51)κ
Sec. 5. 1. The Sex- or Gender-Based Harassment and Discrimination Investigation Unit is hereby created within the Division.
2. The Sex- or Gender-Based Harassment and Discrimination Investigation Unit shall promptly assign or appoint an investigator to investigate any complaint regarding suspected harassment or discrimination based on sex or gender filed by an employee pursuant to the procedure established in accordance with section 3 of this act or received pursuant to section 4 of this act. An investigator assigned or appointed pursuant to this section shall inform each person involved in such an investigation of the provisions of subsection 6. The investigation must be conducted as discreetly and with as minimal disruption to the workplace as possible.
3. At the conclusion of the investigation, the investigator shall prepare a written report of his or her findings and submit the report to the Sex- or Gender-Based Harassment and Discrimination Investigation Unit for transmission to the appointing authority of the agency in which the complaint arose or a person designated by the appointing authority to handle issues relating to sex- or gender-based harassment and discrimination and the deputy attorney general or other counsel designated to act as an attorney for the agency.
4. The Sex- or Gender-Based Harassment and Discrimination Investigation Unit shall notify a complainant when a report has been completed and forwarded to the appointing authority for review.
5. Upon receipt of a written report prepared pursuant to subsection 3, the appointing authority shall review the report and determine the appropriate resolution of the complaint. The appointing authority shall:
(a) Notify the Sex- or Gender-Based Harassment and Discrimination Investigation Unit in writing of its determination regarding the resolution of the complaint within 30 days after the date on which the resolution occurs; and
(b) Retain a copy of the written report prepared pursuant to subsection 3 and the written notification of the resolution of the complaint described in paragraph (a).
6. Except as otherwise provided in subsection 8, a complaint filed pursuant to section 4 of this act and any information relating to the complaint, including, without limitation, information that is:
(a) Obtained by the investigator in the investigation of a complaint pursuant to subsection 2;
(b) Contained in a written report of a complaint retained pursuant to subsection 5; or
(c) Contained in a written resolution of a complaint retained pursuant to subsection 5,
Κ is confidential and must not be disclosed unless so ordered by the Administrator or his or her designee or a court of competent jurisdiction. Such information that is ordered to be disclosed must not be disclosed until after the conclusion of the investigation.
7. If the Administrator or his or her designee decides pursuant to subsection 6 to order the disclosure of any information that may be used to identify a person who filed a complaint pursuant to section 4 of this act, a person who is the subject of such a complaint or a person who claims to have witnessed an employee being harassed or discriminated against based on his or her sex or gender,
κ2021 Statutes of Nevada, Page 1914 (CHAPTER 321, SB 51)κ
person who is the subject of such a complaint or a person who claims to have witnessed an employee being harassed or discriminated against based on his or her sex or gender, the Administrator or his or her designee shall notify the person regarding the decision at least 10 days before ordering the disclosure. A person who receives such notice may, within 10 days after receiving the notice, file a written appeal of the decision with the Commission. If such an appeal is filed, the Commission shall, in a closed hearing, consider the decision of the Administration for which the appeal is taken. If the Commission determines that the information must not be disclosed, the Commission shall keep the information confidential.
8. A person or governmental entity identified in a complaint filed pursuant to section 4 of this act may disclose the identity of any other person or entity identified in the complaint if such disclosure is necessary to file a claim authorized by law that is based on the same facts and circumstances as those identified in the complaint.
9. An appointing authority shall take any action necessary to protect a complainant whose identity is disclosed pursuant to subsection 6 or 8 from retaliation for filing the complaint.
10. In the event of a conflict between this section and the provisions of a collective bargaining agreement entered into pursuant to NRS 288.400 to 288.630, inclusive, the provisions of this section prevail.
Sec. 5.3. NRS 284.013 is hereby amended to read as follows:
284.013 1. Except as otherwise provided in subsection 4, this chapter does not apply to:
(a) Agencies, bureaus, commissions, officers or personnel in the Legislative Department or the Judicial Department of State Government, including the Commission on Judicial Discipline;
(b) Any person who is employed by a board, commission, committee or council created in chapters 445C, 590, 623 to 625A, inclusive, 628, 630 to 644A, inclusive, 648, 652, 654 and 656 of NRS; or
(c) Officers or employees of any agency of the Executive Department of the State Government who are exempted by specific statute.
2. Except as otherwise provided in subsection 3, the terms and conditions of employment of all persons referred to in subsection 1, including salaries not prescribed by law and leaves of absence, including, without limitation, annual leave and sick and disability leave, must be fixed by the appointing or employing authority within the limits of legislative appropriations or authorizations.
3. Except as otherwise provided in this subsection, leaves of absence prescribed pursuant to subsection 2 must not be of lesser duration than those provided for other state officers and employees pursuant to the provisions of this chapter. The provisions of this subsection do not govern the Legislative Commission with respect to the personnel of the Legislative Counsel Bureau.
4. Any board, commission, committee or council created in chapters 445C, 590, 623 to 625A, inclusive, 628, 630 to 644A, inclusive, 648, 652, 654 and 656 of NRS which contracts for the services of a person, shall require the contract for those services to be in writing. The contract must be approved by the State Board of Examiners before those services may be provided.
κ2021 Statutes of Nevada, Page 1915 (CHAPTER 321, SB 51)κ
5. [To] Except as otherwise provided in section 5 of this act, to the extent that they are inconsistent or otherwise in conflict, the provisions of this chapter do not apply to any terms and conditions of employment that are properly within the scope of and subject to the provisions of a collective bargaining agreement or a supplemental bargaining agreement that is enforceable pursuant to the provisions of NRS 288.400 to 288.630, inclusive.
Sec. 5.5. NRS 288.505 is hereby amended to read as follows:
288.505 1. Each collective bargaining agreement must be in writing and must include, without limitation:
(a) A procedure to resolve grievances which applies to all employees in the bargaining unit and culminates in final and binding arbitration. The procedure must be used to resolve all grievances relating to employment, including, without limitation, the administration and interpretation of the collective bargaining agreement, the applicability of any law, rule or regulation relating to the employment and appeal of discipline and other adverse personnel actions.
(b) A provision which provides that an officer of the Executive Department shall, upon written authorization by an employee within the bargaining unit, withhold a sufficient amount of money from the salary or wages of the employee pursuant to NRS 281.129 to pay dues or similar fees to the exclusive representative of the bargaining unit. Such authorization may be revoked only in the manner prescribed in the authorization.
(c) A nonappropriation clause that provides that any provision of the collective bargaining agreement which requires the Legislature to appropriate money is effective only to the extent of legislative appropriation.
2. Except as otherwise provided in subsections 3 and 4, the procedure to resolve grievances required in a collective bargaining agreement pursuant to paragraph (a) of subsection 1 is the exclusive means available for resolving grievances described in that paragraph.
3. An employee in a bargaining unit who has been dismissed, demoted or suspended may pursue a grievance related to that dismissal, demotion or suspension through:
(a) The procedure provided in the agreement pursuant to paragraph (a) of subsection 1; or
(b) The procedure prescribed by NRS 284.390,
Κ but once the employee has properly filed a grievance in writing under the procedure described in paragraph (a) or requested a hearing under the procedure described in paragraph (b), the employee may not proceed in the alternative manner.
4. An employee in a bargaining unit who is aggrieved by the failure of the Executive Department or its designated representative to comply with the requirements of NRS 281.755 may pursue a grievance related to that failure through:
(a) The procedure provided in the agreement pursuant to paragraph (a) of subsection 1; or
(b) The procedure prescribed by NRS 288.115,
κ2021 Statutes of Nevada, Page 1916 (CHAPTER 321, SB 51)κ
Κ but once the employee has properly filed a grievance in writing under the procedure described in paragraph (a) or filed a complaint under the procedure described in paragraph (b), the employee may not proceed in the alternative manner.
5. If there is a conflict between any provision of an agreement between the Executive Department and an exclusive representative and:
(a) Any regulation adopted by the Executive Department, the provision of the agreement prevails unless the provision of the agreement is outside of the lawful scope of collective bargaining.
(b) An existing statute, other than a statute described in paragraph (c), the provision of the agreement may not be given effect unless the Legislature amends the existing statute in such a way as to eliminate the conflict.
(c) [A] Except as otherwise provided in section 5 of this act, a provision of chapter 284 or 287 of NRS or NRS 288.570, 288.575 or 288.580, the provision of the agreement prevails unless the Legislature is required to appropriate money to implement the provision, within the limits of legislative appropriations and any other available money.
Sec. 6. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035,
κ2021 Statutes of Nevada, Page 1917 (CHAPTER 321, SB 51)κ
391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 437.145, 437.207, 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2673, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.221, 641.325, 641A.191, 641A.262, 641A.289, 641B.170, 641B.282, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 5 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
κ2021 Statutes of Nevada, Page 1918 (CHAPTER 321, SB 51)κ
does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
4. If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium. Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 7. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 1919κ
Senate Bill No. 55Committee on Commerce and Labor
CHAPTER 322
[Approved: June 3, 2021]
AN ACT relating to employee leasing companies; transferring the duties for the licensing and certain regulation of certain companies which lease employees from the Administrator of the Division of Industrial Relations of the Department of Business and Industry to the Labor Commissioner; authorizing the Labor Commissioner to impose administrative penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law governs the operation of employee leasing companies, companies which, pursuant to an agreement with a client company, place certain employees of the client company on the payroll of the employee leasing company and lease those employees back to the client company for a fee. (NRS 616B.670-616B.697) Section 1.5 of this bill: (1) replaces the defined term employee leasing company with the term professional employer organization; and (2) includes within the definitions of client company and professional employer organization certain labor compliance services which a professional employer organization may provide.
Existing law prohibits a person from operating an employee leasing company in this State without obtaining a certificate of registration issued by the Administrator of the Division of Industrial Relations of the Department of Business and Industry. (NRS 616B.673) Section 2 of this bill: (1) prohibits a person from operating a professional employer organization without a license; and (2) transfers the duty to issue a license from the Administrator to the Labor Commissioner.
Existing law requires an applicant for the issuance or renewal of a certificate of registration to operate an employee leasing company to submit to the Administrator a written application upon a form provided by the Administrator. (NRS 616B.676) Section 3 of this bill requires an applicant for a license to operate a professional employer organization to instead submit an application to the Labor Commissioner upon a form provided by the Labor Commissioner.
Existing law: (1) requires each application for a certificate of registration to operate an employee leasing company to include any information the Administrator requires; (2) requires an applicant to submit to the Administrator any change in the required application information; and (3) authorizes the Administrator to revoke the certificate of registration of an employee leasing company that fails to comply with certain requirements in existing law. (NRS 616B.679) Section 4 of this bill: (1) requires each application for a license to operate a professional employer organization to include certain information required by state law and the Labor Commissioner; (2) requires an applicant to submit to the Labor Commissioner any change in the required application information; and (3) transfers the authority to refuse to issue or revoke a license for a professional employer organization that fails to comply with the requirements in existing law to the Labor Commissioner. Section 4 of this bill also provides a professional employer organization with the right to appeal a decision by the Labor Commissioner to refuse to issue or revoke a license.
Existing law vests in the Administrator the authority to adopt regulations setting forth qualifications for an assurance organization to act on behalf of an employee leasing company in complying with certain requirements in existing law. (NRS 616B.693) Section 5 of this bill places the authority to adopt regulations setting forth qualifications for an assurance organization to act on behalf of a professional employer organization in complying with certain requirements in existing law with the Labor Commissioner.
κ2021 Statutes of Nevada, Page 1920 (CHAPTER 322, SB 55)κ
Existing law vests the authority to adopt regulations governing employee leasing companies with the Administrator. (NRS 616B.694) Section 6 of this bill places the authority to adopt regulations governing professional employer organizations with the Labor Commissioner and authorizes the Labor Commissioner to investigate compliance with or enforce applicable law and regulations that govern professional employer organizations.
Existing law authorizes an action for damages for a failure of an employee leasing company to comply with certain provisions of state law. (NRS 616B.697) Section 7 of this bill authorizes: (1) an action for damages for such a failure by a professional employer organization; and (2) the Labor Commissioner to impose an administrative penalty of not more than $5,000 for each such failure.
Existing law requires the Division of Industrial Relations of the Department of Business and Industry to determine whether an employee leasing company is entitled to a certificate of registration. (NRS 616A.465) Section 1 of this bill eliminates that requirement. However, the Division retains its authority in existing law relating to the enforcement of the obligation of professional employer organizations to provide workers compensation coverage for the employees they lease. (NRS 616B.692)
Sections 4.2-4.8, 8-15 and 19 of this bill make conforming changes to reflect the changes in terminology from employee leasing company to professional employer organization and registration or certificate of registration to license. (NRS 363C.210, 616B.685, 616B.688, 616B.691, 616B.692, 616C.010, 616D.120, 689C.015, 689C.065, 689C.066, 689C.111, 689C.425)
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 616A.465 is hereby amended to read as follows:
616A.465 1. Except as otherwise provided in this section, the Division shall:
(a) Regulate insurers pursuant to chapters 616A to 617, inclusive, of NRS;
(b) Investigate insurers regarding compliance with statutes and the Divisions regulations; and
(c) [Determine whether an employee leasing company is entitled to a certificate of registration pursuant to NRS 616B.673; and
(d)] Regulate [employee leasing companies] professional employer organizations pursuant to the provisions of NRS [616B.670 to 616B.697, inclusive.] 616B.692.
2. The Commissioner is responsible for reviewing rates, investigating the solvency of insurers, authorizing private carriers pursuant to chapter 680A of NRS and certifying:
(a) Self-insured employers pursuant to NRS 616B.300 to 616B.330, inclusive, and 616B.336;
(b) Associations of self-insured public or private employers pursuant to NRS 616B.350 to 616B.446, inclusive; and
(c) Third-party administrators pursuant to chapter 683A of NRS.
3. The Department of Administration is responsible for contested claims relating to industrial insurance pursuant to NRS 616C.310 to 616C.385, inclusive. The Administrator is responsible for administrative appeals pursuant to NRS 616B.215.
κ2021 Statutes of Nevada, Page 1921 (CHAPTER 322, SB 55)κ
4. The Nevada Attorney for Injured Workers is responsible for legal representation of claimants pursuant to NRS 616A.435 to 616A.460, inclusive, and 616D.120.
5. The Division is responsible for the investigation of complaints. If a complaint is filed with the Division, the Administrator shall cause to be conducted an investigation which includes a review of relevant records and interviews of affected persons. If the Administrator determines that a violation may have occurred, the Administrator shall proceed in accordance with the provisions of NRS 616D.120 and 616D.130.
6. As used in this section, [employee leasing company] professional employer organization has the meaning ascribed to it in NRS 616B.670.
Sec. 1.5. NRS 616B.670 is hereby amended to read as follows:
616B.670 As used in NRS 616B.670 to 616B.697, inclusive, unless the context otherwise requires:
1. Applicant means a person seeking a [certificate of registration] license pursuant to NRS 616B.670 to 616B.697, inclusive, to operate [an employee leasing company.] a professional employer organization.
2. Client company means a company which [leases] :
(a) Utilizes a professional employer organization, for a fee, to provide labor compliance services, including, without limitation, the management of human resources, employee benefits, payroll and workers compensation; or
(b) Leases employees, for a fee, from [an employee leasing company] a professional employer organization pursuant to a written or oral agreement.
3. [Employee leasing company means a company which, pursuant to a written or oral agreement intended by the parties to create an ongoing relationship, places any of the regular, full-time employees of a client company on its payroll and, for a fee, leases them to the client company.
4.] Ongoing relationship means a relationship wherein the rights, duties and obligations of an employer which arise out of an employment relationship are allocated between the [employee leasing company] professional employer organization and the client company on an ongoing, long-term basis. The term does not include a temporary or project-specific agreement between [an employee leasing company] a professional employer organization and a client company.
4. Professional employer organization means a company which, pursuant to a written or oral agreement intended by the parties to create an ongoing relationship:
(a) Provides labor compliance services for a fee, including, without limitation, the management of human resources, employee benefits, payroll and workers compensation; or
(b) Places any of the regular, full-time employees of a client company on its payroll and, for a fee, leases them to the client company.
Sec. 2. NRS 616B.673 is hereby amended to read as follows:
616B.673 1. A person shall not operate [an employee leasing company] a professional employer organization in this State unless the person has complied with the provisions of NRS 616B.670 to 616B.697, inclusive. The [Administrator] Labor Commissioner shall issue a [certificate of registration] license to each applicant who complies with the provisions of NRS 616B.670 to 616B.697, inclusive.
2. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.
κ2021 Statutes of Nevada, Page 1922 (CHAPTER 322, SB 55)κ
3. Each [certificate of registration] license issued by the [Administrator] Labor Commissioner pursuant to NRS 616B.670 to 616B.697, inclusive, expires 1 year after it is issued unless renewed before that date.
Sec. 3. NRS 616B.676 is hereby amended to read as follows:
616B.676 An applicant for the issuance or renewal of a [certificate of registration] license must submit to the [Administrator] Labor Commissioner a written application upon a form provided by the [Administrator.] Labor Commissioner.
Sec. 4. NRS 616B.679 is hereby amended to read as follows:
616B.679 1. Each application must include:
(a) The applicants name and title of his or her position with the [employee leasing company.] professional employer organization.
(b) The applicants age, place of birth and social security number.
(c) The applicants address.
(d) The business address of the [employee leasing company.] professional employer organization.
(e) The business address of the registered agent of the [employee leasing company,] professional employer organization, if the applicant is not the registered agent.
(f) If the applicant is a:
(1) Partnership, the name of the partnership and the name, address, age, social security number and title of each partner.
(2) Corporation, the name of the corporation and the name, address, age, social security number and title of each officer of the corporation.
(g) Proof of:
(1) Compliance with the provisions of chapter 76 of NRS.
(2) The payment of any premiums for industrial insurance required by chapters 616A to 617, inclusive, of NRS [.] and compliance with NRS 616B.692.
(3) The payment of contributions or payments in lieu of contributions required by chapter 612 of NRS.
(4) Insurance coverage for any benefit plan from an insurer authorized pursuant to title 57 of NRS that is offered by the [employee leasing company] professional employer organization to its employees.
(h) A financial statement of the applicant setting forth the financial condition of the [employee leasing company.] professional employer organization. Except as otherwise provided in subsection 5, the financial statement must include, without limitation:
(1) For an application for issuance of a [certificate of registration,] license, the most recent audited financial statement that includes the applicant, which must have been completed not more than 13 months before the date of application; or
(2) For an application for renewal of a [certificate of registration,] license, an audited financial statement that includes the applicant and which must have been completed not more than 180 days after the end of the applicants fiscal year.
(i) [A registration] An issuance or renewal fee of $500.
(j) Any other information the [Administrator] Labor Commissioner requires.
2. Each application must be notarized and signed under penalty of perjury:
κ2021 Statutes of Nevada, Page 1923 (CHAPTER 322, SB 55)κ
(a) If the applicant is a sole proprietorship, by the sole proprietor.
(b) If the applicant is a partnership, by each partner.
(c) If the applicant is a corporation, by each officer of the corporation.
3. An applicant shall submit to the [Administrator] Labor Commissioner any change in the information required by this section within 30 days after the change occurs. The [Administrator] Labor Commissioner may refuse to issue a license to or revoke the [certificate of registration] license of [an employee leasing company] a professional employer organization which fails to comply with the provisions of NRS 616B.670 to 616B.697, inclusive. If the Labor Commissioner refuses to issue or revokes a license pursuant to this subsection, the professional employer organization has the right to appeal the decision of the Labor Commissioner.
4. If an insurer cancels [an employee leasing companys] a professional employer organizations policy, the insurer shall immediately notify the [Administrator] Labor Commissioner in writing. The notice must comply with the provisions of NRS 687B.310 to 687B.355, inclusive, and must be served personally on or sent by first-class mail or electronic transmission to the [Administrator.] Labor Commissioner.
5. A financial statement submitted with an application pursuant to this section must be prepared in accordance with generally accepted accounting principles, must be audited by an independent certified public accountant certified or licensed to practice in the jurisdiction in which the accountant is located and must be without qualification as to the status of the [employee leasing company] professional employer organization as a going concern. Except as otherwise provided in subsection 6, [an employee leasing company] a professional employer organization that has not had sufficient operating history to have an audited financial statement based upon at least 12 months of operating history must present financial statements reviewed by a certified public accountant covering its entire operating history. The financial statements must be prepared not more than 13 months before the submission of an application and must:
(a) Demonstrate, in the statement, positive working capital, as defined by generally accepted accounting principles, for the period covered by the financial statements; or
(b) Be accompanied by a bond, irrevocable letter of credit or securities with a minimum market value equaling the maximum deficiency in working capital for the period covered by the financial statements plus $100,000. The bond, irrevocable letter of credit or securities must be held by a depository institution designated by the [Administrator] Labor Commissioner to secure payment by the applicant of all taxes, wages, benefits or other entitlements payable by the applicant.
6. An applicant required to submit a financial statement pursuant to this section may submit a consolidated or combined audited financial statement that includes, but is not exclusive to, the applicant.
Sec. 4.2. NRS 616B.685 is hereby amended to read as follows:
616B.685 If a person operates [an employee leasing company] a professional employer organization and a temporary employment service in this State, the person:
1. Shall maintain separate payroll records for the [company] organization and the service. The records must be maintained in this State.
κ2021 Statutes of Nevada, Page 1924 (CHAPTER 322, SB 55)κ
2. Shall not maintain a policy of workers compensation insurance which covers both employees of the [employee leasing company] professional employer organization and employees of the temporary employment service.
Sec. 4.4. NRS 616B.688 is hereby amended to read as follows:
616B.688 The employment relationship with workers provided by [an employee leasing company] a professional employer organization to a client company must be established by written agreement between the [employee leasing company] professional employer organization and the client company. The [employee leasing company] professional employer organization shall give written notice of the employment relationship to each leased employee assigned to perform services for the client company.
Sec. 4.6. NRS 616B.691 is hereby amended to read as follows:
616B.691 1. A client company of [an employee leasing company] a professional employer organization as defined in NRS 616B.670 shall be deemed to be the employer of the employees it leases for the purposes of chapter 612 of NRS.
2. [An employee leasing company] A professional employer organization shall be deemed to be an employer of its leased employees for the purposes of offering, sponsoring and maintaining any benefit plans. The provisions of this subsection do not affect the employer-employee relationship that exists between a leased employee and a client company.
3. [An employee leasing company] A professional employer organization shall not offer, sponsor or maintain for its leased employees any self-funded insurance program. [An employee leasing company] A professional employer organization shall not act as a self-insured employer or be a member of an association of self-insured public or private employers pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS or title 57 of NRS.
4. If [an employee leasing company] a professional employer organization fails to:
(a) Pay any contributions, premiums, forfeits or interest due; or
(b) Submit any reports or other information required,
Κ pursuant to this chapter or chapter 616A, 616C, 616D or 617 of NRS, the client company is jointly and severally liable for the contributions, premiums, forfeits or interest attributable to the wages of the employees leased to it by the [employee leasing company.] professional employer organization.
Sec. 4.8. NRS 616B.692 is hereby amended to read as follows:
616B.692 1. [An employee leasing company] A professional employer organization may satisfy its obligation to provide coverage for workers compensation for the employees that the [employee leasing company] professional employer organization leases to each client company by:
(a) Confirming that the client company has obtained a policy of workers compensation insurance directly from an insurer, and maintains that policy, which covers all of the employees of the client company, including, without limitation, the employees leased from the [employee leasing company,] professional employer organization, subject to the same requirements and conditions as if the client company were the sole employer of the leased employees for the purpose of providing coverage for workers compensation;
κ2021 Statutes of Nevada, Page 1925 (CHAPTER 322, SB 55)κ
(b) Confirming that the client company is a member of an association of self-insured employers which is certified by the Commissioner and which has assumed responsibility, and maintains responsibility, for covering all of the employees of the client company, including, without limitation, the employees leased from the [employee leasing company,] professional employer organization, subject to the same requirements and conditions as if the client company were the sole employer of the leased employees for the purpose of providing coverage for workers compensation;
(c) Confirming that the client company is certified by the Commissioner as a self-insured employer which self-insures all of the employees of the client company, including, without limitation, the employees leased from the [employee leasing company,] professional employer organization, subject to the same requirements and conditions as if the client company were the sole employer of the leased employees for the purpose of providing coverage for workers compensation;
(d) Obtaining a policy of workers compensation insurance directly from an insurer on a multiple coordinated policy basis, and maintaining that policy, which covers all of the employees leased to the client company or all of the employees leased to the client company and other client companies affiliated with the client company such that:
(1) The policy covers the liability of both the [employee leasing company] professional employer organization and the client company or companies for payments required by chapters 616A to 616D, inclusive, or chapter 617 of NRS;
(2) A separate policy is issued to or on behalf of each client company or group of affiliated client companies under the multiple coordinated policy; and
(3) The [employee leasing company] professional employer organization controls payments and communications related to the policy; or
(e) Obtaining a policy of workers compensation insurance on a master policy basis directly from an insurer, and maintaining that policy, which:
(1) Covers some or all of the employees of the [employee leasing company] professional employer organization who are leased to one or more client companies; and
(2) May cover all of the employees of the [employee leasing company] professional employer organization who work directly for the [employee leasing company] professional employer organization and are not leased to any client company.
2. With respect to a policy of workers compensation insurance described in paragraph (a) of subsection 1:
(a) The policy may name the [employee leasing company] professional employer organization as an additional insured; and
(b) If the [employee leasing company] professional employer organization is licensed as a producer of insurance pursuant to NRS 683A.261 and is authorized by the insurer, the [employee leasing company] professional employer organization may negotiate coverage, collect premiums on behalf of the insurer and otherwise act as an intermediary with respect to the policy.
3. If [an employee leasing company] a professional employer organization or a client company maintains a policy of workers compensation insurance which provides coverage for leased employees, each insurer insuring leased employees shall report to the Advisory Organization, as defined in NRS 686B.1752:
κ2021 Statutes of Nevada, Page 1926 (CHAPTER 322, SB 55)κ
insurer insuring leased employees shall report to the Advisory Organization, as defined in NRS 686B.1752:
(a) Payroll and claims data for each client company in a manner that identifies both the client company and the [employee leasing company;] professional employer organization; and
(b) The status of coverage with respect to each client company in accordance with any applicable requirements regarding proof of coverage.
4. If the services that [an employee leasing company] a professional employer organization offers to a client company do not include obtaining and maintaining a policy of workers compensation insurance for the employees which the [employee leasing company] professional employer organization will lease to the client company, the [employee leasing company] professional employer organization shall:
(a) Before entering into an agreement with the client company to provide services as [an employee leasing company,] a professional employer organization, provide written notice to the client company that the client company will remain responsible for providing coverage for workers compensation for all of the employees of the client company, including, without limitation, the employees leased from the [employee leasing company;] professional employer organization; and
(b) In the written agreement with the client company to provide services as [an employee leasing company,] a professional employer organization, clearly set forth the responsibility of the client company to provide coverage for workers compensation for all of the employees of the client company, including, without limitation, the employees leased from the [employee leasing company.] professional employer organization.
5. If [an employee leasing company] a professional employer organization offers to provide coverage for workers compensation for the employees that the [employee leasing company] professional employer organization leases to a client company in accordance with paragraph (d) or (e) of subsection 1:
(a) The coverage for workers compensation must not take effect until the client company executes the written agreement required by NRS 616B.688 between the [employee leasing company] professional employer organization and the client company; and
(b) The written agreement required by NRS 616B.688 between the [employee leasing company] professional employer organization and the client company must:
(1) Explain that coverage for workers compensation does not take effect until the effective date designated by the insurer in the policy of workers compensation insurance;
(2) Provide that, while the policy of workers compensation insurance is in force, the [employee leasing company] professional employer organization will pay all premiums required by the policy, including, without limitation, any adjustments or assessments, and will be entitled to any refunds of premiums;
(3) Set forth the procedures by which the client company or the [employee leasing company] professional employer organization may terminate the agreement and any fees or costs payable upon termination;
(4) Provide that, except as otherwise provided by law, all services provided by the [employee leasing company] professional employer organization to the client company will cease immediately on the effective date of any termination of the agreement;
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organization to the client company will cease immediately on the effective date of any termination of the agreement;
(5) Provide that the insurer from whom the policy of workers compensation insurance is obtained by the [employee leasing company] professional employer organization has the right to inspect the premises and records of the client company;
(6) Provide that the loss experience of the client company will continue to be reported in the name of the client company to the Commissioner and will be available to subsequent insurers upon request;
(7) Provide that the policy of workers compensation insurance covers only those employees acknowledged in writing by the [employee leasing company] professional employer organization to be employees of the [employee leasing company] professional employer organization who are being leased to the client company;
(8) Explain that the client company is responsible at all times for providing coverage for workers compensation for any employees of the client company who are not leased from the [employee leasing company;] professional employer organization; and
(9) Provide that the client company must provide satisfactory evidence of the coverage required by subparagraph (8) to the insurer from whom the policy of workers compensation insurance is obtained by the [employee leasing company.] professional employer organization.
6. Nothing in this section prohibits the employees of [an employee leasing company] a professional employer organization who are leased to one or more client companies from being considered as a group for the purposes of any eligibility for dividends, discounts on premiums, rating arrangements or options or obtaining policies with large deductibles.
7. The exclusive remedy provided by NRS 616A.020 applies to the [employee leasing company,] professional employer organization, the client company and to all employees of the client company, including, without limitation, the employees leased from the [employee leasing company,] professional employer organization, whether the [employee leasing company] professional employer organization or the client company provides the coverage for workers compensation.
8. The Administrator and the Commissioner may adopt regulations to carry out the provisions of this section.
9. As used in this section:
(a) Client company has the meaning ascribed to it in NRS 616B.670.
(b) Professional employer organization has the meaning ascribed to it in NRS 616B.670.
Sec. 5. NRS 616B.693 is hereby amended to read as follows:
616B.693 1. The [Administrator] Labor Commissioner may adopt regulations authorizing and setting forth qualifications for an assurance organization selected by [an employee leasing company] a professional employer organization to act on behalf of the [employee leasing company] professional employer organization in complying with the requirements of NRS 616B.670 to 616B.697, inclusive, and any regulations adopted pursuant thereto, including, without limitation, any requirements regarding obtaining or renewing a [certificate of registration.] license. Such an assurance organization must be independent of the [employee leasing company] professional employer organization and approved by the [Administrator.] Labor Commissioner.
κ2021 Statutes of Nevada, Page 1928 (CHAPTER 322, SB 55)κ
2. Nothing in this section or any regulations adopted pursuant thereto:
(a) Limits or otherwise affects the authority of the [Administrator] Labor Commissioner to issue or revoke a [certificate of registration] license of [an employee leasing company] a professional employer organization subject to the appeals process;
(b) Limits or otherwise affects the authority of the [Administrator] Labor Commissioner to investigate compliance with or enforce any provision of NRS 616B.670 to 616B.697, inclusive, and any regulations adopted pursuant thereto; or
(c) Requires [an employee leasing company] a professional employer organization to authorize an assurance organization to act on its behalf.
3. As used in this section, assurance organization means a person who meets the qualifications set forth by the [Administrator] Labor Commissioner pursuant to regulations adopted pursuant to subsection 1.
Sec. 6. NRS 616B.694 is hereby amended to read as follows:
616B.694 The [Administrator] Labor Commissioner:
1. Shall administer the provisions of NRS 616B.670 to 616B.697, inclusive, and may adopt reasonable regulations to carry out [the] those provisions . [of NRS 616B.670 to 616B.697, inclusive.]
2. May investigate compliance with or enforce any provision of NRS 616B.670 to 616B.697, inclusive, and any regulations adopted pursuant thereto.
Sec. 7. NRS 616B.697 is hereby amended to read as follows:
616B.697 1. An action for damages caused by the failure of [an employee leasing company] a professional employer organization to comply with the provisions of NRS 616B.670 to 616B.697, inclusive, may be brought against any person who is required to sign the application for a [certificate of registration] license for the [employee leasing company.] professional employer organization.
2. In addition to any other remedy or penalty prescribed by law, the Labor Commissioner may impose against the person an administrative penalty of not more than $5,000 for each such failure.
Sec. 8. NRS 616C.010 is hereby amended to read as follows:
616C.010 1. Whenever any accident occurs to any employee, the employee shall forthwith report the accident and the injury resulting therefrom to his or her employer.
2. When an employer learns of an accident, whether or not it is reported, the employer may direct the employee to submit to, or the employee may request, an examination by a physician or chiropractor, in order to ascertain the character and extent of the injury and render medical attention which is required immediately. The employer shall:
(a) If the employers insurer has entered into a contract with an organization for managed care or with providers of health care pursuant to NRS 616B.527, furnish the names, addresses and telephone numbers of:
(1) Two or more physicians or chiropractors who are qualified to conduct the examination and who are available pursuant to the terms of the contract, if there are two or more such physicians or chiropractors within 30 miles of the employees place of employment; or
(2) One or more physicians or chiropractors who are qualified to conduct the examination and who are available pursuant to the terms of the contract, if there are not two or more such physicians or chiropractors within 30 miles of the employees place of employment.
κ2021 Statutes of Nevada, Page 1929 (CHAPTER 322, SB 55)κ
(b) If the employers insurer has not entered into a contract with an organization for managed care or with providers of health care pursuant to NRS 616B.527, furnish the names, addresses and telephone numbers of:
(1) Two or more physicians or chiropractors who are qualified to conduct the examination, if there are two or more such physicians or chiropractors within 30 miles of the employees place of employment; or
(2) One or more physicians or chiropractors who are qualified to conduct the examination, if there are not two or more such physicians or chiropractors within 30 miles of the employees place of employment.
3. From among the names furnished by the employer pursuant to subsection 2, the employee shall select one of those physicians or chiropractors to conduct the examination, but the employer shall not require the employee to select a particular physician or chiropractor from among the names furnished by the employer. Thereupon, the examining physician or chiropractor shall report forthwith to the employer and to the insurer the character and extent of the injury. The employer shall not require the employee to disclose or permit the disclosure of any other information concerning the employees physical condition except as required by NRS 616C.177.
4. Further medical attention, except as otherwise provided in NRS 616C.265, must be authorized by the insurer.
5. This section does not prohibit an employer from requiring the employee to submit to an examination by a physician or chiropractor specified by the employer at any convenient time after medical attention which is required immediately has been completed.
6. [An employee leasing company] A professional employer organization must provide to each employee covered under an employee leasing contract instructions on how to notify the [leasing company supervisor and] client company and the employees supervisor at the professional employer organization of an injury in plain, clear language placed in conspicuous type in a specifically labeled area of instructions given to the employee.
Sec. 9. NRS 616D.120 is hereby amended to read as follows:
616D.120 1. Except as otherwise provided in this section, if the Administrator determines that an insurer, organization for managed care, health care provider, third-party administrator, employer or [employee leasing company] professional employer organization has:
(a) Induced a claimant to fail to report an accidental injury or occupational disease;
(b) Without justification, persuaded a claimant to:
(1) Settle for an amount which is less than reasonable;
(2) Settle for an amount which is less than reasonable while a hearing or an appeal is pending; or
(3) Accept less than the compensation found to be due the claimant by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 617, inclusive, of NRS;
(c) Refused to pay or unreasonably delayed payment to a claimant of compensation or other relief found to be due the claimant by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the refusal or delay occurs:
κ2021 Statutes of Nevada, Page 1930 (CHAPTER 322, SB 55)κ
agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the refusal or delay occurs:
(1) Later than 10 days after the date of the settlement agreement or stipulation;
(2) Later than 30 days after the date of the decision of a court, hearing officer, appeals officer or the Division, unless a stay has been granted; or
(3) Later than 10 days after a stay of the decision of a court, hearing officer, appeals officer or the Division has been lifted;
(d) Refused to process a claim for compensation pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;
(e) Made it necessary for a claimant to initiate proceedings pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for compensation or other relief found to be due the claimant by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;
(f) Failed to comply with the Divisions regulations covering the payment of an assessment relating to the funding of costs of administration of chapters 616A to 617, inclusive, of NRS;
(g) Failed to provide or unreasonably delayed payment to an injured employee or reimbursement to an insurer pursuant to NRS 616C.165;
(h) Engaged in a pattern of untimely payments to injured employees; or
(i) Intentionally failed to comply with any provision of, or regulation adopted pursuant to, this chapter or chapter 616A, 616B, 616C or 617 of NRS,
Κ the Administrator shall impose an administrative fine of $1,500 for each initial violation, or a fine of $15,000 for a second or subsequent violation.
2. Except as otherwise provided in chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the Administrator determines that an insurer, organization for managed care, health care provider, third-party administrator, employer or [employee leasing company] professional employer organization has failed to comply with any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, the Administrator may take any of the following actions:
(a) Issue a notice of correction for:
(1) A minor violation, as defined by regulations adopted by the Division; or
(2) A violation involving the payment of compensation in an amount which is greater than that required by any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto.
Κ The notice of correction must set forth with particularity the violation committed and the manner in which the violation may be corrected. The provisions of this section do not authorize the Administrator to modify or negate in any manner a determination or any portion of a determination made by a hearing officer, appeals officer or court of competent jurisdiction or a provision contained in a written settlement agreement or written stipulation.
(b) Impose an administrative fine for:
κ2021 Statutes of Nevada, Page 1931 (CHAPTER 322, SB 55)κ
(1) A second or subsequent violation for which a notice of correction has been issued pursuant to paragraph (a); or
(2) Any other violation of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, for which a notice of correction may not be issued pursuant to paragraph (a).
Κ The fine imposed must not be greater than $375 for an initial violation, or more than $3,000 for any second or subsequent violation.
(c) Order a plan of corrective action to be submitted to the Administrator within 30 days after the date of the order.
3. If the Administrator determines that a violation of any of the provisions of paragraphs (a) to (e), inclusive, (h) or (i) of subsection 1 has occurred, the Administrator shall order the insurer, organization for managed care, health care provider, third-party administrator, employer or [employee leasing company] professional employer organization to pay to the claimant a benefit penalty:
(a) Except as otherwise provided in paragraph (b), in an amount that is not less than $5,000 and not greater than $50,000; or
(b) Of $3,000 if the violation involves a late payment of compensation or other relief to a claimant in an amount which is less than $500 or which is not more than 14 days late.
4. To determine the amount of the benefit penalty, the Administrator shall consider the degree of physical harm suffered by the injured employee or the dependents of the injured employee as a result of the violation of paragraph (a), (b), (c), (d), (e), (h) or (i) of subsection 1, the amount of compensation found to be due the claimant and the number of fines and benefit penalties, other than a benefit penalty described in paragraph (b) of subsection 3, previously imposed against the insurer, organization for managed care, health care provider, third-party administrator, employer or [employee leasing company] professional employer organization pursuant to this section. The Administrator shall also consider the degree of economic harm suffered by the injured employee or the dependents of the injured employee as a result of the violation of paragraph (a), (b), (c), (d), (e), (h) or (i) of subsection 1. Except as otherwise provided in this section, the benefit penalty is for the benefit of the claimant and must be paid directly to the claimant within 10 days after the date of the Administrators determination. If the claimant is the injured employee and the claimant dies before the benefit penalty is paid to him or her, the benefit penalty must be paid to the estate of the claimant. Proof of the payment of the benefit penalty must be submitted to the Administrator within 10 days after the date of the Administrators determination unless an appeal is filed pursuant to NRS 616D.140. Any compensation to which the claimant may otherwise be entitled pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS must not be reduced by the amount of any benefit penalty received pursuant to this subsection. To determine the amount of the benefit penalty in cases of multiple violations occurring within a certain period of time, the Administrator shall adopt regulations which take into consideration:
(a) The number of violations within a certain number of years for which a benefit penalty was imposed; and
(b) The number of claims handled by the insurer, organization for managed care, health care provider, third-party administrator, employer or [employee leasing company] professional employer organization in relation to the number of benefit penalties previously imposed within the period of time prescribed pursuant to paragraph (a).
κ2021 Statutes of Nevada, Page 1932 (CHAPTER 322, SB 55)κ
to the number of benefit penalties previously imposed within the period of time prescribed pursuant to paragraph (a).
5. In addition to any fine or benefit penalty imposed pursuant to this section, the Administrator may assess against an insurer who violates any regulation concerning the reporting of claims expenditures or premiums received that are used to calculate an assessment an administrative penalty of up to twice the amount of any underpaid assessment.
6. If:
(a) The Administrator determines that a person has violated any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive; and
(b) The Fraud Control Unit for Industrial Insurance of the Office of the Attorney General established pursuant to NRS 228.420 notifies the Administrator that the Unit will not prosecute the person for that violation,
Κ the Administrator shall impose an administrative fine of not more than $15,000.
7. Two or more fines of $1,000 or more imposed in 1 year for acts enumerated in subsection 1 must be considered by the Commissioner as evidence for the withdrawal of:
(a) A certificate to act as a self-insured employer.
(b) A certificate to act as an association of self-insured public or private employers.
(c) A certificate of registration as a third-party administrator.
8. The Commissioner may, without complying with the provisions of NRS 616B.327 or 616B.431, withdraw the certification of a self-insured employer, association of self-insured public or private employers or third-party administrator if, after a hearing, it is shown that the self-insured employer, association of self-insured public or private employers or third-party administrator violated any provision of subsection 1.
9. If the Administrator determines that a vocational rehabilitation counselor has violated the provisions of NRS 616C.543, the Administrator may impose an administrative fine on the vocational rehabilitation counselor of not more than $250 for a first violation, $500 for a second violation and $1,000 for a third or subsequent violation.
10. The Administrator may make a claim against the bond required pursuant to NRS 683A.0857 for the payment of any administrative fine or benefit penalty imposed for a violation of the provisions of this section.
Sec. 10. NRS 363C.210 is hereby amended to read as follows:
363C.210 1. In computing the commerce tax owed by a business entity pursuant to this chapter, the business entity is entitled to deduct from its gross revenue the following amounts, to the extent such amounts are included in gross revenue of the business entity:
(a) Any gross revenue which this State is prohibited from taxing pursuant to the Constitution or laws of the United States or the Nevada Constitution.
(b) Any gross revenue of the business entity attributable to dividends and interest upon any bonds or securities of the Federal Government, the State of Nevada or a political subdivision of this State.
(c) If a business entity is required to pay a license fee pursuant to NRS 463.370, the amount of its gross receipts used to determine the amount of that fee.
κ2021 Statutes of Nevada, Page 1933 (CHAPTER 322, SB 55)κ
(d) If the business entity is required to pay a tax on the net proceeds from mineral extraction and royalties subject to the excise tax pursuant to the provisions of NRS 362.100 to 362.240, inclusive, the amount of the gross proceeds used to determine the amount of that tax.
(e) If the business entity is required to pay the tax imposed by chapter 369 of NRS, an amount equal to the amount of the excise tax paid pursuant to that chapter by the business entity.
(f) If the business entity is required to pay the tax imposed pursuant to chapter 680B of NRS:
(1) The amount of the total income derived from direct premiums written and all other considerations for insurance, bail or annuity contracts used to determine the amount of the tax imposed pursuant to chapter 680B of NRS;
(2) Any amounts excluded from total income derived from direct premiums pursuant to NRS 680B.025; and
(3) Gross premiums upon policies on risks located in this State received by a factory mutual and amounts deducted from such gross premiums to determine the amount of the tax imposed by NRS 680B.027 upon the factory mutual pursuant to NRS 680B.033.
(g) If the business entity is required to pay the tax imposed pursuant to NRS 694C.450, the amount of the net direct premiums, as defined in that section, used to determine the amount of that tax.
(h) If the business entity is required to pay the tax imposed pursuant to NRS 685A.180, the amount of the premiums, as defined in that section, used to determine the amount of that tax.
(i) Except as otherwise provided by paragraph (j), the total amount of payments received by a health care provider:
(1) From Medicaid, Medicare, the Childrens Health Insurance Program, the Fund for Hospital Care to Indigent Persons created pursuant to NRS 428.175 or TRICARE;
(2) For professional services provided in relation to a workers compensation claim; and
(3) For the actual cost to the health care provider for any uncompensated care provided by the health care provider, except that if the health care provider later receives payment for all or part of that care, the health care provider must include the amount of the payment in his or her gross receipts for the calendar quarter in which the payment is received.
(j) If the business entity is engaging in a business in this State as a health care provider that is a health care institution, an amount equal to 50 percent of the amounts described in paragraph (i) that are received by the health care institution.
(k) If the business entity is engaging in business in this State as [an employee leasing company,] a professional employer organization, the amount of any payments received from a client company for wages, payroll taxes on those wages, employee benefits and workers compensation benefits for employees leased to the client company.
(l) The amount of any pass-through revenue of the business entity.
(m) The tax basis of securities and loans sold by the business entity, as determined for the purposes of federal income taxation.
(n) The amount of revenue received by the business entity that is directly derived from the operation of a facility that is:
κ2021 Statutes of Nevada, Page 1934 (CHAPTER 322, SB 55)κ
(1) Located on property owned or leased by the Federal Government; and
(2) Managed or operated primarily to house members of the Armed Forces of the United States.
(o) Interest income other than interest on credit sales.
(p) Dividends and distributions from corporations, and distributive or proportionate shares of receipts and income from a pass-through entity.
(q) Receipts from the sale, exchange or other disposition of an asset described in section 1221 or 1231 of the Internal Revenue Code, 26 U.S.C. § 1221 or 1231, without regard to the length of time the business entity held the asset.
(r) Receipts from a hedging transaction, as defined in section 1221 of the Internal Revenue Code, 26 U.S.C. § 1221, or a transaction accorded hedge accounting treatment under Statement No. 133 of the Financial Accounting Standards Board, Accounting for Derivative Instruments and Hedging Activities, to the extent the transaction is entered into primarily to protect a financial position, including, without limitation, managing the risk of exposure to foreign currency fluctuations that affect assets, liabilities, profits, losses, equity or investments in foreign operations, to interest rate fluctuations or to commodity price fluctuations. For the purposes of this paragraph, receipts from the actual transfer of title of real or tangible personal property to another business entity are not receipts from a hedging transaction or a transaction accorded hedge accounting treatment.
(s) Proceeds received by a business entity that are attributable to the repayment, maturity or redemption of the principal of a loan, bond, mutual fund, certificate of deposit or marketable instrument.
(t) The principal amount received under a repurchase agreement or on account of any transaction properly characterized as a loan.
(u) Proceeds received from the issuance of the business entitys own stock, options, warrants, puts or calls, from the sale of the business entitys treasury stock or as contributions to the capital of the business entity.
(v) Proceeds received on account of payments from insurance policies, except those proceeds received for the loss of business revenue.
(w) Damages received as a result of litigation in excess of amounts that, if received without litigation, would not have been included in the gross receipts of the business entity pursuant to this section.
(x) Bad debts expensed for the purposes of federal income taxation.
(y) Returns and refunds to customers.
(z) Amounts realized from the sale of an account receivable to the extent the receipts from the underlying transaction were included in the gross receipts of the business entity.
(aa) If the business entity owns an interest in a passive entity, the business entitys share of the net income of the passive entity, but only to the extent the net income of the passive entity was generated by the gross revenue of another business entity.
2. As used in this section:
(a) Childrens Health Insurance Program means the program established pursuant to 42 U.S.C. §§ 1397aa to 1397jj, inclusive, to provide health insurance for uninsured children from low-income families in this State.
(b) Client company has the meaning ascribed to it in NRS 616B.670.
κ2021 Statutes of Nevada, Page 1935 (CHAPTER 322, SB 55)κ
(c) [Employee leasing company has the meaning ascribed to it in NRS 616B.670.
(d)] Health care institution means:
(1) A medical facility as defined in NRS 449.0151; and
(2) A pharmacy as defined in NRS 639.012.
[(e)] (d) Health care provider means a business that receives any payments listed in paragraph (i) of subsection 1 as a provider of health care services, including, without limitation, mental health care services.
[(f)] (e) Medicaid means the program established pursuant to Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., to provide assistance for part or all of the cost of medical care rendered on behalf of indigent persons.
[(g)] (f) Medicare means the program of health insurance for aged persons and persons with disabilities established pursuant to Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq.
(g) Professional employer organization has the meaning ascribed to it in NRS 616B.670.
Sec. 11. Chapter 689C of NRS is hereby amended by adding thereto a new section to read as follows:
Professional employer organization has the meaning ascribed to it in NRS 616B.670.
Sec. 12. NRS 689C.015 is hereby amended to read as follows:
689C.015 Except as otherwise provided in this chapter, as used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 689C.017 to 689C.106, inclusive, and section 11 of this act have the meanings ascribed to them in those sections.
Sec. 13. NRS 689C.065 is hereby amended to read as follows:
689C.065 1. Eligible employee means a permanent employee who has a regular working week of 30 or more hours.
2. The term includes a sole proprietor, a partner of a partnership or an employee of [an employee leasing company,] a professional employer organization, if the sole proprietor, partner or employee of the [employee leasing company] professional employer organization is included as an employee under a health benefit plan of a small employer.
Sec. 14. NRS 689C.111 is hereby amended to read as follows:
689C.111 [An employee leasing company] A professional employer organization which has more than 50 employees, including leased employees at client locations, and which sponsors a fully insured health benefit plan for those employees shall be deemed to be a large employer for the purposes of this chapter.
Sec. 15. NRS 689C.425 is hereby amended to read as follows:
689C.425 A voluntary purchasing group and any contract issued to such a group pursuant to NRS 689C.360 to 689C.600, inclusive, are subject to the provisions of NRS 689C.015 to 689C.355, inclusive, and section 11 of this act to the extent applicable and not in conflict with the express provisions of NRS 687B.408 and 689C.360 to 689C.600, inclusive.
Sec. 16. A person who, on July 1, 2021:
1. Is the holder of a valid certificate of registration issued pursuant to NRS 616B.673, and who is otherwise qualified to hold such a certificate of registration on that date, shall be deemed to hold a license issued pursuant to that section, as amended by section 2 of this act.
κ2021 Statutes of Nevada, Page 1936 (CHAPTER 322, SB 55)κ
2. Has submitted an application for a certificate of registration pursuant to NRS 616B.676 shall be deemed to have submitted an application for a license pursuant to that section, as amended by section 3 of this act.
Sec. 17. 1. Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.
2. Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
3. Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.
Sec. 18. The Legislative Counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes:
(a) Appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
(b) Move the provisions of NRS 616B.670 to 616B.691, inclusive, and NRS 616B.693, 616B.694 and 616B.697, from chapter 616B of the Nevada Revised Statutes to chapter 611 of the Nevada Revised Statutes and appropriately change any internal references to reflect the change in location and numbering.
2. In preparing supplements to the Nevada Administrative Code:
(a) Appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
(b) Substitute appropriately the term professional employer organization for the term employee leasing company in the regulations described in section 17 of this act.
(c) Substitute appropriately the term license for the terms certificate of registration and registration in the regulations described in section 17 of this act.
Sec. 19. NRS 689C.066 is hereby repealed.
Sec. 20. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 1937κ
Senate Bill No. 68Committee on Government Affairs
CHAPTER 323
[Approved: June 3, 2021]
AN ACT relating to public financial administration; revising provisions governing the investment of certain money held by the State; increasing the maximum amount of money the State Treasurer is authorized to transfer from the State Permanent School Fund to a corporation for public benefit to provide private equity funding to certain businesses; revising provisions governing the guarantee of bonds of school districts with money from the State Permanent School Fund; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law generally prescribes the bonds and other securities that are proper and lawful investments of the States money and, with one exception, prohibits investment of such money in a reverse-repurchase agreement. (NRS 355.140) Section 1 of this bill eliminates the prohibition against investment of this money in a reverse-repurchase agreement. Section 1 authorizes the State Treasurer to invest such money in a reverse-repurchase agreement on the condition that: (1) the appointed custodian is only authorized to transfer the securities underlying the reverse-repurchase agreement at or after the time at which the money to pay the purchase price is transferred to the custodian; (2) the date on which the State commits to repurchase a security purchased by a counterparty or securities of the same issuer, description, issue date and maturity is not more than 90 days after the date on which the counterparty purchased the securities from the State; and (3) the money received by the appointed custodian is used by the State only to purchase securities whose maturity matches or is not longer than the term of the reverse-repurchase agreement.
Existing law charges the State Treasurer with the investment of the money in the State Permanent School Fund. (NRS 355.050) If there is a sufficient amount of uninvested money in the Fund, existing law requires the State Treasurer to negotiate for the investment of the money. However, the State Treasurer is prohibited under existing law from making certain investments unless he or she obtains a judicial determination that such an investment does not violate the prohibition in the Nevada Constitution against the State of Nevada donating or loaning state money or credit, or subscribing to or being interested in the stock of any company, association or corporation, except a corporation that is formed for educational or charitable purposes. (Nev. Const. Art. 8, § 9; NRS 355.060) Upon such a judicial determination, existing law authorizes the State Treasurer to transfer up to $50,000,000 from the State Permanent School Fund to a corporation for public benefit to provide private equity funding to businesses engaged in certain industries that are located or seeking to locate in Nevada. (NRS 355.270, 355.280) On April 20, 2011, the State Treasurer obtained a judicial determination that investment of money contained in the State Permanent School Fund in the common or preferred stock of a corporation did not violate Section 9 of Article 8 of the Nevada Constitution. (In re State Treasurer, No. 11 OC 00092 1B (Nev. First Jud. Dist. Ct. Apr. 20, 2011)) Section 2 of this bill increases the maximum amount of money the State Treasurer is authorized to transfer from the State Permanent School Fund to the corporation for public benefit to provide such private equity funding from $50,000,000 to $75,000,000.
κ2021 Statutes of Nevada, Page 1938 (CHAPTER 323, SB 68)κ
increases the maximum amount of money the State Treasurer is authorized to transfer from the State Permanent School Fund to the corporation for public benefit to provide such private equity funding from $50,000,000 to $75,000,000.
Existing law authorizes the board of trustees of a school district to apply to the State Treasurer for a guarantee agreement whereby money in the State Permanent School Fund may be used to guarantee the payment of the debt service on bonds to be issued by the school district. Under existing law, the State Treasurer is authorized to use money in the State Permanent School Fund to guarantee up to $40,000,000 in bonds issued by a school district at any one time. (NRS 387.516) Section 3 of this bill increases the maximum allowable amount of outstanding bonds of a school district that may be so guaranteed to $60,000,000.
Upon receipt of an application for such a guarantee agreement from a school district, existing law requires the State Treasurer to provide a copy of the application to the Executive Director of the Department of Taxation. The Executive Director is required under existing law to: (1) investigate the ability of the school district to make timely payments on the debt service of the bonds for which the guarantee is requested; and (2) submit a written report of the investigation to the State Board of Finance concerning the opinion of the Executive Director as to whether the school district has the ability to make timely payments on the debt service of the bonds. (NRS 387.516) Existing law prescribes certain conditions under which the State Treasurer is authorized to enter into the guarantee agreement, including a requirement that the State Board of Finance approve the report submitted to it by the Executive Director. (NRS 387.519) Section 4 of this bill makes an exception to the requirement that the State Board of Finance approve the report if: (1) the bonds proposed to be guaranteed are being issued solely to refund bonds that had been guaranteed in the same manner; and (2) the total principal and interest due in any year on the bonds proposed to be guaranteed does not exceed the total principal and interest due in that year on the bonds being refunded.
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 355.140 is hereby amended to read as follows:
355.140 1. In addition to other investments provided for by a specific statute, the following bonds and other securities are proper and lawful investments of any of the money of this state, of its various departments, institutions and agencies, and of the State Insurance Fund:
(a) Bonds and certificates of the United States;
(b) Bonds, notes, debentures and loans if they are underwritten by or their payment is guaranteed by the United States;
(c) Obligations or certificates of the United States Postal Service, the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Agricultural Mortgage Corporation, the Federal Home Loan Banks, the Federal Home Loan Mortgage Corporation or the Student Loan Marketing Association, whether or not guaranteed by the United States;
(d) Bonds of this state or other states of the Union;
(e) Bonds of any county of this state or of other states;
κ2021 Statutes of Nevada, Page 1939 (CHAPTER 323, SB 68)κ
(f) Bonds of incorporated cities in this state or in other states of the Union, including special assessment district bonds if those bonds provide that any deficiencies in the proceeds to pay the bonds are to be paid from the general fund of the incorporated city;
(g) General obligation bonds of irrigation districts and drainage districts in this state which are liens upon the property within those districts, if the value of the property is found by the board or commission making the investments to render the bonds financially sound over all other obligations of the districts;
(h) Bonds of school districts within this state;
(i) Bonds of any general improvement district whose population is 200,000 or more and which is situated in two or more counties of this state or of any other state, if:
(1) The bonds are general obligation bonds and constitute a lien upon the property within the district which is subject to taxation; and
(2) That property is of an assessed valuation of not less than five times the amount of the bonded indebtedness of the district;
(j) Medium-term obligations for counties, cities and school districts authorized pursuant to chapter 350 of NRS;
(k) Loans bearing interest at a rate determined by the State Board of Finance when secured by first mortgages on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances;
(l) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, excluding such money thereof as has been received or which may be received hereafter from the Federal Government or received pursuant to some federal law which governs the investment thereof;
(m) Negotiable certificates of deposit issued by commercial banks, insured credit unions, savings and loan associations or savings banks;
(n) Bankers acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve banks or trust companies which are members of the Federal Reserve System, except that acceptances may not exceed 180 days maturity, and may not, in aggregate value, exceed 20 percent of the total par value of the portfolio as determined at the time of purchase;
(o) Commercial paper issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States that:
κ2021 Statutes of Nevada, Page 1940 (CHAPTER 323, SB 68)κ
(1) At the time of purchase has a remaining term to maturity of not more than 270 days; and
(2) Is rated by a nationally recognized rating service as A-1, P-1 or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 25 percent of the total par value of the portfolio as determined at the time of purchase. If the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, the State Treasurer shall take such action as he or she deems appropriate to preserve the principal value and integrity of the portfolio as a whole and report to the State Board of Finance any action taken by the State Treasurer pursuant to this paragraph;
(p) Notes, bonds and other unconditional obligations for the payment of money, except certificates of deposit that do not qualify pursuant to paragraph (m), issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any state and operating in the United States that:
(1) Are purchased from a registered broker-dealer;
(2) At the time of purchase have a remaining term to maturity of not more than 5 years; and
(3) Are rated by a nationally recognized rating service as A or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 25 percent of the total par value of the portfolio as determined at the time of purchase. If the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, the State Treasurer shall take such action as he or she deems appropriate to preserve the principal value and integrity of the portfolio as a whole and report to the State Board of Finance any action taken by the State Treasurer pursuant to this paragraph;
(q) A bond, note or other obligation issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, the International Finance Corporation or the Inter-American Development Bank that:
(1) Is denominated in United States dollars;
(2) Is a senior unsecured unsubordinated obligation;
(3) At the time of purchase has a remaining term to maturity of 5 years or less; and
(4) Is rated by a nationally recognized rating service as AA or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 15 percent of the total par value of the portfolio as determined at the time of purchase;
(r) A bond, note or other obligation publicly issued in the United States by a foreign financial institution, corporation or government that:
(1) Is denominated in United States dollars;
(2) Is a senior unsecured unsubordinated obligation;
(3) Is registered with the Securities and Exchange Commission in accordance with the provisions of the Securities Act of 1933, 15 U.S.C. §§ 77a et seq., as amended;
κ2021 Statutes of Nevada, Page 1941 (CHAPTER 323, SB 68)κ
(4) Is publicly traded;
(5) Is purchased from a registered broker-dealer;
(6) At the time of purchase has a remaining term to maturity of 5 years or less; and
(7) Is rated by a nationally recognized rating service as AA or its equivalent, or better,
Κ except that investment pursuant to this paragraph may not, in aggregate value, exceed 10 percent of the total par value of the portfolio as determined at the time of purchase;
(s) Money market mutual funds which:
(1) Are registered with the Securities and Exchange Commission;
(2) Are rated by a nationally recognized rating service as AAA or its equivalent; and
(3) Invest only in securities issued by the Federal Government or agencies of the Federal Government or in repurchase agreements fully collateralized by such securities;
(t) Collateralized mortgage obligations that are rated by a nationally recognized rating service as AAA or its equivalent; and
(u) Asset-backed securities that are rated by a nationally recognized rating service as AAA or its equivalent.
2. Repurchase agreements and reverse-repurchase agreements are proper and lawful investments of money of the State and the State Insurance Fund for the purchase or sale of securities which are negotiable and of the types listed in subsection 1 if made in accordance with the following conditions:
(a) The State Treasurer shall designate in advance and thereafter maintain a list of qualified counterparties which:
(1) Regularly provide audited and, if available, unaudited financial statements to the State Treasurer;
(2) The State Treasurer has determined to have adequate capitalization and earnings and appropriate assets to be highly credit worthy; and
(3) Have executed a written master repurchase agreement or master reverse-repurchase agreement, as applicable, in a form satisfactory to the State Treasurer and the State Board of Finance pursuant to which all repurchase agreements or reverse-repurchase agreements are entered into. The master repurchase agreement and master reverse-repurchase agreement must require the prompt delivery to the State Treasurer and the appointed custodian of written confirmations of all transactions conducted thereunder, and must be developed giving consideration to the Federal Bankruptcy Act, 11 U.S.C. §§ 101 et seq.
(b) In all repurchase agreements:
(1) At or before the time money to pay the purchase price is transferred, title to the purchased securities must be recorded in the name of the appointed custodian, or the purchased securities must be delivered with all appropriate, executed transfer instruments by physical delivery to the custodian;
κ2021 Statutes of Nevada, Page 1942 (CHAPTER 323, SB 68)κ
(2) The State must enter into a written contract with the custodian appointed pursuant to subparagraph (1) which requires the custodian to:
(I) Disburse cash for repurchase agreements only upon receipt of the underlying securities;
(II) Notify the State when the securities are marked to the market if the required margin on the agreement is not maintained;
(III) Hold the securities separate from the assets of the custodian; and
(IV) Report periodically to the State concerning the market value of the securities;
(3) The market value of the purchased securities must exceed 102 percent of the repurchase price to be paid by the counterparty and the value of the purchased securities must be marked to the market weekly;
(4) The date on which the securities are to be repurchased must not be more than 90 days after the date of purchase; and
(5) The purchased securities must not have a term to maturity at the time of purchase in excess of 10 years.
(c) In all reverse-repurchase agreements:
(1) The State must enter into a written contract with the appointed custodian which authorizes the custodian to transfer the securities underlying the reverse-repurchase agreement only at or after the time at which money to pay the purchase price of the securities is transferred to the custodian;
(2) The date on which the State commits to repurchase a security purchased by a counterparty or securities of the same issuer, description, issue date and maturity must not be more than 90 days after the date on which the counterparty purchased the securities from the State; and
(3) Money received by the custodian pursuant to subparagraph (1) may be used by the State only to purchase securities whose maturity matches or is not longer than the term of the reverse-repurchase agreement.
3. As used in [subsection 2:] this section:
(a) Counterparty means a bank organized and operating or licensed to operate in the United States pursuant to federal or state law or a securities dealer which is:
(1) A registered broker-dealer;
(2) Designated by the Federal Reserve Bank of New York as a primary dealer in United States government securities; and
(3) In full compliance with all applicable capital requirements.
(b) Repurchase agreement means a purchase of securities by the State or State Insurance Fund from a counterparty which commits to repurchase those securities or securities of the same issuer, description, issue date and maturity on or before a specified date for a specified price.
[4. No money of this state may be invested pursuant to a reverse-repurchase agreement, except money invested pursuant to chapter 286 of NRS.]
κ2021 Statutes of Nevada, Page 1943 (CHAPTER 323, SB 68)κ
(c) Reverse-repurchase agreement means a purchase of securities by a counterparty from the State which commits to repurchase those securities or securities of the same issuer, description, issue date and maturity on or before a specified date for a specified price.
Sec. 2. NRS 355.280 is hereby amended to read as follows:
355.280 If the State Treasurer obtains the judicial determination required by subsection 3 of NRS 355.060, the State Treasurer may transfer an amount not to exceed [$50 million] $75,000,000 from the State Permanent School Fund to the corporation for public benefit. Such a transfer must be made pursuant to an agreement that requires the corporation for public benefit to:
1. Provide, through the limited partnerships or limited-liability companies described in subsection 1 of NRS 355.270, private equity funding; and
2. Ensure that at least 70 percent of all private equity funding provided by the corporation for public benefit is provided to businesses:
(a) Located in this State or seeking to locate in this State; and
(b) Engaged primarily in one or more of the following industries:
(1) Health care and life sciences.
(2) Cyber security.
(3) Homeland security and defense.
(4) Alternative energy.
(5) Advanced materials and manufacturing.
(6) Information technology.
(7) Any other industry that the board of directors of the corporation for public benefit determines will likely meet the targets for investment returns established by the corporation for public benefit for investments authorized by NRS 355.250 to 355.285, inclusive, and comply with sound fiduciary principles.
Sec. 3. NRS 387.516 is hereby amended to read as follows:
387.516 1. The board of trustees of a school district may apply to the State Treasurer for a guarantee agreement whereby money in the State Permanent School Fund is used to guarantee the payment of the debt service on bonds that the school district will issue. The amount of the guarantee for bonds of each school district outstanding at any one time must not exceed [$40,000,000.] $60,000,000.
2. The application must be on a form prescribed by the State Treasurer. The State Treasurer shall develop the form in consultation with the Executive Director.
3. Medium-term obligations entered into pursuant to the provisions of NRS 350.087 to 350.095, inclusive, are not eligible for guarantee pursuant to NRS 387.513 to 387.528, inclusive.
4. Upon receipt of an application for a guarantee agreement from a school district, the State Treasurer shall provide a copy of the application and any supporting documentation to the Executive Director. As soon as practicable after receipt of a copy of an application, the Executive Director shall investigate the ability of the school district to make timely payments on the debt service of the bonds for which the guarantee is requested. The Executive Director shall submit a written report of the investigation to the State Board of Finance indicating his or her opinion as to whether the school district has the ability to make timely payments on the debt service of the bonds.
κ2021 Statutes of Nevada, Page 1944 (CHAPTER 323, SB 68)κ
Executive Director shall submit a written report of the investigation to the State Board of Finance indicating his or her opinion as to whether the school district has the ability to make timely payments on the debt service of the bonds.
Sec. 4. NRS 387.519 is hereby amended to read as follows:
387.519 1. The State Treasurer may enter into a guarantee agreement if:
[1.] (a) The report submitted by the Executive Director indicates that a school district has the ability to make timely payments on the debt service of the bonds;
[2. The]
(b) Except as otherwise provided in subsection 2, the State Board of Finance approves the report submitted by the Executive Director; and
[3.] (c) The State Treasurer has determined that the amount of bonds to be guaranteed under the agreement, in addition to the total amount of outstanding bonds guaranteed pursuant to NRS 387.513 to 387.528, inclusive, does not exceed the limitation established by subsection 1 of NRS 387.522.
2. The requirement that the State Board of Finance approve the report submitted by the Executive Director set forth in paragraph (b) of subsection 1 does not apply if:
(a) The bonds proposed to be guaranteed are being issued solely to refund bonds that are guaranteed pursuant to NRS 387.513 to 387.528, inclusive; and
(b) The total principal and interest due in any year on the bonds proposed to be guaranteed does not exceed the total principal and interest due in that year on the bonds being refunded.
Sec. 5. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 1945κ
Senate Bill No. 128Senators Denis, Kieckhefer; Donate and Dondero Loop
Joint Sponsors: Assemblymen Bilbray-Axelrod, Flores, Gonzαlez, Martinez, Marzola and Torres
CHAPTER 324
[Approved: June 3, 2021]
AN ACT relating to higher education; directing the State Treasurer to conduct a study concerning the effectiveness of publicly funded scholarship and grant programs in this State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes certain publicly funded scholarship and grant programs for persons pursuing higher education. (See, e.g., NRS 396.926, 396.952, 396.965) This bill directs the State Treasurer to contract with one or more qualified independent consultants to conduct a study concerning the effectiveness of such publicly funded scholarship and grant programs. This bill requires the State Treasurer, in conducting the study, to: (1) consult with and solicit input from the Nevada System of Higher Education; (2) review certain specific subjects relating to publicly funded scholarship and grant programs; and (3) submit a report of the findings of the study and any related recommendations to the Legislative Committee on Education. This bill further requires the Legislative Committee on Education to: (1) consult with and solicit input from certain persons in reviewing the report and recommendations; and (2) consider the report and recommendations when requesting the drafting of legislative measures.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The State Treasurer shall contract with one or more qualified independent consultants to conduct a study concerning the effectiveness of publicly funded scholarship and grant programs in this State for persons pursuing higher education, including, without limitation, the Governor Guinn Millennium Scholarship Program created by NRS 396.926, the Nevada Promise Scholarship Program created by NRS 396.965 and the Silver State Opportunity Grant Program created by NRS 396.952. The study must include, without limitation:
(a) A comprehensive review of student outcomes for scholarship and grant recipients, including, without limitation, the graduation rates and drop-out rates of scholarship and grant recipients.
(b) A comprehensive evaluation of the manner in which each scholarship or grant program is administered, including, without limitation:
(1) The administrative costs of each scholarship or grant program;
(2) The process for applying for and awarding a scholarship or grant; and
κ2021 Statutes of Nevada, Page 1946 (CHAPTER 324, SB 128)κ
(3) The process for accessing the money received from a scholarship or grant.
(c) A comprehensive evaluation of the short-term and long-term financial viability of publicly funded scholarship and grant programs for persons pursuing higher education, including, without limitation, the projected future costs of administering such scholarship or grant programs.
(d) An evaluation of any other matter that the State Treasurer, in consultation with the Nevada System of Higher Education, determines is relevant to the study.
2. In conducting the study, the State Treasurer shall consult with and solicit input from the Nevada System of Higher Education.
3. On or before April 1, 2022, the State Treasurer shall submit a report of the findings of the study and any related recommendations to the Legislative Committee on Education, including, without limitation, recommendations for:
(a) Improving the effectiveness and efficiency of publicly funded scholarship and grant programs;
(b) Improving student outcomes for scholarship and grant recipients; and
(c) Reducing the administrative costs of each scholarship or grant program.
4. On or before September 1, 2022, the Legislative Committee on Education shall:
(a) Review the report and any recommendations submitted by the State Treasurer pursuant to subsection 3. In reviewing the report and recommendations, the Legislative Committee on Education shall consult with and solicit input from persons and entities charged with administering publicly funded scholarship and grant programs.
(b) Consider the report and any recommendations submitted by the State Treasurer pursuant to subsection 3 when requesting the drafting of legislative measures pursuant to paragraph (a) of subsection 3 of NRS 218D.160.
5. Notwithstanding the provisions of subsection 5 of NRS 353B.350, the costs of carrying out the provisions of this section must be paid from the Endowment Account created pursuant to NRS 353B.350.
Sec. 2. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 1947κ
Senate Bill No. 147Committee on Judiciary
CHAPTER 325
[Approved: June 3, 2021]
AN ACT relating to criminal procedure; authorizing a victim to request that a court issue an order imposing a condition of release that prohibits the contact or attempted contact of certain persons; requiring the court to consider such a request; requiring the court to notify a person subject to such an order of certain consequences that may be imposed on the person for violating the order; establishing provisions relating to the expiration and renewal of such an order; requiring a copy of the order to be transmitted to the Central Repository for Nevada Records of Criminal History; providing that a person who knowingly violates any such order is guilty of a misdemeanor; providing a penalty; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a court under certain circumstances, before convicting and releasing a person, to impose reasonable conditions on the person as it deems necessary for certain purposes, including, without limitation, a condition that prohibits the person from contacting or attempting to contact a specific person or causing or attempting to cause another person to contact that person. (NRS 178.484, 178.4851) Section 1 of this bill: (1) authorizes a victim to request that a court issue an order imposing a condition of release that prohibits such contact or attempted contact; (2) requires the court to consider such a request; (3) requires the court to notify a person subject to such an order of certain consequences that may result if the order is violated by the person; (4) provides that such an order, or a modification thereof, expires within 120 calendar days after its issuance; (5) authorizes the court to renew the order for good cause shown; (6) requires a court to transmit to the Central Repository for Nevada Records of Criminal History a copy of an order imposing, modifying, suspending or canceling a condition that prohibits such contact or attempted contact; and (7) provides that a person who knowingly violates an order imposing a condition that prohibits such contact or attempted contact is guilty of a misdemeanor. Section 2 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes.
Existing law requires the Repository for Information Concerning Orders for Protection to contain certain records within the Central Repository for Nevada Records of Criminal History of certain temporary and extended orders for protection. (NRS 179A.350) Section 2.5 of this bill requires the Repository for Information Concerning Orders for Protection to contain records relating to the issuance, modification, suspension or cancellation of an order prohibiting the contact or attempted contact of a specific person.
Section 4 of this bill makes an appropriation from the State General Fund to the Central Repository for Nevada Records of Criminal History for the costs of computer programming to carry out the provisions of this bill.
κ2021 Statutes of Nevada, Page 1948 (CHAPTER 325, SB 147)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 178 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Before a court makes a determination of bail concerning a person, a victim may request that a court issue an order imposing a condition of release prohibiting contact.
2. A court shall consider a request described in subsection 1.
3. Upon the issuance of an order imposing a condition of release prohibiting contact, the court shall notify the person subject to the order that violating the order may result in:
(a) The person being charged with a misdemeanor;
(b) The modification or addition of any condition of release;
(c) The revocation of bail and remand of the person to custody; or
(d) The imposition of any other penalty prescribed by law.
4. An order imposing a condition of release prohibiting contact, and any modification thereof, expires within such time, not to exceed 120 calendar days, as the court fixes.
5. The court may, before the expiration of an order imposing a condition of release prohibiting contact and upon motion or at the discretion of the court, after notice and a hearing, renew the order for good cause shown.
6. After the court issues an order imposing, modifying, suspending or canceling a condition of release prohibiting contact, the court shall transmit, as soon as practicable and in a manner prescribed by the Central Repository for Nevada Records of Criminal History, a copy of the order to the Central Repository.
7. A person who knowingly violates an order imposing a condition of release prohibiting contact is guilty of a misdemeanor.
8. Nothing in this section shall be construed to require a court to receive a request pursuant to subsection 1 before issuing an order imposing a condition of release prohibiting contact.
9. As used in this section:
(a) Cancel includes, without limitation, any act that would effectively terminate a condition of release prohibiting contact, including, without limitation:
(1) The dismissal of the action or proceeding against the person;
(2) A prosecuting attorney declining to prosecute the person;
(3) The conviction of the person; or
(4) The acquittal of the person.
(b) Condition of release prohibiting contact means a condition placed on a person who is released pending trial that prohibits the person from contacting or attempting to contact a specific person or from causing or attempting to cause another person to contact that person on the persons behalf.
Sec. 2. NRS 178.483 is hereby amended to read as follows:
178.483 As used in NRS 178.483 to 178.548, inclusive, and section 1 of this act, unless the context otherwise requires, electronic transmission, electronically transmit or electronically transmitted means any form or process of communication not directly involving the physical transfer of paper or another tangible medium which:
κ2021 Statutes of Nevada, Page 1949 (CHAPTER 325, SB 147)κ
electronically transmit or electronically transmitted means any form or process of communication not directly involving the physical transfer of paper or another tangible medium which:
1. Is suitable for the retention, retrieval and reproduction of information by the recipient; and
2. Is retrievable and reproducible in paper form by the recipient through an automated process used in conventional commercial practice.
Sec. 2.5. NRS 179A.350 is hereby amended to read as follows:
179A.350 1. The Repository for Information Concerning Orders for Protection is hereby created within the Central Repository.
2. Except as otherwise provided in subsection 10, the Repository for Information Concerning Orders for Protection must contain a complete and systematic record of all:
(a) Temporary and extended orders for protection against domestic violence issued or registered in the State of Nevada and all Canadian domestic-violence protection orders registered in the State of Nevada, including, without limitation, any information received pursuant to NRS 33.095;
(b) Temporary and extended orders for protection against stalking, aggravated stalking or harassment issued in this State pursuant to NRS 200.599; [and]
(c) Temporary and extended orders for protection against a person alleged to have committed the crime of sexual assault issued in this State pursuant to NRS 200.37835 [.] ; and
(d) Orders imposing, modifying, suspending or canceling a condition of release prohibiting contact issued in this State pursuant to section 1 of this act.
3. The records contained in the Repository for Information Concerning Orders for Protection must be kept in accordance with the regulations adopted by the Director of the Department.
4. Information received by the Central Repository pursuant to NRS 33.095, 200.37835 and 200.599 , and section 1 of this act must be entered in the Repository for Information Concerning Orders for Protection.
5. The information in the Repository for Information Concerning Orders for Protection must be accessible by computer at all times to each agency of criminal justice.
6. The Repository for Information Concerning Orders for Protection shall retain all records of an expired temporary or extended order for protection and all records of an expired, suspended or cancelled order imposing a condition of release prohibiting contact, unless any such [an] order is sealed by a court of competent jurisdiction.
7. The existence of a record of an expired temporary or extended order for protection or a record of an expired, suspended or cancelled order imposing a condition of release prohibiting contact in the Repository for Information Concerning Orders for Protection does not prohibit a person from obtaining a firearm or a permit to carry a concealed firearm unless such conduct violates:
(a) A court order; or
(b) Any provision of federal or state law.
8. On or before July 1 of each year, the Director of the Department shall submit to the Director of the Legislative Counsel Bureau a written report concerning all temporary and extended orders for protection issued pursuant to NRS 33.020, 200.378 and 200.591 during the previous calendar year that were transmitted to the Repository for Information Concerning Orders for Protection.
κ2021 Statutes of Nevada, Page 1950 (CHAPTER 325, SB 147)κ
pursuant to NRS 33.020, 200.378 and 200.591 during the previous calendar year that were transmitted to the Repository for Information Concerning Orders for Protection. The report must include, without limitation, information for each court that issues temporary or extended orders for protection pursuant to NRS 33.020, 200.378 and 200.591, respectively, concerning:
(a) The total number of temporary and extended orders that were granted by the court during the calendar year to which the report pertains;
(b) The number of temporary and extended orders that were granted to women;
(c) The number of temporary and extended orders that were granted to men;
(d) The number of temporary and extended orders that were vacated or expired;
(e) The number of temporary orders that included a grant of temporary custody of a minor child; and
(f) The number of temporary and extended orders that were served on the adverse party.
9. The information provided pursuant to subsection 8 must include only aggregate information for statistical purposes and must exclude any identifying information relating to a particular person.
10. The Repository for Information Concerning Orders for Protection must not contain any information concerning an event that occurred before October 1, 1998.
11. As used in this section, Canadian domestic-violence protection order has the meaning ascribed to it in NRS 33.119.
Sec. 3. (Deleted by amendment.)
Sec. 4. 1. There is hereby appropriated from the State General Fund to the Central Repository for Nevada Records of Criminal History within the Records, Communications and Compliance Division of the Department of Public Safety the sum of $44,522 for the costs of computer programming to carry out the provisions of this act.
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. 5. 1. This section and section 4 of this act become effective upon passage and approval.
2. Sections 1 to 3, inclusive, of this act become effective on October 1, 2021.
________
κ2021 Statutes of Nevada, Page 1951κ
Senate Bill No. 185Committee on Finance
CHAPTER 326
[Approved: June 3, 2021]
AN ACT making an appropriation to the Department of Veterans Services to provide financial assistance and support for the Adopt a Vet Dental Program; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State General Fund to the Department of Veterans Services to provide financial assistance and support for the Adopt a Vet Dental Program the following sums:
For the Fiscal Year 2021-2022................................................. $250,000
For the Fiscal Year 2022-2023................................................. $250,000
Sec. 2. Any balance of the sums appropriated by section 1 of this act 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. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 1952κ
Senate Bill No. 194Senators Lange; Denis, Donate, Hammond, Ohrenschall and Seevers Gansert
CHAPTER 327
[Approved: June 3, 2021]
AN ACT relating to education; establishing a State Seal of Civics Program; requiring the Superintendent of Public Instruction to establish criteria for certain designations related to civics; requiring a public high school to report certain test results to the Department of Education; requiring instruction provided in social studies to include civics; requiring that various communities be included in the standards of content and performance for ethnic and diversity studies; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Superintendent of Public Instruction to establish various state seals to be awarded to pupils who graduate high school with a high level of proficiency in certain subjects. (NRS 388.591, 388.594, 388.596, 388.597) Section 2 of this bill similarly establishes a State Seal of Civics Program. Section 3 of this bill sets forth the criteria for earning a State Seal of Civics.
Section 5 of this bill requires the Superintendent of Public Instruction to adopt regulations that establish criteria for the Superintendent to designate a school, pupil or teacher or other school employee as a School of Civic Excellence, Student Civic Leader or Educator Civic Leader, respectively.
Under existing law, a public high school must administer an examination with questions identical to the questions contained in the civics portion of the naturalization test adopted by the United States Citizenship and Immigration Services of the Department of Homeland Security and report the aggregate results of the examination to the board of trustees of the school district in which the high school is located. (NRS 389.009) Section 8 of this bill requires the board of trustees of each school district to report the results of the examination to the Department of Education.
Existing law designates various core academic subjects, including, without limitation, social studies, which includes only the subjects of history, geography, economics and government. (NRS 389.018) Section 9 of this bill adds civics to the list of subjects included within social studies. Section 10 of this bill makes a conforming change related to the addition of civics to social studies.
Under existing law, the Council to Establish Academic Standards for Public Schools is required to establish standards of content and performance for ethnic and diversity studies for certain pupils. The standards must, without limitation, examine the culture, history and contributions of certain American communities. (NRS 389.525) Section 11 of this bill includes additional communities in the list of communities whose culture, history and contributions must be examined.
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 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. The Superintendent of Public Instruction shall establish a State Seal of Civics Program to recognize pupils who graduate from a public high school, including, without limitation, a charter school and a university school for profoundly gifted pupils, who have attained a high level of proficiency in civics.
κ2021 Statutes of Nevada, Page 1953 (CHAPTER 327, SB 194)κ
public high school, including, without limitation, a charter school and a university school for profoundly gifted pupils, who have attained a high level of proficiency in civics.
2. The Superintendent of Public Instruction shall:
(a) Create a State Seal of Civics that may be affixed to the diploma and noted on the transcript of a pupil to recognize that the pupil has met the requirements of section 3 of this act; and
(b) Deliver the State Seal of Civics to each school district, charter school and university school for profoundly gifted pupils that participates in the State Seal of Civics Program.
3. Any school district, charter school and university school for profoundly gifted pupils may participate in the State Seal of Civics Program by notifying the Superintendent of Public Instruction of its intent to participate in the Program.
4. Each board of trustees of a school district and governing body of a charter school or university school for profoundly gifted pupils that participates in the State Seal of Civics Program shall:
(a) Identify the pupils who have met the requirements to be awarded the State Seal of Civics; and
(b) Affix the State Seal of Civics to the diploma and note the receipt of the State Seal of Civics on the transcript of each pupil who meets those requirements.
5. The Superintendent of Public Instruction may adopt regulations as necessary to carry out the provisions of this section and section 3 of this act.
Sec. 3. 1. A school district, charter school and university school for profoundly gifted pupils that participates in the State Seal of Civics Program established pursuant to section 2 of this act must award a pupil, upon graduation from high school, a high school diploma with a State Seal of Civics if the pupil:
(a) Earns at least a 3.25 grade point average on a 4.0 grading scale or, if a different grading scale is used, a 3.85 weighted grade point average on a grading scale approved by the Superintendent of Public Instruction.
(b) Demonstrates proficiency in civics by earning:
(1) At least 3 credits in social studies;
(2) A score of at least 90 percent on the examination for civics required pursuant to NRS 389.009; and
(3) A satisfactory score in citizenship.
(c) Completes a service learning project.
2. The Department shall develop a rubric and set forth a satisfactory score to determine if a pupil meets the requirements for a satisfactory score in citizenship for the purposes of subparagraph (3) of paragraph (b) of subsection 1.
3. The Department shall provide guidance to public schools regarding the requirements for completing a service learning project for the purposes of paragraph (c) of subsection 1.
Sec. 4. (Deleted by amendment.)
Sec. 5. 1. The Superintendent of Public Instruction may designate:
(a) A school district, charter school or university school for profoundly gifted pupils as a Nevada School of Civic Excellence;
κ2021 Statutes of Nevada, Page 1954 (CHAPTER 327, SB 194)κ
(b) A pupil as a Student Civic Leader; or
(c) A teacher or other school employee as an Educator Civic Leader.
2. The Superintendent of Public Instruction shall adopt regulations that set forth the criteria to earn a designation pursuant to subsection 1.
Secs. 6 and 7. (Deleted by amendment.)
Sec. 8. NRS 389.009 is hereby amended to read as follows:
389.009 1. A public high school shall administer an examination containing a number of questions, determined by the public high school, which are identical to the questions contained in the civics portion of the naturalization test adopted by the United States Citizenship and Immigration Services of the Department of Homeland Security, to each pupil enrolled in the public high school.
2. A public high school shall:
(a) Determine the course in which the examination will be administered;
(b) Establish the number of questions which will be included on the examination, which must not be less than 50;
(c) Determine the desired score on the examination and the manner in which the results of the examination administered to a pupil will affect the grade of the pupil in the course in which the examination is administered; and
(d) Not later than August 31 of each year, aggregate the results of the examination for all pupils at the public high school and report the aggregated results to the board of trustees of the school district in which the public high school is located.
3. Except as otherwise provided in subsection 4, no pupil in any public high school may receive a certificate or diploma of graduation without having taken the examination described in subsection 1.
4. A pupil may receive a waiver from the examination administered pursuant to subsection 1 if:
(a) The pupil is a pupil with a disability and the waiver is in accordance with his or her individualized education program;
(b) The pupil is identified as an English learner and the public high school is unable to offer the examination in the language which would be most likely to provide accurate results for the pupil; or
(c) The principal or administrator of the public high school determines that the pupil has completed all other academic requirements to receive a certificate or diploma of graduation and has shown good cause for a waiver. The principal or administrator of a public high school shall not grant a waiver pursuant to this paragraph to more than 10 percent of each graduating class of the public high school.
5. On or before December 31 of each year, the board of trustees of each school district shall report the aggregated results of the examination received by the board of trustees of the school district pursuant to subsection 2 to the Department.
6. As used in this section, public high school includes, without limitation, any charter school that operates as a high school.
Sec. 9. NRS 389.018 is hereby amended to read as follows:
389.018 1. The following subjects are designated as the core academic subjects that must be taught, as applicable for grade levels, in all public schools, the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS:
κ2021 Statutes of Nevada, Page 1955 (CHAPTER 327, SB 194)κ
public schools, the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS:
(a) English language arts;
(b) Mathematics;
(c) Science; and
(d) Social studies, which includes only the subjects of history, geography, economics , civics and government.
2. Except as otherwise provided in this subsection, a pupil enrolled in a public high school must enroll in a minimum of:
(a) Four units of credit in English language arts;
(b) Four units of credit in mathematics, including, without limitation, Algebra I and geometry, or an equivalent course of study that integrates Algebra I and geometry;
(c) Three units of credit in science, including two laboratory courses; and
(d) Three units of credit in social studies, including, without limitation:
(1) American government;
(2) American history; and
(3) World history or geography.
Κ A pupil is not required to enroll in the courses of study and credits required by this subsection if the pupil, the parent or legal guardian of the pupil and an administrator or a counselor at the school in which the pupil is enrolled mutually agree to a modified course of study for the pupil and that modified course of study satisfies at least the requirements for a standard high school diploma, an adjusted diploma or an alternative diploma, as applicable.
3. Except as otherwise provided in this subsection, in addition to the core academic subjects, the following subjects must be taught as applicable for grade levels and to the extent practicable in all public schools, the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS:
(a) The arts;
(b) Computer education and technology;
(c) Health; and
(d) Physical education.
Κ If the State Board requires the completion of course work in a subject area set forth in this subsection for graduation from high school or promotion to the next grade, a public school shall offer the required course work. Except as otherwise provided for a course of study in health prescribed by subsection 1 of NRS 389.021 and the instruction prescribed by subsection 1 of NRS 389.064, unless a subject is required for graduation from high school or promotion to the next grade, a charter school is not required to comply with this subsection.
4. Instruction in health and physical education provided pursuant to subsection 3 must include, without limitation, instruction concerning the importance of annual physical examinations by a provider of health care and the appropriate response to unusual aches and pains.
Sec. 10. NRS 389.520 is hereby amended to read as follows:
389.520 1. The Council shall:
(a) Establish standards of content and performance, including, without limitation, a prescription of the resulting level of achievement, for the grade levels set forth in subsection 5, based upon the content of each course, that is expected of pupils for the following courses of study:
κ2021 Statutes of Nevada, Page 1956 (CHAPTER 327, SB 194)κ
levels set forth in subsection 5, based upon the content of each course, that is expected of pupils for the following courses of study:
(1) English language arts;
(2) Mathematics;
(3) Science;
(4) Social studies, which includes only the subjects of history, geography, economics , civics and government;
(5) The arts;
(6) Computer education and technology, which includes computer science and computational thinking;
(7) Health;
(8) Physical education; and
(9) A foreign or world language.
(b) Establish a schedule for the periodic review and, if necessary, revision of the standards of content and performance. The review must include, without limitation, the review required pursuant to NRS 390.115 of the results of pupils on the examinations administered pursuant to NRS 390.105.
(c) Assign priorities to the standards of content and performance relative to importance and degree of emphasis and revise the standards, if necessary, based upon the priorities.
2. The standards for computer education and technology must include a policy for the ethical, safe and secure use of computers and other electronic devices. The policy must include, without limitation:
(a) The ethical use of computers and other electronic devices, including, without limitation:
(1) Rules of conduct for the acceptable use of the Internet and other electronic devices; and
(2) Methods to ensure the prevention of:
(I) Cyber-bullying;
(II) Plagiarism; and
(III) The theft of information or data in an electronic form;
(b) The safe use of computers and other electronic devices, including, without limitation, methods to:
(1) Avoid cyber-bullying and other unwanted electronic communication, including, without limitation, communication with on-line predators;
(2) Recognize when an on-line electronic communication is dangerous or potentially dangerous; and
(3) Report a dangerous or potentially dangerous on-line electronic communication to the appropriate school personnel;
(c) The secure use of computers and other electronic devices, including, without limitation:
(1) Methods to maintain the security of personal identifying information and financial information, including, without limitation, identifying unsolicited electronic communication which is sent for the purpose of obtaining such personal and financial information for an unlawful purpose;
(2) The necessity for secure passwords or other unique identifiers;
(3) The effects of a computer contaminant;
(4) Methods to identify unsolicited commercial material; and
κ2021 Statutes of Nevada, Page 1957 (CHAPTER 327, SB 194)κ
(5) The dangers associated with social networking Internet sites; and
(d) A designation of the level of detail of instruction as appropriate for the grade level of pupils who receive the instruction.
3. The standards for social studies must include multicultural education, including, without limitation, information relating to contributions made by men and women from various racial and ethnic backgrounds. The Council shall consult with members of the community who represent the racial and ethnic diversity of this State in developing such standards.
4. The standards for health must include mental health and the relationship between mental health and physical health.
5. The Council shall establish standards of content and performance for each grade level in kindergarten and grades 1 to 8, inclusive, for English language arts and mathematics. The Council shall establish standards of content and performance for the grade levels selected by the Council for the other courses of study prescribed in subsection 1.
6. The Council shall forward to the State Board the standards of content and performance established by the Council for each course of study. The State Board shall:
(a) Adopt the standards for each course of study, as submitted by the Council; or
(b) If the State Board objects to the standards for a course of study or a particular grade level for a course of study, return those standards to the Council with a written explanation setting forth the reason for the objection.
7. If the State Board returns to the Council the standards of content and performance for a course of study or a grade level, the Council shall:
(a) Consider the objection provided by the State Board and determine whether to revise the standards based upon the objection; and
(b) Return the standards or the revised standards, as applicable, to the State Board.
Κ The State Board shall adopt the standards of content and performance or the revised standards, as applicable.
8. The Council shall work in cooperation with the State Board to prescribe the examinations required by NRS 390.105.
9. As used in this section:
(a) Computer contaminant has the meaning ascribed to it in NRS 205.4737.
(b) Cyber-bullying has the meaning ascribed to it in NRS 388.123.
(c) Electronic communication has the meaning ascribed to it in NRS 388.124.
Sec. 11. NRS 389.525 is hereby amended to read as follows:
389.525 1. The Council shall establish standards of content and performance for ethnic and diversity studies for pupils enrolled in high school. The Council shall develop the standards in consultation with:
(a) Faculty of ethnic or diversity studies at colleges and universities in this State that have an ethnic or diversity studies program;
(b) Representatives of the school districts in this State, a majority of whom are teachers in kindergarten through grade 12 and who have experience or an educational background in the study and teaching of ethnic or diversity studies; and
(c) Other qualified persons who represent the diverse communities of this State and the United States.
κ2021 Statutes of Nevada, Page 1958 (CHAPTER 327, SB 194)κ
2. The standards established pursuant to subsection 1 must:
(a) Examine the culture, history and contributions of diverse American communities, including, without limitation, African Americans, Hispanic Americans, Native Americans, Asian Americans, European Americans, Basque Americans , Pacific Islander Americans, Chicano Americans, Latino Americans, Middle Eastern Americans, women, persons with disabilities, immigrants or refugees, persons who are lesbian, gay, bisexual, transgender or questioning and any other ethnic or diverse American communities the Council deems appropriate;
(b) Emphasize human relations, sensitivity towards all races and diverse populations and work-related cultural competency skills;
(c) Be written in a manner that allows a school district or charter school to modify the content to reflect and support the demographics of pupils in the community, as long as the prescribed standard is met; and
(d) Comply with any applicable admissions requirements for colleges and universities in this State.
3. The board of trustees of a school district and the governing body of a charter school that operates as a high school may provide instruction in ethnic and diversity studies to pupils enrolled in high school within the school district or in the charter school, as applicable. If provided, the instruction must comply with the standards of content and performance established by the Council pursuant to this section.
4. The State Board shall adopt such regulations as necessary to carry out the provisions of this section.
Sec. 12. (Deleted by amendment.)
Sec. 13. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 12, 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 1959κ
Senate Bill No. 205Senator Denis
CHAPTER 328
[Approved: June 3, 2021]
AN ACT relating to public safety; exempting certain water heaters from the standards that an owner of a boiler must comply with; authorizing the Division of Industrial Relations of the Department of Business and Industry to adopt regulations establishing requirements relating to equipment and apparatuses used in connection with water heaters; requiring the Division to revise its regulations to conform with the exemption for certain water heaters; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth various standards that an owner of a boiler must comply with. (Chapter 455C of NRS) Section 1.2 of this bill defines the term water heater and section 1.4 of this bill provides that the standards governing boilers do not apply to a water heater if, with regard to the water heater, certain limitations are not exceeded. Section 1.5 of this bill authorizes the Division of Industrial Relations of the Department of Business and Industry to adopt regulations that apply to equipment and apparatuses used in connection with a water heater. Section 1.6 of this bill makes a conforming change to indicate the proper placement of section 1.2 within the Nevada Revised Statutes. Section 2 of this bill requires the Division to revise its regulations to conform with the provisions of section 1.4.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 455C of NRS is hereby amended by adding thereto the provisions set forth as sections 1.2, 1.4 and 1.5 of this act.
Sec. 1.2. Water heater means an appliance that is:
1. Designed primarily to supply hot water for domestic or commercial purposes; and
2. Equipped with automatic controls which limit water temperature to a maximum of 210 degrees Fahrenheit (99 degrees Centigrade).
Sec. 1.4. The provisions of this chapter and any regulations adopted pursuant thereto do not apply to a water heater if, with regard to the water heater, none of the following limitations is exceeded:
1. An input of heat of 199,999 British thermal units per hour (58,600 watts).
2. A water temperature of 210 degrees Fahrenheit (99 degrees Centigrade).
3. A water capacity of 120 gallons (450 liters).
Sec. 1.5. Notwithstanding the provisions of section 1.4 of this act, the Division may adopt regulations that apply to the equipment and apparatuses used in connection with a water heater.
κ2021 Statutes of Nevada, Page 1960 (CHAPTER 328, SB 205)κ
Sec. 1.6. NRS 455C.010 is hereby amended to read as follows:
455C.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 455C.020 to 455C.080, inclusive, and section 1.2 of this act have the meanings ascribed to them in those sections.
Sec. 1.8. (Deleted by amendment.)
Sec. 2. 1. The provisions of any regulation adopted by the Division of Industrial Relations of the Department of Business and Industry which conflict with the provisions of section 1.4 of this act are void and must not be given effect to the extent of the conflict.
2. The Division of Industrial Relations of the Department of Business and Industry shall amend or repeal any of its existing regulations that conflict or are inconsistent with the provisions of section 1.4 of this act as soon as practicable after the effective date of this act.
Sec. 3. 1. This section and sections 1, 1.2, 1.4, 1.6, 1.8 and 2 of this act become effective upon passage and approval.
2. Section 1.5 of this act becomes effective on July 1, 2021.
________
Senate Bill No. 236Senators D. Harris; and Spearman
CHAPTER 329
[Approved: June 3, 2021]
AN ACT relating to public safety; requiring law enforcement agencies to establish early warning systems to identify peace officers who display bias indicators or other problematic behavior; establishing provisions relating to the recording, collection and review of information concerning traffic stops made by law enforcement officers; imposing certain duties on the Department of Public Safety and law enforcement agencies regarding the recording, collection and review of such information; authorizing the Department to adopt regulations relating to the recording, collection and review of such information; requiring the Legislative Commission to appoint a committee to conduct an interim study relating to the establishment of crisis response call centers; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth provisions governing peace officers and establishes the Peace Officers Standards and Training Commission (hereinafter POST), which generally provides for the training and education of peace officers. (Chapter 289 of NRS) Section 1 of this bill requires every law enforcement agency to establish an early warning system for the purpose of identifying peace officers employed by the law enforcement agency who display bias indicators or other problematic behavior. Section 1 requires that if a peace officer is identified by the early warning system as displaying bias indicators or other problematic behavior, the law enforcement agency that employs the peace officer is required to increase its supervision of the peace officer and provide additional training and, if appropriate, counseling to the peace officer. If a peace officer is repeatedly identified by the early warning system as displaying bias indicators or other problematic behavior, the law enforcement agency that employs the peace officer is required to consider the consequences that should be imposed, including transferring the peace officer from any high-profile assignments or subjecting the peace officer to any discipline.
κ2021 Statutes of Nevada, Page 1961 (CHAPTER 329, SB 236)κ
that employs the peace officer is required to consider the consequences that should be imposed, including transferring the peace officer from any high-profile assignments or subjecting the peace officer to any discipline.
Existing law establishes provisions relating to the rules of the roads in this State. (Chapter 484B of NRS) Sections 7-21 of this bill establish provisions relating to the recording, collection and review of information concerning traffic stops made by law enforcement officers. Section 17 of this bill requires the Department of Public Safety to develop and implement, not later than January 1, 2022: (1) a standardized method to be used by law enforcement officers to record certain information concerning traffic stops in an electronic traffic citation system, including certain demographic information of the person who was stopped; and (2) training and procedures to facilitate the collection of such information. Section 17 also requires: (1) law enforcement officers that make a traffic stop for which a citation is issued through an electronic traffic citation system to record such information during the period beginning on January 1, 2022, and ending on December 31, 2025; and (2) law enforcement agencies that retain such information to report such information for the previous calendar year to the Department beginning not later than February 1, 2023, and at least annually thereafter until February 1, 2026. Section 17 additionally requires that any such information be used by the Department for statistical purposes only and provides that any identifying information of a law enforcement officer who performed a traffic stop or a person who was stopped that is collected or held by the Department is confidential.
Section 17.5 of this bill requires the Department, not later than January 1, 2024, to: (1) develop and implement a standardized method to be used by law enforcement officers to record the information required to be recorded pursuant to section 17 concerning traffic stops for which written citations or warnings are issued; (2) develop and implement training and procedures to facilitate the collection of such information; and (3) update written forms for traffic citations to accommodate the collection of such information. Section 17.5 also requires: (1) law enforcement officers that make a traffic stop for which a written citation or warning is issued to record such information during the period beginning on January 1, 2024, and ending on December 31, 2025; and (2) law enforcement agencies that retain such information to report to the Department such information for the previous calendar year not later than February 1, 2025, for the 2024 calendar year and not later than February 1, 2026, for the 2025 calendar year. Section 17.5 additionally requires that any such information be used by the Department for statistical purposes only and provides that any identifying information of a law enforcement officer who performed a traffic stop or a person who was stopped that is collected or held by the Department is confidential.
Section 18 of this bill authorizes the Department, to the extent that money is available, to contract with a third party to review all public information reported by law enforcement agencies concerning traffic stops pursuant to sections 17 and 17.5 and conduct a statistical analysis of the data to identify patterns or practices of profiling. Section 18 requires the Department to seek any available gifts, grants or donations to assist in enabling the Department to contract with a third party to conduct such a statistical analysis. Section 18 also requires such a third party with whom the Department contracts to submit, during the year in which a statistical analysis is conducted, a report of the results of the analysis to the Governor, the Department and the Chairs of the Senate and Assembly Standing Committees on Judiciary. Section 19 of this bill authorizes the Department, after reviewing the report, to provide advice or technical assistance to any law enforcement agency mentioned in the report and, if such advice or technical assistance is provided, requires the Department to present to POST a summary of the advice or technical assistance given.
Section 20 of this bill requires the Department to: (1) record information collected from law enforcement agencies concerning traffic stops that is not confidential in a central repository created by the Department to track data electronically concerning traffic stops on a statewide basis; and (2) make such data available to the public.
κ2021 Statutes of Nevada, Page 1962 (CHAPTER 329, SB 236)κ
available to the public. However, section 25 of this bill provides that, unless the Department is able to perform such duties using existing resources, such requirements only become effective on the date on which federal funding is obtained for the recording, collection and review of information concerning traffic stops made by law enforcement officers.
Section 21 of this bill authorizes the Department to adopt any regulations necessary to carry out the provisions relating to the recording, collection and review of information concerning traffic stops made by law enforcement officers.
Section 22 of this bill requires the Legislative Commission to appoint a committee to conduct an interim study relating to the establishment of crisis response call centers. Section 22 requires that such a study include: (1) an examination of certain proposals relating to responses to non-violent and non-emergency situations; (2) a determination of how information should be provided to the public regarding when to call an emergency number, a non-emergency number or another help line; (3) the consideration of alternative models regarding responses to crises that do not require armed law enforcement officers; and (4) a determination of the feasibility of establishing a pilot program relating to crisis response call centers. Section 22 requires the interim committee to submit a report of its findings and any recommendations for legislation to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the 82nd Session of the Nevada Legislature.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 289 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each law enforcement agency shall establish an early warning system for the purpose of identifying peace officers employed by the law enforcement agency who:
(a) Display bias indicators by, for example:
(1) Having a large number of citizen complaints;
(2) Being part of a large number of incidents involving the use of force;
(3) Making a large number of arrests for resisting an officer;
(4) Having a large number of the arrests that he or she has made result in no charges being filed because of issues such as improper searches or detentions; or
(5) Having a negative attitude regarding programs that enhance relations between law enforcement and the community.
(b) Display other problematic behavior by, for example:
(1) Having a large number of motor vehicle crashes;
(2) Abusing sick leave; or
(3) Showing any other behavioral signs that are indicative of a decline in performance.
2. If a peace officer is identified by the early warning system as displaying bias indicators or other problematic behavior, the law enforcement agency that employs the peace officer shall:
(a) Increase its supervision of the peace officer; and
(b) Provide additional training and, if appropriate, counseling to the peace officer.
3. If a peace officer is repeatedly identified by the early warning system as displaying bias indicators or other problematic behavior, the law enforcement agency that employs the peace officer shall consider the consequences that should be imposed, including, without limitation, whether the peace officer should be transferred from any high-profile assignments or subject to any discipline.
κ2021 Statutes of Nevada, Page 1963 (CHAPTER 329, SB 236)κ
enforcement agency that employs the peace officer shall consider the consequences that should be imposed, including, without limitation, whether the peace officer should be transferred from any high-profile assignments or subject to any discipline.
Secs. 2-4. (Deleted by amendment.)
Sec. 5. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 437.145, 437.207, 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063,
κ2021 Statutes of Nevada, Page 1964 (CHAPTER 329, SB 236)κ
481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2673, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.221, 641.325, 641A.191, 641A.262, 641A.289, 641B.170, 641B.282, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and sections 17 and 17.5 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
4. If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium. Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:
κ2021 Statutes of Nevada, Page 1965 (CHAPTER 329, SB 236)κ
this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 6. Chapter 484B of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 21, inclusive, of this act.
Sec. 7. As used in sections 7 to 21, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 8 to 16, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 8. Department means the Department of Public Safety.
Sec. 9. Disability means, with respect to a person:
1. A physical or mental impairment that substantially limits one or more of the major life activities of the person;
2. A record of such an impairment; or
3. Being regarded as having such an impairment.
Sec. 10. Gender identity or expression means a gender-related identity, appearance, expression or behavior of a person, regardless of the persons assigned sex at birth.
Sec. 11. Law enforcement agency has the meaning ascribed to it in NRS 289.010.
Sec. 12. Law enforcement officer means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
Sec. 13. (Deleted by amendment.)
Sec. 14. Profiling means the targeting of a person by a law enforcement agency or a law enforcement officer, on suspicion of the person having violated a provision of law, based solely on the persons real or perceived age, race, ethnicity, color, national origin, language, sex, gender identity or expression, sexual orientation, political affiliation, religion, homelessness or disability, unless the law enforcement agency or law enforcement officer is acting on a suspect description or information related to an identified or suspected violation of a provision of law.
Sec. 15. Sexual orientation means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.
Sec. 16. Traffic stop means any occasion when the driver of a motor vehicle is halted by a law enforcement officer for an alleged traffic violation or infraction.
κ2021 Statutes of Nevada, Page 1966 (CHAPTER 329, SB 236)κ
Sec. 17. 1. Not later than January 1, 2022, the Department shall develop and implement a standardized method to be used by law enforcement officers to record information concerning traffic stops in an electronic traffic citation system. The standardized method must require the electronic traffic citation system to provide for the following information to be recorded for each stop:
(a) The date and time of the stop;
(b) The location of the stop;
(c) The race, ethnicity, age and sex of the person stopped, based on the observations of the law enforcement officer responsible for reporting the stop;
(d) The nature of, and the statutory citation for, the alleged violation that caused the stop to be made; and
(e) The disposition of the stop, including, without limitation, whether:
(1) A warning, citation or summons was issued;
(2) A search was conducted and, if so:
(I) The type of search conducted; and
(II) Whether anything was found as a result of the search; and
(3) An arrest was made.
2. Not later than January 1, 2022, the Department, in consultation with law enforcement agencies, shall develop and implement training and procedures to facilitate the collection of information concerning traffic stops for which citations are issued through an electronic traffic citation system pursuant to subsection 1.
3. During the period beginning on January 1, 2022, and ending on December 31, 2025, each law enforcement officer that makes a traffic stop for which a citation is issued through an electronic traffic citation system shall record for each stop the information set forth in paragraphs (a) to (e), inclusive, of subsection 1, and each law enforcement agency shall retain such information.
4. Each law enforcement agency that engages in traffic stops for which citations are issued through an electronic traffic citation system shall report to the Department the information recorded for the previous calendar year pursuant to subsection 3 not later than February 1, 2023, and at least annually thereafter until February 1, 2026.
5. Information acquired pursuant to this section must be used by the Department only for statistical purposes and not for any other purpose. Any identifying information of a law enforcement officer who performed a traffic stop or a person who was stopped that is collected or held by the Department is confidential.
Sec. 17.5. 1. Not later than January 1, 2024, the Department shall develop and implement a standardized method to be used by law enforcement officers to record information concerning traffic stops for which written citations or warnings are issued. The standardized method must require the information set forth in paragraphs (a) to (e), inclusive, of subsection 1 of section 17 of this act to be recorded for each stop.
2. Not later than January 1, 2024, the Department, in consultation with law enforcement agencies, shall:
(a) Develop and implement training and procedures to facilitate the collection of information set forth in paragraphs (a) to (e), inclusive, of subsection 1 of section 17 of this act concerning traffic stops for which written citations or warnings are issued; and
κ2021 Statutes of Nevada, Page 1967 (CHAPTER 329, SB 236)κ
(b) Update written forms for traffic citations to accommodate the collection of information set forth in paragraphs (a) to (e), inclusive, of subsection 1 of section 17 of this act.
3. During the period beginning on January 1, 2024, and ending on December 31, 2025, each law enforcement officer that makes a traffic stop for which a written citation or warning is issued shall record for each stop the information set forth in paragraphs (a) to (e), inclusive, of subsection 1 of section 17 of this act, and each law enforcement agency shall retain such information.
4. Each law enforcement agency that engages in traffic stops for which written citations or warnings are issued shall report to the Department the information recorded for the previous calendar year pursuant to subsection 3 not later than February 1, 2025, for the 2024 calendar year and not later than February 1, 2026, for the 2025 calendar year.
5. Information acquired pursuant to this section must be used by the Department only for statistical purposes and not for any other purpose. Any identifying information of a law enforcement officer who performed a traffic stop or a person who was stopped that is collected or held by the Department is confidential.
Sec. 18. 1. To the extent that money is available, the Department may contract with a third party to review all public information, including, without limitation, the prevalence and disposition of traffic stops reported by law enforcement agencies pursuant to sections 17 and 17.5 of this act, and conduct a statistical analysis of the data for the purpose of identifying patterns or practices of profiling.
2. If a third party with whom the Department contracts pursuant to subsection 1 conducts a statistical analysis, the third party must, not later than December 31 of the year in which the statistical analysis is conducted, report the results of the analysis to the Governor, the Department, the Chair of the Senate Standing Committee on Judiciary and the Chair of the Assembly Standing Committee on Judiciary.
3. The Department shall seek any available gifts, grants or donations to assist in enabling the Department to contract with a third party pursuant to subsection 1.
Sec. 19. 1. The Department shall review any reports provided to the Department by the third party with whom the Department contracts pursuant to subsection 1 of section 18 of this act.
2. After reviewing a report, the Department may provide advice or technical assistance to any law enforcement agency mentioned in the report. Any advice or technical assistance provided must be based on best practices in policing as determined by the Peace Officers Standards and Training Commission.
3. Upon providing advice or technical assistance to a law enforcement agency pursuant to subsection 2, the Department shall, within a reasonable period, present to the Peace Officers Standards and Training Commission a summary of the advice or technical assistance given. The presentation must be open to the public, feature live testimony by presenters and be held in accordance with chapter 241 of NRS.
Sec. 20. The Department shall:
1. Record information reported to the Department pursuant to subsection 4 of section 17 and subsection 4 of section 17.5 of this act, other than any identifying information of a law enforcement officer who performed a traffic stop or a person who was stopped that is confidential pursuant to subsection 5 of section 17 or subsection 5 of section 17.5 of this act, in a central repository created by the Department to track data electronically concerning traffic stops on a statewide basis; and
κ2021 Statutes of Nevada, Page 1968 (CHAPTER 329, SB 236)κ
than any identifying information of a law enforcement officer who performed a traffic stop or a person who was stopped that is confidential pursuant to subsection 5 of section 17 or subsection 5 of section 17.5 of this act, in a central repository created by the Department to track data electronically concerning traffic stops on a statewide basis; and
2. Make such recorded data available to the public for the purpose of allowing the inspection of statistical information concerning traffic stops, including, without limitation, the race and ethnicity of the driver with regard to all traffic stops made on all public roads other than those classified as local or minor rural roads.
Sec. 21. The Department may adopt any regulations necessary to carry out the provisions of sections 7 to 21, inclusive, of this act.
Sec. 22. 1. The Legislative Commission shall appoint a committee to conduct an interim study relating to the establishment of crisis response call centers.
2. The interim committee must be composed of six Legislators selected as follows:
(a) Two members of the Senate appointed by the Majority Leader of the Senate;
(b) Two members of the Assembly appointed by the Speaker of the Assembly;
(c) One member of the Senate appointed by the Minority Leader of the Senate; and
(d) One member of the Assembly appointed by the Minority Leader of the Assembly.
3. The Legislative Commission shall appoint a Chair and Vice Chair from among the members of the interim committee.
4. The study must include, without limitation:
(a) An examination of the following proposals, including, without limitation, the feasibility of such proposals and any effects thereof:
(1) Pairing peace officers with mental health specialists, social workers or counselors for any mental health calls that address a non-violent situation;
(2) Having community service officers who are not armed respond to non-emergency calls and whether that would require the creation of a new department; and
(3) Expanding existing response teams across the State.
(b) A determination of which situations are considered to be low-risk and which crimes are considered to be non-violent and how best to provide information to the public as to when a person should call an emergency number, a non-emergency number or another help line.
(c) The consideration of alternative models for responses to crises using resources that do not require armed law enforcement officers, including, without limitation, responses to mental health crises, issues relating to homelessness or other situations in which responding with alternative resources is more appropriate than responding with armed law enforcement officers.
(d) A determination of the feasibility of establishing a pilot program relating to crisis response call centers.
5. On or before September 1, 2022, the interim committee shall submit a report of its findings, including, without limitation, any recommendations for legislation, to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the 82nd Session of the Nevada Legislature.
κ2021 Statutes of Nevada, Page 1969 (CHAPTER 329, SB 236)κ
for legislation, to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the 82nd Session of the Nevada Legislature.
Sec. 23. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 24. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 25. 1. This section and sections 17, 17.5, 21 and 22 of this act become effective upon passage and approval.
2. Sections 6 to 16, inclusive, 18 and 19 of this act become effective:
(a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks necessary to carry out the provisions of sections 7 to 19, inclusive, of this act; and
(b) On October 1, 2021, for all other purposes.
3. Sections 1 to 5, inclusive, 23 and 24 of this act become effective on October 1, 2021.
4. Section 20 of this act becomes effective:
(a) On October 1, 2021, if the Department of Public Safety is able to perform its duties under section 20 of this act using existing resources; or
(b) On the date on which federal funding is obtained to carry out the provisions of sections 7 to 21, inclusive, of this act if the Department of Public Safety is not able to perform its duties under section 20 of this act using existing resources.
________
Senate Bill No. 278Senator Settelmeyer
CHAPTER 330
[Approved: June 3, 2021]
AN ACT relating to taxation; defining wholesale sale for the purposes of provisions imposing a tax on wholesale sales of cannabis to exclude certain transfers of cannabis between cannabis cultivation facilities that share identical ownership; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law imposes an excise tax at the rate of 15 percent of the fair market value at wholesale upon each wholesale sale of cannabis by a medical cannabis cultivation facility or an adult-use cannabis cultivation facility to another cannabis establishment. (NRS 372A.290) This bill defines wholesale sale for the purposes of the provisions imposing such a tax to mean a sale or transfer of cannabis by a cannabis cultivation facility to another cannabis establishment. This bill excludes from the definition of wholesale sale a transfer of cannabis by a cannabis cultivation facility to another cannabis cultivation facility when both cannabis cultivation facilities share identical ownership.
κ2021 Statutes of Nevada, Page 1970 (CHAPTER 330, SB 278)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 372A.290 is hereby amended to read as follows:
372A.290 1. An excise tax is hereby imposed on each wholesale sale in this State of cannabis by a medical cannabis cultivation facility to another cannabis establishment at the rate of 15 percent of the fair market value at wholesale of the cannabis. The excise tax imposed pursuant to this subsection is the obligation of the medical cannabis cultivation facility.
2. An excise tax is hereby imposed on each wholesale sale in this State of cannabis by an adult-use cannabis cultivation facility to another cannabis establishment at the rate of 15 percent of the fair market value at wholesale of the cannabis. The excise tax imposed pursuant to this subsection is the obligation of the adult-use cannabis cultivation facility.
3. An excise tax is hereby imposed on each retail sale in this State of cannabis or cannabis products by an adult-use cannabis retail store at the rate of 10 percent of the sales price of the cannabis or cannabis products. The excise tax imposed pursuant to this subsection:
(a) Is the obligation of the adult-use cannabis retail store.
(b) Is separate from and in addition to any general state and local sales and use taxes that apply to retail sales of tangible personal property.
4. The revenues collected from the excise tax imposed pursuant to subsection 1 must be distributed:
(a) To the Cannabis Compliance Board and to local governments in an amount determined to be necessary by the Board to pay the costs of the Board and local governments in carrying out the provisions of chapter 678C of NRS; and
(b) If any money remains after the revenues are distributed pursuant to paragraph (a), to the State Treasurer to be deposited to the credit of the State Education Fund.
5. The revenues collected from the excise tax imposed pursuant to subsection 2 must be distributed:
(a) To the Cannabis Compliance Board and to local governments in an amount determined to be necessary by the Board to pay the costs of the Board and local governments in carrying out the provisions of chapter 678D of NRS; and
(b) If any money remains after the revenues are distributed pursuant to paragraph (a), to the State Treasurer to be deposited to the credit of the State Education Fund.
6. For the purpose of subsections 4 and 5, a total amount of $5,000,000 of the revenues collected from the excise tax imposed pursuant to subsection 1 and the excise tax imposed pursuant to subsection 2 in each fiscal year shall be deemed sufficient to pay the costs of all local governments to carry out the provisions of chapters 678C and 678D of NRS. The Board shall, by regulation, determine the manner in which local governments may be reimbursed for the costs of carrying out the provisions of chapters 678C and 678D of NRS.
7. The revenues collected from the excise tax imposed pursuant to subsection 3 must be paid over as collected to the State Treasurer to be deposited to the credit of the State Education Fund.
κ2021 Statutes of Nevada, Page 1971 (CHAPTER 330, SB 278)κ
8. As used in this section:
(a) Adult-use cannabis cultivation facility has the meaning ascribed to it in NRS 678A.025.
(b) Adult-use cannabis retail store has the meaning ascribed to it in NRS 678A.065.
(c) Cannabis product has the meaning ascribed to it in NRS 678A120.
(d) Local government has the meaning ascribed to it in NRS 360.640.
(e) Medical cannabis cultivation facility has the meaning ascribed to it in NRS 678A.170.
(f) Medical cannabis establishment has the meaning ascribed to it in NRS 678A.180.
(g) Wholesale sale means a sale or transfer of cannabis by a cannabis cultivation facility to another cannabis establishment. The term does not include a transfer of cannabis by a cannabis cultivation facility to another cannabis cultivation facility when both cannabis cultivation facilities share identical ownership.
Sec. 2. This act becomes effective on July 1, 2021.
________
Senate Bill No. 292Senator Lange
CHAPTER 331
[Approved: June 3, 2021]
AN ACT relating to public office; revising the qualification requirements for a minor political party; revising the deadline to challenge the qualification of a minor political party; revising provisions for filling a vacancy in the office of United States Senator, Representative in Congress or State Legislator; repealing various provisions relating to major political parties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes certain requirements for a minor political party to qualify as a minor political party in this State, which include filing a petition with the Secretary of State not later than the third Friday in June preceding the general election which is signed by a number of registered voters equal to at least 1 percent of the number of voters who cast votes at the last preceding general election for the offices of Representative in Congress. (NRS 293.1715) Section 2 of this bill revises this requirement to instead provide that to qualify as a minor political party, the minor political party must file a petition by June 1 preceding the general election or, if that date falls on a weekend, the first Monday in June and the number of registered voters required to sign the petition must be equally divided among the petition districts. Section 3 of this bill makes conforming changes to move the deadline to file a challenge on the qualification of a minor political party to place the names of candidates on the ballot from the fourth Friday in June to the second Monday in June. (NRS 293.174)
Existing law requires the Governor to appoint a person to fill a vacancy in the office of United States Senator. (NRS 304.030) Section 6 of this bill requires the Governor to appoint a person who is of the same political party as the former Senator.
κ2021 Statutes of Nevada, Page 1972 (CHAPTER 331, SB 292)κ
Existing law requires the Governor to fill a vacancy in the office of Representative in Congress by calling for a special election. Such a special election may be consolidated with a statewide election or local election under certain circumstances. (NRS 304.230, 304.240) Sections 8 and 9 of this bill require a candidate for a major political party to be nominated at a special primary election before the special general election and require the Governor to specify a date for a special primary election to be held not less than 60 days before the date of the special general election. Sections 8 and 13.5 of this bill require the cost of a special primary election and special general election to be paid from the Reserve for Statutory Contingency Account unless such elections are consolidated with a statewide election or local election.
Section 8 removes a requirement for a special election to be conducted not more than 90 days after the issuance of a proclamation by the Governor if a vacancy is caused by a catastrophe. Sections 7, 10 and 15 of this bill make conforming changes by: (1) removing definitions relating to a catastrophe; and (2) revising certain references relating to such provisions.
Under existing law, a vacancy in the office of Legislator is filled by appointment by the board of county commissioners of the county in which the legislative district of the former Legislator is located or, if the legislative district of the former Legislator comprises more than one county, the boards of county commissioners of each county within or partly within the legislative district of the former Legislator. (Nev. Art. 4, §12; NRS 218A.260, 218A.262) Existing law requires the board or boards of county commissioners, as applicable, to establish an application process by which persons may file applications with the board or boards to fill the vacancy. (NRS 218A.262) Sections 11 and 12 of this bill: (1) require the Majority or Minority Leader of the House of which the former Legislator was a member who is of the same political party as the former Legislator to submit to the board or boards of county commissioners, as applicable, a list of qualified nominees to fill the vacancy; and (2) require, with certain exceptions, the board or boards of county commissioners to fill the vacancy by appointing a person from the list of qualified nominees. The board or boards of county commissioners may vote to reject all of the qualified nominees on the list and request the Majority or Minority Leader of the House of which the former Legislator was a member who is of the same political party as the former Legislator to submit to the board or boards of county commissioners, as applicable, a new list of qualified nominees to fill the vacancy. In such a circumstance, the board or boards of county commissioners must appoint a qualified nominee to fill the legislative vacancy from the second list of qualified nominees submitted by the applicable Majority or Minority Leader.
If the former Legislator is not of the same political party as the Majority or Minority Leader of the House of which the former Legislator was a member, sections 11 and 12 require the board or boards of county commissioners, as applicable, to establish an application process by which persons may file applications with the board or boards to fill the vacancy. Section 13 of this bill makes a conforming change to require a nominee or applicant to fill a vacancy to file a declaration of eligibility with the board or boards of county commissioners.
Existing law sets forth various requirements for the internal organization and procedures of major political parties, including requirements for the election of delegates to county and state conventions, the manner of organization of county conventions and provisions governing state and central committees. (NRS 293.130-293.163) Section 15 of this bill removes these provisions.
κ2021 Statutes of Nevada, Page 1973 (CHAPTER 331, SB 292)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. NRS 293.1715 is hereby amended to read as follows:
293.1715 1. The names of the candidates for partisan office of a minor political party must not appear on the ballot for a primary election.
2. The names of the candidates for partisan office of a minor political party must be placed on the ballot for the general election if the minor political party is qualified. To qualify as a minor political party, the minor political party must have filed a certificate of existence and be organized pursuant to NRS 293.171, must have filed a list of its candidates for partisan office pursuant to the provisions of NRS 293.1725 with the Secretary of State and:
(a) At the last preceding general election, the minor political party must have polled for any of its candidates for partisan office a number of votes equal to or more than 1 percent of the total number of votes cast for the offices of Representative in Congress;
(b) On January 1 preceding a primary election, the minor political party must have been designated as the political party on the applications to register to vote of at least 1 percent of the total number of registered voters in this State; or
(c) [Not later than the third Friday in] On June 1 preceding the general election [,] or if the date falls on a weekend, the first Monday in June, must file a petition with the Secretary of State which is signed by a number of registered voters equal to at least 1 percent of the total number of votes cast at the last preceding general election for the offices of Representative in Congress [.] which must be apportioned equally among the petition districts.
3. The name of only one candidate of each minor political party for each partisan office may appear on the ballot for a general election.
4. A minor political party must file a copy of the petition required by paragraph (c) of subsection 2 with the Secretary of State before the petition may be circulated for signatures.
5. To determine the number of signatures required by paragraph (c) of subsection 2 to be gathered from each petition district, the Secretary of State shall calculate the number that equals 1 percent of the voters who voted in this State at the last preceding general election and apportion that number by the number of petition districts. Fractional numbers must be rounded up to the nearest whole number.
Sec. 3. NRS 293.174 is hereby amended to read as follows:
293.174 If the qualification of a minor political party to place the names of candidates on the ballot pursuant to NRS 293.1715 is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the [fourth Friday] second Monday in June. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the [fourth Friday] second Monday in June. A challenge pursuant to this section must be filed with the First Judicial District Court if the petition was filed with the Secretary of State. The district court in which the challenge is filed shall give priority to such proceedings over all other matters pending with the court, except for criminal proceedings.
κ2021 Statutes of Nevada, Page 1974 (CHAPTER 331, SB 292)κ
the challenge is filed shall give priority to such proceedings over all other matters pending with the court, except for criminal proceedings.
Secs. 4 and 5. (Deleted by amendment.)
Sec. 6. NRS 304.030 is hereby amended to read as follows:
304.030 In case of a vacancy in the office of United States Senator caused by death, resignation or otherwise, the Governor may appoint some qualified person to fill the vacancy, who is a member of the same political party as the former Senator for at least 90 days immediately preceding the creation of the vacancy and who shall hold office until the next general election and until his or her successor shall be elected and seated.
Sec. 7. NRS 304.040 is hereby amended to read as follows:
304.040 Except as otherwise provided in NRS [304.200 to 304.250, inclusive,] 304.230 and 304.240, party candidates for Representative in Congress shall be nominated in the same manner as state officers are nominated.
Sec. 8. NRS 304.230 is hereby amended to read as follows:
304.230 1. In the event of a vacancy in the office of Representative in Congress, the Governor shall, within 7 days after the event giving rise to the vacancy, issue an election proclamation calling for [a] :
(a) A special primary election to be held for selecting the nominee of each major political party for the office of Representative in Congress; and
(b) A special general election to fill the vacancy [.] in the office of Representative in Congress.
2. The Governor shall specify the [date] dates of the special primary election and the special general election in the proclamation. [Except as otherwise provided in subsection 2, the] The special primary election must be held not less than 60 days before the date of the special general election.
3. A special primary election and a special general election must be conducted:
(a) As soon as practicable after the issuance of the proclamation [;] but with sufficient time to comply with the provisions of chapter 293D of NRS and the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et seq.;
(b) On a Tuesday; and
(c) Not more than 180 days after the issuance of the proclamation. [If the vacancy is caused by a catastrophe, the election must be conducted not more than 90 days after the issuance of the proclamation.
2.] 4. A special primary election or special general election required pursuant to subsection 1 may be consolidated with a statewide election or local election scheduled to be conducted within 90 days after the issuance of the proclamation. The special primary election or special general election may be consolidated with a local election occurring wholly or partially within the same territory in which the vacancy exists only if the voters eligible to vote in the local election comprise at least 50 percent of all voters eligible to vote on the vacancy. If a special primary election or a special general election is not consolidated with a statewide election or local election, the cost of the special primary election or special general election is a charge against the State and must be paid from the Reserve for Statutory Contingency Account upon recommendation by the Secretary of State and approval of the State Board of Examiners.
κ2021 Statutes of Nevada, Page 1975 (CHAPTER 331, SB 292)κ
Sec. 9. NRS 304.240 is hereby amended to read as follows:
304.240 1. [If the Governor issues an election proclamation calling for a special election pursuant to NRS 304.230, no primary election may be held.
2. Except as otherwise provided in this section, a candidate must be nominated in the manner provided in chapter 293 of NRS and] A person who wants to be a candidate at a special primary election called pursuant to NRS 304.230 must file a declaration of candidacy with the appropriate filing officer and pay the filing fee required by NRS 293.193 within the time prescribed by the Secretary of State pursuant to NRS 293.204, which must be established to allow a sufficient amount of time [for the mailing of election ballots.
3.] to comply with the provisions of chapter 293D of NRS and the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §§ 20301 et seq.
2. A candidate of a major political party is nominated [by filing a declaration of candidacy with the appropriate filing officer and paying the filing fee required by NRS 293.193 within the time prescribed by the Secretary of State pursuant to NRS 293.204.
4.] at the special primary election.
3. A minor political party that wishes to place its candidates on the ballot at the special general election must file a list of its candidates with the Secretary of State not [more than 46 days before the special election and not less than 32 days before] later than the day following the special primary election.
[5.] 4. To have his or her name appear on the ballot [,] at the special general election, an independent candidate must file a petition of candidacy with the appropriate filing officer not [more than 46 days before the special election and not less than 32 days before] later than the day following the special primary election.
[6.] 5. Except as otherwise provided in this section and NRS [304.200 to 304.250, inclusive:] 304.230:
(a) The special primary election and special general election must be conducted pursuant to the provisions of chapter 293 of NRS.
(b) The general election laws of this State apply to the special primary election and the special general election.
Sec. 10. NRS 304.250 is hereby amended to read as follows:
304.250 The Secretary of State shall adopt such regulations as are necessary for conducting special elections pursuant to the provisions of NRS [304.200 to 304.250, inclusive.] 304.230 and 304.240.
Sec. 11. NRS 218A.260 is hereby amended to read as follows:
218A.260 1. If, for any reason set forth in Section 12 of Article 4 of the Nevada Constitution or for any other reason, a vacancy occurs in the office of a Legislator during a regular or special session or at a time when no biennial election or regular election at which county officers are to be elected will take place between the occurrence of the vacancy and the next regular or special session, the vacancy must be filled in the manner provided in this section.
2. [If] Except as otherwise provided in subsection 3, if the former Legislator was elected or appointed from a district wholly within one county, the board of county commissioners of the county in which the district is located shall fill the vacancy by appointing a person who meets the qualifications for the office as required by NRS 218A.200, who is nominated or timely files an application to fill the vacancy , as applicable, pursuant to NRS 218A.262 , [and a declaration of eligibility pursuant to NRS 218A.264,] who is a member of the same political party as the former Legislator and who has, in accordance with NRS 281.050, actually, as opposed to constructively, resided in the district for at least 30 days immediately preceding the date on which the person is nominated or the date established pursuant to [subsection 1 of] NRS 218A.262 for the close of filing of applications to fill the vacancy [.]
κ2021 Statutes of Nevada, Page 1976 (CHAPTER 331, SB 292)κ
qualifications for the office as required by NRS 218A.200, who is nominated or timely files an application to fill the vacancy , as applicable, pursuant to NRS 218A.262 , [and a declaration of eligibility pursuant to NRS 218A.264,] who is a member of the same political party as the former Legislator and who has, in accordance with NRS 281.050, actually, as opposed to constructively, resided in the district for at least 30 days immediately preceding the date on which the person is nominated or the date established pursuant to [subsection 1 of] NRS 218A.262 for the close of filing of applications to fill the vacancy [.] , as applicable.
3. If the board of county commissioners votes to reject all of the qualified nominees submitted to the board pursuant to NRS 218A.262, if applicable, the board must request a new list of one or more qualified nominees from the Majority or Minority Leader of the House of which the former Legislator was a member and who is of the same political party as the former Legislator. Upon receipt of the new list of qualified nominees, the board of county commissioners shall fill the vacancy by appointing a qualified nominee from the new list.
4. Except as otherwise provided in subsection 5, if the former Legislator was elected or appointed from a district comprising more than one county, the boards of county commissioners of each county within or partly within the district shall fill the vacancy by appointing a person who meets the qualifications for the office as required by NRS 218A.200, who is nominated or timely files an application to fill the vacancy , as applicable, pursuant to NRS 218A.262 , [and a declaration of eligibility pursuant to NRS 218A.264,] who is a member of the same political party as the former Legislator and who has, in accordance with NRS 281.050, actually, as opposed to constructively, resided in the district for at least 30 days immediately preceding the date on which the person is nominated or the date established pursuant to [subsection 2 of] NRS 218A.262 for the close of filing of applications to fill the vacancy [.] , as applicable. To fill the vacancy:
(a) Each board of county commissioners shall first meet separately . [and] Each board of county commissioners shall vote to determine the single candidate it will nominate to fill the vacancy [.] or, if a list of qualified nominees was submitted pursuant to NRS 218A.262, to reject all of the qualified nominees.
(b) The boards shall then meet jointly. The joint meeting must be chaired by the person who is the chair of the board of county commissioners of the county with the largest population in the district. At the joint meeting:
(1) The chair of each board, on behalf of that board, shall cast a proportionate number of votes according to the percent, rounded to the nearest whole percent, which the population of that boards county is of the population of the entire district. Populations must be determined by the last decennial census or special census conducted by the Bureau of the Census of the United States Department of Commerce.
(2) The person who receives a plurality of these votes is appointed to fill the vacancy. If a list of qualified nominees was not required to be submitted to the boards of county commissioners pursuant to NRS 218A.262 and no person receives a plurality of the votes, the boards of county commissioners of the respective counties shall each select a candidate, and the appointee must be chosen by drawing lots among the candidates so selected.
κ2021 Statutes of Nevada, Page 1977 (CHAPTER 331, SB 292)κ
[4.] 5. If at the joint meeting held pursuant to paragraph (b) of subsection 4 the choice to reject all of the qualified nominees from the list submitted pursuant to NRS 218A.262 receives a plurality of the votes, the boards of county commissioners must request a new list of one or more qualified nominees from the Majority or Minority Leader of the House of which the former Legislator was a member and who is of the same political party as the former Legislator. Upon receipt of the new list of qualified nominees, the board of county commissioners shall repeat the process set forth in subsection 4 but must fill the vacancy by appointing a qualified nominee from the new list of qualified nominees.
6. The board of county commissioners or the board of the county with the largest population in the district shall issue a certificate of appointment naming the appointee. The county clerk or the clerk of the county with the largest population in the district shall give the certificate to the appointee and send a copy of the certificate to the Secretary of State.
7. As used in this section, qualified nominee means a person:
(a) Who meets the qualifications for the office as required by NRS 218A.200;
(b) Who is a member of the same political party as the former Legislator; and
(c) Who has, in accordance with NRS 281.050, actually, as opposed to constructively, resided in the district of the former Legislator for at least 30 days immediately preceding the date on which the person is nominated by the Majority or Minority Leader of the House of which the former Legislator was a member and who is of the same political party as the former Legislator.
Sec. 12. NRS 218A.262 is hereby amended to read as follows:
218A.262 1. If a vacancy in the office of a Legislator must be filled pursuant to NRS 218A.260 and the former Legislator was elected or appointed from a district wholly within one county, the Majority or Minority Leader of the House of which the former Legislator was a member who is of the same political party as the former Legislator must submit to the board of county commissioners a list of one or more qualified nominees to fill the vacancy. If the former Legislator is not of the same political party as the Majority or Minority Leader of the House of which the former Legislator was a member, the board of county commissioners of the county in which the district is located shall establish:
(a) A process by which persons may file applications with the board to fill the vacancy; and
(b) A specific date for the close of filing of applications to fill the vacancy.
2. If a vacancy in the office of a Legislator must be filled pursuant to NRS 218A.260 and the former Legislator was elected or appointed from a district comprising more than one county [:] , the Majority or Minority Leader of the House of which the former Legislator was a member and who is of the same political party as the former Legislator must submit to the board of county commissioners of each county within or partly within the district a list of one or more qualified nominees to fill the vacancy. If the former Legislator is not of the same political party as the Majority or Minority Leader of the House of which the former Legislator was a member:
(a) The board of county commissioners of each county within or partly within the district shall establish a process by which persons may file applications with that board to fill the vacancy.
κ2021 Statutes of Nevada, Page 1978 (CHAPTER 331, SB 292)κ
(b) The board of county commissioners of the county with the largest population in the district shall, after considering any recommendations made by the other boards within a reasonable time after the vacancy, establish a specific date that is the same for all of the boards for the close of filing of applications to fill the vacancy.
3. If, pursuant to NRS 218A.260, the board or boards of county commissioners, as applicable, reject all of the qualified nominees on the list submitted by the Majority or Minority Leader of the House of which the former Legislator was a member who is of the same political party as the former Legislator, the same Majority or Minority Leader must submit a new list of one of more qualified nominees to fill the vacancy to the board or boards of county commissioners.
4. As used in this section, qualified nominee means a person:
(a) Who meets the qualifications for the office as required by NRS 218A.200;
(b) Who is a member of the same political party as the former Legislator; and
(c) Who has, in accordance with NRS 281.050, actually, as opposed to constructively, resided in the district of the former Legislator for at least 30 days immediately preceding the date on which the person is nominated by the Majority or Minority Leader of the House of which the former Legislator was a member and who is of the same political party as the former Legislator.
Sec. 13. NRS 218A.264 is hereby amended to read as follows:
218A.264 1. If a person is nominated pursuant to NRS 218A.260 or 218A.262, or a person files an application with any board of county commissioners to fill a vacancy in the office of a Legislator pursuant to NRS 218A.262, the person must execute and file with [his or her application] the board of county commissioners, a declaration of eligibility that must be in substantially the following form:
For the purpose of applying to fill the vacancy in the office of a Legislator in the following legislative district, ................ (name of assembly or senatorial district), I, the undersigned ................, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ................, in the City or Town of ................, County of ................, State of Nevada; that, as required by NRS 218A.260, my actual, as opposed to constructive, residence in that legislative district began on a date at least 30 days immediately preceding the date of nomination pursuant to NRS 218A.262 or the date established pursuant to NRS 218A.262 for the close of filing of applications to fill the vacancy [;] , as applicable; that my telephone number is ................, and the address at which I receive mail, if different than my residence, is ................; that I am registered as a member of the ................ Party; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored; that I will otherwise qualify for the office if appointed thereto, including, but not limited to, complying with any limitation prescribed by the Constitution of this State concerning the number of years or terms for which a person may hold the office; that I understand that knowingly and willfully filing a declaration of eligibility which contains a false statement is a crime punishable as a gross misdemeanor; and that, as required by NRS 218A.200, I will have been an actual, as opposed to constructive, citizen resident of this State for 1 year immediately preceding the date of my appointment and that, during such period, I will have resided at the following residence or residences:
κ2021 Statutes of Nevada, Page 1979 (CHAPTER 331, SB 292)κ
eligibility which contains a false statement is a crime punishable as a gross misdemeanor; and that, as required by NRS 218A.200, I will have been an actual, as opposed to constructive, citizen resident of this State for 1 year immediately preceding the date of my appointment and that, during such period, I will have resided at the following residence or residences:
...............................
Street Address Street Address
...............................
City or Town City or Town
...............................
State State
From............. To.............................................. From............. To............
Dates of Residency Dates of Residency
...............................
Street Address Street Address
...............................
City or Town City or Town
...............................
State State
From............. To.............................................. From............. To............
Dates of Residency Dates of Residency
(Attach additional sheet or sheets of residences as necessary)
.....................................................................
(Name of applicant)
.....................................................................
(Signature of applicant)
Subscribed and sworn to before me
this ...... day of the month of ...... of the year ......
Notary Public or other person
authorized to administer an oath
2. Each address of the applicant that must be included in the declaration of eligibility pursuant to subsection 1 must be the street address of the residence where the applicant actually, as opposed to constructively, resided or resides in accordance with NRS 281.050, if one has been assigned. The declaration of eligibility must not be accepted for filing if any of the applicants addresses are listed as a post office box unless a street address has not been assigned to the residence.
3. Any person who does not submit a declaration of eligibility pursuant to this section is ineligible to fill the vacancy of the former Legislator.
κ2021 Statutes of Nevada, Page 1980 (CHAPTER 331, SB 292)κ
4. Any person who knowingly and willfully files a declaration of eligibility that contains a false statement in violation of this section is guilty of a gross misdemeanor.
Sec. 13.5. 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, 304.230, 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.
Sec. 14. (Deleted by amendment.)
Sec. 15. NRS 293.130, 293.133, 293.134, 293.135, 293.137, 293.140, 293.143, 293.145, 293.150, 293.153, 293.155, 293.157, 293.160, 293.161, 293.163, 304.200, 304.210 and 304.220 are hereby repealed.
Sec. 16. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 15, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2022, for all other purposes.
________
κ2021 Statutes of Nevada, Page 1981κ
Senate Bill No. 295Senator Cannizzaro
CHAPTER 332
[Approved: June 3, 2021]
AN ACT relating to industrial insurance; prohibiting the termination or limitation of compensation paid to certain injured employees for a permanent total disability on the basis that the injured employee earns income; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that an injured employee is entitled to receive compensation for a permanent total disability only so long as the permanent total disability continues to exist. (NRS 616C.440) Existing law authorizes certain injured employees who are or were firefighters, arson investigators, police officers or emergency medical attendants and who are partially disabled from certain occupational diseases to elect to receive such compensation for a permanent total disability. (NRS 617.455, 617.457, 617.485, 617.487) Section 2 of this bill prohibits an insurer from halting or limiting the payment of compensation to such an injured employee for a permanent total disability on the basis that the injured employee earns income. Section 1 of this bill makes a conforming change to a reference to reflect a change in numbering made by section 2.
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 616C.405 is hereby amended to read as follows:
616C.405 Except as otherwise provided in subsection [4] 5 of NRS 616C.440, an employee who is receiving compensation for:
1. A permanent total disability is not entitled to compensation for permanent partial disability during the period when the employee is receiving compensation for the permanent total disability.
2. A temporary total disability is not entitled to compensation for a permanent partial disability during the period of temporary total disability.
3. A temporary partial disability is not entitled to compensation for a permanent partial disability during the period of temporary partial disability.
Sec. 2. NRS 616C.440 is hereby amended to read as follows:
616C.440 1. Except as otherwise provided in this section and NRS 616C.175, every employee in the employ of an employer, within the provisions of chapters 616A to 616D, inclusive, of NRS, who is injured by accident arising out of and in the course of employment, or his or her dependents as defined in chapters 616A to 616D, inclusive, of NRS, is entitled to receive the following compensation for permanent total disability:
(a) In cases of total disability adjudged to be permanent, compensation per month of 66 2/3 percent of the average monthly wage.
(b) If there is a previous disability, as the loss of one eye, one hand, one foot or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury, but such a deduction for a previous award for permanent partial disability must be made in a reasonable manner and must not be more than the total amount which was paid for the previous award for permanent partial disability.
κ2021 Statutes of Nevada, Page 1982 (CHAPTER 332, SB 295)κ
deduction for a previous award for permanent partial disability must be made in a reasonable manner and must not be more than the total amount which was paid for the previous award for permanent partial disability. The total amount of the allowable deduction includes, without limitation, compensation for a permanent partial disability that was deducted from:
(1) Any compensation the employee received for a temporary total disability; or
(2) Any other compensation received by the employee.
(c) If the character of the injury is such as to render the employee so physically helpless as to require the service of a constant attendant, an additional allowance may be made so long as such requirements continue, but the allowance may not be made while the employee is receiving benefits for care in a hospital or facility for intermediate care pursuant to the provisions of NRS 616C.265.
2. Except as otherwise provided in NRS 616B.028 and 616B.029, an injured employee or his or her dependents are not entitled to accrue or be paid any benefits for a permanent total disability during the time the injured employee is incarcerated. The injured employee or his or her dependents are entitled to receive those benefits when the injured employee is released from incarceration if the injured employee is certified as permanently totally disabled by a physician or chiropractor.
3. An employee is entitled to receive compensation for a permanent total disability only so long as the permanent total disability continues to exist. The insurer has the burden of proving that the permanent total disability no longer exists.
4. If an injured employee has filed a claim with an insurer pursuant to NRS 617.455, 617.457, 617.485 or 617.487, the insurer may not terminate, suspend, withhold, offset, reduce or otherwise halt, restrict or limit the payment of compensation for a permanent total disability to the injured employee or his or her dependents on the basis that the injured employee earns income.
5. If an employee who has received compensation in a lump sum for a permanent partial disability pursuant to NRS 616C.495 is subsequently determined to be permanently and totally disabled, the insurer of the employees employer shall recover pursuant to this subsection the actual amount of the lump sum paid to the employee for the permanent partial disability. The insurer shall not recover from the employee, whether by deductions or single payment, or a combination of both, more than the actual amount of the lump sum paid to the employee. To recover the actual amount of the lump sum, the insurer shall:
(a) Unless the employee submits a request described in paragraph (b), deduct from the compensation for the permanent total disability an amount that is not more than 10 percent of the rate of compensation for a permanent total disability until the actual amount of the lump sum paid to the employee for the permanent partial disability is recovered; or
(b) Upon the request of the employee, accept in a single payment from the employee an amount that is equal to the actual amount of the lump sum paid to the employee for the permanent partial disability, less the actual amount of all deductions made to date by the insurer from the employee for repayment of the lump sum.
________
κ2021 Statutes of Nevada, Page 1983κ
Senate Bill No. 297Senator Spearman
CHAPTER 333
[Approved: June 3, 2021]
AN ACT relating to agriculture; revising provisions relating to a plan to inventory vacant and blighted lands in a master plan; requiring the Council on Food Security to research and develop recommendations on community gardens and urban farms; authorizing a board of county commissioners to approve a partial abatement of ad valorem taxes for owners of real property who agree to the use of real property for community gardens or urban farms; revising provisions authorizing the governing body of a county or city to allow the use of vacant county or city owned lands for community gardening; authorizing the Director of the Department of Transportation to lease certain real property for community gardens and urban farms under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the planning commission of a city or county to prepare a master plan which may include an urban agricultural element. The urban agricultural element must include a plan to inventory any vacant lands owned by the city or county and blighted lands in the city or county to determine if such lands may be suitable for urban farming or gardening. (NRS 278.160) Section 1 of this bill provides that the plan to inventory vacant or blighted lands may include an inventory of other real property owned by the city or county.
Existing law creates the Council on Food Security, which is charged with various duties relating to food security, including developing a food system. (NRS 232.4966, 232.4968) Section 2 of this bill requires the Council to research and develop recommendations on community gardens and urban farms.
Section 3 of this bill authorizes a board of county commissioners to approve a partial abatement of ad valorem taxes equal to 10 percent of the taxes that would otherwise be imposed on a parcel if the owner intends to allow the property to be used as a community garden or urban farm. Section 3 requires the owner of the real property to agree to the operation of the community garden or urban farm for a period of not less than 5 years.
Existing law authorizes the governing body of a city or county to use vacant or blighted land owned by the city or county for the purpose of community gardening. (NRS 244.291, 268.0191) Sections 4 and 5 of this bill expand this provision to: (1) include urban farms; and (2) authorize the use of other real property owned by the city or county that is vacant or blighted for community gardening and urban farming. Sections 4 and 5 also require the governing body of a city or county to encourage the development of community gardens and urban farms, including by making available any existing federal, state or local resources to persons seeking to develop a community garden or urban farm. Lastly, sections 4 and 5 authorize the governing body of a county or city who owns a municipal water system or who has an agreement with a water authority, water district or water system to provide or request the provision of water to community gardens or urban farms at a wholesale or reduced rate.
κ2021 Statutes of Nevada, Page 1984 (CHAPTER 333, SB 297)κ
Existing law authorizes the Director of the Department of Transportation to lease real property held by the Department that is not in current use for fair market value. (NRS 408.507) Section 10 of this bill authorizes the Director to lease such real property for use as community gardens and urban farms for $1 per year. A local government who leases such land from the Department is required under section 10 to prioritize community gardens and urban farms that meet certain criteria. Section 9 of this bill makes a technical change to account for a change to an internal reference in section 10.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, Obesity, which is recognized as a disease by a variety of organizations, including the World Health Organization, the United States Food and Drug Administration of the United States Department of Health and Human Services and the National Institutes of Health, is an epidemic in the United States with almost 72 percent of Americans classified as overweight or obese; and
Whereas, Obesity disproportionately impacts communities of color and low-income communities and can negatively impact health outcomes for people in those communities; and
Whereas, Communities of color and low-income communities often have limited access to healthy and affordable foods and safe places to play or exercise outdoors, which are vital to maintaining an active and healthy life; and
Whereas, Community programs are critical to addressing obesity in communities by helping people in those communities lose weight and adopt long-term healthy habits; and
Whereas, Community programs such as community gardens and urban farms may help provide communities with access to healthy and affordable food and encourage communities to participate in outdoor activities in a safe space and adopt healthy eating habits; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.160 is hereby amended to read as follows:
278.160 1. Except as otherwise provided in this section and NRS 278.150 and 278.170, the master plan, with the accompanying charts, drawings, diagrams, schedules and reports, may include such of the following elements or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:
(a) A conservation element, which must include:
(1) A conservation plan for the conservation, development and utilization of natural resources, including, without limitation, water and its hydraulic force, underground water, water supply, solar or wind energy, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The conservation plan must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds.
κ2021 Statutes of Nevada, Page 1985 (CHAPTER 333, SB 297)κ
plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The conservation plan must also indicate the maximum tolerable level of air pollution.
(2) A solid waste disposal plan showing general plans for the disposal of solid waste.
(b) A historic preservation element, which must include:
(1) A historic neighborhood preservation plan which:
(I) Must include, without limitation, a plan to inventory historic neighborhoods and a statement of goals and methods to encourage the preservation of historic neighborhoods.
(II) May include, without limitation, the creation of a commission to monitor and promote the preservation of historic neighborhoods.
(2) A historical properties preservation plan setting forth an inventory of significant historical, archaeological, paleontological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.
(c) A housing element, which must include, without limitation:
(1) An inventory of housing conditions and needs, and plans and procedures for improving housing standards and providing adequate housing to individuals and families in the community, regardless of income level.
(2) An inventory of existing affordable housing in the community, including, without limitation, housing that is available to rent or own, housing that is subsidized either directly or indirectly by this State, an agency or political subdivision of this State, or the Federal Government or an agency of the Federal Government, and housing that is accessible to persons with disabilities.
(3) An analysis of projected growth and the demographic characteristics of the community.
(4) A determination of the present and prospective need for affordable housing in the community.
(5) An analysis of any impediments to the development of affordable housing and the development of policies to mitigate those impediments.
(6) An analysis of the characteristics of the land that is suitable for residential development. The analysis must include, without limitation:
(I) A determination of whether the existing infrastructure is sufficient to sustain the current needs and projected growth of the community; and
(II) An inventory of available parcels that are suitable for residential development and any zoning, environmental and other land-use planning restrictions that affect such parcels.
(7) An analysis of the needs and appropriate methods for the construction of affordable housing or the conversion or rehabilitation of existing housing to affordable housing.
(8) A plan for maintaining and developing affordable housing to meet the housing needs of the community for a period of at least 5 years.
(d) A land use element, which must include:
(1) Provisions concerning community design, including standards and principles governing the subdivision of land and suggestive patterns for community design and development.
κ2021 Statutes of Nevada, Page 1986 (CHAPTER 333, SB 297)κ
(2) A land use plan, including an inventory and classification of types of natural land and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land. The land use plan:
(I) Must, if applicable, address mixed-use development, transit-oriented development, master-planned communities and gaming enterprise districts. The land use plan must also, if applicable, address the coordination and compatibility of land uses with any military installation in the city, county or region, taking into account the location, purpose and stated mission of the military installation.
(II) May include a provision concerning the acquisition and use of land that is under federal management within the city, county or region, including, without limitation, a plan or statement of policy prepared pursuant to NRS 321.7355.
(3) In any county whose population is 700,000 or more, a rural neighborhoods preservation plan showing general plans to preserve the character and density of rural neighborhoods.
(e) A public facilities and services element, which must include:
(1) An economic plan showing recommended schedules for the allocation and expenditure of public money to provide for the economical and timely execution of the various components of the plan.
(2) A population plan setting forth an estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.
(3) An aboveground utility plan that shows corridors designated for the construction of aboveground utilities and complies with the provisions of NRS 278.165.
(4) Provisions concerning public buildings showing the locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.
(5) Provisions concerning public services and facilities showing general plans for sewage, drainage and utilities, and rights-of-way, easements and facilities therefor, including, without limitation, any utility projects required to be reported pursuant to NRS 278.145. If a public utility which provides electric service notifies the planning commission that a new transmission line or substation will be required to support the master plan, those facilities must be included in the master plan. The utility is not required to obtain an easement for any such transmission line as a prerequisite to the inclusion of the transmission line in the master plan.
(6) A school facilities plan showing the general locations of current and future school facilities based upon information furnished by the appropriate county school district.
(f) A recreation and open space element, which must include a recreation plan showing a comprehensive system of recreation areas, including, without limitation, natural reservations, parks, parkways, trails, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.
(g) A safety element, which must include:
(1) In any county whose population is 700,000 or more, a safety plan identifying potential types of natural and man-made hazards, including, without limitation, hazards from floods, landslides or fires, or resulting from the manufacture, storage, transfer or use of bulk quantities of hazardous materials.
κ2021 Statutes of Nevada, Page 1987 (CHAPTER 333, SB 297)κ
the manufacture, storage, transfer or use of bulk quantities of hazardous materials. The safety plan may set forth policies for avoiding or minimizing the risks from those hazards.
(2) A seismic safety plan consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.
(h) A transportation element, which must include:
(1) A streets and highways plan showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of naming or numbering streets and numbering houses, with recommendations concerning proposed changes.
(2) A transit plan showing a proposed multimodal system of transit lines, including mass transit, streetcar, motorcoach and trolley coach lines, paths for bicycles and pedestrians, satellite parking and related facilities.
(3) A transportation plan showing a comprehensive transportation system, including, without limitation, locations of rights-of-way, terminals, viaducts and grade separations. The transportation plan may also include port, harbor, aviation and related facilities.
(i) An urban agricultural element, which must include a plan to inventory any vacant lands or other real property owned by the city or county and blighted land in the city or county to determine whether such lands are suitable for urban farming and gardening. The plan to inventory any vacant lands or other real property may include, without limitation, any other real property in the city or county, as deemed appropriate by the commission.
2. The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other elements as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630, inclusive, prohibits the preparation and adoption of any such element as a part of the master plan.
Sec. 2. NRS 232.4968 is hereby amended to read as follows:
232.4968 The Council on Food Security created by NRS 232.4966 shall:
1. Develop, coordinate and implement a food system that will:
(a) Partner with initiatives in economic development and social determinants of health;
(b) Increase access to improved food resource programs;
(c) Increase participation in federal nutrition programs by eligible households; and
(d) Increase capacity to produce, process, distribute and purchase food in an affordable and sustainable manner.
2. Research and develop recommendations on community gardens and urban farms, which must include, without limitation:
(a) Examinations of:
(1) Local and regional efforts to develop community gardens and urban farms;
(2) Regulatory and policy barriers to the development of community gardens and urban farms; and
(3) The potential effects of community gardens and urban farms on economic development in this State; and
(b) Recommendations to:
κ2021 Statutes of Nevada, Page 1988 (CHAPTER 333, SB 297)κ
(1) Promote the use of community gardens and urban farms in this State;
(2) Strengthen local infrastructure for community gardens and urban farms; and
(3) Promote entrepreneurial efforts to develop community gardens and urban farms.
3. Hold public hearings to receive public comment and to discuss issues related to food security in this State.
[3.] 4. Serve as a clearinghouse for the review and approval of any events or projects initiated in the name of the Plan.
[4.] 5. Review and comment on any proposed federal, state or local legislation and regulation that would affect the food policy system of this State.
[5.] 6. Advise and inform the Governor on the food policy of this State.
[6.] 7. Review grant proposals and alternative funding sources as requested by the Director to provide recommendations for funding the Plan.
[7.] 8. Develop new resources related to the Plan.
[8.] 9. Advise, assist and make recommendations to the Director for the creation and administration of the Program.
[9.] 10. On or before January 31 of each year submit an annual report to the Director and the Director of the Legislative Counsel Bureau concerning the accomplishments and recommendations of the Council concerning food security [.] , including, without limitation, any recommendations concerning community gardens and urban farms.
Sec. 3. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An owner of real property who intends to allow the real property, including, without limitation, land or improvements on the real property, to be used as a community garden or urban farm may submit a request to the board of county commissioners of the county in which the real property is located for a partial abatement of the ad valorem taxes imposed pursuant to chapter 361 of NRS for the parcel on which the community garden or urban farm is located. If the real property is located in a city, the application must include, without limitation, proof that the governing body of the city has issued any necessary approvals for the use of the real property as a community garden or urban farm.
2. If the board of county commissioners receives an application pursuant to subsection 1, the board must provide notification of the application to:
(a) The Chief of the Budget Division of the Office of Finance;
(b) The county assessor;
(c) The county treasurer; and
(d) The governing body of the city where the property is located, if applicable.
3. The board of county commissioners shall hold a public hearing on the application not less than 30 days after providing notification of the application pursuant to subsection 2 and may approve the application after the public hearing if:
(a) The applicant demonstrates that the property is suitable for use as a community garden or urban farm;
κ2021 Statutes of Nevada, Page 1989 (CHAPTER 333, SB 297)κ
(b) The applicant and the person operating the community garden or urban farm are willing and able to use the real property as a community garden or urban farm for a period of not less than 5 years; and
(c) The applicant enters into an agreement requiring the operation of the community garden or urban farm on the property for not less than 5 years beginning on the date of approval of the application.
4. If the board of county commissioners approves an application pursuant to this section, the applicant shall receive a partial abatement of the ad valorem taxes imposed pursuant to chapter 361 of NRS that is equal to 10 percent of the ad valorem taxes otherwise due for the parcel on which the community garden or urban farm is located for a period of 5 years, beginning on the July 1 of the fiscal year immediately following the date of approval of the application.
5. If the owner of real property receives a partial abatement of ad valorem taxes pursuant to this section, the owner shall record the approval of the abatement with the county recorder to ensure subsequent buyers have notice of the terms of the partial abatement.
6. If the real property of the person receiving the partial abatement pursuant to this section ceases to be used as a community garden or urban farm before the time specified in the agreement described in paragraph (c) of subsection 3 or the person ceases to comply with the terms of the agreement, the owner shall:
(a) Repay to the county treasurer the amount of the abatement that was authorized pursuant to this section before the date on which the property or person ceased to comply; and
(b) Pay the interest on the amount due pursuant to paragraph (a) at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last of the month following the period for which the payment would have been made had the abatement not been approved until the date of payment of the tax.
7. The board of county commissioners shall adopt an ordinance setting forth procedures to ensure the owner is complying with the terms of the agreement described in paragraph (c) of subsection 3 and continues to qualify for the partial abatement of ad valorem taxes. The procedures must provide, without limitation, for the county treasurer and county assessor to receive yearly notice as to whether the real property continues to qualify for the partial abatement or if the owner of the real property must be required to repay the abatement pursuant to subsection 6.
8. An owner may submit a new application for an abatement pursuant to this section after the expiration of the term of the abatement set forth in subsection 4.
Sec. 4. NRS 244.291 is hereby amended to read as follows:
244.291 1. A board of county commissioners may, by ordinance, authorize the use of vacant or blighted county land or other real property owned by the county for the purpose of community gardening or urban farming under such terms and conditions established for the use of the county land or real property set forth by the ordinance.
2. The ordinance adopted pursuant to subsection 1 may, without limitation:
[1.] (a) Establish fees for the use of the county land;
[2.] (b) Provide requirements for liability insurance; and
κ2021 Statutes of Nevada, Page 1990 (CHAPTER 333, SB 297)κ
[3.] (c) Provide requirements for a deposit to use the county land, which may be refunded.
3. The ordinance adopted pursuant to subsection 1:
(a) May provide that the board of county commissioners will prioritize the use of county land or other real property for community gardens and urban farms that:
(1) Hire at least a portion of the employees from residents of the local community;
(2) Provide training for members of the local community to participate in gardening or farming;
(3) Allow members of the local community to provide input on the foods grown in the community garden or urban farm;
(4) Collaborate with school garden programs in the surrounding community and encourage students from those school garden programs to participate in the community garden or urban farm; and
(5) Use sources of renewable energy, including, without limitation, solar energy, to operate the community garden or urban farm.
(b) Must require that any urban farm established using land made available pursuant to the ordinance adopt a policy for diversity, equity and inclusion.
4. In addition to adopting an ordinance pursuant to subsection 1, a board of county commissioners shall encourage in any other manner the development of community gardens and urban farms, including, without limitation, encouraging the use of any available existing federal, state or local resources, such as money, grants and tax incentives, for the development of community gardens and urban farms.
5. If a board of county commissioners owns a municipal water system or has an agreement with a water authority, water district or water system, the board of county commissioners may provide or the board may request that the water authority, district or system provide water at a wholesale or reduced rate to a community garden or urban farm established by ordinance pursuant to this section. Nothing in this subsection requires a municipal water system or a water authority to provide water to a community garden or urban farm at a wholesale or reduced rate.
Sec. 5. NRS 268.0191 is hereby amended to read as follows:
268.0191 1. The governing body of a city may authorize, by ordinance, the use of vacant or blighted city land or other real property for the purpose of community gardening or urban farming under such terms and conditions established for the use of the city land set forth by the ordinance. The ordinance may, without limitation:
[1.] (a) Establish fees for the use of the city land;
[2.] (b) Provide requirements for liability insurance; and
[3.] (c) Provide requirements for a deposit to use the city land, which may be refunded.
2. The ordinance adopted pursuant to subsection 1:
(a) May provide that the governing body of the city will prioritize the use of city land or other real property for community gardens and urban farms that:
(1) Hire at least a portion of the employees from residents of the local community;
(2) Provide training for members of the local community to participate in gardening or farming;
κ2021 Statutes of Nevada, Page 1991 (CHAPTER 333, SB 297)κ
(3) Allow members of the local community to provide input on the foods grown in the community garden or urban farm;
(4) Collaborate with school garden programs in the surrounding community and encourage students from those school garden programs to participate in the community garden or urban farm; and
(5) Use sources of renewable energy, including, without limitation, solar energy, to operate the community garden or urban farm.
(b) Must require that any urban farm established using land made available pursuant to the ordinance adopt a policy for diversity, equity and inclusion.
3. In addition to adopting an ordinance pursuant to subsection 1, the governing body of a city shall encourage in any other manner the development of community gardens and urban farms, including, without limitation, encouraging the use of any available existing federal, state or local resources, such as money, grants, and tax incentives, for the development of community gardens and urban farms.
4. If the governing body of a city owns a municipal water system or has an agreement with a water authority, water district or water system, the governing body of a city may or the governing body may request the water authority, district or system provide water at a wholesale or reduced rate to a community garden or urban farm established by ordinance pursuant to this section. Nothing in this subsection requires a municipal water system or a water authority to provide water to a community garden or urban farm at a wholesale or reduced rate.
Secs. 6-8 and 8.5. (Deleted by amendment.)
Sec. 9. NRS 405.110 is hereby amended to read as follows:
405.110 1. Except as otherwise provided in subsection 5, no advertising signs, signboards, boards or other materials containing advertising matter may:
(a) Except as otherwise provided in subsection 3, be placed upon or over any state highway.
(b) Except as otherwise provided in subsections 3 and 4, be placed within the highway right-of-way.
(c) Except as otherwise provided in subsection 3, be placed upon any bridge or other structure thereon.
(d) Be so situated with respect to any public highway as to obstruct clear vision of an intersecting highway or highways or otherwise so situated as to constitute a hazard upon or prevent the safe use of the state highway.
2. With the permission of the Department of Transportation, counties, towns or cities of this State may place at such points as are designated by the Director of the Department of Transportation suitable signboards advertising the counties, towns or municipalities.
3. A person may place an advertising sign, signboard, board or other material containing advertising matter in any airspace above a highway if:
(a) The Department of Transportation has leased the airspace to the person pursuant to subsection [2] 3 of NRS 408.507, the airspace is over an interstate highway and:
(1) The purpose of the sign, signboard, board or other material is to identify a commercial establishment that is entirely located within the airspace, services rendered, or goods produced or sold upon the commercial establishment or that the facility or property that is located within the airspace is for sale or lease; and
κ2021 Statutes of Nevada, Page 1992 (CHAPTER 333, SB 297)κ
(2) The size, location and design of the sign, signboard, board or other material and the quantity of signs, signboards, boards or other materials have been approved by the Department of Transportation; or
(b) The person owns real property adjacent to an interstate highway and:
(1) The person has dedicated to a public authority a fee or perpetual easement interest in at least 1 acre of the property for the construction or maintenance, or both, of the highway over which the person is placing the sign, signboard, board or other material and the person retained the air rights in the airspace above the property for which the person has dedicated the interest;
(2) The sign, signboard, board or other material is located in the airspace for which the person retained the air rights;
(3) The structure that supports the sign, signboard, board or other material is not located on the property for which the person dedicated the fee or easement interest to the public authority, and the public authority determines that the location of the structure does not create a traffic hazard; and
(4) The purpose of the sign, signboard, board or other material is to identify an establishment or activity that is located on the real property adjacent to the interstate highway, or services rendered or goods provided or sold on that property.
4. A tenant of a mobile home park may exhibit a political sign within a right-of-way of a state highway or road which is owned or controlled by the Department of Transportation if the tenant exhibits the sign within the boundary of the tenants lot and in accordance with the requirements and limitations set forth in NRS 118B.145. As used in this subsection, the term political sign has the meaning ascribed to it in NRS 118B.145.
5. The provisions of subsection 1 do not apply to any advertising, signs, signboards or other materials containing advertising matter located:
(a) On a bench or shelter for passengers of public mass transportation built pursuant to a franchise granted pursuant to NRS 244.187 and 244.188, 268.081 and 268.083, 269.128 and 269.129, or 277A.310 and 277A.330;
(b) On a monorail station; or
(c) On a touchdown structure if a public authority authorizes such advertising matter and the advertising matter is placed and maintained by a person who owns real property adjacent to the touchdown structure and who has:
(1) Dedicated the touchdown structure to the public authority or has granted a fee or perpetual easement to the public authority for the construction or maintenance of the touchdown structure; and
(2) Entered a written agreement with the public authority on terms and conditions acceptable to the public authority.
6. If any such sign is placed in violation of this section, it is thereby declared a public nuisance and may be removed forthwith by the Department of Transportation or the public authority.
7. Any person placing any such sign in violation of the provisions of this section shall be punished by a fine of not more than $250, and is also liable in damages for any injury or injuries incurred or for injury to or loss of property sustained by any person by reason of the violation.
8. If a franchisee receives revenues from an advertising sign, signboard, board or other material containing advertising matter authorized by subsection 1 and the franchisee is obligated to repay a bond issued by the State of Nevada, the franchisee shall use all revenue generated by the advertising sign, signboard, board or other material containing advertising matter authorized by subsection 1 to meet its obligations to the State of Nevada as set forth in the financing agreement and bond indenture, including, without limitation, the payment of operations and maintenance obligations, the funding of reserves and the payment of debt service.
κ2021 Statutes of Nevada, Page 1993 (CHAPTER 333, SB 297)κ
State of Nevada, the franchisee shall use all revenue generated by the advertising sign, signboard, board or other material containing advertising matter authorized by subsection 1 to meet its obligations to the State of Nevada as set forth in the financing agreement and bond indenture, including, without limitation, the payment of operations and maintenance obligations, the funding of reserves and the payment of debt service. To the extent that any surplus revenue remains after the payment of all such obligations, the surplus revenue must be used solely to repay the bond until the bond is repaid.
9. As used in this section:
(a) Monorail station means:
(1) A structure for the loading and unloading of passengers from a monorail for which a franchise has been granted pursuant to NRS 705.695 or an agreement has been entered into pursuant to NRS 705.695; and
(2) Any facilities or appurtenances within such a structure.
(b) Touchdown structure means a structure, connected to a pedestrian bridge, which houses an elevator.
Sec. 10. NRS 408.507 is hereby amended to read as follows:
408.507 1. [Real] Except as otherwise provided in subsection 2, real property held in fee or improvements on the property acquired by the Department in advance of the actual construction, reconstruction or improvement of highways or in order to avoid the payment of excessive damages, or held by the Department pending a determination in the future on its use or disposal may be leased or rented by the Department for fair market value in such manner and for such periods as are determined by the Director to be in the best interests of the State.
2. The Director may lease to a local government for $1 per year real property held in fee by the Department that has been acquired by the Department in advance of the actual construction, reconstruction or improvement of highways or held by the Department pending a determination in the future on its use or disposal if:
(a) Such real property will be used by the local government for a community garden or urban farm;
(b) The local government attests in writing that the local government will prioritize community gardens and urban farms that:
(1) Hire at least a portion of the employees from residents of the local community;
(2) Provide training for members of the local community to participate in gardening or farming;
(3) Allow members of the local community to provide input on the foods grown in the community garden or urban farm; and
(4) Collaborate with school garden programs in the surrounding community and encourage students from those school garden programs to participate in the community garden or urban farm; and
(c) Such real property will use sources of renewable energy, including, without limitation, solar energy, to operate the community garden or urban farm.
3. The Director may lease for fair market value space above and below the established grade line of the highway to state and public agencies and private persons in such manner and for such periods as the Director determines are in the best interest of the State, if:
κ2021 Statutes of Nevada, Page 1994 (CHAPTER 333, SB 297)κ
(a) The full use and safety of the highway will not be impaired;
(b) Vehicular or pedestrian access to that space will not be required or permitted from the established grade line; and
(c) The free flow of traffic on the highway is not interfered with in any way.
[3.] 4. All leases of an interest in real property entered into by the Department before April 1, 1985, are hereby ratified. All other leases entered into pursuant to subsection [2] 3 must be approved by the Board subject to the provisions of subsection [4.] 5.
[4.] 5. If the Department receives a proposal to negotiate a lease pursuant to subsection [2,] 3, it shall publish a notice in a newspaper of general circulation at least once a week for 2 weeks, stating that it has received the proposal and that it will receive other proposals for use of the space for 60 days after the completion of the publication. A copy of the notice must be mailed to each local governmental unit in the affected area. If the property is leased, it must be to the highest bidder for the space. The requirements for publication and notice do not apply if the proposal was received from an owner who controls the property on both sides of the highway.
[5.] 6. All money received for leases and rentals must be deposited with the State Treasurer to be credited to the State Highway Fund.
________
Senate Bill No. 416Committee on Finance
CHAPTER 334
[Approved: June 3, 2021]
AN ACT making appropriations to the Department of Taxation for the replacement of information technology hardware and software and printers; 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 Department of Taxation the sum of $146,822 for the replacement of computer hardware and software.
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.
κ2021 Statutes of Nevada, Page 1995 (CHAPTER 334, SB 416)κ
Sec. 2. 1. There is hereby appropriated from the State General Fund to the Department of Taxation the sum of $68,912 for the replacement of printers.
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. 3. 1. There is hereby appropriated from the State General Fund to the Department of Taxation the sum of $259,743 for the replacement of information technology hardware.
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. 4. 1. There is hereby appropriated from the State General Fund to the Department of Taxation the sum of $40,032 for the replacement of printers.
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. 5. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 1996κ
Senate Bill No. 417Committee on Finance
CHAPTER 335
[Approved: June 3, 2021]
AN ACT making appropriations to and authorizing expenditures of money by the Nevada Supreme Court for certain statewide technology systems for trial courts; 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 Nevada Supreme Court the sum of $1,336,800 for the initial implementation of a statewide E-filing solution for local trial courts.
2. Expenditure of $203,533 not appropriated from the State General Fund or State Highway Fund is hereby authorized during Fiscal Year 2021-2022 and Fiscal Year 2022-2023 by the Nevada Supreme Court for the same purpose as set forth in subsection 1.
3. 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. 2. 1. There is hereby appropriated from the State General Fund to the Nevada Supreme Court the sum of $1,290,292 for the initial implementation of a statewide case management system in the trial courts.
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. 3. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 1997κ
Senate Bill No. 457Committee on Finance
CHAPTER 336
[Approved: June 3, 2021]
AN ACT relating to the State Highway Fund; temporarily increasing the maximum amount of certain proceeds deposited in the State Highway Fund that may be used for the costs of administering the collection of those proceeds; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, all the proceeds from the imposition of any license or registration fee and other charges regarding the operation of a motor vehicle on any public highway, road or street in Nevada, except for the costs of administering the collection of those proceeds, are required to be deposited in the State Highway Fund and used exclusively for the construction, maintenance and repair of the States public highways. (Nev. Const. Art. 9, § 5; NRS 408.235) The maximum amount of such proceeds that may be used for the costs of administration is 22 percent. (NRS 408.235) Section 4.5 of this bill temporarily increases the maximum amount of the proceeds that may be used for the costs of administration from 22 percent to 27 percent for the period commencing on July 1, 2021, and ending on June 30, 2026.
Section 4.7 of this bill makes an appropriation to the Department of Motor Vehicles for the cost of issuing refunds of certain fees paid during Fiscal Year 2020-2021.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-4. (Deleted by amendment.)
Sec. 4.5. NRS 408.235 is hereby amended to read as follows:
408.235 1. There is hereby created the State Highway Fund.
2. Except as otherwise provided by a specific statute, the proceeds from the imposition of any:
(a) License or registration fee and other charges with respect to the operation of any motor vehicle upon any public highway, city, town or county road, street, alley or highway in this State; and
(b) Excise tax on gasoline or other motor vehicle fuel,
Κ must be deposited in the State Highway Fund and must, except for costs of administering the collection thereof, be used exclusively for the administration, construction, reconstruction, improvement and maintenance of highways as provided for in this chapter.
3. The interest and income earned on the money in the State Highway Fund, after deducting any applicable charges, must be credited to the Fund.
4. Costs of administration for the collection of the proceeds for any license or registration fees and other charges with respect to the operation of any motor vehicle must be limited to a sum not to exceed [22] 27 percent of the total proceeds so collected.
5. Costs of administration for the collection of any excise tax on gasoline or other motor vehicle fuel must be limited to a sum not to exceed 1 percent of the total proceeds so collected.
κ2021 Statutes of Nevada, Page 1998 (CHAPTER 336, SB 457)κ
6. All bills and charges against the State Highway Fund for administration, construction, reconstruction, improvement and maintenance of highways under the provisions of this chapter must be certified by the Director and must be presented to and examined by the State Board of Examiners. When allowed by the State Board of Examiners and upon being audited by the State Controller, the State Controller shall draw his or her warrant therefor upon the State Treasurer.
7. The money deposited in the State Highway Fund pursuant to NRS 244A.637 and 354.59815 must be maintained in a separate account for the county from which the money was received. The interest and income on the money in the account, after deducting any applicable charges, must be credited to the account. Any money remaining in the account at the end of each fiscal year does not revert to the State Highway Fund but must be carried over into the next fiscal year. The money in the account:
(a) Must be used exclusively for the construction, reconstruction, improvement and maintenance of highways in that county as provided for in this chapter;
(b) Must not be used to reduce or supplant the amount or percentage of any money which would otherwise be made available from the State Highway Fund for projects in that county; and
(c) Must not be used for any costs of administration or to purchase any equipment.
8. The money deposited in the State Highway Fund pursuant to NRS 482.313 must be maintained in a separate account. The interest and income on the money in the account, after deducting any applicable charges, must be credited to the account. Any money remaining in the account at the end of each fiscal year does not revert to the State Highway Fund but must be carried over into the next fiscal year. The money in the account:
(a) Must be used exclusively for the construction, reconstruction, improvement and maintenance of highways as provided for in this chapter; and
(b) Must not be used for any costs of administration or to purchase any equipment.
Sec. 4.7. 1. There is hereby appropriated from the State Highway Fund to the Department of Motor Vehicles the sum of $7,840,974 for the cost of issuing refunds of the technology fee imposed pursuant to sections 3 and 7 of chapter 394, Statutes of Nevada 2015, at pages 2211-13, as amended by chapter 400, Statutes of Nevada 2019, at pages 2501-02, which were paid during Fiscal Year 2020-2021.
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 Highway Fund on or before September 15, 2023.
Sec. 5. 1. This section and sections 1 to 4, inclusive, and 4.7 of this act become effective upon passage and approval.
κ2021 Statutes of Nevada, Page 1999 (CHAPTER 336, SB 457)κ
2. Section 4.5 of this act becomes effective on July 1, 2021, and expires by limitation on June 30, 2026.
________
Senate Bill No. 428Committee on Finance
CHAPTER 337
[Approved: June 3, 2021]
AN ACT making appropriations to the Nevada Highway Patrol Division of the Department of Public Safety for the replacement of vehicles and motorcycles and certain equipment; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State Highway Fund to the Nevada Highway Patrol Division of the Department of Public Safety the sum of $10,433,390 for the replacement of fleet vehicles and associated special equipment.
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 Highway Fund on or before September 15, 2023.
Sec. 2. 1. There is hereby appropriated from the State Highway Fund to the Nevada Highway Patrol Division of the Department of Public Safety the sum of $278,772 for the replacement of fleet motorcycles and associated special equipment.
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 Highway Fund on or before September 15, 2023.
Sec. 3. (Deleted by amendment.)
Sec. 4. 1. There is hereby appropriated from the State Highway Fund to the Nevada Highway Patrol Division of the Department of Public Safety the sum of $1,211,984 for the replacement of mobile data computer tablets.
κ2021 Statutes of Nevada, Page 2000 (CHAPTER 337, SB 428)κ
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 Highway Fund on or before September 15, 2023.
Sec. 5. 1. There is hereby appropriated from the State Highway Fund to the Nevada Highway Patrol Division of the Department of Public Safety the sum of $238,989 for equipment items for the Divisions multidisciplinary investigation and reconstruction teams.
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 Highway Fund on or before September 15, 2023.
Sec. 6. 1. There is hereby appropriated from the State Highway Fund to the Nevada Highway Patrol Division of the Department of Public Safety the sum of $143,043 for the replacement of printers and associated mobile adapters.
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 Highway Fund on or before September 15, 2023.
Sec. 7. 1. There is hereby appropriated from the State Highway Fund to the Nevada Highway Patrol Division of the Department of Public Safety the sum of $198,050 for the replacement of computer hardware and software.
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 Highway Fund on or before September 15, 2023.
Sec. 8. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2001κ
Senate Bill No. 431Committee on Finance
CHAPTER 338
[Approved: June 3, 2021]
AN ACT making appropriations to and authorizing expenditures of money by the Nevada Supreme Court for the replacement of computer hardware and software; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Expenditure of $64,353 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2021-2022 and Fiscal Year 2022-2023 by the Nevada Supreme Court from the Administrative Office of the Courts budget account for the replacement of computer hardware and software.
Sec. 2. 1. There is hereby appropriated from the State General Fund to the Nevada Supreme Court the sum of $13,652 for the Judicial Programs and Services Division budget account for the replacement of computer hardware and software.
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. 3. Expenditure of $19,503 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2021-2022 and Fiscal Year 2022-2023 by the Nevada Supreme Court from the Uniform System of Judicial Records budget account for the replacement of computer hardware and software.
Sec. 4. Expenditure of $7,802 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2021-2022 and Fiscal Year 2022-2023 by the Nevada Supreme Court from the Judicial Education budget account for the replacement of computer hardware and software.
Sec. 5. 1. There is hereby appropriated from the State General Fund to the Nevada Supreme Court the sum of $42,903 for the Court of Appeals budget account for the replacement of computer hardware and software.
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.
κ2021 Statutes of Nevada, Page 2002 (CHAPTER 338, SB 431)κ
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. 6. 1. There is hereby appropriated from the State General Fund to the Nevada Supreme Court the sum of $164,801 for the Supreme Court budget account for the replacement of computer hardware and software.
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. 7. Expenditure of $1,952 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2021-2022 and Fiscal Year 2022-2023 by the Nevada Supreme Court from the Specialty Court budget account for the replacement of computer hardware and software.
Sec. 8. 1. There is hereby appropriated from the State General Fund to the Nevada Supreme Court the sum of $9,753 for the Supreme Court Law Library budget account for the replacement of computer hardware and software.
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. 9. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2003κ
Senate Bill No. 435Committee on Finance
CHAPTER 339
[Approved: June 3, 2021]
AN ACT making appropriations to the Office of Finance in the Office of the Governor for the costs associated with the replacement of the Advantage Financial and Human Resources System with the Enterprise Resource Planning System and furnishings for the operations center for the System; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor the sum of $23,567,659 for the costs associated with the replacement of the Advantage Financial and Human Resources System with the Enterprise Resource Planning System.
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. 2. 1. There is hereby appropriated from the State Highway Fund to the Office of Finance in the Office of the Governor the sum of $5,615,901 for the costs associated with the replacement of the Advantage Financial and Human Resources System with the Enterprise Resource Planning System.
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 Highway Fund on or before September 15, 2023.
κ2021 Statutes of Nevada, Page 2004 (CHAPTER 339, SB 435)κ
was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 15, 2023.
Sec. 3. 1. There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor the sum of $32,055 for the costs of furnishings for the operations center for the Enterprise Resource Planning System.
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. 4. 1. There is hereby appropriated from the State Highway Fund to the Office of Finance in the Office of the Governor the sum of $7,519 for the costs of furnishings for the operations center for the Enterprise Resource Planning System.
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 Highway Fund on or before September 15, 2023.
Sec. 5. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2005κ
Senate Bill No. 438Committee on Natural Resources
CHAPTER 340
[Approved: June 3, 2021]
AN ACT relating to food; providing that the State Department of Agriculture adopts by reference certain federal regulations; requiring the Department to perform certain inspections to ensure compliance with such federal regulations; requiring the State Quarantine Officer to issue certain orders in certain situations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Federal regulations set forth various standards for the growing, harvesting, packing and holding of produce that is intended for human consumption. (21 C.F.R. Part 112) Federal regulations provide that the United States Food and Drug Administration will coordinate with state, territorial, tribal and local officials for the education, training and enforcement of the federal regulations. (21 C.F.R. § 112.193) This bill provides that the State Department of Agriculture adopts by reference these federal regulations and further requires the Department to perform inspections of farms that are required to comply with the federal regulations. This bill requires the State Quarantine Officer to issue an order to cease and desist and an order to recall produce, if appropriate, to a person who: (1) conducts operations that provide produce which create an immediate food safety risk in violation of the federal regulations; or (2) fails to resolve repeated violations of the federal regulations. This bill authorizes the Department to adopt regulations to carry out these duties.
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 583 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Department hereby adopts by reference the provisions of 21 C.F.R. Part 112:
(a) For the purpose set forth in subsection 2; and
(b) In the form most recently published, unless the Department gives notice that the most recent revision is not suitable for this State.
2. Pursuant to 21 C.F.R. Part 112, the Department shall perform inspections of farms that are required to comply with 21 C.F.R. Part 112.
3. The State Quarantine Officer shall issue an order to cease and desist and an order to recall produce, if appropriate, to a person who:
(a) Conducts operations that provide produce which create an immediate food safety risk in violation of 21 C.F.R. Part 112; or
(b) Fails to resolve repeated violations of 21 C.F.R. Part 112.
4. The Department may adopt regulations to carry out the provisions of this section.
κ2021 Statutes of Nevada, Page 2006 (CHAPTER 340, SB 438)κ
Sec. 2. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after March 22, 2021.
Sec. 3. This act becomes effective on July 1, 2021.
________
Senate Bill No. 432Committee on Finance
CHAPTER 341
[Approved: June 3, 2021]
AN ACT making appropriations to and authorizing expenditures by the Office of the Military for maintenance projects at certain facilities and the replacement of computer hardware and software, certain equipment and shop tools; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Office of the Military the sum of $530,024 for maintenance projects at certain Nevada Army National Guard facilities.
2. Expenditure of $741,824 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2021-2022 and Fiscal Year 2022-2023 by the Office of the Military for the same purpose as set forth in subsection 1.
3. 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. 2. 1. There is hereby appropriated from the State General Fund to the Office of the Military the sum of $39,750 for the replacement of computer hardware and software.
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.
κ2021 Statutes of Nevada, Page 2007 (CHAPTER 341, SB 432)κ
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. 3. 1. There is hereby appropriated from the State General Fund to the Office of the Military the sum of $43,180 for the replacement of equipment and shop tools.
2. Expenditure of $84,872 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2021-2022 and Fiscal Year 2022-2023 by the Office of the Military for the same purpose as set forth in subsection 1.
3. 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. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 441Committee on Finance
CHAPTER 342
[Approved: June 3, 2021]
AN ACT relating to taxation; revising provisions governing the issuance of permits for sellers of tangible personal property; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires every person who desires to engage in or conduct business as a seller of tangible personal property in this State to: (1) register with the Department of Taxation or file an application with the Department; and (2) pay a fee of $5 for a permit for each of the taxes imposed by the Sales and Use Tax Act, the Local School Support Tax Law and the City-County Relief Tax Law and for each place of business, which results in a fee of $15 for a permit. (NRS 372.125, 372.130, 374.130, 377.040) Sections 5.5-10 and 21 of this bill maintain the existing fee and move the provisions of law governing the issuance, suspension and revocation of a sellers permit from the Sales and Use Tax Act and the Local School Support Tax Law, which are currently placed in chapters 372 and 374 of the Nevada Revised Statutes, and places those provisions in a single location in chapter 360 of the Nevada Revised Statutes. Section 5.5 of this bill defines terms relating to sellers permits.
Sections 7 and 9 of this bill provide for the disposition of the fees collected for the issuance of sellers permits in the same manner as the existing fees are distributed.
Sections 11-19 of this bill make conforming changes to reflect the movement of the provisions of law governing the issuance of sellers permits to chapter 360 of the Nevada Revised Statutes.
Section 20 of this bill makes conforming changes to provide that the provisions of this bill do not affect permits issued before the effective date of this bill.
κ2021 Statutes of Nevada, Page 2008 (CHAPTER 342, SB 441)κ
EXPLANATION Matter in bolded italics is new; matter between brackets
[omitted
material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-4. (Deleted by amendment.)
Sec. 5. Chapter 360 of NRS is hereby amended by adding thereto the provisions set forth as sections 5.5 to 10, inclusive, of this act.
Sec. 5.5. As used in sections 5.5 to 10, inclusive, of this act, unless the context otherwise requires:
1. Business includes any activity engaged in by any person or caused to be engaged in by any person with the object of gain, benefit or advantage, either direct or indirect.
2. Person includes any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, trustee, syndicate, cooperative, assignee or any other group or combination acting as a unit, but shall not include the United States, this State or any agency thereof, or any city, county, district or other political subdivision of this State.
3. Retail sale has the meaning ascribed to it in NRS 372.050.
4. Seller includes every person engaged in the business of selling tangible personal property of any kind, the gross receipts from the retail sale of which are required to be included in the measure of the sales tax imposed by NRS 372.105 or 372.185 or an ordinance enacted pursuant to NRS 377.030.
5. Tangible personal property has the meaning ascribed to it in NRS 372.085.
Sec. 6. 1. Every person desiring to engage in or conduct business as a seller within this State must:
(a) Register with the Department pursuant to NRS 360B.200; or
(b) File with the Department an application for a permit for each place of business.
2. Every application for a permit must:
(a) Be made upon a form prescribed by the Department.
(b) Set forth the name under which the applicant transacts or intends to transact business and the location of the applicants place or places of business.
(c) Set forth any other information which the Department may require.
(d) Be signed by:
(1) The owner if he or she is a natural person;
(2) A member or partner if the seller is an association or partnership; or
(3) An executive officer or some person specifically authorized to sign the application if the seller is a corporation. Written evidence of the signers authority must be attached to the application.
Sec. 7. 1. At the time of making an application for a permit pursuant to section 6 of this act, the applicant must pay to the Department a fee of $15 for each permit.
2. From each fee collected pursuant to subsection 1:
(a) Five dollars of the fee shall be distributed in the same manner as fees are distributed pursuant to NRS 372.780;
(b) Five dollars of the fee shall be distributed in the same manner as fees are distributed pursuant to NRS 374.785; and
κ2021 Statutes of Nevada, Page 2009 (CHAPTER 342, SB 441)κ
(c) Five dollars of the fee shall be distributed in the same manner as fees which derive from the basic city-county relief tax collected in the same county in which the fee pursuant to subsection 1 was collected, as provided in NRS 377.050, 377.055 and 377.057.
Sec. 8. 1. Except as otherwise provided in NRS 360.205 and section 10 of this act, after compliance with sections 6 and 7 of this act and NRS 372.510 and 374.515 by an applicant for a permit, the Department shall:
(a) Grant and issue to the applicant a separate permit for each place of business within the county.
(b) Provide the applicant with a full, written explanation of the liability of the applicant for the collection and payment of the taxes imposed by chapters 372, 374 and 377 of NRS. The explanation required by this paragraph:
(1) Must include the procedures for the collection and payment of the taxes that are specifically applicable to the type of business conducted by the applicant, including, without limitation, and when appropriate:
(I) An explanation of the circumstances under which a service provided by the applicant is taxable;
(II) The procedures for administering exemptions; and
(III) The circumstances under which charges for freight are taxable.
(2) Is in addition to, and not in lieu of, the instructions and information required to be provided by NRS 360.2925.
2. A permit is not assignable and is valid only for the person in whose name it is issued and for the transaction of business at the place designated therein. A permit must at all times be conspicuously displayed at the place for which it is issued.
Sec. 9. A seller whose permit has been previously suspended or revoked shall pay the Department a fee of $15 for the issuance of a permit. This fee shall be distributed in the same manner as the fees collected pursuant to section 7 of this act.
Sec. 10. 1. Whenever any person fails to comply with any provision of chapter 372, 374 or 377 of NRS relating to the taxes imposed by those chapters or any regulation of the Department relating to the taxes imposed by chapters 372, 374 and 377 of NRS, the Department, after a hearing of which the person was given prior notice of at least 10 days in writing specifying the time and place of the hearing and requiring the person to show cause as to why his or her permit or permits should not be revoked, may revoke or suspend any one or more of the permits held by the person.
2. The Department shall give to the person written notice of the suspension or revocation of any of his or her permits.
3. The notices may be served personally or by mail in the manner prescribed for service of notice of a deficiency determination.
4. The Department shall not issue a new permit after the revocation of a permit unless it is satisfied that the former holder of the permit will comply with the provisions of chapters 372, 374 and 377 of NRS relating to the taxes imposed by those chapters and the regulations of the Department.
Sec. 11. NRS 372.123 is hereby amended to read as follows:
372.123 1. If the State or a political subdivision of the State enters into a contract pursuant to chapter 332 or 333 of NRS on or after June 5, 2001, with a person who:
κ2021 Statutes of Nevada, Page 2010 (CHAPTER 342, SB 441)κ
(a) Sells tangible personal property in this State; and
(b) Has not obtained a permit pursuant to [NRS 372.125] section 6 of this act or registered pursuant to NRS 360B.200,
Κ the contract must include a provision requiring the person to obtain a permit pursuant to [NRS 372.125] section 6 of this act or to register pursuant to NRS 360B.200, and to collect and pay the taxes imposed pursuant to this chapter on the sale of tangible personal property in this State. For the purposes of a permit obtained pursuant to [NRS 372.125,] section 6 of this act, the person shall be deemed to have a single place of business in this State.
2. The Department may require a state agency or local government to submit such documentation as is necessary to ensure compliance with this section.
Sec. 12. NRS 372.155 is hereby amended to read as follows:
372.155 1. For the purpose of the proper administration of this chapter and to prevent evasion of the sales tax, it is presumed that all gross receipts are subject to the tax until the contrary is established. The burden of proving that a sale of tangible personal property is not a sale at retail is upon the person who makes the sale unless the person takes from the purchaser a certificate to the effect that the property is purchased for resale and the purchaser:
(a) Is engaged in the business of selling tangible personal property;
(b) Is registered pursuant to NRS 360B.200 or holds a permit issued pursuant to [NRS 372.135;] section 8 of this act; and
(c) At the time of purchasing the property, intends to sell it in the regular course of business or is unable to ascertain at the time of purchase whether the property will be sold or will be used for some other purpose.
2. If a sale of tangible personal property is transacted by drop shipment, the third-party vendor is relieved of the burden of proving that the sale is not a sale at retail if:
(a) The third-party vendor:
(1) Takes from his or her customer a certificate to the effect that the property is purchased for resale; or
(2) Obtains any other evidence acceptable to the Department that the property is purchased for resale; and
(b) His or her customer:
(1) Is engaged in the business of selling tangible personal property; and
(2) Is selling the property in the regular course of business.
Sec. 13. NRS 372.225 is hereby amended to read as follows:
372.225 1. For the purpose of the proper administration of this chapter and to prevent evasion of the use tax and the duty to collect the use tax, it is presumed that tangible personal property sold by any person for delivery in this State is sold for storage, use or other consumption in this State until the contrary is established. The burden of proving the contrary is upon the person who makes the sale unless the person takes from the purchaser a certificate to the effect that the property is purchased for resale and the purchaser:
(a) Is engaged in the business of selling tangible personal property;
(b) Is registered pursuant to NRS 360B.200 or holds a permit issued pursuant to [NRS 372.135;] section 8 of this act; and
κ2021 Statutes of Nevada, Page 2011 (CHAPTER 342, SB 441)κ
(c) At the time of purchasing the property, intends to sell it in the regular course of business or is unable to ascertain at the time of purchase whether the property will be sold or will be used for some other purpose.
2. If a sale of tangible personal property is transacted by drop shipment, the third-party vendor is relieved of the burden of proving that the property is sold for storage, use or other consumption in this State if:
(a) The third-party vendor:
(1) Takes from his or her customer a certificate to the effect that the property is purchased for resale; or
(2) Obtains any other evidence acceptable to the Department that the property is purchased for resale; and
(b) His or her customer:
(1) Is engaged in the business of selling tangible personal property; and
(2) Is selling the property in the regular course of business.
Sec. 14. NRS 372.740 is hereby amended to read as follows:
372.740 1. The Department, or any person authorized in writing by it, may examine the books, papers, records and equipment of any person selling tangible personal property and any person liable for the use tax and may investigate the character of the business of the person to verify the accuracy of any return made, or, if no return is made by the person, to ascertain and determine the amount required to be paid.
2. Any person selling or purchasing tangible personal property in this State who:
(a) Is required to:
(1) Obtain a permit pursuant to [NRS 372.125] section 6 of this act or register pursuant to NRS 360B.200; or
(2) File a return pursuant to subsection 2 of NRS 372.360; and
(b) Keeps outside of this State his or her records, receipts, invoices and other documents relating to sales the person has made or the use tax due this State,
Κ 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.
Sec. 15. NRS 372.751 is hereby amended to read as follows:
372.751 1. Except as otherwise provided in this section and NRS 372.752, the provisions of this chapter relating to the imposition, collection and remittance of the sales tax, and the collection and remittance of the use tax, apply to a marketplace facilitator during a calendar year in which or during a calendar year immediately following any calendar year in which:
(a) The cumulative gross receipts from retail sales made or facilitated by the marketplace facilitator on its own behalf or for one or more marketplace sellers to customers in this State exceed $100,000; or
(b) The marketplace facilitator makes or facilitates 200 or more separate retail sales transactions on his or her own behalf or for one or more marketplace sellers to customers in this State.
2. The provisions of this chapter relating to the imposition, collection and remittance of sales tax and the collection and remittance of use tax do not apply to a marketplace facilitator described in subsection 1 if:
(a) The marketplace facilitator and the marketplace seller have entered into a written agreement whereby the marketplace seller assumes responsibility for the collection and remittance of the sales tax, and the collection and remittance of the use tax, for retail sales made by the marketplace seller through the marketplace facilitator; and
κ2021 Statutes of Nevada, Page 2012 (CHAPTER 342, SB 441)κ
responsibility for the collection and remittance of the sales tax, and the collection and remittance of the use tax, for retail sales made by the marketplace seller through the marketplace facilitator; and
(b) The marketplace seller has obtained a permit pursuant to [NRS 372.125] section 6 of this act or registered pursuant to NRS 360B.200.
Κ Upon request of the Department, a marketplace facilitator shall provide to the Department a report containing the name of each marketplace seller with whom the marketplace facilitator has entered into an agreement pursuant to this subsection and such other information as the Department determines is necessary to ensure that each marketplace seller with whom the marketplace facilitator has entered into an agreement pursuant to this subsection has obtained a permit pursuant to [NRS 372.125] section 6 of this act or registered pursuant to NRS 360B.200.
3. Except as otherwise provided in this section and NRS 372.752, the provisions of subsection 1 apply regardless of whether:
(a) The marketplace seller for whom a marketplace facilitator makes or facilitates a retail sale would not have been required to collect and remit the sales tax or the use tax had the retail sale not been facilitated by the marketplace facilitator;
(b) The marketplace seller for whom a marketplace facilitator makes or facilitates a retail sale was required to register with the Department pursuant to NRS 360B.200 or obtain a permit pursuant to [NRS 372.125;] section 6 of this act; or
(c) The amount of the sales price of a retail sale will ultimately accrue to or benefit the marketplace facilitator, the marketplace seller or any other person.
4. In administering the provisions of this chapter, the Department shall construe the terms seller, retailer and retailer maintaining a place of business in this State in accordance with the provisions of this section.
Sec. 16. NRS 374.128 is hereby amended to read as follows:
374.128 1. If the State or a political subdivision of the State enters into a contract pursuant to chapter 332 or 333 of NRS on or after June 5, 2001, with a person who:
(a) Sells tangible personal property in this State; and
(b) Has not obtained a permit pursuant to [NRS 374.130] section 6 of this act or registered pursuant to NRS 360B.200,
Κ the contract must include a provision requiring the person to obtain a permit pursuant to [NRS 374.130] section 6 of this act or to register pursuant to NRS 360B.200, and to collect and pay the taxes imposed pursuant to this chapter on the sale of tangible personal property in any county in this State. For the purposes of a permit obtained pursuant to [NRS 374.130,] section 6 of this act, the person shall be deemed to have a place of business in each county in this State, but shall pay the fee for a single permit.
2. The Department may require a state agency or local government to submit such documentation as is necessary to ensure compliance with this section.
Sec. 17. NRS 374.160 is hereby amended to read as follows:
374.160 1. For the purpose of the proper administration of this chapter and to prevent evasion of the sales tax it is presumed that all gross receipts are subject to the tax until the contrary is established. The burden of proving that a sale of tangible personal property is not a sale at retail is upon the person who makes the sale unless the person takes from the purchaser a certificate to the effect that the property is purchased for resale and the purchaser:
κ2021 Statutes of Nevada, Page 2013 (CHAPTER 342, SB 441)κ
(a) Is engaged in the business of selling tangible personal property;
(b) Is registered pursuant to NRS 360B.200 or holds a permit issued pursuant to [NRS 374.140;] and section 8 of this act; and
(c) At the time of purchasing the property, intends to sell it in the regular course of business or is unable to ascertain at the time of purchase whether the property will be sold or will be used for some other purpose.
2. If a sale of tangible personal property is transacted by drop shipment, the third-party vendor is relieved of the burden of proving that the sale is not a sale at retail if:
(a) The third-party vendor:
(1) Takes from his or her customer a certificate to the effect that the property is purchased for resale; or
(2) Obtains any other evidence acceptable to the Department that the property is purchased for resale; and
(b) His or her customer:
(1) Is engaged in the business of selling tangible personal property; and
(2) Is selling the property in the regular course of business.
Sec. 18. NRS 374.230 is hereby amended to read as follows:
374.230 1. For the purpose of the proper administration of this chapter and to prevent evasion of the use tax and the duty to collect the use tax, it is presumed that tangible personal property sold by any person for delivery in a county is sold for storage, use or other consumption in the county until the contrary is established. The burden of proving the contrary is upon the person who makes the sale unless the person takes from the purchaser a certificate to the effect that the property is purchased for resale and the purchaser:
(a) Is engaged in the business of selling tangible personal property;
(b) Is registered pursuant to NRS 360B.200 or holds a permit issued pursuant to [NRS 374.140;] section 8 of this act; and
(c) At the time of purchasing the property, intends to sell it in the regular course of business or is unable to ascertain at the time of purchase whether the property will be sold or will be used for some other purpose.
2. If a sale of tangible personal property is transacted by drop shipment, the third-party vendor is relieved of the burden of proving that the property is sold for storage, use or other consumption in this State if:
(a) The third-party vendor:
(1) Takes from his or her customer a certificate to the effect that the property is purchased for resale; or
(2) Obtains any other evidence acceptable to the Department that the property is purchased for resale; and
(b) His or her customer:
(1) Is engaged in the business of selling tangible personal property; and
(2) Is selling the property in the regular course of business.
Sec. 19. NRS 374.756 is hereby amended to read as follows:
374.756 1. Except as otherwise provided in this section and NRS 374.757, the provisions of this chapter relating to the imposition, collection and remittance of the sales tax, and the collection and remittance of the use tax, apply to a marketplace facilitator during a calendar year in which, or during a calendar year immediately following any calendar year in which:
(a) The cumulative gross receipts from retail sales made or facilitated by the marketplace facilitator on his or her own behalf or for one or more marketplace sellers to customers in this State exceed $100,000; or
κ2021 Statutes of Nevada, Page 2014 (CHAPTER 342, SB 441)κ
(b) The marketplace facilitator makes or facilitates 200 or more separate retail sales transactions on his or her own behalf or for one or more marketplace sellers to customers in this State.
2. The provisions of this chapter relating to the imposition, collection and remittance of the sales tax, and the collection and remittance of the use tax do not apply to a marketplace facilitator described in subsection 1 if:
(a) The marketplace facilitator and the marketplace seller have entered into a written agreement whereby the marketplace seller assumes responsibility for the collection and remittance of the sales tax, and the collection and remittance of the use tax for retail sales made by the marketplace seller through the marketplace facilitator; and
(b) The marketplace seller has obtained a permit pursuant to [NRS 374.130] section 6 of this act or registered pursuant to NRS 360B.200.
Κ Upon request of the Department, a marketplace facilitator shall provide to the Department a report containing the name of each marketplace seller with whom the marketplace facilitator has entered into an agreement pursuant to this subsection and such other information as the Department determines is necessary to ensure that each marketplace seller with whom the marketplace facilitator has entered into an agreement pursuant to this subsection has obtained a permit pursuant to [NRS 374.130] section 6 of this act or registered pursuant to NRS 360B.200.
3. Except as otherwise provided in this section and NRS 374.757, the provisions of subsection 1 apply regardless of whether:
(a) The marketplace seller for whom a marketplace facilitator makes or facilitates a retail sale would not have been required to collect and remit the sales tax or use tax had the retail sale not been facilitated by the marketplace facilitator.
(b) The marketplace seller for whom a marketplace facilitator makes or facilitates a retail sale was required to register with the Department pursuant to NRS 360B.200 or obtain a permit pursuant to [NRS 374.130.] section 6 of this act.
(c) The amount of the sales price of a retail sale will ultimately accrue to or benefit the marketplace facilitator, the marketplace seller or any other person.
4. In administering the provisions of this chapter, the Department shall construe the terms seller, retailer and retailer maintaining a place of business in this State in accordance with the provisions of this section.
Sec. 20. A permit issued pursuant to NRS 372.135 or 374.140, or pursuant to an ordinance adopted pursuant to NRS 377.030, before October 1, 2021, remains in effect following October 1, 2021, and is subject to the provisions of sections 5.5 to 10, inclusive, of this act, in the same manner as a permit issued pursuant to section 8 of this act.
Sec. 21. NRS 372.125, 372.130, 372.135, 372.140, 372.145, 374.130, 374.135, 374.140, 374.145 and 374.150 are hereby repealed.
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κ2021 Statutes of Nevada, Page 2015κ
Senate Bill No. 442Committee on Finance
CHAPTER 343
[Approved: June 3, 2021]
AN ACT relating to energy; prohibiting the Director of the Office of Energy from altering or amending the Green Building Rating System after a certain date; prohibiting the Director from accepting new applications for property tax abatements for certain buildings and structures which meet certain energy efficiency standards; prospectively eliminating the requirements for the Director to adopt a Green Building Ratings System and grant such property tax abatements; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Director of the Office of Energy to grant a partial abatement of certain property taxes for a building or other structure that meets certain energy efficiency standards under the Green Building Rating System adopted by the Director. (NRS 701A.100, 701A.110) This bill prospectively eliminates the requirement to grant such a partial abatement. Section 2 of this bill prohibits the Director from accepting an application for the partial tax abatement on or after July 1, 2021. Section 1 of this bill prohibits the Director from altering or amending the Green Building Rating System after July 1, 2021, and requires that the standards and ratings in effect on that date remain in effect.
Section 3 of this bill prospectively eliminates the requirements for the Director to: (1) adopt a Green Building Rating System; and (2) grant a partial abatement of property taxes for the construction of a building or other structure that meets certain energy efficiency standards. Section 4 of this bill provides that the elimination of these requirements becomes effective on July 1, 2035.
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 701A.100 is hereby amended to read as follows:
701A.100 1. The Director of the Office of Energy shall adopt a Green Building Rating System for the purposes of determining the eligibility of a building or other structure for a tax abatement pursuant to NRS 701A.110. The Director shall not alter or amend the Green Building Rating System adopted pursuant to this section after July 1, 2021, and the standards and ratings in effect on that date shall remain in effect.
2. The Green Building Rating System must include standards and ratings equivalent to the standards and ratings provided pursuant to the Leadership in Energy and Environmental Design Green Building Rating System or an equivalent rating system, except that the standards adopted by the Director:
(a) Except as otherwise provided in paragraphs (b) and (c), must not include:
(1) Any standard that has not been included in the Leadership in Energy and Environmental Design Green Building Rating System or the equivalent rating system for at least 2 years; or
(2) Standards for homes;
κ2021 Statutes of Nevada, Page 2016 (CHAPTER 343, SB 442)κ
(b) Must provide reasonable exceptions based on the size of the area occupied by the building or other structure; and
(c) Must require a building or other structure to obtain:
(1) At least 5 points in the Optimize Energy Performance credit, or its equivalent, to meet the equivalent of the silver level;
(2) At least 7 points in the Optimize Energy Performance credit, or its equivalent, to meet the equivalent of the gold level; and
(3) At least 11 points in the Optimize Energy Performance credit, or its equivalent, to meet the equivalent of the platinum level.
3. As used in this section, home means a building or other structure for which the principal use is as a residential dwelling for not more than four families.
Sec. 2. NRS 701A.110 is hereby amended to read as follows:
701A.110 1. Except as otherwise provided in this section, the Director, in consultation with the Office of Economic Development, shall grant a partial abatement from the portion of the taxes imposed pursuant to chapter 361 of NRS, other than any taxes imposed for public education, on a building or other structure that is determined to meet the equivalent of the silver level or higher by an independent contractor authorized to make that determination in accordance with the Green Building Rating System adopted by the Director pursuant to NRS 701A.100, if:
(a) No funding is provided by any governmental entity in this State for the acquisition, design, construction or renovation of the building or other structure or for the acquisition of any land therefor. For the purposes of this paragraph:
(1) Private activity bonds must not be considered funding provided by a governmental entity.
(2) The term private activity bond has the meaning ascribed to it in 26 U.S.C. § 141.
(b) The owner of the property:
(1) Submits an application for the partial abatement to the Director [.] before July 1, 2021. If such an application is submitted for a project that has not been completed on the date of that submission and there is a significant change in the scope of the project after that date, the application must be amended to include the change or changes.
(2) Except as otherwise provided in this subparagraph, provides to the Director, within 48 months after applying for the partial abatement, proof that the building or other structure meets the equivalent of the silver level or higher, as determined by an independent contractor authorized to make that determination in accordance with the Green Building Rating System adopted by the Director pursuant to NRS 701A.100. The Director may, for good cause shown, extend the period for providing such proof.
(3) Files a copy of each application and amended application submitted to the Director pursuant to subparagraph (1) with the:
(I) Chief of the Budget Division of the Office of Finance;
(II) Department of Taxation;
(III) County assessor;
(IV) County treasurer;
(V) Office of Economic Development;
(VI) Board of county commissioners; and
(VII) City manager and city council, if any.
κ2021 Statutes of Nevada, Page 2017 (CHAPTER 343, SB 442)κ
(c) The abatement is consistent with the State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053.
2. The Director shall not approve an application for a partial abatement of the taxes imposed pursuant to chapter 361 of NRS submitted pursuant to this section by the owner of the property unless the application is approved or deemed approved by the board of county commissioners pursuant to this subsection. The board of county commissioners of a county must provide notice to the Director that the board intends to consider an application and, if such notice is given, must approve or deny the application not later than 30 days after the board receives a copy of the application. The board of county commissioners:
(a) Shall, in considering an application pursuant to this subsection, make a recommendation to the Director regarding the application;
(b) May, in considering an application pursuant to this subsection, deny an application only if the board of county commissioners determines, based on relevant information, that:
(1) The projected cost of the services that the local government is required to provide to the building or other structure for which the abatement is received will exceed the amount of tax revenue that the local government is projected to receive as a result of the abatement; or
(2) The projected financial benefits that will result to the county from any employment resulting from the use of the building or other structure and from capital investments by the owner of the building or other structure in the county will not exceed the projected loss of tax revenue that will result from the abatement; and
(c) May, without regard to whether the board has provided notice to the Director of its intent to consider the application, make a recommendation to the Director regarding the application.
Κ If the board of county commissioners does not approve or deny the application pursuant to this subsection within 30 days after the board receives a copy of the application, the application shall be deemed approved.
3. As soon as practicable after the Director receives the application and proof required by subsection 1, the Director, in consultation with the Office of Economic Development, shall determine whether the building or other structure is eligible for the abatement and, if so, forward a certificate of eligibility for the abatement to the:
(a) Department of Taxation;
(b) County assessor;
(c) County treasurer; and
(d) Office of Economic Development.
4. The Director may, with the assistance of the Chief of the Budget Division and the Department of Taxation, publish a fiscal note that indicates an estimate of the fiscal impact of the partial abatement on the State and on each affected local government. If the Director publishes a fiscal note that estimates the fiscal impact of the partial abatement on local government, the Director shall forward a copy of the fiscal note to each affected local government. As soon as practicable after receiving a copy of a certificate of eligibility pursuant to subsection 3, the Department of Taxation shall forward a copy of the certificate to each affected local government.
κ2021 Statutes of Nevada, Page 2018 (CHAPTER 343, SB 442)κ
5. The partial abatement for:
(a) A building or other structure must, except as otherwise provided in paragraph (b), be for a duration of not more than 10 years and in an annual amount that equals, for a building or other structure that meets the equivalent of:
(1) The silver level, 25 percent of the portion of the taxes imposed pursuant to chapter 361 of NRS, other than any taxes imposed for public education, that would otherwise be owed for the building or other structure, excluding the associated land;
(2) The gold level, 30 percent of the portion of the taxes imposed pursuant to chapter 361 of NRS, other than any taxes imposed for public education, that would otherwise be owed for the building or other structure, excluding the associated land; or
(3) The platinum level, 35 percent of the portion of the taxes imposed pursuant to chapter 361 of NRS, other than any taxes imposed for public education, that would otherwise be owed for the building or other structure, excluding the associated land.
(b) A building or other structure that qualifies for an abatement under the Leadership in Energy and Environmental Design Existing Buildings: Operations and Maintenance rating system, or its equivalent, must be for a duration of not more than 5 years and in an annual amount that equals, except as otherwise provided in subsection 6, for a building or other structure that meets the equivalent of:
(1) The silver level, 25 percent of the portion of the taxes imposed pursuant to chapter 361 of NRS, other than any taxes imposed for public education, that would otherwise be owed for the building or other structure, excluding the associated land;
(2) The gold level, 30 percent of the portion of the taxes imposed pursuant to chapter 361 of NRS, other than any taxes imposed for public education, that would otherwise be owed for the building or other structure, excluding the associated land; or
(3) The platinum level, 35 percent of the portion of the taxes imposed pursuant to chapter 361 of NRS, other than any taxes imposed for public education, that would otherwise be owed for the building or other structure, excluding the associated land.
6. The Director shall not grant a partial abatement of more than $100,000 in any year for a building or other structure that qualifies for an abatement pursuant to paragraph (b) of subsection 5.
7. A partial abatement granted pursuant to this section:
(a) Does not apply during any period in which the owner of the building or other structure is receiving another abatement or exemption pursuant to this chapter or NRS 361.045 to 361.159, inclusive, from the taxes imposed pursuant to chapter 361 of NRS.
(b) Terminates upon any determination by the Director that the building or other structure has ceased to meet the equivalent of the silver level or higher. The Director shall provide notice and a reasonable opportunity to cure any noncompliance issues before making a determination that the building or other structure has ceased to meet that standard. The Director shall immediately provide notice of each determination of termination to the:
(1) Department of Taxation, who shall immediately notify each affected local government of the determination;
κ2021 Statutes of Nevada, Page 2019 (CHAPTER 343, SB 442)κ
(2) County assessor;
(3) County treasurer; and
(4) Office of Economic Development.
8. If a partial abatement terminates pursuant to paragraph (b) of subsection 7, the owner of the property to which the partial abatement applied shall repay to the county treasurer the amount of the exemption that was allowed pursuant to this section before the date of that termination. The owner shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.
9. The Director, in consultation with the Office of Economic Development, shall adopt regulations:
(a) Establishing the qualifications and methods to determine eligibility for and the duration of the abatement;
(b) Prescribing such forms as will ensure that all information and other documentation necessary to make an appropriate determination is filed with the Director; and
(c) Prescribing the criteria for determining when there is a significant change in the scope of a project for the purposes of subparagraph (1) of paragraph (b) of subsection 1,
Κ and the Department of Taxation shall adopt such additional regulations as it determines to be appropriate to carry out the provisions of this section.
10. The Director shall:
(a) Cooperate with the Office of Economic Development in carrying out the provisions of this section; and
(b) Submit to the Office of Economic Development an annual report, at such a time and containing such information as the Office may require, regarding the partial abatements granted pursuant to this section.
11. The Director may charge and collect a fee from each applicant who submits an application for a partial abatement pursuant to this section. The amount of the fee must not exceed the actual cost to the Director for processing the application and evaluating the proof submitted by the applicant pursuant to subsection 1 and making the determination concerning eligibility for the partial abatement required by subsection 3.
12. As used in this section:
(a) Building or other structure does not include any building or other structure for which the principal use is as a residential dwelling for not more than four families.
(b) Director means the Director of the Office of Energy appointed pursuant to NRS 701.150.
(c) Taxes imposed for public education means:
(1) Any ad valorem tax authorized or required by chapter 387 of NRS;
(2) Any ad valorem tax authorized or required by chapter 350 of NRS for the obligations of a school district, including, without limitation, any ad valorem tax necessary to carry out the provisions of subsection 5 of NRS 350.020; and
κ2021 Statutes of Nevada, Page 2020 (CHAPTER 343, SB 442)κ
(3) Any other ad valorem tax for which the proceeds thereof are dedicated to the public education of pupils in kindergarten through grade 12.
Sec. 3. NRS 701A.100 and 701A.110 are hereby repealed.
Sec. 4. 1. This section and sections 1 and 2 of this act become effective on July 1, 2021.
2. Section 3 of this act becomes effective July 1, 2035.
________
Senate Bill No. 443Committee on Finance
CHAPTER 344
[Approved: June 3, 2021]
AN ACT relating to agriculture; defining certain terms that apply to standards that govern seeds; revising the definition for certifying agency; requiring certain containers of seeds to bear or have attached a sell-by date which contains certain information; requiring containers for seeds of agricultural crops to include certain additional information if the seeds are coated; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth various standards governing seeds. (NRS 587.015-587.123) Sections 2-11 of this bill define certain terms that apply to the standards that govern seeds, including, without limitation, terms such as complete records and conditioning, which appear in existing sections of Nevada Revised Statutes but not in the new language of this bill. Sections 12 and 16 of this bill make conforming changes by: (1) indicating the proper placement of sections 2-11 in the Nevada Revised Statutes; and (2) replacing certain phrases in existing law with the newly defined terms. Section 14 of this bill expands the scope of required regulations to account for the new provisions.
Existing law defines certifying agency, in part, to mean an agency that is authorized under the laws of a state, territory or possession of the United States to officially certify seed. (NRS 587.023) Section 13 of this bill defines a certifying agency, in part, as an agency that is authorized under the laws of a state, territory or possession of the United States to officially certify seed and which has procedures and standards approved by the United States Secretary of Agriculture to assure the purity and identity of certified seed.
Existing law requires each container of seeds of agricultural crops, flowers, vegetables, herbs, trees and shrubs which is sold, offered for sale or transported within this State for sowing purposes to bear or have attached to it a plainly written label or tag that complies with certain requirements. (NRS 587.091) Section 15 of this bill requires such containers to additionally bear or have attached a plainly written sell-by date which contains the phrase sell by ____ and a date which: (1) for seeds of agricultural crops, must be not more than 15 months after the date of the test for germination was completed; and (2) for seeds of flowers, vegetables, herbs, trees and shrubs, must be not more than 12 months after the date of the test for germination was completed.
Existing law requires the labeling of containers for seeds of agricultural crops to state certain information. (NRS 587.093) Section 16 requires that such containers also include certain additional information if the seeds of agricultural crops contained in the containers are coated.
κ2021 Statutes of Nevada, Page 2021 (CHAPTER 344, SB 443)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 587 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. 1. Complete records means any and all information which relates to:
(a) The origin, treatment, germination, purity, kind and variety of each lot of agriculture seeds sold in this State; or
(b) The treatment, germination, kind and variety of each lot of vegetable seeds and flower seeds sold in this State.
2. The term includes, without limitation, information concerning:
(a) Seed samples; and
(b) Records of declarations, labels, purchases, sales, conditioning, bulking, treatment, handling, storage, analyses, tests and examinations.
Sec. 3. Conditioning means drying, cleaning, scarifying and any other operation which can change the purity or germination of the seed and which requires the lot of seed to be retested to determine the labeling.
Sec. 4. Germination means the emergence and development from the embryo of the seed any structures which indicate the ability of the seed to produce a normal plant under conditions that are favorable.
Sec. 5. Hard seeds means seeds which remain hard at the end of a test period as a result of an inability to absorb water due to an impermeable seed coat.
Sec. 6. 1. Inert matter means all matter that are not seeds.
2. The term includes, without limitation, broken seeds, sterile florets, chaff, fungus bodies and stones, as determined by methods set forth in regulations.
Sec. 7. Mixture means seed that consists of more than one kind, each in excess of 5 percent by weight of the whole.
Sec. 8. 1. Other crop seed means the seeds of plants that are grown as crops, as determined by methods defined in regulation.
2. The term does not include seeds that are pure seed.
Sec. 9. Prohibited noxious weed seed means the seeds of noxious weeds which are prohibited from being present in agricultural, vegetable, flower, tree or shrub seed due to being highly destructive and difficult to control in this State by ordinary good cultural or chemical practice.
Sec. 10. Pure seed means seed that does not contain inert matter and does not contain any other type of seed, as determined by methods set forth in regulations.
Sec. 11. Restricted noxious weed seed means the seeds of noxious weeds which are objectionable or injurious in fields, lawns and gardens of this State, but may be controlled by good cultural or chemical practices.
κ2021 Statutes of Nevada, Page 2022 (CHAPTER 344, SB 443)κ
Sec. 12. NRS 587.015 is hereby amended to read as follows:
587.015 As used in NRS 587.015 to 587.123, inclusive, unless the context otherwise requires, the words and terms defined in NRS 587.017 to 587.073, inclusive, and sections 2 to 11, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 13. NRS 587.023 is hereby amended to read as follows:
587.023 Certifying agency means:
1. An agency authorized under the laws of a state, territory or possession of the United States officially to certify seed [;] and which has procedures and standards that are approved by the United States Secretary of Agriculture to assure the purity and identity of the certified seed; or
2. An agency of a foreign country determined by the United States Secretary of Agriculture to adhere to procedure and standards for seed certification comparable to those adhered to generally by seed-certifying agencies under subsection 1.
Sec. 14. NRS 587.083 is hereby amended to read as follows:
587.083 1. The Director shall adopt regulations:
(a) Governing the terms and methods used in sampling, inspecting, analyzing, testing and examining seeds subject to NRS 587.015 to 587.123, inclusive, and the tolerances to be used.
(b) Establishing a list of prohibited and restricted noxious weeds , prohibited noxious weed seeds and restricted noxious weed seeds and prescribing the maximum rate of occurrence per pound of seeds of restricted noxious weeds which may be associated with any seeds. A noxious weed , prohibited noxious weed seed or restricted noxious weed seed may be prohibited if it is highly destructive and difficult to control in this state by ordinary good cultural or chemical practice and restricted if it is objectionable or injurious in fields, lawns and gardens of this state, but may be controlled by good cultural or chemical practices [.] , as applicable.
(c) Establishing minimum standards of germination for seeds of vegetables, herbs and flowers.
(d) Defining the terms to be used in labeling seeds.
(e) Establishing a list of the species of trees and shrubs subject to the labeling requirements set forth in subsection 7 of NRS 587.105.
(f) Establishing the duration of the validity of testing to determine the percentage of germination of seeds subject to the requirements for labeling as set forth in NRS 587.091 to 587.105, inclusive, before the sale, offering for sale or transporting of those seeds.
(g) For the labeling of seeds of flowers in respect to kind and variety or the characteristics of type and performance as required by NRS 587.101 and 587.103.
(h) Establishing a list of the kinds of seeds of flowers which are subject to the labeling requirements of NRS 587.101 and 587.103.
2. The Director may adopt such other regulations as are necessary to carry out the provisions of NRS 587.015 to 587.123, inclusive.
κ2021 Statutes of Nevada, Page 2023 (CHAPTER 344, SB 443)κ
Sec. 15. NRS 587.091 is hereby amended to read as follows:
587.091 1. Each container of seeds of agricultural crops, flowers, vegetables, herbs, trees and shrubs which is sold, offered for sale or transported within this state for sowing purposes must bear or have attached to it, in a conspicuous place, a plainly written [label] :
(a) Label or tag in the English language, giving the net weight of the seed and the information specified for the respective classes of seed in subsection 2 and in NRS 587.093 to 587.105, inclusive, which information must not be modified or denied in the labeling or on another label attached to the container [.] ; and
(b) Sell-by date. The sell-by date must contain the phrase sell by _____ and a date which:
(1) For a container of seeds of agricultural crops, must be not more than 15 months after the date of the test for germination was completed, not including the month in which the test occurred.
(2) For a container of seeds of flowers, vegetables, herbs, trees and shrubs, must be not more than 12 months after the date of the test for germination was completed, not including the month in which the test occurred.
2. For all such seeds which are treated, the label must contain:
(a) A word or statement indicating that the seed has been treated;
(b) The commonly accepted coined, chemical, generic or abbreviated chemical or generic name of the substance used for treatment, or the description of the process used for treatment;
(c) If the substance applied to the seed for treatment is in an amount which may be harmful to human or other vertebrate animals, a caution, stating: Do not use for food, feed or oil purposes. The caution for mercurials and similarly toxic substances must be a statement or symbol indicating the presence of poison; and
(d) If the seed is treated with an inoculant, the month and year beyond which the inoculant is not to be considered effective.
3. A separate label may be used to contain the information required in subsection 2.
Sec. 16. NRS 587.093 is hereby amended to read as follows:
587.093 The labeling of containers for seeds of agricultural crops must state, in addition to the requirements of NRS 587.091:
1. The kind and variety, or the kind and the phrase variety not stated, for each seed of another crop in the container in excess of 5 percent of the whole, and the percentage by weight of the pure seed of each listed in a column in order of its predominance. [Seeds of other crops] Other crop seeds in the container which are less than 5 percent of the whole may be claimed as part of a mixture but if so must conform to the requirements applicable to seeds in excess of 5 percent of the whole. Mixtures must be designated by the word mixed or mixture accompanying the name of the mixture. Hybrids must be labeled as hybrids.
2. The number or other identification of the lot.
κ2021 Statutes of Nevada, Page 2024 (CHAPTER 344, SB 443)κ
3. The origin, state or foreign country, if known, of alfalfa, red clover and field corn, but not of hybrid corn. If the origin is unknown, this fact must be stated.
4. The percentage by weight of all seeds of weeds present.
5. The name and rate of occurrence per pound of each kind of seeds of restricted noxious weeds present.
6. The percentage by weight of seeds of crops other than those named on the label. These may be designated crop seeds.
7. The percentage by weight of inert matter.
8. For each named agricultural seed : [for agricultural crops named in the label:]
(a) The percentage of germination, exclusive of hard seed;
(b) The percentage of hard seed, if present; and
(c) The month and year the test for germination was completed, and for mixtures, only the date of the oldest test of the seeds in the mixture.
Κ In addition, following the percentages shown in paragraphs (a) and (b), the total germination and hard seed may be stated as such.
9. The name and address of the person who labeled the seed, or who sells or offers the seed for sale within this state.
10. In addition to the information required pursuant to this section, if the seeds of agricultural crops are coated:
(a) The percentage by weight of pure seeds with coating material removed;
(b) The percentage by weight of coating material;
(c) The percentage, by weight, of inert material, not including coating material; and
(d) The percentage of germination, tested in accordance with any standards established by the Director.
11. As used in this section, named agricultural seed means seed for agricultural crops named in the label on the container of the seed.
Sec. 17. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2025κ
Senate Bill No. 445Committee on Finance
CHAPTER 345
[Approved: June 3, 2021]
AN ACT relating to state purchasing; prohibiting certain provisions in certain contracts; revising provisions relating to advertisements for certain bids or proposals; revising certain requirements relating to the purchase of prescription drugs, pharmaceutical services or medical supplies from an entity other than the Purchasing Division; revising the authority of the Clerk of the State Board of Examiners to approve certain contracts; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The State Purchasing Act governs the purchasing of services, supplies, materials and equipment by agencies of the Executive Department of the State Government, with certain exceptions. (Chapter 333 of NRS) Section 2 of this bill prohibits any contract entered into or renewed under the Act from: (1) requiring the filing of any action or the arbitration of any dispute that arises from the contract to be instituted or heard in another state or nation; or (2) requiring the State to indemnify another party against liability for damages.
With certain exceptions, existing law requires the Administrator to advertise for bids or proposals and prescribes the required contents of an advertisement. (NRS 333.310) Section 4 of this bill removes an obsolete requirement relating to quotation forms in the contents of an advertisement.
Existing law requires an agency that is subject to the State Purchasing Act to purchase prescription drugs, pharmaceutical services and medical supplies and related services through the Purchasing Division unless the agency can obtain the best value from an entity other than the Purchasing Division. Existing law requires an agency that purchases prescription drugs, pharmaceutical services or medical supplies and related services from an entity other than the Purchasing Division to report certain information relating to the purchase to the Purchasing Division. (NRS 333.435) Section 6 of this bill instead requires such an agency to maintain a record of that information and provides that any such record is a public record.
With certain exceptions, existing law requires contracts for the services of an independent contractor to be approved by the State Board of Examiners before becoming effective. Existing law authorizes the State Board of Examiners to allow its Clerk, who is the Director of the Office of Finance in the Office of the Governor, or a designee to approve such contracts for amounts less than $50,000. (NRS 333.700) Section 7 of this bill increases the maximum amount of the contracts that the Clerk of the Board or designee may be authorized to approve from $50,000 to $100,000.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. Chapter 333 of NRS is hereby amended by adding thereto a new section to read as follows:
Any contract that is entered into or renewed pursuant to this chapter may not:
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1. Require the filing of any action or the arbitration of any dispute that arises from the contract to be instituted or heard in another state or nation; or
2. Require the State to indemnify another party against liability for damages.
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 333.310 is hereby amended to read as follows:
333.310 1. An advertisement must contain a general description of the classes of commodities or services for which a bid or proposal is wanted and must state:
(a) The name and location of the department, agency, local government, district or institution for which the purchase is to be made.
(b) Where and how specifications [and quotation forms] may be obtained.
(c) If the advertisement is for bids, whether the Administrator is authorized by the using agency to be supplied to consider a bid for an article that is an alternative to the article listed in the original request for bids if:
(1) The specifications of the alternative article meet or exceed the specifications of the article listed in the original request for bids;
(2) The purchase of the alternative article results in a lower price; and
(3) The Administrator deems the purchase of the alternative article to be in the best interests of the State of Nevada.
(d) Notice of the preferences set forth in NRS 333.3354 and 333.3366.
(e) Notice of the written certification required pursuant to NRS 333.338.
(f) The date and time not later than which responses must be received by the Purchasing Division.
(g) The date and time when responses will be opened.
Κ The Administrator or a designated agent of the Administrator shall approve the copy for the advertisement.
2. Each advertisement must be published:
(a) In at least one newspaper of general circulation in the State. The selection of the newspaper to carry the advertisement must be made in the manner provided by this chapter for other purchases, on the basis of the lowest price to be secured in relation to the paid circulation; and
(b) On the Internet website of the Purchasing Division.
Sec. 5. (Deleted by amendment.)
Sec. 6. NRS 333.435 is hereby amended to read as follows:
333.435 1. Except as otherwise provided in subsection 2, a using agency shall purchase prescription drugs, pharmaceutical services, or medical supplies and related services, or any combination thereof, only through the Purchasing Division.
2. A using agency may, on its own behalf or in cooperation with one or more other using agencies or other governmental entities within or outside this State, purchase prescription drugs, pharmaceutical services, or medical supplies and related services from an entity other than the Purchasing Division if the using agency or using agencies or other governmental entities, as applicable, can obtain the best value for prescription drugs, pharmaceutical services, or medical supplies and related services from the other entity and the Purchasing Division is unable to match or exceed that best value in a timely manner.
3. If a using agency purchases prescription drugs, pharmaceutical services, or medical supplies and related services from an entity other than the Purchasing Division pursuant to subsection 2, the using agency shall [report to the Purchasing Division, within 10 days after the initial purchase:] maintain a record of:
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the Purchasing Division pursuant to subsection 2, the using agency shall [report to the Purchasing Division, within 10 days after the initial purchase:] maintain a record of:
(a) The purchase price for the prescription drugs, pharmaceutical services, or medical supplies and related services; and
(b) The name, address and telephone number of the entity that sold the using agency the prescription drugs, pharmaceutical services, or medical supplies and related services.
4. Any record created pursuant to subsection 3 is a public record.
Sec. 7. NRS 333.700 is hereby amended to read as follows:
333.700 1. Except as otherwise provided in NRS 333.705, a using agency may contract for the services of a person as an independent contractor. Except as otherwise provided by specific statute, each such contract must be awarded pursuant to this chapter.
2. An independent contractor is a natural person, firm or corporation who agrees to perform services for a fixed price according to his, her or its own methods and without subjection to the supervision or control of the other contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.
3. For the purposes of this section:
(a) Travel, subsistence and other personal expenses may be paid to an independent contractor, if provided for in the contract, in such amounts as provided for in the contract. Those expenses must not be paid pursuant to the provisions of NRS 281.160.
(b) There must be no:
(1) Withholding of income taxes by the State;
(2) Coverage for industrial insurance provided by the State;
(3) Participation in group insurance plans which may be available to employees of the State;
(4) Participation or contributions by either the independent contractor or the State to the Public Employees Retirement System;
(5) Accumulation of vacation leave or sick leave; or
(6) Coverage for unemployment compensation provided by the State if the requirements of NRS 612.085 for independent contractors are met.
4. An independent contractor is not in the classified or unclassified service of the State and has none of the rights or privileges available to officers or employees of the State of Nevada.
5. If the contract is for services for which a license, certificate, registration, permit or other type of authorization is required by law, an independent contractor must hold the appropriate, current authorization that is required by law for the services.
6. Except as otherwise provided in this subsection, each contract for the services of an independent contractor must be in writing. The form of the contract must be first approved by the Attorney General, and except as otherwise provided in subsection 8, an executed copy of each contract must be filed with the Fiscal Analysis Division of the Legislative Counsel Bureau and the Clerk of the State Board of Examiners. The State Board of Examiners may waive the requirements of this subsection in the case of contracts which are for amounts less than $2,000.
7. Except as otherwise provided in subsection 8, and except for contracts entered into by the Nevada System of Higher Education, each proposed contract with an independent contractor must be submitted to the State Board of Examiners.
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State Board of Examiners. The contracts do not become effective without the prior approval of the State Board of Examiners, except that the State Board of Examiners may authorize its Clerk or a designee to approve contracts which are:
(a) For amounts less than [$50,000;] $100,000; or
(b) Entered into by the Nevada Gaming Control Board for the purposes of investigating an applicant for or holder of a gaming license.
8. Copies of the following types of contracts need not be filed or approved as provided in subsections 6 and 7:
(a) Contracts executed by the Department of Transportation, other than contracts subject to the provisions of NRS 333.705 or 408.353.
(b) Contracts executed by the State Public Works Division of the Department of Administration or any other state department or agency for any work of construction or major repairs of state buildings, if the contracting process was controlled by the rules of open competitive bidding.
(c) Contracts executed by the Housing Division of the Department of Business and Industry.
(d) Contracts executed with business entities for any work of maintenance or repair of office machines and equipment.
9. The State Board of Examiners shall review each contract submitted for approval pursuant to subsection 7 to consider:
(a) Whether sufficient authority exists to expend the money required by the contract; and
(b) Whether the service which is the subject of the contract could be provided by a state agency in a more cost-effective manner.
Κ If the contract submitted for approval continues an existing contractual relationship, the State Board of Examiners shall ask each agency to ensure that the State is receiving the services that the contract purports to provide.
10. If the services of an independent contractor are contracted for to represent an agency of the State in any proceeding in any court, the contract must require that the independent contractor identify in all pleadings the specific state agency which he or she is representing.
11. Except as otherwise provided in this subsection, a contract for the services of an independent contractor may be performed in parts or phases. A contract for the services of an independent contract must not be split into separate contracts for the purpose of avoiding any requirements for competitive bidding.
12. The State Board of Examiners may adopt regulations to carry out the provisions of this section.
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