[Rev. 9/10/2021 11:34:08 AM]
κ2021 Statutes of Nevada, Page 2755κ
Senate Bill No. 415Committee on Finance
CHAPTER 427
[Approved: June 4, 2021]
AN ACT making an appropriation to the Department of Taxation for the relocation and consolidation of the two offices in the Las Vegas Valley into one office in southern Nevada; 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 $632,854 for the relocation and consolidation of the two offices in the Las Vegas Valley into one office in southern Nevada.
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. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2756κ
Senate Bill No. 418Committee on Finance
CHAPTER 428
[Approved: June 4, 2021]
AN ACT making an appropriation to the Budget Division of the Office of Finance in the Office of the Governor for the continuation of the Nevada Executive Budget System upgrade project; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Budget Division of the Office of Finance in the Office of the Governor the sum of $422,000 for the continuation of the Nevada Executive Budget System upgrade project.
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. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2757κ
Senate Bill No. 421Committee on Finance
CHAPTER 429
[Approved: June 4, 2021]
AN ACT relating to the Office of Science, Innovation and Technology in the Office of the Governor; revising the status of the Director of the Office from employment in the nonclassified service of the State to employment in the unclassified service of the State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law: (1) creates the Office of Science, Innovation and Technology in the Office of the Governor; and (2) requires the Governor to appoint the Director of the Office, who serves in the nonclassified service of the State. (NRS 223.600) Existing law requires the Governor to: (1) determine the salaries and benefits of persons employed in the nonclassified service of the State; and (2) adopt such rules and policies as he or she deems appropriate for the employment of such persons. (NRS 223.085) This bill changes the status of the Director of the Office of Science, Innovation and Technology from employment in the nonclassified service of the State to employment in the unclassified service of the State. In so doing, this bill makes provisions of law that are applicable to unclassified employees of the state personnel system applicable to the Director. (Chapter 284 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 223.600 is hereby amended to read as follows:
223.600 1. The Office of Science, Innovation and Technology is hereby established in the Office of the Governor.
2. The Governor shall appoint the Director of the Office of Science, Innovation and Technology. In making the appointment, the Governor:
(a) Shall give consideration to any recommendation which is submitted by the Chancellor of the Nevada System of Higher Education.
(b) May assemble a panel of persons with appropriate experience in science and technology to make recommendations of qualified candidates for the position of Director.
3. The Director shall devote his or her entire time and attention to the business of his or her office and shall not engage in any other gainful employment or occupation.
4. The Director is [not] in the [classified or] unclassified service of the State and serves at the pleasure of the Governor.
Sec. 2. This act becomes effective July 1, 2021.
________
κ2021 Statutes of Nevada, Page 2758κ
Senate Bill No. 422Committee on Finance
CHAPTER 430
[Approved: June 4, 2021]
AN ACT relating to governmental administration; creating the Mail Services Division in the Department of Administration; revising provisions relating to the Departments Communication Fund; transferring the responsibility for establishing and conducting a Central Mail Room from the Division of State Library, Archives and Public Records of the Department to the Mail Services Division of the Department; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Department of Administration consisting of a Director and various entities. (NRS 232.213) Section 1 of this bill creates within the Department a Mail Services Division. Sections 2 and 3 of this bill require the Director of the Department to appoint an Administrator of the Mail Services Division who serves at the pleasure of the Director and is in the unclassified service of the State.
Existing law creates the Department of Administrations Operating Fund for Administrative Services as an internal service fund and requires the operating budget of each of the entities within the Department to include an amount representing that entitys share of the operating costs of the central accounting function of the Department. (NRS 232.219) Section 4 of this bill requires the operating budget of the Mail Services Division to include an amount representing that entitys share of the operating costs of the central accounting function of the Department.
Existing law requires the Division of State Library, Archives and Public Records of the Department of Administration to establish and conduct a Central Mailing Room for all state officers, departments and agencies located in Carson City. (NRS 378.149) Sections 6 and 7 of this bill require, instead, that the Mail Services Division establish and conduct a Central Mailing Room.
Existing law creates the Department of Administrations Communication Fund where all revenue resulting from: (1) postage sold to state officers, departments and agencies and local governments and other governmental entities; and (2) charges for proportionate costs of mail service operation must be deposited. (NRS 378.143, 378.146) Section 5 of this bill provides that the Administrator of the Mail Services Division, rather than the State Library, Archives and Public Records Administrator, must approve claims against the Fund.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 232.213 is hereby amended to read as follows:
232.213 1. The Department of Administration is hereby created.
2. The Department consists of a Director and the following:
(a) Risk Management Division.
(b) Hearings Division, which consists of hearing officers, compensation officers and appeals officers.
(c) State Public Works Division.
(d) Purchasing Division.
(e) Administrative Services Division.
(f) Division of Human Resource Management.
κ2021 Statutes of Nevada, Page 2759 (CHAPTER 430, SB 422)κ
(g) Division of Enterprise Information Technology Services.
(h) Division of State Library, Archives and Public Records.
(i) Office of Grant Procurement, Coordination and Management.
(j) Fleet Services Division.
(k) Public Employees Deferred Compensation Program.
(l) Mail Services Division.
Sec. 2. NRS 232.215 is hereby amended to read as follows:
232.215 The Director:
1. Shall appoint an Administrator of the:
(a) Risk Management Division;
(b) State Public Works Division;
(c) Purchasing Division;
(d) Administrative Services Division;
(e) Division of Human Resource Management;
(f) Division of Enterprise Information Technology Services;
(g) Division of State Library, Archives and Public Records;
(h) Office of Grant Procurement, Coordination and Management; [and]
(i) Fleet Services Division [.] ; and
(j) Mail Services Division.
2. Shall, with the concurrence of the Governor and the Committee to Administer the Public Employees Deferred Compensation Program, appoint the Executive Officer of the Public Employees Deferred Compensation Program.
3. Shall serve as Chief of the Hearings Division and shall appoint the hearing officers and compensation officers. The Director may designate one of the appeals officers in the Division to supervise the administrative, technical and procedural activities of the Division.
4. Is responsible for the administration, through the divisions of the Department, of the provisions of chapters 233F, 242 and 284 of NRS, NRS 287.250 to 287.370, inclusive, and chapters 331, 333, 336, 338, 341 and 378 of NRS and all other provisions of law relating to the functions of the divisions of the Department.
5. Is responsible for the administration of the laws of this State relating to the negotiation and procurement of medical services and other benefits for state agencies.
6. Has such other powers and duties as are provided by law.
Sec. 3. NRS 232.2165 is hereby amended to read as follows:
232.2165 1. The Administrator of:
(a) The State Public Works Division;
(b) The Purchasing Division;
(c) The Administrative Services Division;
(d) The Division of Human Resource Management;
(e) The Division of Enterprise Information Technology Services;
(f) The Division of State Library, Archives and Public Records;
(g) The Office of Grant Procurement, Coordination and Management; [and]
(h) The Fleet Services Division [,] ; and
(i) The Mail Services Division,
Κ of the Department serves at the pleasure of the Director and is in the unclassified service of the State.
2. The Executive Officer of the Public Employees Deferred Compensation Program appointed pursuant to NRS 232.215 is in the unclassified service of the State and serves at the pleasure of the Director, except that he or she may be removed by a majority vote of the Committee to Administer the Public Employees Deferred Compensation Program.
κ2021 Statutes of Nevada, Page 2760 (CHAPTER 430, SB 422)κ
except that he or she may be removed by a majority vote of the Committee to Administer the Public Employees Deferred Compensation Program.
Sec. 4. NRS 232.219 is hereby amended to read as follows:
232.219 1. The Department of Administrations Operating Fund for Administrative Services is hereby created as an internal service fund.
2. The operating budget of each of the following entities must include an amount representing that entitys share of the operating costs of the central accounting function of the Department:
(a) State Public Works Division;
(b) Purchasing Division;
(c) Hearings Division;
(d) Risk Management Division;
(e) Division of Human Resource Management;
(f) Division of Enterprise Information Technology Services;
(g) Division of State Library, Archives and Public Records;
(h) Fleet Services Division; [and]
(i) Public Employees Deferred Compensation Program [.] ; and
(j) Mail Services Division.
3. All money received for the central accounting services of the Department must be deposited in the State Treasury for credit to the Operating Fund.
4. All expenses of the central accounting function of the Department must be paid from the Fund as other claims against the State are paid.
Sec. 5. NRS 378.143 is hereby amended to read as follows:
378.143 1. The Department of Administrations Communications Fund is hereby created as an internal service fund. The Fund is a continuing fund, and its money may not revert to the State General Fund at any time.
2. Claims against the Fund which are approved by the [State Library, Archives and Public Records] Administrator of the Mail Services Division must be paid as other claims against the State are paid.
3. Claims must be made in accordance with budget and quarterly work allotments and subject to postaudit examination and approval.
Sec. 6. NRS 378.149 is hereby amended to read as follows:
378.149 1. The Mail Services Division shall establish and conduct a Central Mailing Room for all state officers, departments and agencies located at Carson City, Nevada.
2. Any state officer, department or agency or local government or other governmental entity may use the Central Mailing Room facilities if the state officer, department or agency or local government or governmental entity pays the cost of such use as determined by the Mail Services Division.
3. The staff of the Central Mailing Room shall deliver incoming mail and pick up and process outgoing mail, except outgoing parcel post from the Legal Division of the Legislative Counsel Bureau, other than interoffice mail, of all state officers, departments and agencies and local governments using the Central Mailing Room facilities.
Sec. 7. In the codification of the Nevada Revised Statutes after the 81st Legislative Session, the Legislative Counsel shall move the provisions of NRS 378.143, 378.146 and 378.149 to chapter 232 of the Nevada Revised Statutes.
Sec. 8. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 2761κ
Senate Bill No. 426Committee on Finance
CHAPTER 431
[Approved: June 4, 2021]
AN ACT making an appropriation to the Office of Finance in the Office of the Governor as a loan for the replacement of the content management and portal platform; 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 $1,784,500 as a loan to the Division of Enterprise Information Technology Services of the Department of Administration for the replacement of the content management and portal platform.
2. Commencing on July 1, 2023, the Division of Enterprise Information Technology Services of the Department of Administration shall use revenues from intergovernmental transfers to repay in annual installments the cost of the replacement of the content management and portal platform to the State Treasurer for deposit in the State General Fund. Each annual installment must be 25 percent of the cost of the replacement of the content management and portal platform and the loan must be fully repaid not later than the end of Fiscal Year 2026-2027.
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. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2762κ
Senate Bill No. 427Committee on Finance
CHAPTER 432
[Approved: June 4, 2021]
AN ACT making appropriations to the Division of Child and Family Services of the Department of Health and Human Services for deferred maintenance projects at certain facilities; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services the sum of $145,790 for deferred maintenance projects at Summit View Youth Center.
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 General Fund to the Division of Child and Family Services of the Department of Health and Human Services the sum of $56,969 for deferred maintenance projects at the Caliente Youth Center.
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 Division of Child and Family Services of the Department of Health and Human Services the sum of $129,908 for deferred maintenance projects at the Nevada Youth Training Center.
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 2763 (CHAPTER 432, SB 427)κ
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 Division of Child and Family Services of the Department of Health and Human Services the sum of $433,894 for deferred maintenance projects at the Southern Nevada Child and Adolescent Services Campus.
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.
________
Senate Bill No. 451Committee on Finance
CHAPTER 433
[Approved: June 4, 2021]
AN ACT relating to programs for public personnel; establishing for the 2021-2023 biennium the subsidies to be paid to the Public Employees Benefits Program for insurance for certain active and retired public officers and employees; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the State and local governments are required to pay a portion of the cost of coverage under the Public Employees Benefits Program for certain active and retired public officers and employees. (NRS 287.023, 287.044, 287.0445, 287.046) Section 1 of this bill establishes the amount of the States share of the costs of premiums or contributions for group insurance for active state officers and employees who participate in the Public Employees Benefits Program. Section 2 of this bill establishes the base amount for the share of the costs of premiums or contributions for group insurance under the Program that is required to be paid by the State and local governments for retired public officers and employees. Section 2 also establishes the share of the cost of qualified medical expenses for individual Medicare insurance plans through the Program that is required to be paid by the State and local governments for retired public officers and employees.
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. For the purposes of NRS 287.044 and 287.0445, the States share of the cost of premiums or contributions for group insurance for each active state officer or employee who elects to participate in the Public Employees Benefits Program is:
κ2021 Statutes of Nevada, Page 2764 (CHAPTER 433, SB 451)κ
(a) For the Fiscal Year 2021-2022, $727.00 per month.
(b) For the Fiscal Year 2022-2023, $755.00 per month.
2. If the amount of the States share pursuant to this section exceeds the actual premium or contribution for the plan of the Public Employees Benefits Program that the state officer or employee selects less any amount paid by the state officer or employee toward the premium or contribution, the balance must be credited to the Fund for the Public Employees Benefits Program created by NRS 287.0435, which may be used to pay a portion of the premiums or contributions for persons who are eligible to participate in the Public Employees Benefits Program through such a state officer or employee.
Sec. 2. 1. Except as otherwise provided in subsection 2, for the purposes of NRS 287.023 and 287.046, the base amount for the share of the cost of premiums or contributions for group insurance for each person who has retired with state service and continues to participate in the Public Employees Benefits Program to be paid by the State or a local government, as applicable, is:
(a) For the Fiscal Year 2021-2022, $471.50 per month.
(b) For the Fiscal Year 2022-2023, $498.00 per month.
2. For the purposes of NRS 287.023 and 287.046, the share of the cost of qualified medical expenses for each person who has retired with state service and whose coverage is provided through the Public Employees Benefits Program by an individual medical plan offered pursuant to the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq., for Fiscal Year 2021-2022 and Fiscal Year 2022-2023 to be paid by the State or a local government, as applicable, is:
(a) For those persons who retired before January 1, 1994:
(1) For the Fiscal Year 2021-2022, $195.00 per month.
(2) For the Fiscal Year 2022-2023, $195.00 per month.
(b) For those persons who retired on or after January 1, 1994:
(1) For the Fiscal Year 2021-2022, $13.00 per month per year of service, up to 20 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, up to a maximum of $260.00 per month.
(2) For the Fiscal Year 2022-2023, $13.00 per month per year of service, up to 20 years, excluding service purchased pursuant to NRS 1A.310 or 286.300, up to a maximum of $260.00 per month.
3. If the amount calculated pursuant to this section exceeds the actual premium or contribution for the plan of the Public Employees Benefits Program that the retired participant selects, the balance must be credited to the Fund for the Public Employees Benefits Program created by NRS 287.0435.
Sec. 3. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This sections applies retroactively from and after May 17, 2021.
Sec. 4. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 2765κ
Senate Bill No. 459Committee on Finance
CHAPTER 434
[Approved: June 4, 2021]
AN ACT relating to state financial administration; authorizing expenditures by various officers, departments, boards, agencies, commissions and institutions of the State Government for the 2021-2023 biennium; authorizing the collection of certain amounts from the counties for the use of the services of the State Public Defender; 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 the following sums 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 various officers, departments, boards, agencies, commissions and institutions of the State Government mentioned in this act:
2021-2022 2022-2023
Governors Office:
High Level Nuclear Waste $550,000 $550,000
Office for New Americans 148,841 47,968
Washington Office 252,000 252,000
COVID-19 Relief Programs 2,829,481,321 2,738,837,229
Nevada Athletic Commission 4,008,189 4,326,268
Office of Energy 1,610,510 1,656,846
Renewable Energy, Efficiency and Conservation Loan 1,430,170 1,253,133
Renewable Energy Account 15,247,631 15,471,128
SMART 21 758,812 291,645
Commission on Ethics:
Commission on Ethics $698,637 $682,374
Attorney Generals Office:
Office of the Extradition Coordinator $56,028 $56,072
Attorney General Administration Budget Account 30,545,281 28,574,942
Special Litigation Account 1,757,365 1,757,106
Workers Compensation Fraud 6,713,692 6,896,787
Crime Prevention 26,496 24,946
Medicaid Fraud Control Unit 3,514,121 3,500,424
Bureau of Consumer Protection 4,139,217 4,046,870
Grants Unit 4,947,724 3,449,811
Advisory Council for Prosecuting Attorneys 393,515 344,554
Victims of Domestic Violence 400,893 402,315
Forfeiture 18,929 14,305
Attorney General Tort Claims Fund 8,246,148 7,625,396
κ2021 Statutes of Nevada, Page 2766 (CHAPTER 434, SB 459)κ
2021-2022 2022-2023
National Settlement Administration $7,163,038 $3,557,533
State Settlements 2,078,162 1,924,208
Office of the State Controller:
Controllers Office $54,560 $54,560
Debt Recovery Account 679,926 1,005,147
Office of the Secretary of State:
Secretary of State $765,367 $731,297
Help America Vote Act 5,989,445 5,390,197
Office of the State Treasurer:
State Treasurer $2,626,613 $2,690,365
Higher Education Tuition Administration 736,877 777,366
Bond Interest and Redemption 402,613,478 464,628,450
Municipal Bond Bank Revenue 6,057,144 6,738,894
Municipal Bond Bank Debt Service 6,099,662 6,781,412
Millennium Scholarship Administration 409,443 420,421
Nevada College Savings Trust 2,099,925 2,145,263
Endowment Account 16,980,677 14,092,738
Unclaimed Property 2,533,094 2,639,964
Department of Administration:
Directors Office $893,402 $869,817
Deferred Compensation Committee 466,026 488,857
Hearings Division 5,895,004 5,866,842
Insurance and Loss Prevention 34,629,294 34,294,854
Fleet Services Division 7,415,612 7,565,489
Fleet Services Capital Purchase 2,061,675 1,138,052
Purchasing Division 4,740,632 3,773,615
Federal Surplus Property Program 100,769 112,603
State Public Works Division Administration 926,362 941,677
State Public Works Division Buildings and Grounds 20,911,344 20,402,750
State Public Works Division Engineering and Planning 7,865,841 7,971,094
State Public Works Division Marlette Lake 1,543,593 1,576,244
State Unemployment Compensation 3,060,935 3,015,149
Human Resource Management 10,247,587 10,576,666
Agency HR Services 1,390,363 1,273,261
Administrative Services Division 3,705,024 3,510,265
Agency IT Services 13,102,289 12,777,537
Office of Chief Information Officer 2,072,138 1,872,671
Computer Facility 26,901,693 27,192,517
Data Communications and Network Engineering 8,190,492 6,900,229
Telecommunications 3,610,625 3,612,066
Network Transport Services 5,032,087 4,887,489
IT Security 3,015,805 2,511,435
State Library 7,091,247 2,167,464
κ2021 Statutes of Nevada, Page 2767 (CHAPTER 434, SB 459)κ
2021-2022 2022-2023
State Library Archives and Public Records $84,329 $86,273
State Library Library Cooperative 475,151 520,119
State Library IPS Equipment/Software 19,820 25,169
Mail Services Division 7,066,870 7,123,455
Mail Services Equipment 968 1,394
Supreme Court of Nevada:
Administrative Office of the Courts $5,987,767 $6,280,008
Judicial Programs and Services Division 434,427 434,419
Uniform System of Judicial Records 2,557,862 2,481,603
Judicial Education 1,542,363 1,282,749
Judicial Support, Governance and Special Events 904,124 1,092,415
Supreme Court 5,124,936 5,421,994
Specialty Court 6,529,195 6,942,701
Senior Justice and Senior Judge Program 513,135 540,677
Supreme Court Law Library 2,250 2,250
Department of Tourism and Cultural Affairs:
Tourism Development Fund $27,725,058 $33,344,927
Tourism Development 183,116 189,757
Nevada Magazine 1,139,668 1,111,674
Museums and History Administration 419,936 441,463
Lost City Museum 333,176 360,004
Nevada Historical Society 313,007 351,798
Nevada State Museum, Carson City 1,049,817 1,137,991
Nevada State Museum, Las Vegas 947,385 1,035,819
Nevada State Railroad Museums 1,054,281 1,126,378
Nevada Arts Council 2,294,678 2,458,257
Nevada Indian Commission 77,540 93,318
Stewart Indian School Living Legacy 170,347 189,069
Governors Office of Economic Development:
Governors Office of Economic Development $138,498 $138,498
Nevada Main Street Program 0 83,516
Nevada Film Office 678,567 698,485
Rural Community Development 3,163,011 3,163,012
Procurement Outreach Program 600,000 600,000
Nevada SSBCI Program 4,635,103 2,997,054
Workforce Innovations for a New Nevada Account 0 1,000,000
Knowledge Account 1,194,866 853,723
Small Business Enterprise Loan Account 516,695 328,118
Department of Taxation:
Department of Taxation $1,836,879 $1,866,966
Legislative Counsel Bureau:
Legislative Counsel Bureau $1,736,384 $1,760,711
Interim Legislative Operations 30,977 25,351
κ2021 Statutes of Nevada, Page 2768 (CHAPTER 434, SB 459)κ
2021-2022 2022-2023
State Printing Office $3,116,739 $3,171,806
Peace Officers Standards and Training Commission:
Peace Officers Standards and Training Commission $2,834,567 $2,689,202
Department of Veterans Services:
Department of Veterans Services $2,331,332 $2,363,697
Southern Nevada Veterans Home Account 30,370,277 33,347,784
Northern Nevada Veterans Home Account 8,086,541 9,372,356
Cannabis Compliance Board:
Marijuana Regulation and Control Account $75,173,668 $78,967,343
Department of Education:
Career and Technical Education $11,435,500 $11,435,500
Account for Alternative Schools 439,429 4,462
Educator Licensure 4,359,981 4,045,015
Office of Early Learning and Development 9,975,220 9,975,220
Student and School Support 169,707,871 169,563,008
Individuals with Disabilities Education Act 88,977,644 89,185,234
District Support Services 833,898 862,065
Department Support Services 5,322,878 5,617,613
Data Systems Management 1,386,795 1,254,940
Standards and Instructional Support 359,112 363,216
Educator Effectiveness 11,983,540 11,983,540
Assessments and Accountability 4,613,542 4,602,629
Safe and Respectful Learning 5,800,939 5,549,997
Office of the Superintendent 6,909,500 1,000
GEAR UP 3,500,000 3,500,000
COVID-19 Funding 1,270,220,303 88,919,197
Continuing Education 6,919,759 6,919,759
State Public Charter School Authority:
State Public Charter School Authority $37,620,936 $39,193,302
Public Charter School Loan Program 420,446 449,408
Nevada System of Higher Education:
University of Nevada, Reno $128,762,441 $133,223,156
UNR - Intercollegiate Athletics 49,423 49,423
UNR - Statewide Programs 531,081 531,081
UNR - School of Medicine 8,858,036 9,046,067
Health Laboratory and Research 58,115 58,115
System Administration 837,506 837,506
University Press 56,410 56,410
System Computing Center 1,458,094 1,458,094
University of Nevada, Las Vegas 157,989,792 161,266,870
UNLV - School of Medicine 6,337,779 6,481,523
Agricultural Experiment Station 2,154,029 2,154,029
Cooperative Extension Service 2,266,953 2,266,953
Business Center North 263,101 263,101
κ2021 Statutes of Nevada, Page 2769 (CHAPTER 434, SB 459)κ
2021-2022 2022-2023
Business Center South $238,504 $238,504
Education for Dependent Children 29,911 16,896
UNLV Law School 6,011,383 6,236,900
Great Basin College 5,928,236 6,072,840
UNLV Dental School 10,239,259 10,239,259
Nevada State College 14,614,903 15,272,880
Desert Research Institute 591,214 591,214
College of Southern Nevada 54,785,899 56,341,671
Western Nevada College 5,854,614 5,876,732
Truckee Meadows Community College 17,498,535 17,830,324
Prison Education Program 104,836 105,424
Capacity Building Enhancement 1,784,260 1,893,985
Western Interstate Commission for Higher Education:
Loans and Stipends $354,470 $354,470
WICHE Administration 36,922 38,499
Department of Health and Human Services:
Health and Human Services Administration $663,899 $670,656
Developmental Disabilities 569,174 569,174
Grants Management Unit 25,083,740 25,082,835
Indigent Hospital Care 66,178,186 65,147,326
Individuals with Disabilities Education Act Part C Compliance 4,139,476 4,139,476
Upper Payment Limit Holding Account 11,892,777 11,873,577
Grief Support Trust Account 106,814 97,165
Data Analytics 2,184,640 2,261,808
Division of Health Care Financing and Policy:
Intergovernmental Transfer Program $218,456,638 $196,907,928
Health Care Financing and Policy Administration 154,877,612 157,915,905
Increased Quality of Nursing Care 45,548,502 47,477,641
Nevada Check-Up Program 44,061,347 44,577,382
Nevada Medicaid 4,505,946,277 4,440,438,634
Prescription Drug Rebate 337,020,899 332,380,636
Division of Public and Behavioral Health:
Behavioral Health:
Southern Nevada Adult Mental Health Services $7,980,592 $7,636,823
Northern Nevada Adult Mental Health Services 5,325,162 3,495,553
Behavioral Health Administration 4,353,006 4,410,175
Behavioral Health Prevention and Treatment 50,691,534 44,840,669
Alcohol Tax Program 1,136,700 1,437,049
Facility for the Mental Offender 429,825 431,099
Rural Clinics 4,741,251 3,853,691
Public Health:
Radiation Control $6,257,279 $6,185,796
κ2021 Statutes of Nevada, Page 2770 (CHAPTER 434, SB 459)κ
2021-2022 2022-2023
Low-Level Radioactive Waste Fund $267,667 $268,007
Child Care Services 2,294,446 2,371,094
Nevada Central Cancer Registry 1,002,297 1,217,633
Health Statistics and Planning 3,949,784 3,866,474
Environmental Health Services 2,510,794 2,428,079
Immunization Program 6,543,082 6,547,068
WIC Food Supplement 67,307,569 67,325,342
Communicable Diseases 27,575,165 27,571,445
Health Care Facilities Regulation 18,456,197 16,304,913
Health Care Facilities Administrative Penalty 69,286 108,989
Public Health Preparedness Program 11,231,983 11,236,406
Chronic Disease 12,995,095 13,012,269
Biostatistics and Epidemiology 101,743,943 101,743,160
Maternal, Child and Adolescent Health Services 7,005,771 7,050,058
Office of Health Administration 11,534,090 11,282,837
Community Health Services 1,853,508 1,734,280
Emergency Medical Services 350,934 345,912
Marijuana Health Registry 3,019,468 3,046,384
Division of Welfare and Supportive Services:
Welfare Administration $34,493,478 $33,587,166
Temporary Assistance for Needy Families 14,698,942 15,761,289
Welfare Field Services Account 98,784,262 103,441,686
Child Support Enforcement Program 17,040,410 16,627,169
Child Support Federal Reimbursement 29,421,683 31,167,476
Welfare Child Assistance and Development 85,615,679 85,222,811
Welfare Energy Assistance Program 22,122,593 22,504,270
Aging and Disability Services Division:
Tobacco Settlement Program $6,680,690 $7,255,151
Federal Programs and Administration 7,809,461 8,122,801
Senior Rx and Disability Rx 586,996 664,134
Home- and Community-Based Services 30,275,323 27,856,111
Family Preservation Program 1,300,000 1,300,000
Rural Regional Center 11,231,088 10,685,249
Desert Regional Center 91,445,880 89,355,490
Sierra Regional Center 31,142,896 30,209,633
Early Intervention Services 8,243,306 6,981,742
Autism Treatment Assistance Program 3,966,540 3,542,597
Applied Behavior Analysis 269,750 346,152
Communication Access Services 4,097,931 3,784,244
Consumer Health Assistance 1,822,741 1,826,847
κ2021 Statutes of Nevada, Page 2771 (CHAPTER 434, SB 459)κ
2021-2022 2022-2023
Division of Child and Family Services:
Juvenile Justice Services $532,257 $531,301
Washoe County Child Welfare 20,678,585 20,956,740
Clark County Child Welfare 56,891,526 58,012,336
Information Services 3,553,554 3,674,087
Children, Youth and Family Administration 39,873,826 34,561,234
Youth Alternative Placement 2,186,312 2,186,312
Caliente Youth Center 2,966,679 363,426
Victims of Domestic Violence 3,016,911 3,170,365
Rural Child Welfare 15,299,631 15,497,736
Child Welfare Trust 346,049 346,059
Childrens Trust Account 1,503,752 1,210,543
Transition from Foster Care 1,254,705 1,154,819
Review of Death of Children 573,311 573,325
Nevada Youth Training Center 1,302,065 341,157
Summit View Youth Center 930,771 172,733
Youth Parole Services 3,340,883 3,413,256
Northern Nevada Child and Adolescent Services 6,620,156 6,779,732
Southern Nevada Child and Adolescent Services 18,744,310 19,132,537
Victims of Crime 8,675,761 8,419,780
Department of Indigent Defense Services:
Office of the State Public Defender $1,400,939 $1,417,187
Adjutant General:
Office of the Military $25,544,677 $25,652,023
Adjutant Generals Special Armory Account 64,218 70,563
Patriot Relief Fund 577 577
Emergency Operations Center 672,152 671,746
State Active Duty 830,000 830,000
Division of Emergency Management 4,849,465 4,992,292
Emergency Management Assistance Grants 19,610,088 19,664,477
Homeland Security 295,866 300,829
Department of Corrections:
Prison Medical Care $2,682,221 $2,682,221
Offenders Store Fund 31,338,686 31,013,014
Office of the Director 254,322 257,198
Correctional Programs 1,198,768 1,221,675
Warm Springs Correctional Center 29,341 29,576
Northern Nevada Correctional Center 213,029 214,438
Prison Industry 6,583,890 6,175,893
Stewart Conservation Camp 149,691 155,233
Pioche Conservation Camp 24,180 24,700
Northern Nevada Transitional Housing 723,286 757,314
Three Lakes Valley Conservation Camp 20,778 21,250
Prison Ranch 3,195,110 3,637,719
κ2021 Statutes of Nevada, Page 2772 (CHAPTER 434, SB 459)κ
2021-2022 2022-2023
Southern Desert Correctional Center $138,608 $140,144
Wells Conservation Camp 18,874 19,257
Humboldt Conservation Camp 18,655 19,021
Jean Conservation Camp 13,071 13,310
Ely State Prison 122,495 115,558
Carlin Conservation Camp 10,513 10,774
Tonopah Conservation Camp 14,798 15,134
Lovelock Correctional Center 224,790 227,161
Casa Grande Transitional Housing 1,151,131 1,194,259
Florence McClure Womens Correctional Center 103,681 43,252
High Desert State Prison 202,925 203,677
Inmate Welfare Account 6,236,043 6,466,807
Commission on Mineral Resources:
Division of Minerals $4,222,045 $3,752,894
State Department of Agriculture:
Agriculture Registration/Enforcement $6,076,340 $5,464,882
Plant Health and Quarantine Services 39,009 40,603
Livestock Inspection 1,646,601 1,723,545
Veterinary Medical Services 298,448 303,210
Commercial Feed 184,123 244,954
Consumer Equitability 4,593,494 5,115,269
Pest, Plant Disease, Noxious Weed Control 1,629,970 1,632,812
Agriculture Administration 3,438,431 3,305,273
Predatory Animal and Rodent Control 32,501 32,501
Nutrition Education Programs 136,956,742 140,905,512
Dairy Fund 1,538,680 1,404,602
Commodity Foods Distribution Program 26,832,679 25,998,171
Livestock Enforcement 351,365 363,744
Public Utilities Commission of Nevada:
Public Utilities Commission $17,462,904 $17,203,091
Nevada Gaming Control Board:
Gaming Control Board $14,829,257 $14,885,476
Gaming Control Board Investigation Fund 13,352,829 13,386,119
Department of Public Safety:
Division of Parole and Probation $8,924,710 $9,303,009
Investigation Division 1,774,584 1,732,705
Training Division 1,775 1,775
State Fire Marshal 4,050,389 4,457,135
Cigarette Fire Safe Standard and Firefighter Support 97,381 73,535
Traffic Safety 7,084,075 7,084,075
Highway Safety Plan and Administration 3,565,888 3,673,706
Motorcycle Safety Program 950,626 824,991
Evidence Vault 723,372 725,168
Forfeitures Law Enforcement 453,929 384,052
κ2021 Statutes of Nevada, Page 2773 (CHAPTER 434, SB 459)κ
2021-2022 2022-2023
NHP K-9 Program $64,343 $29,359
Directors Office 4,158,891 4,204,742
Office of Professional Responsibility 823,212 839,731
Justice Assistance Act 2,005,977 1,797,529
Central Repository for Nevada Records of Criminal History 26,282,389 26,452,856
Nevada Highway Patrol Division 3,519,997 3,519,997
Records, Communications and Compliance Division 7,223,451 7,418,614
Highway Safety Grants Account 2,360,966 2,396,402
Capitol Police 3,256,428 3,299,544
State Emergency Response Commission 3,255,162 3,211,910
Justice Assistance Grant Trust Account 3,963,317 2,213,317
Justice Grant 405,316 353,722
Account for Reentry Programs 5,000 5,000
Colorado River Commission of Nevada:
Colorado River Commission $9,711,555 $10,257,244
Research and Development Account 12,870,206 13,078,324
Power Delivery Project 22,871,536 21,840,977
Power Marketing Fund 34,944,200 35,588,239
State Department of Conservation and Natural Resources:
DEP Administration $9,238,496 $10,299,377
DEP Air Quality 10,519,230 10,673,319
DEP Water Pollution Control 7,607,864 6,994,294
DEP Materials Management and Corrective Action 18,369,487 15,958,454
DEP Mining Regulation/Reclamation 5,968,034 5,593,295
DEP State Revolving Fund Administration 4,202,213 4,256,651
DEP Water Quality Planning 4,043,708 4,014,119
DEP Safe Drinking Water Program 5,206,659 5,111,265
DEP Industrial Site Cleanup 3,108,143 3,144,143
Division of Natural Heritage 995,379 998,630
State Environmental Commission 125,251 125,251
Account for Off-Highway Vehicles 3,855,336 3,289,549
Conservation and Natural Resources Administration 1,039,345 1,038,023
DEP Water Planning Capital Improvement 15,409 15,160
Division of State Parks 12,112,596 12,598,332
Division of Water Resources 1,355,927 1,293,923
Division of State Lands 508,227 497,284
Conservation Districts Program 75,191 25,824
Division of Forestry 3,835,697 3,787,405
Wildland Fire Protection Program 3,325,618 2,980,247
Forest Fire Suppression 7,676,654 7,674,193
Forestry Conservation Camps 3,477,965 3,114,530
Office of Historic Preservation 1,019,129 1,019,129
κ2021 Statutes of Nevada, Page 2774 (CHAPTER 434, SB 459)κ
2021-2022 2022-2023
Forestry Nurseries $1,421,976 $1,006,047
Account to Restore the Sagebrush Ecosystem 1,276,402 1,197,378
Environmental Quality Improvement 89,313 89,113
Tahoe Regional Planning Agency:
Tahoe Regional Planning Agency $12,360,931 $12,360,931
Department of Wildlife:
Directors Office $8,139,983 $7,966,965
Data and Technology Services 4,663,477 4,722,724
Conservation Education 3,034,559 3,135,338
Law Enforcement 7,757,446 7,907,526
Game Management 8,196,860 8,218,081
Fisheries Management 8,916,442 9,023,924
Diversity Division 1,365,038 1,372,205
Habitat 9,989,038 9,765,983
Department of Business and Industry:
Nevada Attorney for Injured Workers $4,020,287 $4,114,315
Employee-Management Relations Board 1,257,997 1,081,281
New Markets Performance Guarantee 4,338,489 4,335,357
Labor Commissioner 119,786 47,805
Financial Institutions Investigations 1,690,617 1,687,642
Insurance Regulation 17,312,539 17,404,095
Captive Insurers 1,273,977 1,487,182
Common-Interest Communities 5,695,531 5,908,322
Insurance Recovery 209,320 209,320
Real Estate Administration 3,232,773 3,235,105
Real Estate Education and Research 824,593 709,079
Real Estate Recovery Account 887,107 887,107
Division of Financial Institutions 7,423,171 7,366,845
Account for Affordable Housing 41,539,450 45,021,645
Special Housing Assistance 2,130,229 2,129,333
Housing Division 7,339,218 7,224,661
Housing Inspection and Compliance 4,769,655 4,776,945
Financial Institutions Audit 289,679 291,658
Division of Mortgage Lending 16,464,805 17,219,902
Nevada Transportation Authority 4,112,564 4,166,001
Transportation Authority Administrative Fines 1,309,714 1,384,044
Taxicab Authority 7,969,569 7,271,599
Division of Industrial Relations 8,066,200 8,165,712
Business and Industry Administration 4,889,087 4,951,606
Occupational Safety and Health Enforcement 12,426,934 12,820,449
Private Activity Bonds 1,895,835 1,986,075
Self-Insured Workers Compensation 643,961 612,543
Safety Consultation and Training 3,699,008 3,812,116
Mine Safety and Training 1,676,486 1,700,373
Weatherization 9,640,960 10,541,262
κ2021 Statutes of Nevada, Page 2775 (CHAPTER 434, SB 459)κ
2021-2022 2022-2023
Department of Transportation:
Transportation Administration $831,909,006 $837,096,416
Statewide Infrastructure Bank 230,328 254,337
Department of Motor Vehicles:
Records Search $10,674,187 $10,822,926
Automation 5,751,105 5,830,078
System Technology Application Redesign 20,040,664 13,518,230
Motor Carrier Division 2,273,491 2,333,899
Motor Vehicle Pollution Control 13,698,941 13,286,678
Verification of Insurance 11,353,081 12,956,308
Hearings Office 3,841 3,841
Division of Field Services 41,849,506 42,777,421
Division of Compliance Enforcement 382,540 389,829
Division of Central Services and Records 7,895,830 8,002,752
Office of the Director 2,100,243 2,149,896
Administrative Services Division 8,261,965 8,109,607
License Plate Factory 4,712,607 4,954,131
Division of Management Services and Programs 44,151 44,151
Department of Employment, Training and Rehabilitation:
Nevada Equal Rights Commission $613,613 $613,613
Blind Business Enterprise Program 4,389,250 4,587,501
Bureau of Services to Persons Who Are Blind or Visually Impaired 2,492,185 2,593,028
Bureau of Vocational Rehabilitation 16,942,647 17,227,548
Rehabilitation Administration 1,646,000 1,718,524
Disability Adjudication 19,909,827 20,361,202
Administration 6,508,876 7,088,516
Research and Analysis 3,309,332 3,881,285
Information Development and Processing 19,488,379 17,474,684
Workforce Development 75,071,333 76,188,673
Employment Security Division Administration 1,997,855 2,344,806
Unemployment Insurance 48,234,971 29,718,702
Employment Security Special Fund 14,255,876 18,267,263
Commission on Postsecondary Education 112,490 112,490
Governors Office of Workforce Innovation 6,527,117 3,806,813
Public Employees Retirement System:
Public Employees Retirement System $19,744,787 $25,426,513
Public Employees Benefits Program:
Public Employees Benefits Program $497,887,035 $524,735,477
Retired Employee Group Insurance 40,914,066 42,356,861
Active Employees Group Insurance 246,659,304 254,366,429
Silver State Health Insurance Exchange:
Silver State Health Insurance Exchange Administration $18,853,472 $17,427,942
κ2021 Statutes of Nevada, Page 2776 (CHAPTER 434, SB 459)κ
Sec. 2. 1. There is hereby authorized for expenditure from the money received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products or recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products the sum of $834,364 for Fiscal Year 2021-2022 and the sum of $834,105 for Fiscal Year 2022-2023 to support the tobacco enforcement operations of the Attorney General Special Litigation Account.
2. Notwithstanding any other provisions of law to the contrary, upon receipt of sufficient money by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products or recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products, the State Controller shall:
(a) Disburse, on or after July 1, 2021, the money authorized for expenditure by subsection 1 in its entirety for Fiscal Year 2021-2022 before other disbursements required by law are made;
(b) Disburse, on or after July 1, 2022, the money authorized for expenditure by subsection 1 in its entirety for Fiscal Year 2022-2023 before other disbursements required by law are made; and
(c) Thereafter in each fiscal year, disburse all other money authorized for expenditure from this same source in the manner provided in NRS 439.630.
3. Any balance of the sums authorized for expenditure by subsection 1 remaining at the end of the respective fiscal years must be disbursed as soon as all payments of money committed have been made as follows: 40 percent to the Millennium Scholarship Trust Fund created by NRS 396.926 and 60 percent to the Fund for a Healthy Nevada created by NRS 439.620.
4. Any money authorized for expenditure in section 1 of this act that originated from the Fund for a Healthy Nevada remaining at the end of the respective fiscal years must be disbursed to the Fund for a Healthy Nevada as soon as all payments of money committed have been made.
Sec. 3. 1. Expenditure of $30,885,269 by the Nevada Gaming Control Board from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2021-2022.
2. Expenditure of $31,511,712 by the Nevada Gaming Control Board from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2022-2023.
3. Any balance of the sums authorized by subsections 1 and 2 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 Nevada Gaming Control Board or any entity to which money from the authorization is granted or otherwise transferred in any manner, and any portion of the balance remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the Nevada Gaming Control Board or the entity to which money from the authorization was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
Sec. 4. 1. Expenditure of $835,621 by the Nevada Gaming Commission from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2021-2022.
κ2021 Statutes of Nevada, Page 2777 (CHAPTER 434, SB 459)κ
2. Expenditure of $709,173 by the Nevada Gaming Commission from the State General Fund pursuant to the provisions of NRS 463.330 is hereby authorized during Fiscal Year 2022-2023.
3. Any balance of the sums authorized by subsections 1 and 2 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 Nevada Gaming Commission or any entity to which money from the authorization is granted or otherwise transferred in any manner, and any portion of the balance remaining must not be spent for any purpose after September 16, 2022, and September 15, 2023, respectively, by either the Nevada Gaming Commission or the entity to which money from the authorization was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
Sec. 5. The money authorized to be expended by the provisions of sections 1 to 4, inclusive, of this act, except for expenditures by the Legislative Department, judicial agencies, the Public Employees Retirement System and the Tahoe Regional Planning Agency, must be expended in accordance with the allotment transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
Sec. 6. 1. Except as otherwise provided in subsection 2 and section 7 of this act, and in accordance with the provisions of NRS 353.220, the Chief of the Budget Division of the Office of Finance in the Office of the Governor may, with the approval of the Governor, authorize the augmentation of the amounts authorized in sections 1 to 4, inclusive, of this act for expenditure by a given officer, department, board, agency, commission and institution from any other state agency, from any agency of local government or of the Federal Government, or from any other source which the Chief determines is in excess of the amount so taken into consideration by this act. The Chief of the Budget Division of the Office of Finance in the Office of the Governor shall reduce any authorization whenever the Chief determines that money to be received will be less than the amounts authorized in sections 1 to 4, inclusive, of this act.
2. The Director of the Legislative Counsel Bureau may, with the approval of the Legislative Commission, authorize the augmentation of the amount authorized in section 1 of this act to the Legislative Fund and the State Printing Fund for expenditure by the Legislative Counsel Bureau from any source which the Director determines is in excess of the amount so taken into consideration by this act. The Director of the Legislative Counsel Bureau shall reduce the authorization whenever the Director determines that money to be received will be less than the amount so authorized in section 1 of this act.
Sec. 7. Except as otherwise provided in sections 8, 11, 13, 14, 15, 17, 18 and 24 of this act and subsection 3 of section 9 of this act, where the operation of an office, department, board, agency, commission, institution or program is financed during the 2021-2023 biennium by an appropriation or appropriations from the State General Fund or the State Highway Fund as well as by money received from other sources,
κ2021 Statutes of Nevada, Page 2778 (CHAPTER 434, SB 459)κ
program is financed during the 2021-2023 biennium by an appropriation or appropriations from the State General Fund or the State Highway Fund as well as by money received from other sources, the portion provided by appropriation from the State General Fund or the State Highway Fund must be decreased to the extent that the receipts of the money from other sources is exceeded, but such a decrease must not jeopardize the receipts of such money as is to be received from other sources.
Sec. 8. 1. The Nevada System of Higher Education may expend the following fees and tuition collected from the registration of students, resident or nonresident:
Fiscal Year Fiscal Year
2021-2022 2022-2023
University of Nevada, Reno $119,762,824 $124,223,539
University of Nevada, Las Vegas 139,629,388 142,906,466
College of Southern Nevada 50,481,195 52,036,967
Western Nevada College 4,517,469 4,538,741
Truckee Meadows Community College 15,527,396 15,981,263
Great Basin College 4,702,024 4,846,628
Nevada State College 12,574,903 13,232,880
UNLV Dental School 9,076,734 9,076,734
UNLV Law School 5,582,631 5,808,148
UNR School of Medicine 7,178,053 7,366,084
UNLV School of Medicine 4,830,425 4,974,169
Prison Education Program 102,176 102,764
Capacity Building Enhancement 1,040,318 1,150,043
2. The Nevada System of Higher Education may expend any additional registration fees and any additional nonresident tuition fees collected from students as a result of registering additional students beyond the budgeted enrollments. The Nevada System of Higher Education may also expend any additional registration fees and nonresident tuition fees resulting from the imposition of fee increases. The Nevada System of Higher Education shall report to the Interim Finance Committee on a biannual basis within 60 days after each reporting period, with the first reporting period to cover July 1, 2021, to December 31, 2021, any additional registration fees and any additional nonresident tuition fees received by each institution beyond the authorized amounts in subsection 1, including identification of the expenditures funded through the additional fees.
3. At the close of Fiscal Year 2021-2022 and Fiscal Year 2022-2023, the amounts authorized for the Nevada System of Higher Education as provided in section 1 of this act shall be considered cumulatively for each budget account. Authorized revenues received within each budget account that do not exceed the amount included in section 1 of this act, combined with authorized amounts approved by the Board of Regents of the University of Nevada and the Office of Finance in the Office of the Governor, if applicable, must not be utilized to decrease State General Fund appropriations when determining whether a reversion to the State General Fund is required at the close of Fiscal Year 2021-2022 and Fiscal Year 2022-2023.
κ2021 Statutes of Nevada, Page 2779 (CHAPTER 434, SB 459)κ
applicable, must not be utilized to decrease State General Fund appropriations when determining whether a reversion to the State General Fund is required at the close of Fiscal Year 2021-2022 and Fiscal Year 2022-2023.
Sec. 9. 1. Except as otherwise provided in subsections 2 and 3, the State Public Defender shall collect not more than the following amounts from the counties for the use of his or her services:
Fiscal Year Fiscal Year
2021-2022 2022-2023
Carson City................................................. $1,261,529 $1,276,548
Storey County................................................ $103,212 $104,441
Totals........................................................... $1,364,741 $1,380,989
2. The State Public Defender may assess and collect, from the counties, their pro rata share of any salary benefit or cost of living increases approved by the 81st Session of the Nevada Legislature for employees of the Office of the State Public Defender for Fiscal Year 2021-2022 and Fiscal Year 2022-2023.
3. If any county chooses to contribute an additional amount, the State Public Defender may, with the approval of the Interim Finance Committee, accept it and apply it to augment his or her services.
Sec. 10. In Fiscal Year 2021-2022 and Fiscal Year 2022-2023, the State Treasurer shall allocate the amount of tax on motor vehicle fuel computed pursuant to NRS 365.535, to be paid on fuel used in watercraft for recreational purposes, equally between the Department of Wildlife and the Division of State Parks of the State Department of Conservation and Natural Resources.
Sec. 11. Money authorized for expenditure in section 1 of this act for the Division of Forestry, the Forestry Conservation Camps and Forest Fire Suppression budget accounts of the State Department of Conservation and Natural Resources for the costs of repair and maintenance of fire-fighting and emergency response vehicles may be expended for that purpose.
Sec. 12. Money authorized for expenditure in section 1 of this act for the State Fire Marshal from the Contingency Account for Hazardous Materials created by NRS 459.735 must be expended to support eligible training programs and related operating costs before any money from the State General Fund may be expended for such training programs.
Sec. 13. Money authorized for expenditure in section 1 of this act for the Division of Forestry and Forest Fire Suppression budget accounts of the State Department of Conservation and Natural Resources for support of the incident business unit may be expended for that purpose.
Sec. 14. Money authorized for expenditure in section 1 of this act for the Forest Fire Suppression budget account of the State Department of Conservation and Natural Resources for the support of the incident business unit and up to $425,000 for the repair and maintenance of fire-fighting and emergency response vehicles that remains unexpended on June 30 of Fiscal Year 2021-2022 or Fiscal Year 2022-2023 may be carried forward to the next fiscal year for those purposes.
Sec. 15. Notwithstanding any provision of law to the contrary, the Western Interstate Commission for Higher Education Loans and Stipends budget account may balance forward to the subsequent fiscal year for expenditure on Health Profession Education Program slots any unobligated loan, stipend and interest repayment revenues authorized by section 1 of this act which were received after May 15 of each fiscal year in the 2021-2023 biennium.
κ2021 Statutes of Nevada, Page 2780 (CHAPTER 434, SB 459)κ
expenditure on Health Profession Education Program slots any unobligated loan, stipend and interest repayment revenues authorized by section 1 of this act which were received after May 15 of each fiscal year in the 2021-2023 biennium.
Sec. 16. Money deposited in the Emergency Operations Center Account of the Office of the Military is restricted to the uses specified, and the unexpended balance of that money on June 30 of Fiscal Year 2021-2022 and Fiscal Year 2022-2023 may be carried forward to the next fiscal year.
Sec. 17. If the Division of Child and Family Services of the Department of Health and Human Services or Clark County or Washoe County receives an additional amount of money from sources other than the State General Fund during Fiscal Year 2021-2022 or Fiscal Year 2022-2023, the Division or County may, with the approval of the Interim Finance Committee, accept the money and apply it to augment child welfare services. This section does not apply to Medicaid funding received, directly or indirectly, as a result of a state plan option related to specialized foster care.
Sec. 18. Money authorized for expenditure in section 8 of this act for the Nevada System of Higher Education that remains unexpended on June 30 of either fiscal year may be carried forward to the next fiscal year for the authorized purposes.
Sec. 19. Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program for the Municipal Bond Bank Revenue or Municipal Bond Bank Debt Services budget account of the Office of the State Treasurer. This section only applies to the bond repayment costs of the bonds from the budget accounts prescribed in this section. As used in this section, bond repayment costs means the principal, interest and related costs of issuance of the bonds and any other costs related to the payment of the bonds or compliance with covenants made in connection with those bonds, as estimated by the State Treasurer.
Sec. 20. Notwithstanding the provisions of NRS 334.040, if the Fleet Services Division of the Department of Administration sells a retired vehicle during the 2021-2023 biennium that was purchased with money from an appropriation from the State General Fund, the revenue from such a sale must be deposited in the State General Fund.
Sec. 21. 1. The Public Employees Benefits Program shall comply with the provisions of NRS 353.220 when projecting funding available in excess of projected budgeted expenditures.
2. Notwithstanding the provisions of NRS 353.220, the Public Employees Benefits Program, including, without limitation, the Board of the Public Employees Benefits Program, shall not expend or otherwise obligate reserves, either realized or projected, in excess of the amounts authorized in section 1 of this act for purposes of changing the health benefits available to state and nonstate active employees, retirees and covered dependents over the 2021-2023 biennium without approval of the Interim Finance Committee upon the recommendation of the Governor.
κ2021 Statutes of Nevada, Page 2781 (CHAPTER 434, SB 459)κ
Sec. 22. Notwithstanding the provisions of NRS 231.1573, except for remaining grant obligations, the unallocated balance in the Catalyst Account established pursuant to NRS 231.1573 must not be committed for expenditure after June 30, 2023, and must be reverted to the State General Fund on or before September 15, 2023.
Sec. 23. It is the intent of the Legislature that the amounts authorized in section 1 of this act for the Nevada Medicaid and the Nevada Check-Up Program budget accounts of the Division of Health Care Financing and Policy of the Department of Health and Human Services must be expended in such a manner as to continue the current service delivery model for prescription drugs in which persons who are enrolled in a Medicaid or Check Up managed care program receive prescription drugs through a Medicaid managed care organization in the 2021-2023 biennium.
Sec. 24. In addition to the amounts authorized in section 1 of this act, if the Division of Health Care Financing and Policy of the Department of Health and Human Services receives additional money not appropriated from the State General Fund or the State Highway Fund during Fiscal Year 2021-2022 or Fiscal Year 2022-2023 for the Nevada Medicaid budget account or the Nevada Check-Up Program budget account, the Division may accept the money in accordance with chapter 353 of NRS to support the Nevada Medicaid budget account and the Nevada Check-Up Program budget account.
Sec. 25. Of the money authorized for the Division of Health Care Financing and Policy of the Department of Health and Human Services for the Nevada Medicaid budget account by section 1 of this act for Fiscal Year 2021-2022, the State Controller shall transfer an authorization of $37,125 to the Health Care Financing and Policy Administration budget account for administrative costs necessary for implementing the provisions of Assembly Bill No. 191 of this session. Any authorized expenditures of money must be expended from a separate expenditure category and must only be used for the purposes of implementing the provisions of Assembly Bill No. 191 of this session. Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program to transfer money authorized pursuant to this section.
Sec. 26. Of the money authorized for the Division of Health Care Financing and Policy of the Department of Health and Human Services for the Nevada Medicaid budget account by section 1 of this act for Fiscal Year 2021-2022, the State Controller shall transfer an authorization of $43,500 to the Health Care Financing and Policy Administration budget account for administrative costs necessary for implementing the provisions of Assembly Bill No. 256 of this session. Any authorized expenditures of money must be expended from a separate expenditure category and must only be used for the purposes of implementing the provisions of Assembly Bill No. 256 of this session. Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program to transfer money pursuant authorized to this section.
Sec. 27. Of the money authorized for the Division of Health Care Financing and Policy of the Department of Health and Human Services for the Nevada Medicaid budget account by section 1 of this act for Fiscal Year 2021-2022, the State Controller shall transfer an authorization of $36,750 to the Health Care Financing and Policy Administration budget account for administrative costs necessary for implementing the provisions of Senate Bill No.
κ2021 Statutes of Nevada, Page 2782 (CHAPTER 434, SB 459)κ
the Nevada Medicaid budget account by section 1 of this act for Fiscal Year 2021-2022, the State Controller shall transfer an authorization of $36,750 to the Health Care Financing and Policy Administration budget account for administrative costs necessary for implementing the provisions of Senate Bill No. 154 of this session. Any authorized expenditures of money must be expended from a separate expenditure category and must only be used for the purposes of implementing the provisions of Senate Bill No. 154 of this session. Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program to transfer money authorized pursuant to this section.
Sec. 28. Of the money authorized for the Division of Health Care Financing and Policy of the Department of Health and Human Services for the Nevada Medicaid budget account by section 1 of this act for Fiscal Year 2021-2022, the State Controller shall transfer an authorization of $125,000 to the Health Care Financing and Policy Administration budget account for administrative costs necessary for implementing the provisions of Senate Bill No. 420 of this session. Any authorized expenditures of money must be expended from a separate expenditure category and must only be used for the purposes of implementing the provisions of Senate Bill No. 420 of this session. Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program to transfer money authorized pursuant to this section.
Sec. 29. Of the money authorized for the Division of Health Care Financing and Policy of the Department of Health and Human Services for the Nevada Medicaid budget account by section 1 of this act for Fiscal Year 2021-2022, the State Controller shall transfer an authorization of $39,000 to the Health Care Financing and Policy Administration budget account for administrative costs necessary for implementing the provisions of Assembly Bill No. 387 of this session. Any authorized expenditures of money must be expended from a separate expenditure category and must only be used for the purposes of implementing the provisions of Assembly Bill No. 387 of this session. Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program to transfer money authorized pursuant to this section.
Sec. 30. Money authorized for expenditure in section 1 of this act for the Applied Behavior Analysis budget account of the Aging and Disability Services Division of the Department of Health and Human Services must be transferred to the Board of Applied Behavior Analysis on October 1, 2021, if and only if Senate Bill No. 217 of this session is enacted by the Legislature and approved by the Governor.
Sec. 31. The amount of $367,665 from the allocation made pursuant to subsection 3 of section 2.7 of chapter 455, Statutes of Nevada 2019, at page 2791, approved by the Interim Finance Committee in Fiscal Year 2019-2020 for the State Department of Conservation and Natural Resources for the purposes set forth in section 2.3 of chapter 455, Statutes of Nevada 2019, at page 2791, which was subsequently transferred to the Division of Forestry budget account during Fiscal Year 2019-2020, may be transferred within the Division of Forestry budget account from one fiscal year to the other, for the support of costs directly related to the four positions approved for wildfire prevention, restoration and long-term planning efforts, and does not revert to the Contingency Account created by NRS 353.266.
κ2021 Statutes of Nevada, Page 2783 (CHAPTER 434, SB 459)κ
Division of Forestry budget account from one fiscal year to the other, for the support of costs directly related to the four positions approved for wildfire prevention, restoration and long-term planning efforts, and does not revert to the Contingency Account created by NRS 353.266. Any remaining balance of the allocation must not be committed for expenditure after June 30, 2025, and must be reverted to the State General Fund on or before September 19, 2025.
Sec. 32. If the name of an officer or agency has been changed or the responsibilities of an officer or agency have been transferred pursuant to the provisions of another act enacted by the Legislature this session and approved by the Governor and the change in name or transfer of duties is not indicated in this act, any reference to that officer or agency in this act shall be deemed to refer to the officer or agency the name of which or duties of which have been changed or transferred by the other act.
Sec. 33. 1. This section and sections 22, 31 and 32 of this act become effective upon passage and approval.
2. Sections 1 to 21, inclusive, 23 and 24 of this act become effective on July 1, 2021.
3. Section 25 of this act becomes effective on July 1, 2021, if and only if Assembly Bill No. 191 of this session is enacted by the Legislature and approved by the Governor.
4. Section 26 of this act becomes effective on July 1, 2021, if and only if Assembly Bill No. 256 of this session is enacted by the Legislature and approved by the Governor.
5. Section 27 of this act becomes effective on July 1, 2021, if and only if Senate Bill No. 154 of this session is enacted by the Legislature and approved by the Governor.
6. Section 28 of this act becomes effective on July 1, 2021, if and only if Senate Bill No. 420 of this session is enacted by the Legislature and approved by the Governor.
7. Section 29 of this act becomes effective on July 1, 2021, if and only if Assembly Bill No. 387 of this session is enacted by the Legislature and approved by the Governor.
8. Section 30 of this act becomes effective on July 1, 2021, if and only if Senate Bill No. 217 of this session is enacted by the Legislature and approved by the Governor.
________
κ2021 Statutes of Nevada, Page 2784κ
Assembly Bill No. 461Committee on Ways and Means
CHAPTER 435
[Approved: June 4, 2021]
AN ACT making an appropriation to the Office of the Attorney General for the cost of replacing standard glass windows and doors with ballistic glass and frames at the Carson City office; 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 Attorney General the sum of $96,000 for the cost of replacing standard glass windows and doors with ballistic glass and frames at the Carson City office.
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. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2785κ
Assembly Bill No. 459Committee on Ways and Means
CHAPTER 436
[Approved: June 4, 2021]
AN ACT relating to workforce development; moving the Office of Workforce Innovation from the Office of the Governor to the Department of Employment, Training and Rehabilitation; revising the name of the Office of Workforce Innovation; providing that the Executive Director of the Office of Workforce Innovation and the State Apprenticeship Director are in the unclassified service of the State; revising provisions relating to the administration and oversight of the State Apprenticeship Council; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Office of Workforce Innovation in the Office of the Governor. (NRS 223.800) Sections 1, 3 and 8 of this bill move the Office of Workforce Innovation from the Office of the Governor into the Department of Employment, Training and Rehabilitation. Sections 2-7 and 15 of this bill reorganize existing provisions of law related to the Office of Workforce Innovation to account for moving the Office into the Department. Sections 9, 10 and 13 of this bill update internal references to existing sections of law relating to the Office.
Section 3 revises the name of the Office to the Governors Office of Workforce Innovation. Section 10.2 of this bill makes a conforming change related to renaming the Office.
Existing law provides that the Executive Director of the Office of Workforce Innovation is not in the classified or unclassified service of the State. (NRS 223.810) Section 4 of this bill provides that the Executive Director is in the unclassified service of the State.
Under existing law, the Office of Workforce Innovation is responsible and accountable for apprenticeship in this State as this States registration agency. (NRS 223.800) Section 10.5 of this bill instead requires the Office of the Labor Commissioner to: (1) act as the State Apprenticeship Agency; and (2) oversee the State Apprenticeship Council and the State Apprenticeship Director. Sections 11, 11.3, 11.7, 12.3 and 12.7 of this bill make conforming changes to existing provisions of law related to the Office of Workforce Innovation to account for the Labor Commissioners oversight of the State Apprenticeship Council. Section 13.5 of this bill makes conforming changes to Senate Bill No. 247 of the 81st Legislative Session to account for this change.
Existing law requires the Governor to appoint a State Apprenticeship Director who is not in the classified or unclassified service of the State. (NRS 610.110) Section 12 of this bill instead requires the Labor Commissioner to appoint a State Apprenticeship Director and provides that the State Apprenticeship Director is in the unclassified service of the State.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 223.085 is hereby amended to read as follows:
223.085 1. The Governor may, within the limits of available money, employ such persons as he or she deems necessary to provide an appropriate staff for the Office of the Governor, including, without limitation, the Office of Economic Development, the Office of Science, Innovation and Technology, the Office of the Western Regional Education Compact [, the Office of Workforce Innovation] and the Governors mansion.
κ2021 Statutes of Nevada, Page 2786 (CHAPTER 436, AB 459)κ
staff for the Office of the Governor, including, without limitation, the Office of Economic Development, the Office of Science, Innovation and Technology, the Office of the Western Regional Education Compact [, the Office of Workforce Innovation] and the Governors mansion. Except as otherwise provided by specific statute, such employees are not in the classified or unclassified service of the State and, except as otherwise provided in NRS 231.043 and 231.047, serve at the pleasure of the Governor.
2. Except as otherwise provided by specific statute, the Governor shall:
(a) Determine the salaries and benefits of the persons employed pursuant to subsection 1, within limits of money available for that purpose; and
(b) Adopt such rules and policies as he or she deems appropriate to establish the duties and employment rights of the persons employed pursuant to subsection 1.
3. The Governor may:
(a) Appoint a Chief Information Officer of the State; or
(b) Designate the Administrator as the Chief Information Officer of the State.
Κ If the Administrator is so appointed, the Administrator shall serve as the Chief Information Officer of the State without additional compensation.
4. As used in this section, Administrator means the Administrator of the Division of Enterprise Information Technology Services of the Department of Administration.
Sec. 2. Chapter 232 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 6, inclusive, of this act.
Sec. 3. The Governors Office of Workforce Innovation is hereby created in the Department.
Sec. 4. 1. The Governor shall appoint the Executive Director of the Governors Office of Workforce Innovation.
2. The Executive Director is in the unclassified service of the State and serves at the pleasure of the Governor.
Sec. 5. The Executive Director of the Governors Office of Workforce Innovation shall:
1. Provide support to the Department, the Governors Workforce Investment Board created by NRS 232.935 and the industry sector councils established by the Governors Workforce Investment Board on matters relating to workforce development.
2. Work in coordination with the Office of Economic Development to establish criteria and goals for workforce development and diversification in this State.
3. Collect and systematize and present in biennial reports to the Governor and the Legislature such statistical details relating to workforce development in the State as the Executive Director of the Office may deem essential to further the objectives of the Governors Office of Workforce Innovation.
4. At the direction of the Director:
(a) Identify, recommend and implement policies related to workforce development.
(b) Define career pathways and identify priority career pathways for secondary and postsecondary education.
(c) Discontinue career pathways offered by the State which fail to meet minimum standards of quality, rigor and cross-education alignment, or that do not demonstrate a connection to priority industry needs.
κ2021 Statutes of Nevada, Page 2787 (CHAPTER 436, AB 459)κ
(d) In consultation with the Governors Workforce Investment Board, identify industry-recognized credentials, workforce development programs and education.
(e) Maintain and oversee the statewide longitudinal data system that links data relating to early childhood education programs and K-12 public education with data relating to postsecondary education and the workforce in this State.
(f) Collect accurate educational data in the statewide longitudinal data system for the purpose of analyzing student performance through employment to assist in improving the educational system and workforce training program in this State.
(g) Apply for and administer grants, including, without limitation, those that may be available from funding reserved for statewide workforce investment activities.
(h) Review the status and structure of local workforce investment areas in the State, in coordination with the Governor and the Governors Workforce Investment Board.
(i) Report periodically to the Governors Workforce Investment Board concerning the administration of the policies and programs of the Governors Office of Workforce Innovation.
(j) On or before March 31 of each year, submit to the Governor a complete report of the activities, discussions, findings and recommendations of the Governors Office of Workforce Innovation.
(k) Suggest improvements regarding the allocation of federal and state money to align workforce training and related education programs in the State, including, without limitation, career and technical education.
(l) On or before January 1 of each year, collect and analyze data as needed to create a written report for the purposes of this paragraph, and submit such a report to the Director of the Legislative Counsel Bureau. The report must include, without limitation:
(1) Statistical data based on an analysis of the number of persons within this State who are engaged in an occupation or profession that is regulated by a regulatory body in relation to the total population of this State or any geographic area within this State;
(2) The demand within this State or any geographic area within this State for the types of services provided by persons within this State who are engaged in an occupation or profession that is regulated by a regulatory body; and
(3) Any other factors relating to the types of services provided by persons within this State who are engaged in an occupation or profession that is regulated by a regulatory body that adversely affect public health or safety.
Κ As used in this paragraph, regulatory body has the meaning ascribed to it in NRS 622.060.
(m) On or before January 1 of each year, submit to the Director of the Legislative Counsel Bureau a written report that includes, without limitation, the most current data and reports produced by the statewide longitudinal data system.
Sec. 6. The following public agencies shall submit educational and workforce data for inclusion in the statewide longitudinal data system maintained pursuant to paragraph (e) of subsection 4 of section 5 of this act:
κ2021 Statutes of Nevada, Page 2788 (CHAPTER 436, AB 459)κ
1. The Department of Employment, Training and Rehabilitation.
2. The Department of Education.
3. The Nevada System of Higher Education.
4. The Department of Motor Vehicles.
5. Any other public agency which is directed by the Governor to submit such data.
Sec. 7. NRS 232.900 is hereby amended to read as follows:
232.900 As used in NRS 232.900 to 232.960, inclusive, and sections 3 to 6, inclusive, of this act unless the context otherwise requires:
1. Department means the Department of Employment, Training and Rehabilitation.
2. Director means the Director of the Department.
Sec. 8. NRS 232.910 is hereby amended to read as follows:
232.910 1. The Department of Employment, Training and Rehabilitation is hereby created. The purpose of the Department is to plan, coordinate and carry out various services and activities designed to achieve and support employment and economic independence for residents of this State who are disadvantaged, displaced or disabled.
2. The Department consists of a Director and the following divisions:
(a) Employment Security Division;
(b) Rehabilitation Division; and
(c) Such other divisions as the Director may establish.
3. The Governors Office of Workforce Innovation, Nevada Equal Rights Commission and the Board for the Education and Counseling of Displaced Homemakers are within the Department.
Sec. 9. NRS 400.027 is hereby amended to read as follows:
400.027 1. The P-20W Research Data System Advisory Committee is hereby created to assist in the coordination and management of the statewide longitudinal data system administered by the Governors Office of Workforce Innovation pursuant to [NRS 223.820.] section 5 of this act. The Chancellor of the System, the Superintendent of Public Instruction and the Director of the Department of Employment, Training and Rehabilitation or their designees serve as ex officio members of the Committee.
2. The Committee may, by a vote of the majority of the Committee, nominate additional members for consideration by the Governor to be appointed to the Committee. The Governor may appoint a nominee to the Committee if the Governor determines that the addition of the nominee to the Committee is necessary or desirable.
3. Each appointed member of the Committee serves a term of 3 years and may be reappointed.
4. The Governor shall call the first meeting of the Committee. At its first meeting and annually thereafter, the members of the Committee shall elect a Chair and a Vice Chair from among the members of the Committee.
5. The Committee shall meet at least once each calendar year and, after its first meeting, at the call of the Chair.
6. The Governors Office of Workforce Innovation shall provide any administrative support necessary for the Committee to carry out its duties.
Sec. 10. NRS 400.037 is hereby amended to read as follows:
400.037 1. The Committee shall:
(a) Support and advise the Executive Director of the Governors Office of Workforce Innovation regarding the maintenance and oversight of the statewide longitudinal data system;
κ2021 Statutes of Nevada, Page 2789 (CHAPTER 436, AB 459)κ
(b) Develop a plan for collaborative research using data from the statewide longitudinal data system; and
(c) Advise and assist the System, the Department of Education, the Governors Office of Workforce Innovation and the Department of Employment, Training and Rehabilitation in:
(1) Applying for and obtaining grants of money for the operation of the statewide longitudinal data system or to carry out the work of the Committee;
(2) Budgeting for the operation of the statewide longitudinal data system or to carry out the work of the Committee;
(3) Proposing legislation relating to the statewide longitudinal data system or to carry out the work of the Committee; and
(4) Matters relating to any contract for any services necessary for the operation or utilization of the statewide longitudinal data system or to carry out the work of the Committee.
2. As used in this section, statewide longitudinal data system means the system administered by the Governors Office of Workforce Innovation pursuant to [NRS 223.820.] section 5 of this act.
Sec. 10.2. NRS 400.045 is hereby amended to read as follows:
400.045 On or before June 30 of each even-numbered year, the Committee shall:
1. Prepare and post a written report of its activities and any recommendations on the Internet website maintained by the Governors Office of Workforce Innovation; and
2. Submit a copy of the written report prepared pursuant to subsection 1 to the:
(a) Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature; and
(b) Governor.
Sec. 10.5. Chapter 607 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Office of the Labor Commissioner shall act as the State Apprenticeship Agency as defined in 29 C.F.R. § 29.2 and has responsibility and accountability for apprenticeship in this State.
2. The Labor Commissioner shall oversee the State Apprenticeship Council and the State Apprenticeship Director pursuant to NRS 610.110 to 610.185, inclusive, and perform such other functions as may be deemed necessary to carry out the intent and purposes of chapter 610 of NRS.
Sec. 11. NRS 610.010 is hereby amended to read as follows:
610.010 As used in this chapter, unless the context otherwise requires:
1. Agreement means a written and signed agreement of indenture as an apprentice.
2. Apprentice means a person who is covered by a written agreement, issued pursuant to a program with an employer, or with an association of employers or an organization of employees acting as agent for an employer.
3. Council means the State Apprenticeship Council created by NRS 610.030.
4. Disability means, with respect to a person:
(a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;
(b) A record of such an impairment; or
(c) Being regarded as having such an impairment.
κ2021 Statutes of Nevada, Page 2790 (CHAPTER 436, AB 459)κ
5. [Executive Director means the Executive Director of the Office of Workforce Innovation.
6.] Gender identity or expression means a gender-related identity, appearance, expression or behavior of a person, regardless of the persons assigned sex at birth.
[7. Office of Workforce Innovation means the Office of Workforce Innovation in the Office of the Governor created by NRS 223.800.
8.] 6. Program means a program of training and instruction as an apprentice in an occupation in which a person may be apprenticed.
[9.] 7. Sexual orientation means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.
[10.] 8. State Apprenticeship Director means the person appointed pursuant to NRS 610.110.
Sec. 11.3. NRS 610.030 is hereby amended to read as follows:
610.030 There is hereby created the State Apprenticeship Council composed of:
1. The following voting members, appointed by the Governor upon recommendation of the [Executive Director of the Office of Workforce Innovation:] Labor Commissioner:
(a) Two members who represent management and have, or have had, a defined role in a jointly administered apprenticeship program, one of whom must be from northern Nevada and one of whom must be from southern Nevada.
(b) Two members who represent labor and have, or have had, a defined role in a jointly administered apprenticeship program, one of whom must be from northern Nevada and one of whom must be from southern Nevada.
(c) Two members, one who represents management and one who represents labor, who have, or have had, a defined role or job in a statewide, jointly administered apprenticeship program.
(d) One member who is a representative of the general public.
2. The following nonvoting members:
(a) The Executive Director of the Office of Economic Development or his or her designee.
(b) The Superintendent of Public Instruction or his or her designee.
(c) One representative of a community college located in a county whose population is 700,000 or more, appointed by the Chancellor of the Nevada System of Higher Education.
(d) One representative of a community college located in a county whose population is less than 700,000, appointed by the Chancellor of the Nevada System of Higher Education.
Sec. 11.7. NRS 610.070 is hereby amended to read as follows:
610.070 1. The [Executive Director of the Office of Workforce Innovation] Labor Commissioner shall select from the membership of the Council a Chair and Vice Chair, who shall hold office for 2 years. Notwithstanding the provisions of NRS 610.030, the Chair, or the Vice Chair in the absence of the Chair, is not entitled to a vote except to break a tie.
2. The State Apprenticeship Director shall serve as the nonvoting Secretary of the Council.
3. The Council may prescribe such bylaws as it deems necessary for its operation.
4. The Council shall meet at least once in each calendar quarter at a time and place specified by the call of the Chair, the State Apprenticeship Director, the [Executive Director] Labor Commissioner or a majority of the members of the Council.
κ2021 Statutes of Nevada, Page 2791 (CHAPTER 436, AB 459)κ
Director, the [Executive Director] Labor Commissioner or a majority of the members of the Council. Special meetings of the Council may be held at the call of the Chair, the State Apprenticeship Director, the [Executive Director] Labor Commissioner or a majority of the members of the Council at such additional times as they deem necessary.
5. The Chair, or the Vice Chair in the absence of the Chair, and four voting members of the Council constitutes a quorum, and a quorum may exercise any power or authority conferred on the Council.
Sec. 12. NRS 610.110 is hereby amended to read as follows:
610.110 1. The [Governor] Labor Commissioner shall appoint a State Apprenticeship Director.
2. The State Apprenticeship Director:
(a) Shall report to the [Executive Director.] Labor Commissioner.
(b) Is [not] in the [classified or] unclassified service of the State and serves at the pleasure of the [Governor.] Labor Commissioner.
(c) Must have responsible administrative experience in public or business administration or must possess broad management skills in areas related to the functions of this chapter.
(d) Must have the demonstrated ability to administer a major public agency in the field of workforce development, and must possess the following skills and attributes:
(1) A comprehensive knowledge of administrative principles and a working knowledge of broad principles relating to subject matters under his or her administrative direction.
(2) The administrative ability to assess the adequacy of agency operations and the protection of the public interest as related to the subject fields.
(3) An ability to organize and present oral and written communication to the Governor, the Legislature and other pertinent officials or persons.
(4) A background which demonstrates that he or she can impartially serve the interests of both employees and employers.
(e) Must not, at the time of appointment or at any time during his or her term of office, receive payment or compensation as the officer of any labor organization or have a pecuniary interest in any labor organization.
Sec. 12.3. NRS 610.120 is hereby amended to read as follows:
610.120 1. [The] Under the direction of the Labor Commissioner, the State Apprenticeship Director shall:
(a) Administer the provisions of this chapter with the advice and guidance of the State Apprenticeship Council.
(b) Keep a record of agreements and their dispositions.
(c) Issue certificates of completion of apprenticeship at the request of the local joint apprenticeship committee.
(d) Promote apprenticeship programs through public engagement activities and other initiatives.
(e) Ensure information and resources related to applications for new apprenticeship programs are made available to the public, including, without limitation, information related to technical assistance and requirements for applicants of new apprenticeship programs.
(f) Establish and maintain an Internet website that provides information regarding apprenticeship programs to the public.
κ2021 Statutes of Nevada, Page 2792 (CHAPTER 436, AB 459)κ
(g) Assist the Council in identifying opportunities for linkages and coordination with the States economic development strategies and workforce investment system that is paid for wholly or in part with public money, in accordance with 29 C.F.R. § 29.13.
(h) Coordinate community-based outreach initiatives designed to promote apprenticeship opportunities among students, displaced workers and other persons who face barriers to entering the workforce.
(i) Prepare budgets and compile annual reports to the Legislature [, Executive Director] and the Governor.
(j) Perform other administrative duties on behalf of the Council.
(k) Perform such other duties as are necessary to carry out the intent and purposes of this chapter.
2. The administration and supervision of related and supplemental instruction for apprentices, coordination of instruction with job experiences, and the selection and training of teachers and coordinators for that instruction are the responsibility of the local joint apprenticeship committees.
3. As used in this section, technical assistance means guidance provided by the [Office of Workforce Innovation] State Apprenticeship Director to the sponsor of a proposed or existing apprenticeship program for the development, revision, amendment or processing of standards of apprenticeship or apprenticeship agreements and the provision of advice to or consultation with such a sponsor to further compliance with the provisions of this chapter and any regulations adopted pursuant thereto.
Sec. 12.7. NRS 610.144 is hereby amended to read as follows:
610.144 To be eligible for registration and approval by the Council, a proposed program must:
1. Be an organized, written plan embodying the terms and conditions of employment, training and supervision of one or more apprentices in an occupation in which a person may be apprenticed and be subscribed to by a sponsor who has undertaken to carry out the program.
2. Contain the pledge of equal opportunity prescribed in 29 C.F.R. § 30.3(c) and, when applicable:
(a) A plan of affirmative action in accordance with 29 C.F.R. § 30.4;
(b) A method of selection authorized in 29 C.F.R. § 30.10;
(c) A nondiscriminatory pool for application as an apprentice; or
(d) Similar requirements expressed in a state plan for equal opportunity in employment in apprenticeships adopted pursuant to 29 C.F.R. Part 30 and approved by the United States Department of Labor.
3. Contain:
(a) Provisions concerning the employment and training of the apprentice in a skilled trade;
(b) A term of apprenticeship of not less than 2,000 hours of work experience, consistent with training requirements as established by practice in the trade;
(c) An outline of the processes in which the apprentice will receive supervised experience and training on the job, and the allocation of the approximate time to be spent in each major process;
(d) Provisions for organized, related and supplemental instruction in technical subjects related to the trade with a minimum of 144 hours for each year of apprenticeship, given in a classroom or through trade, industrial or correspondence courses of equivalent value or other forms of study approved by the Council;
κ2021 Statutes of Nevada, Page 2793 (CHAPTER 436, AB 459)κ
(e) A progressively increasing, reasonable and profitable schedule of wages to be paid to the apprentice consistent with the skills acquired, not less than that allowed by federal or state law or regulations or by a collective bargaining agreement;
(f) Provisions for a periodic review and evaluation of the apprentices progress in performance on the job and related instruction and the maintenance of appropriate records of such progress;
(g) A numeric ratio of apprentices to journeymen consistent with proper supervision, training, safety, continuity of employment and applicable provisions in collective bargaining agreements, in language that is specific and clear as to its application in terms of job sites, workforces, departments or plants;
(h) A probationary period that is reasonable in relation to the full term of apprenticeship, with full credit given for that period toward the completion of the full term of apprenticeship;
(i) Provisions for adequate and safe equipment and facilities for training and supervision and for the training of apprentices in safety on the job and in related instruction;
(j) The minimum qualifications required by a sponsor for persons entering the program, with an eligible starting age of not less than 16 years;
(k) Provisions for the placement of an apprentice under a written agreement as required by this chapter, incorporating directly or by reference the standards of the program;
(l) Provisions for the granting of advanced standing or credit to all applicants on an equal basis for previously acquired experience, training or skills, with commensurate wages for each advanced step granted;
(m) Provisions for the transfer of the employers training obligation when the employer is unable to fulfill his or her obligation under the agreement to another employer under the same or a similar program with the consent of the apprentice and the local joint apprenticeship committee or sponsor of the program;
(n) Provisions for the assurance of qualified training personnel and adequate supervision on the job;
(o) Provisions for the issuance of an appropriate certificate evidencing the successful completion of an apprenticeship;
(p) An identification of the Office of [Workforce Innovation] the Labor Commissioner as the agency for registration of the program;
(q) Provisions for the registration of agreements and of modifications and amendments thereto;
(r) Provisions for notice to the State Apprenticeship Director of persons who have successfully completed the program and of all cancellations, suspensions and terminations of agreements and the causes therefor;
(s) Provisions for the termination of an agreement during the probationary period by either party without cause;
(t) A statement that the program will be conducted, operated and administered in conformity with the applicable provisions of 29 C.F.R. Part 30 or a state plan for equal opportunity in employment in apprenticeships adopted pursuant to 29 C.F.R. Part 30 and approved by the United States Department of Labor;
(u) The name and address of the appropriate authority under the program to receive, process and make disposition of complaints; and
κ2021 Statutes of Nevada, Page 2794 (CHAPTER 436, AB 459)κ
(v) Provisions for the recording and maintenance of all records concerning apprenticeships as may be required by the Council and applicable laws.
Sec. 13. NRS 612.265 is hereby amended to read as follows:
612.265 1. Except as otherwise provided in this section and NRS 239.0115, 607.217 and 612.642, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the persons or employing units identity.
2. Any claimant or a legal representative of a claimant is entitled to information from the records of the Division, to the extent necessary for the proper presentation of the claimants claim in any proceeding pursuant to this chapter. A claimant or an employing unit is not entitled to information from the records of the Division for any other purpose.
3. The Administrator may, in accordance with a cooperative agreement among all participants in the statewide longitudinal data system developed pursuant to NRS 400.037 and administered pursuant to [NRS 223.820,] section 5 of this act, make the information obtained by the Division available to:
(a) The Board of Regents of the University of Nevada for the purpose of complying with the provisions of subsection 4 of NRS 396.531; and
(b) The Director of the Department of Employment, Training and Rehabilitation for the purpose of complying with the provisions of paragraph (d) of subsection 1 of NRS 232.920.
4. Subject to such restrictions as the Administrator may by regulation prescribe, the information obtained by the Division may be made available to:
(a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of laws relating to unemployment compensation, public assistance, workers compensation or labor and industrial relations, or the maintenance of a system of public employment offices;
(b) Any state or local agency for the enforcement of child support;
(c) The Internal Revenue Service of the Department of the Treasury;
(d) The Department of Taxation;
(e) The State Contractors Board in the performance of its duties to enforce the provisions of chapter 624 of NRS; and
(f) The Secretary of State to operate the state business portal established pursuant to chapter 75A of NRS for the purposes of verifying that data submitted via the portal has satisfied the necessary requirements established by the Division, and as necessary to maintain the technical integrity and functionality of the state business portal established pursuant to chapter 75A of NRS.
Κ Information obtained in connection with the administration of the Division may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.
5. Upon written request made by the State Controller or a public officer of a local government, the Administrator shall furnish from the records of the Division the name, address and place of employment of any person listed in the records of employment of the Division. The request may be made electronically and must set forth the social security number of the person about whom the request is made and contain a statement signed by the proper authority of the State Controller or local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation assigned to the State Controller for collection or owed to the local government, as applicable.
κ2021 Statutes of Nevada, Page 2795 (CHAPTER 436, AB 459)κ
electronically and must set forth the social security number of the person about whom the request is made and contain a statement signed by the proper authority of the State Controller or local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation assigned to the State Controller for collection or owed to the local government, as applicable. Except as otherwise provided in NRS 239.0115, the information obtained by the State Controller or local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation assigned to the State Controller for collection or owed to that local government. The Administrator may charge a reasonable fee for the cost of providing the requested information.
6. The Administrator may publish or otherwise provide information on the names of employers, their addresses, their type or class of business or industry, and the approximate number of employees employed by each such employer, if the information released will assist unemployed persons to obtain employment or will be generally useful in developing and diversifying the economic interests of this State. Upon request by a state agency which is able to demonstrate that its intended use of the information will benefit the residents of this State, the Administrator may, in addition to the information listed in this subsection, disclose the number of employees employed by each employer and the total wages paid by each employer. The Administrator may charge a fee to cover the actual costs of any administrative expenses relating to the disclosure of this information to a state agency. The Administrator may require the state agency to certify in writing that the agency will take all actions necessary to maintain the confidentiality of the information and prevent its unauthorized disclosure.
7. Upon request therefor, the Administrator shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation and employment status of each recipient of benefits and the recipients rights to further benefits pursuant to this chapter.
8. To further a current criminal investigation, the chief executive officer of any law enforcement agency of this State may submit a written request to the Administrator that the Administrator furnish, from the records of the Division, the name, address and place of employment of any person listed in the records of employment of the Division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the Administrator shall furnish the information requested. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.
9. In addition to the provisions of subsection 6, the Administrator shall provide lists containing the names and addresses of employers, and information regarding the wages paid by each employer to the Department of Taxation, upon request, for use in verifying returns for the taxes imposed pursuant to chapters 363A, 363B and 363C of NRS. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.
10. Upon the request of any district judge or jury commissioner of the judicial district in which the county is located, the Administrator shall, in accordance with other agreements entered into with other district courts and in compliance with 20 C.F.R. Part 603, and any other applicable federal laws and regulations governing the Division, furnish the name, address and date of birth of persons who receive benefits in any county, for use in the selection of trial jurors pursuant to NRS 6.045.
κ2021 Statutes of Nevada, Page 2796 (CHAPTER 436, AB 459)κ
accordance with other agreements entered into with other district courts and in compliance with 20 C.F.R. Part 603, and any other applicable federal laws and regulations governing the Division, furnish the name, address and date of birth of persons who receive benefits in any county, for use in the selection of trial jurors pursuant to NRS 6.045. The court or jury commissioner who requests the list of such persons shall reimburse the Division for the reasonable cost of providing the requested information.
11. The Division of Industrial Relations of the Department of Business and Industry shall periodically submit to the Administrator, from information in the index of claims established pursuant to NRS 616B.018, a list containing the name of each person who received benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS. Upon receipt of that information, the Administrator shall compare the information so provided with the records of the Employment Security Division regarding persons claiming benefits pursuant to this chapter for the same period. The information submitted by the Division of Industrial Relations must be in a form determined by the Administrator and must contain the social security number of each such person. If it appears from the information submitted that a person is simultaneously claiming benefits under this chapter and under chapters 616A to 616D, inclusive, or chapter 617 of NRS, the Administrator shall notify the Attorney General or any other appropriate law enforcement agency.
12. The Administrator may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in section 3305(c) of the Internal Revenue Code of 1954.
13. The Administrator, any employee or other person acting on behalf of the Administrator, or any employee or other person acting on behalf of an agency or entity allowed to access information obtained from any employing unit or person in the administration of this chapter, or any person who has obtained a list of applicants for work, or of claimants or recipients of benefits pursuant to this chapter, is guilty of a gross misdemeanor if he or she:
(a) Uses or permits the use of the list for any political purpose;
(b) Uses or permits the use of the list for any purpose other than one authorized by the Administrator or by law; or
(c) Fails to protect and prevent the unauthorized use or dissemination of information derived from the list.
14. All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the Division or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.
Sec. 13.5. Section 2 of Senate Bill No. 247 of this session is hereby amended to read as follows:
Sec. 2. NRS 610.144 is hereby amended to read as follows:
610.144 1. To be eligible for registration and approval by the Council, a proposed program must:
[1.] (a) Be an organized, written plan embodying the terms and conditions of employment, training and supervision of one or more apprentices in an apprenticeable occupation [in which a person may be apprenticed] , as defined in 29 C.F.R. § 29.4, and be subscribed to by a sponsor who has undertaken to carry out the program.
κ2021 Statutes of Nevada, Page 2797 (CHAPTER 436, AB 459)κ
be apprenticed] , as defined in 29 C.F.R. § 29.4, and be subscribed to by a sponsor who has undertaken to carry out the program.
[2.] (b) Except as otherwise provided in this paragraph, use a:
(1) Time-based approach, as described in 29 C.F.R. § 29.5(b)(2)(i);
(2) Competency-based approach, as described in 29 C.F.R. § 29.5(b)(2)(ii); or
(3) Hybrid approach, as described in 29 C.F.R. § 29.5(b)(2)(iii).
Κ A program for a construction trade must use a time-based approach.
(c) Contain the pledge of equal opportunity prescribed in 29 C.F.R. § 30.3(c) and, when applicable:
[(a)] (1) A plan of affirmative action in accordance with 29 C.F.R. § 30.4;
[(b)] (2) A method of selection authorized in 29 C.F.R. § 30.10;
[(c)] (3) A nondiscriminatory pool for application as an apprentice; or
[(d)] (4) Similar requirements expressed in a state plan for equal opportunity in employment in apprenticeships adopted pursuant to 29 C.F.R. Part 30 and approved by the United States Department of Labor.
[3.] (d) Provide for the development of skills that are intended to enable an apprentice to engage in a skilled trade generally, rather than for a particular employer or sponsor.
(e) Contain:
[(a)] (1) Provisions concerning the employment and training of the apprentice in a skilled trade;
[(b)] (2) A term of apprenticeship that:
(I) If the program uses a time-based approach, requires the completion of not less than 2,000 hours of [work experience,] on-the-job learning, consistent with training requirements as established by practice in the trade;
[(c)] (II) If the program uses a competency-based approach, specifies the skills that must be demonstrated by an apprentice and addresses how on-the-job learning will be integrated into the program; or
(III) If the program uses a hybrid approach, specifies the skills that must be acquired and the minimum number of hours of on-the-job learning that must be completed by an apprentice;
(3) An outline of the processes in which the apprentice will receive supervised experience and training on the job, and the allocation of the approximate time to be spent in each major process;
[(d)] (4) Provisions for organized, related and supplemental instruction in technical subjects related to the trade with a minimum of 144 hours for each year of apprenticeship, given in a classroom or through trade, industrial or correspondence courses of equivalent value or other forms of study approved by the Council;
[(e)] (5) A progressively increasing, reasonable and profitable schedule of wages to be paid to the apprentice consistent with the skills acquired, not less than that allowed by federal or state law or regulations , [or] by a collective bargaining agreement [;] or by the minimum apprentice wage established by the Council;
κ2021 Statutes of Nevada, Page 2798 (CHAPTER 436, AB 459)κ
[(f)] (6) Provisions for a periodic review and evaluation of the apprentices progress in performance on the job and related instruction and the maintenance of appropriate records of such progress;
[(g)] (7) A numeric ratio of apprentices to journeymen consistent with proper supervision, training, safety, continuity of employment and applicable provisions in collective bargaining agreements, in language that is specific and clear as to its application ; [in terms of job sites, workforces, departments or plants;
(h)] (8) A probationary period that is reasonable in relation to the full term of apprenticeship, with full credit given for that period toward the completion of the full term of apprenticeship;
[(i)] (9) Provisions for adequate and safe equipment and facilities for training and supervision and for the training of apprentices in safety on the job and in related instruction;
[(j)] (10) The minimum qualifications required by a sponsor for persons entering the program, with an eligible starting age of not less than 16 years;
[(k)] (11) Provisions for the placement of an apprentice under a written agreement as required by this chapter, incorporating directly or by reference the standards of the program;
[(l)] (12) Provisions for the granting of advanced standing or credit to all applicants on an equal basis for previously acquired experience, training or skills, with commensurate wages for each advanced step granted;
[(m)] (13) Provisions for the transfer of the employers training obligation when the employer is unable to fulfill his or her obligation under the agreement to another employer under the same or a similar program with the consent of the apprentice and the local joint apprenticeship committee or sponsor of the program;
[(n)] (14) Provisions for the assurance of qualified training personnel and adequate supervision on the job;
[(o)] (15) Provisions for the issuance of an appropriate certificate evidencing the successful completion of an apprenticeship;
[(p)] (16) An identification of the Office of the Labor Commissioner as the agency for registration of the program;
[(q)] (17) Provisions for the registration of agreements and of modifications and amendments thereto;
[(r)] (18) Provisions for notice to the State Apprenticeship Director of persons who have successfully completed the program and of all cancellations, suspensions and terminations of agreements and the causes therefor;
[(s)] (19) Provisions for the termination of an agreement during the probationary period by either party without cause;
[(t)] (20) A statement that the program will be conducted, operated and administered in conformity with the applicable provisions of 29 C.F.R. Part 30 or a state plan for equal opportunity in employment in apprenticeships adopted pursuant to 29 C.F.R. Part 30 and approved by the United States Department of Labor;
[(u)] (21) The name and address of the appropriate authority under the program to receive, process and make disposition of complaints; and
κ2021 Statutes of Nevada, Page 2799 (CHAPTER 436, AB 459)κ
[(v)] (22) Provisions for the recording and maintenance of all records concerning apprenticeships as may be required by the Council and applicable laws.
2. If a program of apprenticeship in a skilled trade is proposed by an employer or association of employers for approval and registration by the Council and the Council has previously approved and registered a program for the skilled trade, the Council shall provide a copy of the proposed program to the sponsor of the approved and registered program and hold a hearing before approving or rejecting the application. The Council shall not approve a proposed program pursuant to this subsection unless the program requires the completion of at least as many hours of on-the-job learning or the demonstration of at least the same number and quality of skills, or both, as applicable, as all existing approved and registered programs in the relevant skilled trade.
3. To determine whether a proposed program should be approved or rejected pursuant to subsection 2, the Council shall consider, in addition to the requirements in subsections 1 and 2, without limitation:
(a) Relevant information concerning the approved and registered program, including, without limitation, the standards for apprenticeship of the program;
(b) Whether the sponsor of the approved and registered program is jointly administered by labor and management;
(c) The provisions of any applicable collective bargaining agreements;
(d) Dictionaries of occupational titles;
(e) Opinions of experts provided by interested parties, including, without limitation, organized labor, licensed contractors and associations of contractors;
(f) Recognized labor and management practices in the relevant industry;
(g) Scope of work descriptions issued by the Labor Commissioner and the United States Department of Labor; and
(h) The supply of skilled workers in the trade in relation to the demand for skilled workers in the trade and the extent to which the sponsor of the approved and registered program is willing and able to provide apprentices to the proposed program.
Κ The Council may condition approval of the proposed program on the payment of compensation to apprentices that is equal to or greater than the compensation provided by the approved and registered apprenticeship program.
Sec. 14. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 14.5. 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.
κ2021 Statutes of Nevada, Page 2800 (CHAPTER 436, AB 459)κ
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. 15. NRS 223.800, 223.810, 223.820 and 223.830 are hereby repealed.
Sec. 16. 1. This section and sections 1 to 13, inclusive, and 14, 14.5 and 15 of this act become effective on July 1, 2021.
2. Section 13.5 of this act becomes effective on October 1, 2021.
________
Assembly Bill No. 460Committee on Ways and Means
CHAPTER 437
[Approved: June 4, 2021]
AN ACT making an appropriation to the Division of Museums and History of the Department of Tourism and Cultural Affairs to restore the school bus program to reimburse transportation costs for public school students to visit state museums; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Division of Museums and History of the Department of Tourism and Cultural Affairs the sum of $200,000 to restore the school bus program to reimburse transportation costs for public school students to visit state museums.
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. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2801κ
Senate Bill No. 409Committee on Finance
CHAPTER 438
[Approved: June 4, 2021]
AN ACT relating to state government; requiring the Division of Human Resource Management of the Department of Administration to charge an annual fee to the Executive Department related to collective bargaining for state employees; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes collective bargaining between the State and certain state employees. (NRS 288.400-288.630) Existing law also requires the Government Employee-Management Relations Board to charge and collect a fee from the Executive Department for each employee of the Executive Department to carry out the duties of the Board. (NRS 288.475) Section 1 of this bill requires the Division of Human Resource Management of the Department of Administration to charge an annual fee to the Executive Department for each employee position in the Executive Department that falls within a designated bargaining unit to carry out the duties of the Division to support the Executive Department in collective bargaining negotiations. Section 2 of this bill indicates the placement of section 1 in the Nevada Revised Statutes.
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 288 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Division of Human Resource Management of the Department of Administration shall charge an annual fee to the Executive Department for each employee position that is within a bargaining unit and eligible to be represented by a labor organization. The Executive Department shall pay the annual fee to the Division on or before the date on which the payment is due, as specified by the Division. The Division may specify different due dates for the annual fee for each agency, board, bureau, commission, department, division, elected officer or other unit of the Executive Department of State Government, including, without limitation, the Nevada System of Higher Education.
2. The Executive Department shall not impose the annual fee charged pursuant to subsection 1 against its employees.
3. The Executive Department may not receive a reduction in the amount of the annual fee charged pursuant to subsection 1 or a refund of any amount of the annual fee based on:
(a) A vacancy in an employee position; or
(b) Whether an exclusive representative has been designated for the bargaining unit in which the employee position is classified pursuant to NRS 288.515.
4. Any money received from the fees collected pursuant to subsection 1 must be accounted for separately and may be used only by the Division of Human Resource Management to provide support to the Executive Department to carry out the provisions of NRS 288.400 to 288.630, inclusive, including, without limitation, the personnel and operating costs of the Division in providing such support.
κ2021 Statutes of Nevada, Page 2802 (CHAPTER 438, SB 409)κ
Human Resource Management to provide support to the Executive Department to carry out the provisions of NRS 288.400 to 288.630, inclusive, including, without limitation, the personnel and operating costs of the Division in providing such support.
5. To carry out the provisions of this section, the Division of Human Resource Management may verify by any reasonable means the number of employee positions in the Executive Department within a bargaining unit that are eligible to be represented by a labor organization or that are represented by a labor organization.
Sec. 2. NRS 288.405 is hereby amended to read as follows:
288.405 As used in NRS 288.400 to 288.630, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 288.410 to 288.435, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. This act becomes effective on July 1, 2021.
________
Senate Bill No. 410Committee on Finance
CHAPTER 439
[Approved: June 4, 2021]
AN ACT making an appropriation to the Central Repository for Nevada Records of Criminal History within the Records, Communications and Compliance Division of the Department of Public Safety for the modernization program for the Nevada Criminal Justice Information 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 Central Repository for Nevada Records of Criminal History within the Records, Communications and Compliance Division of the Department of Public Safety the sum of $15,643,998 for the continuing costs of the modernization program for the Nevada Criminal Justice Information 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. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2803κ
Senate Bill No. 411Committee on Finance
CHAPTER 440
[Approved: June 4, 2021]
AN ACT making appropriations to the Division of Parole and Probation and the Investigation Division of the Department of Public Safety for the replacement of computer hardware and software; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Division of Parole and Probation of the Department of Public Safety the sum of $313,157 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. 2. 1. There is hereby appropriated from the State General Fund to the Investigation Division of the Department of Public Safety the sum of $66,384 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. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2804κ
Senate Bill No. 412Committee on Finance
CHAPTER 441
[Approved: June 4, 2021]
AN ACT making an appropriation to the State Department of Agriculture for new laboratory equipment and maintenance contracts related to veterinary medical services; 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 State Department of Agriculture the sum of $53,550 for new laboratory equipment and maintenance contracts related to veterinary medical services.
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. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2805κ
Senate Bill No. 413Committee on Finance
CHAPTER 442
[Approved: June 4, 2021]
AN ACT making an appropriation to the Nevada Gaming Control Board for the continuing costs of replacement of its information 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 Nevada Gaming Control Board the sum of $5,409,619 for the continuing costs of replacement of its information 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. This act becomes effective upon passage and approval.
________
Senate Bill No. 165Senator Kieckhefer
CHAPTER 443
[Approved: June 4, 2021]
AN ACT relating to sporting events; establishing the Esports Technical Advisory Committee; requiring the Nevada Gaming Control Board to appoint the members of the Committee; authorizing the Committee to make certain recommendations to the Board relating to Esports; authorizing the Board to adopt regulations relating to the recommendations of the Committee; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 10.5 of this bill creates the Esports Technical Advisory Committee. Section 10.5 requires the Nevada Gaming Control Board to appoint members to the Committee and requires the Committee to make recommendations to the Board regarding any guidelines and parameters that are necessary to safeguard the integrity of Esports when wagers are placed at such competitions. Section 10.5 also authorizes the Board to adopt regulations as are necessary to carry out the recommendations of the Committee.
κ2021 Statutes of Nevada, Page 2806 (CHAPTER 443, SB 165)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, Nevada is known as the entertainment capital of the world and is a pioneer in providing new and exciting entertainment opportunities to the public; and
Whereas, Esports is a rapidly emerging business and a new form of entertainment and competition; and
Whereas, The growing interest in Esports for both entertainment and competition creates an opportunity for Nevada to leverage its expertise in gaming and other forms of entertainment and provide an ideal forum to grow this new industry; and
Whereas, Nevada has a desire to partner with this emerging industry with focus on ensuring the integrity of Esports competitions; and
Whereas, There is a natural fit between Nevada and Esports that can promote both the growth of the Esports industry and tourism in Nevada; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-10. (Deleted by amendment.)
Sec. 10.5. Chapter 463 of NRS is hereby amended by adding thereto a new section to read as follows:
1. There is hereby created the Esports Technical Advisory Committee.
2. The Board shall appoint members to the Committee consisting of professionals from the Esports industry, including, without limitation:
(a) Game publishers;
(b) Hosts;
(c) Participants; and
(d) Broadcasters.
3. The Committee shall provide recommendations to the Board on any guidelines and parameters that are necessary to safeguard the integrity of Esports when wagers are placed at such competitions.
4. In carrying out its duties, the Committee may not request or require the disclosure of any proprietary information, intellectual property or trade secret.
5. Each member of the Committee shall serve without compensation.
6. The Board may adopt regulations as are necessary to carry out the recommendations of the Committee.
7. As used in this section:
(a) Esports means a competition between individuals or teams using video games which is hosted at a physical location or online.
(b) Host means any person who:
(1) Acts as an organizer for Esports; and
(2) Produces or stages Esports.
(c) Participant means any individual or team who engages in Esports for remuneration.
Secs. 11-16. (Deleted by amendment.)
Sec. 17. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 2807κ
Senate Bill No. 69Committee on Health and Human Services
CHAPTER 444
[Approved: June 4, 2021]
AN ACT relating to behavioral health; requiring peer recovery support specialists and peer recovery support specialist supervisors who provide peer recovery support services under certain conditions to be certified; authorizing the imposition of civil penalties for certain violations; prohibiting the employment or retention as an independent contractor of a person to provide or supervise the provision of peer recovery support services in a position where the person has regular and substantial contact with minors if the person has been found to have engaged in certain conduct; requiring a certified peer recovery support specialist or certified peer recovery support specialist supervisor to report certain information; requiring the Department of Education to publish a list of evidence-based curricula and programs concerning the prevention of substance misuse and substance use disorder; requiring the participation of public schools in a biennial survey to collect data concerning youth risk behavior of pupils enrolled in certain grades in a public school; abolishing requirements for the licensure of peer support recovery organizations; providing for the certification of substance use disorder prevention coalitions and prescribing the duties of such a coalition; requiring certain reporting concerning curricula and programs on substance misuse and substance use disorders in public schools; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law: (1) defines the term peer support recovery organization to mean a person or agency which, for compensation, provides peer support services to persons who are 18 years of age or older and who suffer from mental illness or an addictive disorder or identify themselves as at risk for mental illness or an addictive disorder; and (2) requires a peer support recovery organization to be licensed by the Division of Public and Behavioral Health of the Department of Health and Human Services as a facility for the dependent. (NRS 449.0045, 449.01563, 449.030) Sections 20.3, 22.5-24.8, 25.2-25.7 and 36 of this bill remove existing provisions for the licensing and regulation of peer support recovery organizations. Sections 2-15.7 instead prescribe certain requirements governing natural persons who provide peer recovery support services. Section 5 of this bill defines the term peer recovery support services to mean nonclinical supportive services that use lived experience in recovery from a substance use disorder or other behavioral health disorder to promote recovery in another person with a substance use disorder or other behavioral health disorder by advocating, mentoring, educating, offering hope and providing assistance in navigating systems. Sections 2.5-4, 6 and 7 of this bill define certain additional relevant terms. Section 8 of this bill: (1) requires, in general, an adult to be certified by the Nevada Certification Board, or its successor organization, as a peer recovery support specialist or peer recovery support specialist supervisor before providing or supervising the provision of, as applicable, peer recovery support services for compensation as a regular part of his or her job duties; (2) provides for the imposition of a civil penalty against an adult who violates that requirement; and (3) authorizes an adult who is not certified to provide peer recovery support services to adults for compensation as an intern under certain circumstances.
κ2021 Statutes of Nevada, Page 2808 (CHAPTER 444, SB 69)κ
compensation as an intern under certain circumstances. Section 15 of this bill authorizes the Division to bring an action to enjoin any adult from providing or supervising the provision of peer recovery support services in violation of section 8.
Sections 9-14 and 31.5 of this bill provide for the certification and regulation of peer recovery support specialists and peer recovery support specialist supervisors by the Division if the Nevada Certification Board or its successor organization ceases to certify such persons. Specifically, section 31.5 replaces the required certification by the Nevada Certification Board or its successor organization with a requirement for an adult who provides or supervises the provision of peer recovery support services for compensation as a regular part of his or her job duties to obtain certification from the Division under those circumstances. If the Division issues such certification because the Nevada Certification Board ceases to do so, section 9 of this bill: (1) requires the State Board of Health to adopt regulations governing peer recovery support services; and (2) authorizes the Board to establish by regulation exemptions from the requirement to be certified by the Division.
Existing federal law requires each state to adopt procedures to ensure that applicants for certain licenses and certificates comply with child support obligations. (42 U.S.C. § 666) Sections 10 and 11 of this bill enact such procedures as applicable to an applicant to the Division for a certificate as a peer recovery support specialist or peer recovery support specialist supervisor in order to comply with federal law.
If the Division certifies peer recovery support specialists pursuant to sections 9 and 31.5, sections 12 and 13 of this bill provide for the issuance of a certificate as a peer recovery support specialist or peer recovery support specialist supervisor by endorsement to certain applicants who are licensed, certified or hold another credential as a peer recovery support specialist or peer recovery support specialist supervisor, as applicable, issued by another jurisdiction.
Section 14 of this bill: (1) requires an applicant to the Division for renewal of a certificate who has a state business license to provide his or her business identification number in the application; and (2) prohibits the renewal of a certificate if the applicant fails to provide such information or is delinquent on a debt to a state agency.
Section 15.6 of this bill requires an employer, a person or an entity who employs a person for the purpose of providing or supervising the provision of peer recovery support services in a position where the person has regular and substantial contact with minors or retains an independent contractor to provide those services in such a position to undergo a screening to determine whether the person has, within the immediately preceding 5 years, been the subject of a substantiated report of: (1) the abuse or neglect of a child; or (2) a violation of provisions prohibiting certain sexual conduct regarding minors, corporal punishment in public schools or the use of aversive interventions against pupils with disabilities in private schools. Section 15.6 in general: (1) prohibits the employment of a person or retention of a person as an independent contractor for the purpose of providing peer recovery support services in a position where the person has regular and substantial contact with minors if the person has been found to have engaged in such conduct within the immediately preceding 5 years; and (2) requires the termination of an employee or independent contractor who provides peer recovery support services in a position where the person has regular and substantial contact with minors and has been found to have engaged in such conduct within that period. Section 15.6 authorizes an employee or independent contractor who believes that the information provided through a screening is incorrect to attempt to correct the information. Section 15.6 also authorizes the Division to adopt regulations establishing a process to determine whether an employee or independent contractor who has been found to have engaged in such conduct within the immediately preceding 5 years may continue to provide peer recovery support services and have regular and substantial contact with minors. Section 15.6 provides for the imposition of administrative penalties on persons and entities who violate those requirements. Section 15.7 of this bill requires a person or entity that employs a person or retains an independent contractor to provide or supervise the provision of peer recovery support services in a position where the person has regular and substantial contact with minors to maintain certain records of the screenings required by section 15.6.
κ2021 Statutes of Nevada, Page 2809 (CHAPTER 444, SB 69)κ
entity that employs a person or retains an independent contractor to provide or supervise the provision of peer recovery support services in a position where the person has regular and substantial contact with minors to maintain certain records of the screenings required by section 15.6.
Sections 17, 21 and 28 of this bill require a certified peer recovery support specialist or certified peer recovery support specialist supervisor to report: (1) the abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person; (2) the abuse or neglect of a child; and (3) violations of statutes or regulations governing nursing. If the Division certifies peer recovery support specialists and peer recovery support specialist supervisors pursuant to sections 9 and 31.5 and a peer recovery support specialist or peer recovery support specialist supervisor is reported to have abused, neglected, exploited, isolated or abandoned an older person or vulnerable person, section 18 of this bill requires the submission of the information in the report to the Division. Section 25 of this bill makes a conforming change to reflect the replacement of the requirement that peer support recovery organizations must be licensed with a requirement that peer recovery support specialists and peer recovery support specialist supervisors must be certified. Sections 29-31 of this bill exempt certified peer recovery support specialists and certified peer recovery support specialist supervisors from provisions governing certain other professions related to behavioral health.
Existing law requires the Council to Establish Academic Standards for Public Schools to establish standards of content and performance for certain subjects, including health and science. (NRS 389.520) Existing regulations establish standards of content and performance for health in the sixth, seventh and eighth grades and high school that include instruction related to substance use, misuse and abuse. (NAC 389.381, 389.455) Section 18.5 of this bill requires the Department of Education to develop, maintain and publish a list of evidence-based curricula and programs concerning substance misuse and substance use disorders. Section 32 of this bill requires the board of trustees of each school district and the governing body of each charter school to submit to the Legislative Committee on Education a report that describes any curriculum or program concerning substance misuse or substance use disorders used or offered in the school district or charter school, as applicable, during the 2020-2021 school year.
Section 20 of this bill requires the board of trustees of each school district and the governing body of each charter school that operates a middle school, junior high school or high school to ensure that the school district or charter school participates in the biennial survey administered pursuant to the Youth Risk Behavior Surveillance System developed by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, which is a system pursuant to which a survey is administered every other year to a sampling of pupils in grades 6 to 12, inclusive, to collect data concerning health-risk behaviors by such pupils. Section 20 also authorizes: (1) the parent or guardian of a pupil who is an unemancipated minor to refuse consent to the administration of the survey to the pupil; and (2) a pupil to refuse to participate in the survey.
Existing law requires the Division of Public and Behavioral Health of the Department of Health and Human Services to: (1) formulate and operate a comprehensive state plan for programs for alcohol or other substance use disorders; and (2) coordinate the efforts to carry out the state plan and coordinate all state and federal financial support of programs for alcohol or other substance use disorders in this State. (NRS 458.025) Section 26 of this bill requires the State Board of Health to adopt regulations providing for the certification of substance use disorder prevention coalitions, which are coalitions of persons and entities who possess knowledge and experience related to the prevention of substance misuse and substance use disorders in regions of this State. Section 26 also prescribes the duties of a certified substance use disorder prevention coalition, and section 27 of this bill makes a conforming change to indicate the placement of section 26 within the Nevada Revised Statutes.
κ2021 Statutes of Nevada, Page 2810 (CHAPTER 444, SB 69)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 433 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15.7, inclusive, of this act.
Sec. 2. As used in sections 2 to 15.7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 2.5 to 7, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 2.5. Adult means a natural person who is 18 years of age or older.
Sec. 3. Board means the State Board of Health.
Sec. 4. Certificate means a certificate issued by the Division that authorizes the holder to provide or supervise the provision of peer recovery support services, as applicable.
Sec. 5. Peer recovery support services means nonclinical supportive services that use lived experience in recovery from a substance use disorder or other behavioral health disorder to promote recovery in another person with a substance use disorder or other behavioral health disorder by advocating, mentoring, educating, offering hope and providing assistance in navigating systems.
Sec. 6. Peer recovery support specialist means an adult who is authorized under the provisions of section 8 of this act to provide peer recovery support services for compensation as a regular part of his or her job duties. The term does not include a peer recovery support specialist intern.
Sec. 6.5. Peer recovery support specialist intern means an adult who is authorized under the provisions of section 8 of this act to provide peer recovery support services for compensation as a regular part of his or her job duties while the adult is acquiring the experience necessary for certification as a peer recovery support specialist.
Sec. 7. Peer recovery support specialist supervisor means an adult who is authorized under the provisions of section 8 of this act to supervise the provision of peer recovery support services for compensation as a regular part of his or her job duties.
Sec. 8. 1. Except as authorized by subsection 2, an adult shall not:
(a) Provide peer recovery support services for compensation as a regular part of his or her job duties or hold himself or herself out as authorized to provide peer recovery support services unless he or she holds a valid certificate as a peer recovery support specialist issued by the Nevada Certification Board or its successor organization.
(b) Supervise the provision of peer recovery support services for compensation as a regular part of his or her job duties or hold himself or herself out as authorized to supervise the provision of peer recovery support services unless he or she holds a valid certificate as a peer recovery support specialist supervisor issued by the Nevada Certification Board or its successor organization.
2. If the Nevada Certification Board or its successor organization establishes conditions governing the provision of peer recovery support services by a person who is not certified as a peer recovery support specialist while the person is acquiring the experience necessary for certification as a peer recovery support specialist, an adult who is not certified as a peer recovery support specialist may:
κ2021 Statutes of Nevada, Page 2811 (CHAPTER 444, SB 69)κ
specialist while the person is acquiring the experience necessary for certification as a peer recovery support specialist, an adult who is not certified as a peer recovery support specialist may:
(a) Provide peer recovery support services for compensation as a regular part of his or her job duties under those conditions; and
(b) Use the title of peer recovery support specialist intern while providing peer recovery support services under those conditions.
3. The Division may impose upon an adult who violates this section a civil penalty in an amount prescribed by regulation of the Board.
Sec. 9. 1. The Board shall adopt regulations governing the provision of peer recovery support services. The regulations must prescribe:
(a) The requirements for the issuance and renewal of a certificate as a peer recovery support specialist or peer recovery support specialist supervisor, which must include, without limitation, required training and experience for peer recovery support specialists and peer recovery support specialist supervisors.
(b) Requirements governing the supervision of peer recovery support specialists by peer recovery support specialist supervisors.
(c) Procedures for the Division to investigate misconduct by a peer recovery support specialist or peer recovery support specialist supervisor and to impose disciplinary action for such misconduct.
(d) The forms of disciplinary action that the Division may impose against a peer recovery support specialist or peer recovery support specialist supervisor.
2. The Board may, by regulation, prescribe a fee for:
(a) The issuance of a certificate; and
(b) The renewal of a certificate.
3. Any fee prescribed pursuant to subsection 2 must be calculated to produce the revenue estimated to cover the costs related to the issuance and renewal of certificates, but in no case may the fee for the issuance or renewal of a certificate exceed the actual cost to the Division of issuing or renewing the certificate, as applicable.
4. The regulations adopted pursuant to this section may establish exemptions from the provisions of section 8 of this act.
Sec. 10. 1. A person who applies for the issuance or renewal of a certificate must:
(a) Include the social security number of the applicant in the application submitted to the Division.
(b) Submit to the Division the statement prescribed by the Division of Welfare and Supportive Services of the Department pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The Division shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the certificate; or
(b) A separate form prescribed by the Division.
3. A certificate may not be issued or renewed by the Division if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
κ2021 Statutes of Nevada, Page 2812 (CHAPTER 444, SB 69)κ
in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 11. 1. If the Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a natural person who is the holder of a certificate, the Division shall deem the certificate issued to that person to be suspended at the end of the 30th day after the date the court order was issued unless the Division receives a letter issued to the holder of the certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Division shall reinstate a certificate that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate was suspended stating that the person whose certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 12. 1. The Division may issue a certificate by endorsement as a peer recovery support specialist or peer recovery support specialist supervisor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Division an application for such a certificate if the applicant holds a corresponding valid and unrestricted license, certificate or other credential as a peer recovery support specialist or peer recovery support specialist supervisor, as applicable, in the District of Columbia or any state or territory of the United States.
2. An applicant for a certificate by endorsement pursuant to this section must submit to the Division with his or her application:
(a) Proof satisfactory to the Division that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license, certificate or other credential as a peer recovery support specialist or peer recovery support specialist supervisor, as applicable; and
(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(c) The fee prescribed by the Board in the regulations adopted pursuant to section 9 of this act; and
(d) Any other information required by the Division.
κ2021 Statutes of Nevada, Page 2813 (CHAPTER 444, SB 69)κ
3. Not later than 15 business days after the Division receives an application for a certificate by endorsement as a peer recovery support specialist or peer recovery support specialist supervisor pursuant to this section, the Division shall provide written notice to the applicant of any additional information required by the Division to consider the application. Unless the Division denies the application for good cause, the Division shall approve the application and issue a certificate by endorsement as a peer recovery support specialist or peer recovery support specialist supervisor, as applicable, to the applicant not later than 45 days after receiving the application.
Sec. 13. 1. The Division may issue a certificate by endorsement as a peer recovery support specialist or peer recovery support specialist supervisor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Division an application for such a certificate if the applicant:
(a) Holds a corresponding valid and unrestricted license, certificate or other credential as a peer recovery support specialist or peer recovery support specialist supervisor, as applicable, in the District of Columbia or any state or territory of the United States; and
(b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the spouse, widow or widower of a veteran.
2. An applicant for a certificate by endorsement pursuant to this section must submit to the Division with his or her application:
(a) Proof satisfactory to the Division that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license, certificate or other credential as a peer recovery support specialist or peer recovery support specialist supervisor, as applicable; and
(3) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(c) The fee prescribed by the Board in the regulations adopted pursuant to section 9 of this act; and
(d) Any other information required by the Division.
3. Not later than 15 business days after the Division receives an application for a certificate by endorsement as a peer recovery support specialist or peer recovery support specialist supervisor pursuant to this section, the Division shall provide written notice to the applicant of any additional information required by the Division to consider the application. Unless the Division denies the application for good cause, the Division shall approve the application and issue a certificate by endorsement as a peer recovery support specialist or peer recovery support specialist supervisor, as applicable, to the applicant not later than 45 days after receiving all the additional information required by the Division to complete the application.
4. At any time before making a final decision on an application for a certificate by endorsement pursuant to this section, the Division may grant a provisional certificate authorizing an applicant to practice as a peer recovery support specialist or peer recovery support specialist supervisor, as applicable, in accordance with regulations adopted by the Board.
κ2021 Statutes of Nevada, Page 2814 (CHAPTER 444, SB 69)κ
recovery support specialist or peer recovery support specialist supervisor, as applicable, in accordance with regulations adopted by the Board.
5. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
Sec. 14. 1. In addition to any other requirements set forth in sections 2 to 15.7, inclusive, of this act, an applicant for the renewal of a certificate as a recovery support specialist or recovery support specialist supervisor must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.
2. A certificate may not be renewed if:
(a) The applicant fails to submit the information required by subsection 1; or
(b) The State Controller has informed the Division pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:
(1) Satisfied the debt;
(2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or
(3) Demonstrated that the debt is not valid.
3. As used in this section:
(a) Agency has the meaning ascribed to it in NRS 353C.020.
(b) Debt has the meaning ascribed to it in NRS 353C.040.
Sec. 15. 1. The Division may bring an action in the name of the State of Nevada to enjoin any adult from engaging in conduct that violates the provisions of section 8 of this act.
2. It is sufficient in such an action to allege that the defendant did, on a certain date and in a certain place, engage in conduct for which a certificate is required by section 8 of this act without a valid certificate.
Secs. 15.2 and 15.4. (Deleted by amendment.)
Sec. 15.6. 1. Not later than 3 days after employing a person to provide or supervise the provision of peer recovery support services in a position where the person has regular and substantial contact with minors or retaining a person as an independent contractor to provide or supervise the provision of peer recovery support services in such a position and every 5 years thereafter, an employer, or person or entity who retained the independent contractor shall:
(a) Obtain from the employee or independent contractor written authorization for the release of any information that may be available from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100; and
(b) Complete a child abuse and neglect screening through the Central Registry to determine whether there has been a substantiated report of child abuse or neglect or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 made against the person.
2. Except as otherwise provided in any regulations adopted pursuant to subsection 4, upon receiving information pursuant to subsection 1 from the Central Registry or from any other source that an employee or independent contractor described in subsection 1 has, within the immediately preceding 5 years, had a substantiated report of child abuse or neglect or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 made against him or her, the employer or person or entity who retained the independent contractor shall terminate the employment or contract of the employee or independent contractor, as applicable, after allowing the employee or independent contractor time to correct the information as required pursuant to subsection 3.
κ2021 Statutes of Nevada, Page 2815 (CHAPTER 444, SB 69)κ
independent contractor described in subsection 1 has, within the immediately preceding 5 years, had a substantiated report of child abuse or neglect or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 made against him or her, the employer or person or entity who retained the independent contractor shall terminate the employment or contract of the employee or independent contractor, as applicable, after allowing the employee or independent contractor time to correct the information as required pursuant to subsection 3.
3. If an employee or independent contractor described in subsection 1 believes that the information provided to the employer or person or entity who retained the independent contractor pursuant to subsection 2 is incorrect, the employee or independent contractor must inform the employer, person or entity immediately. The employer, person or entity shall give any such employee or independent contractor 30 days to correct the information.
4. The Division, in consultation with each agency which provides child welfare services, may establish by regulation a process by which it may review evidence upon request to determine whether an employee or independent contractor described in subsection 1 who has, within the immediately preceding 5 years, had a substantiated report of child abuse or neglect or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 made against him or her may continue to provide or supervise the provision of peer recovery support services and have regular and substantial contact with minors despite the report. Any such review must be conducted in a manner which does not discriminate against a person in violation of 42 U.S.C. §§ 2000e et seq.
5. If a process for review is established pursuant to subsection 4, an employee or independent contractor described in subsection 1 may request such a review in the manner established by the Division. Any determination made by the Division is final for purposes of judicial review.
6. During any period in which an employee or independent contractor seeks to correct information pursuant to subsection 3 or requests a review of information pursuant to subsection 5, it is within the discretion of the employer or person or entity who retained the independent contractor whether to allow the employee or independent contractor to continue to work for the employer, person or entity, as applicable, except that the employee or independent contractor shall not have regular and substantial contact with minors without supervision during such a period.
7. The Division shall adopt regulations to establish civil penalties to be imposed against any person or entity that fails to comply with the requirements of this section.
8. As used in this section, agency which provides child welfare services has the meaning ascribed to it in NRS 424.011.
Sec. 15.7. 1. A person or entity that employs a person or retains an independent contractor for the purpose of providing or supervising the provision of peer recovery support services in a position where the person has regular and substantial contact with minors shall maintain records of the information concerning such employees and independent contractors that is collected pursuant to section 15.6 of this act, including, without limitation, the written authorization for the release of information from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100.
κ2021 Statutes of Nevada, Page 2816 (CHAPTER 444, SB 69)κ
2. The records maintained pursuant to subsection 1 must be:
(a) Maintained for the period that the employee or independent contractor has regular and substantial contact with minors; and
(b) Made available for inspection by the Division at any reasonable time and copies thereof must be furnished to the Division upon request.
Secs. 15.8 and 16. (Deleted by amendment.)
Sec. 17. NRS 200.5093 is hereby amended to read as follows:
200.5093 1. Any person who is described in subsection 4 and who, in a professional or occupational capacity, knows or has reasonable cause to believe that an older person or vulnerable person has been abused, neglected, exploited, isolated or abandoned shall:
(a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to:
(1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;
(2) A police department or sheriffs office; or
(3) A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services; and
(b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person or vulnerable person has been abused, neglected, exploited, isolated or abandoned.
2. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.
3. Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes.
4. A report must be made pursuant to subsection 1 by the following persons:
(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug counselor, alcohol and drug counselor, music therapist, athletic trainer, driver of an ambulance, paramedic, licensed dietitian, holder of a license or a limited license issued under the provisions of chapter 653 of NRS , peer recovery support specialist, as defined in section 6 of this act, peer recovery support specialist supervisor, as defined in section 7 of this act, or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person or vulnerable person who appears to have been abused, neglected, exploited, isolated or abandoned.
(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person by a member of the staff of the hospital.
κ2021 Statutes of Nevada, Page 2817 (CHAPTER 444, SB 69)κ
manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person by a member of the staff of the hospital.
(c) A coroner.
(d) Every person who maintains or is employed by an agency to provide personal care services in the home.
(e) Every person who maintains or is employed by an agency to provide nursing in the home.
(f) Every person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 449.4304.
(g) Any employee of the Department of Health and Human Services, except the State Long-Term Care Ombudsman appointed pursuant to NRS 427A.125 and any of his or her advocates or volunteers where prohibited from making such a report pursuant to 45 C.F.R. § 1321.11.
(h) Any employee of a law enforcement agency or a countys office for protective services or an adult or juvenile probation officer.
(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons or vulnerable persons.
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person and refers them to persons and agencies where their requests and needs can be met.
(k) Every social worker.
(l) Any person who owns or is employed by a funeral home or mortuary.
(m) [Every person who operates or is employed by a peer support recovery organization, as defined in NRS 449.01563.
(n)] Every person who operates or is employed by a community health worker pool, as defined in NRS 449.0028, or with whom a community health worker pool contracts to provide the services of a community health worker, as defined in NRS 449.0027.
5. A report may be made by any other person.
6. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person or vulnerable person has died as a result of abuse, neglect, isolation or abandonment, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person or vulnerable person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney, the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes his or her written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.
7. A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging and Disability Services Division of the Department of Health and Human Services, must be forwarded within 30 days after the completion of the report to the:
κ2021 Statutes of Nevada, Page 2818 (CHAPTER 444, SB 69)κ
(a) Aging and Disability Services Division;
(b) Repository for Information Concerning Crimes Against Older Persons or Vulnerable Persons created by NRS 179A.450; and
(c) Unit for the Investigation and Prosecution of Crimes.
8. If the investigation of a report results in the belief that an older person or vulnerable person is abused, neglected, exploited, isolated or abandoned, the Aging and Disability Services Division of the Department of Health and Human Services or the countys office for protective services may provide protective services to the older person or vulnerable person if the older person or vulnerable person is able and willing to accept them.
9. A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.
10. As used in this section, Unit for the Investigation and Prosecution of Crimes means the Unit for the Investigation and Prosecution of Crimes Against Older Persons or Vulnerable Persons in the Office of the Attorney General created pursuant to NRS 228.265.
Sec. 18. NRS 200.5095 is hereby amended to read as follows:
200.5095 1. Reports made pursuant to NRS 200.5093 and 200.5094, and records and investigations relating to those reports, are confidential.
2. A person, law enforcement agency or public or private agency, institution or facility who willfully releases data or information concerning the reports and investigation of the abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, except:
(a) Pursuant to a criminal prosecution;
(b) Pursuant to NRS 200.50982; or
(c) To persons or agencies enumerated in subsection 3,
Κ is guilty of a misdemeanor.
3. Except as otherwise provided in subsection 2 and NRS 200.50982, data or information concerning the reports and investigations of the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person is available only to:
(a) A physician who is providing care to an older person or a vulnerable person who may have been abused, neglected, exploited, isolated or abandoned;
(b) An agency responsible for or authorized to undertake the care, treatment and supervision of the older person or vulnerable person;
(c) A district attorney or other law enforcement official who requires the information in connection with an investigation of the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person;
(d) A court which has determined, in camera, that public disclosure of such information is necessary for the determination of an issue before it;
(e) A person engaged in bona fide research, but the identity of the subjects of the report must remain confidential;
(f) A grand jury upon its determination that access to such records is necessary in the conduct of its official business;
(g) Any comparable authorized person or agency in another jurisdiction;
(h) A legal guardian of the older person or vulnerable person, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to the public agency is protected, and the legal guardian of the older person or vulnerable person is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment;
κ2021 Statutes of Nevada, Page 2819 (CHAPTER 444, SB 69)κ
the older person or vulnerable person is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment;
(i) If the older person or vulnerable person is deceased, the executor or administrator of his or her estate, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to the public agency is protected, and the executor or administrator is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment;
(j) The older person or vulnerable person named in the report as allegedly being abused, neglected, exploited, isolated or abandoned, if that person is not legally incapacitated;
(k) An attorney appointed by a court to represent a protected person in a guardianship proceeding pursuant to NRS 159.0485, if:
(1) The protected person is an older person or vulnerable person;
(2) The identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to the public agency is protected; and
(3) The attorney of the protected person is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment; or
(l) The State Guardianship Compliance Office created by NRS 159.341.
4. If the person who is reported to have abused, neglected, exploited, isolated or abandoned an older person or a vulnerable person is the holder of a license or certificate issued pursuant to chapters 449, 630 to 641B, inclusive, 653 or 654 of NRS [,] or sections 2 to 15.7, inclusive, of this act, the information contained in the report must be submitted to the board or agency that issued the license [.] or certificate.
5. If data or information concerning the reports and investigations of the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person is made available pursuant to paragraph (b) or (j) of subsection 3 or subsection 4, the name and any other identifying information of the person who made the report must be redacted before the data or information is made available.
Sec. 18.5. Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:
The Department shall develop, maintain and publish on an Internet website maintained by the Department a list of evidence-based curricula and programs concerning the prevention of substance misuse and substance use disorders.
Sec. 19. (Deleted by amendment.)
Sec. 20. Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, the board of trustees of each school district and the governing body of each charter school that operates a middle school, junior high school or high school shall ensure that the school district or charter school, as applicable, participates in the biennial survey administered pursuant to the Youth Risk Behavior Surveillance System developed by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, or any equivalent or successor system developed by the Centers for Disease Control and Prevention.
2. A public school shall not administer the survey described in subsection 1 to a pupil if:
κ2021 Statutes of Nevada, Page 2820 (CHAPTER 444, SB 69)κ
(a) The pupil is an unemancipated minor and the parent or guardian of the pupil has refused to consent to the administration of the survey pursuant to subsection 5; or
(b) The pupil has refused to participate in the survey pursuant to subsection 5.
3. The board of trustees of a school district or the governing body of a charter school that operates as a middle school, junior high school or high school shall ensure that a form is provided to the parent or guardian of each pupil to whom the survey described in subsection 1 will be administered that allows the parent or guardian to refuse consent to the administration of the survey to the pupil.
4. Before the administration of the survey described in subsection 1 to a pupil, the board of trustees of a school district or the governing body of a charter school shall provide the parent or guardian of the pupil or, if the pupil is an emancipated minor or is at least 18 years of age, the pupil, with an opportunity to review the survey and written notice of:
(a) The manner in which the survey will be administered;
(b) The manner in which the results of the survey will be used; and
(c) The persons who will have access to the results of the survey.
5. At any time:
(a) The parent or guardian of a pupil who is an unemancipated minor may refuse to provide consent to the administration of the survey described in subsection 1 by completing and submitting the form described in subsection 3, or any other written refusal of consent, to the principal or other person in charge of the public school in which the pupil is enrolled.
(b) A pupil may refuse to participate in the survey.
Sec. 20.3. NRS 427A.175 is hereby amended to read as follows:
427A.175 1. Within 1 year after an older patient sustains damage to his or her property as a result of any act or failure to act by a facility for intermediate care, a facility for skilled nursing, a residential facility for groups, a home for individual residential care, an agency to provide personal care services in the home, an intermediary service organization, a community health worker pool [, a peer support recovery organization] or an agency to provide nursing in the home in protecting the property, the older patient may file a verified complaint with the Division setting forth the details of the damage.
2. Upon receiving a verified complaint pursuant to subsection 1, the Administrator shall investigate the complaint and attempt to settle the matter through arbitration, mediation or negotiation.
3. If a settlement is not reached pursuant to subsection 2, the facility, home, agency, organization or older patient may request a hearing before the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition. If requested, the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition shall conduct a hearing to determine whether the facility, home, agency, pool or organization is liable for damages to the patient. If the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition determines that the facility, home, agency, pool or organization is liable for damages to the patient, the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition shall order the amount of the surety bond pursuant to NRS 449.065 or the substitute for the surety bond necessary to pay for the damages pursuant to NRS 449.067 to be released to the Division.
κ2021 Statutes of Nevada, Page 2821 (CHAPTER 444, SB 69)κ
pursuant to NRS 449.065 or the substitute for the surety bond necessary to pay for the damages pursuant to NRS 449.067 to be released to the Division. The Division shall pay any such amount to the older patient or the estate of the older patient.
4. The Division shall create a separate account for money to be collected and distributed pursuant to this section.
5. As used in this section:
(a) Agency to provide nursing in the home has the meaning ascribed to it in NRS 449.0015;
(b) Agency to provide personal care services in the home has the meaning ascribed to it in NRS 449.0021;
(c) Community health worker pool has the meaning ascribed to it in NRS 449.0028;
(d) Facility for intermediate care has the meaning ascribed to it in NRS 449.0038;
(e) Facility for skilled nursing has the meaning ascribed to it in NRS 449.0039;
(f) Home for individual residential care has the meaning ascribed to it in NRS 449.0105;
(g) Intermediary service organization has the meaning ascribed to it in NRS 449.4304;
(h) Older patient has the meaning ascribed to it in NRS 449.065; and
(i) [Peer support recovery organization has the meaning ascribed to it in NRS 449.01563; and
(j)] Residential facility for groups has the meaning ascribed to it in NRS 449.017.
Sec. 20.6. (Deleted by amendment.)
Sec. 21. NRS 432B.220 is hereby amended to read as follows:
432B.220 1. Any person who is described in subsection 4 and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:
(a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides child welfare services or to a law enforcement agency; and
(b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.
2. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of:
(a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of the home for a portion of the day, the person shall make the report to a law enforcement agency.
(b) An agency which provides child welfare services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.
3. Any person who is described in paragraph (a) of subsection 4 who delivers or provides medical services to a newborn infant and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by a fetal alcohol spectrum disorder or prenatal substance use disorder or has withdrawal symptoms resulting from prenatal substance exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services.
κ2021 Statutes of Nevada, Page 2822 (CHAPTER 444, SB 69)κ
believe that the newborn infant has been affected by a fetal alcohol spectrum disorder or prenatal substance use disorder or has withdrawal symptoms resulting from prenatal substance exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services. A notification and referral to an agency which provides child welfare services pursuant to this subsection shall not be construed to require prosecution for any illegal action.
4. A report must be made pursuant to subsection 1 by the following persons:
(a) A person providing services licensed or certified in this State pursuant to, without limitation, chapter 450B, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B, 641C or 653 of NRS.
(b) Any personnel of a medical facility licensed pursuant to chapter 449 of NRS who are engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of such a medical facility upon notification of suspected abuse or neglect of a child by a member of the staff of the medical facility.
(c) A coroner.
(d) A member of the clergy, practitioner of Christian Science or religious healer, unless the person has acquired the knowledge of the abuse or neglect from the offender during a confession.
(e) A person employed by a public school or private school and any person who serves as a volunteer at such a school.
(f) Any person who maintains or is employed by a facility or establishment that provides care for children, childrens camp or other public or private facility, institution or agency furnishing care to a child.
(g) Any person licensed pursuant to chapter 424 of NRS to conduct a foster home.
(h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer.
(i) Except as otherwise provided in NRS 432B.225, an attorney.
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met.
(k) Any person who is employed by or serves as a volunteer for a youth shelter. As used in this paragraph, youth shelter has the meaning ascribed to it in NRS 244.427.
(l) A peer recovery support specialist, as defined in section 6 of this act, or peer recovery support specialist supervisor, as defined in section 7 of this act.
(m) Any adult person who is employed by an entity that provides organized activities for children, including, without limitation, a person who is employed by a school district or public school.
5. A report may be made by any other person.
κ2021 Statutes of Nevada, Page 2823 (CHAPTER 444, SB 69)κ
6. If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to an agency which provides child welfare services or a law enforcement agency. If such a report is made to a law enforcement agency, the law enforcement agency shall notify an agency which provides child welfare services and the appropriate medical examiner or coroner of the report. If such a report is made to an agency which provides child welfare services, the agency which provides child welfare services shall notify the appropriate medical examiner or coroner of the report. The medical examiner or coroner who is notified of a report pursuant to this subsection shall investigate the report and submit his or her written findings to the appropriate agency which provides child welfare services, the appropriate district attorney and a law enforcement agency. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.
7. The agency, board, bureau, commission, department, division or political subdivision of the State responsible for the licensure, certification or endorsement of a person who is described in subsection 4 and who is required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State shall, at the time of initial licensure, certification or endorsement:
(a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;
(b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section; and
(c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is licensed, certified or endorsed in this State.
8. The employer of a person who is described in subsection 4 and who is not required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State must, upon initial employment of the person:
(a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;
(b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section; and
(c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is employed by the employer.
9. Before a person may serve as a volunteer at a public school or private school, the school must:
(a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section and NRS 392.303;
(b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section and NRS 392.303; and
(c) Maintain a copy of the written acknowledgment or electronic record for as long as the person serves as a volunteer at the school.
10. As used in this section:
κ2021 Statutes of Nevada, Page 2824 (CHAPTER 444, SB 69)κ
(a) Private school has the meaning ascribed to it in NRS 394.103.
(b) Public school has the meaning ascribed to it in NRS 385.007.
Sec. 22. (Deleted by amendment.)
Sec. 22.5. NRS 449.0045 is hereby amended to read as follows:
449.0045 Facility for the dependent includes:
1. A facility for the treatment of alcohol or other substance use disorders;
2. A halfway house for persons recovering from alcohol or other substance use disorders;
3. A facility for the care of adults during the day;
4. A residential facility for groups;
5. An agency to provide personal care services in the home;
6. A facility for transitional living for released offenders;
7. A home for individual residential care;
8. [A peer support recovery organization;
9.] A community health worker pool; and
[10.] 9. A provider of community-based living arrangement services.
Secs. 23 and 24. (Deleted by amendment.)
Sec. 24.2. NRS 449.030 is hereby amended to read as follows:
449.030 Except as otherwise provided in NRS 449.03013 [, 449.03015] and 449.03017, no person, state or local government or agency thereof may operate or maintain in this State any medical facility or facility for the dependent without first obtaining a license therefor as provided in NRS 449.029 to 449.2428, inclusive.
Sec. 24.4. NRS 449.065 is hereby amended to read as follows:
449.065 1. Except as otherwise provided in subsections 6 and 7 and NRS 449.067, each facility for intermediate care, facility for skilled nursing, [peer support recovery organization,] residential facility for groups, home for individual residential care, agency to provide personal care services in the home and agency to provide nursing in the home shall, when applying for a license or renewing a license, file with the Administrator of the Division of Public and Behavioral Health a surety bond:
(a) If the facility, agency, organization or home employs less than 7 employees, in the amount of $5,000;
(b) If the facility, agency, organization or home employs at least 7 but not more than 25 employees, in the amount of $25,000; or
(c) If the facility, agency, organization or home employs more than 25 employees, in the amount of $50,000.
2. A bond filed pursuant to this section must be executed by the facility, agency, organization or home as principal and by a surety company as surety. The bond must be payable to the Aging and Disability Services Division of the Department of Health and Human Services and must be conditioned to provide indemnification to an older patient who the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition determines has suffered property damage as a result of any act or failure to act by the facility, agency, organization or home to protect the property of the older patient.
3. Except when a surety is released, the surety bond must cover the period of the initial license to operate or the period of the renewal, as appropriate.
4. A surety on any bond filed pursuant to this section may be released after the surety gives 30 days written notice to the Administrator of the Division of Public and Behavioral Health, but the release does not discharge or otherwise affect any claim filed by an older patient for property damaged as a result of any act or failure to act by the facility, agency, organization or home to protect the property of the older patient alleged to have occurred while the bond was in effect.
κ2021 Statutes of Nevada, Page 2825 (CHAPTER 444, SB 69)κ
Division of Public and Behavioral Health, but the release does not discharge or otherwise affect any claim filed by an older patient for property damaged as a result of any act or failure to act by the facility, agency, organization or home to protect the property of the older patient alleged to have occurred while the bond was in effect.
5. A license is suspended by operation of law when the facility, agency, organization or home is no longer covered by a surety bond as required by this section or by a substitute for the surety bond pursuant to NRS 449.067. The Administrator of the Division of Public and Behavioral Health shall give the facility, agency, organization or home at least 20 days written notice before the release of the surety or the substitute for the surety, to the effect that the license will be suspended by operation of law until another surety bond or substitute for the surety bond is filed in the same manner and amount as the bond or substitute being terminated.
6. The Administrator of the Division of Public and Behavioral Health may exempt a [peer support recovery organization,] residential facility for groups or a home for individual residential care from the requirement of filing a surety bond pursuant to this section if the Administrator determines that the requirement would result in undue hardship to the [peer support recovery organization,] residential facility for groups or home for individual residential care.
7. The requirement of filing a surety bond set forth in this section does not apply to a facility for intermediate care, facility for skilled nursing, [peer support recovery organization,] residential facility for groups, home for individual residential care, agency to provide personal care services in the home or agency to provide nursing in the home that is operated and maintained by the State of Nevada or an agency thereof.
8. As used in this section, older patient means a patient who is 60 years of age or older.
Sec. 24.6. NRS 449.067 is hereby amended to read as follows:
449.067 1. As a substitute for the surety bond required pursuant to NRS 449.065, a facility for intermediate care, a facility for skilled nursing, [a peer support recovery organization,] a residential facility for groups, a home for individual residential care, an agency to provide personal care services in the home and an agency to provide nursing in the home may deposit with any bank or trust company authorized to do business in this State, upon approval from the Administrator of the Division of Public and Behavioral Health:
(a) An obligation of a bank, savings and loan association, savings bank, thrift company or credit union licensed to do business in this State;
(b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States; or
(c) Any obligation of this State or any city, county, town, township, school district or other instrumentality of this State, or guaranteed by this State, in an aggregate amount, based upon principal amount or market value, whichever is lower.
2. The obligations of a bank, savings and loan association, savings bank, thrift company or credit union must be held to secure the same obligation as would the surety bond required by NRS 449.065. With the approval of the Administrator of the Division of Public and Behavioral Health, the depositor may substitute other suitable obligations for those deposited, which must be assigned to the Aging and Disability Services Division of the Department of Health and Human Services and are negotiable only upon approval by the Administrator of the Aging and Disability Services Division.
κ2021 Statutes of Nevada, Page 2826 (CHAPTER 444, SB 69)κ
deposited, which must be assigned to the Aging and Disability Services Division of the Department of Health and Human Services and are negotiable only upon approval by the Administrator of the Aging and Disability Services Division.
3. Any interest or dividends earned on the deposit accrue to the account of the depositor.
4. The deposit must be an amount at least equal to the surety bond required by NRS 449.065 and must state that the amount may not be withdrawn except by direct and sole order of the Administrator of the Aging and Disability Services Division.
Sec. 24.8. NRS 449.089 is hereby amended to read as follows:
449.089 1. Each license issued pursuant to NRS 449.029 to 449.2428, inclusive, expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of all fees required pursuant to NRS 449.050 unless the Division finds, after an investigation, that the facility has not:
(a) Satisfactorily complied with the provisions of NRS 449.029 to 449.2428, inclusive, or the standards and regulations adopted by the Board;
(b) Obtained the approval of the Director of the Department of Health and Human Services before undertaking a project, if such approval is required by NRS 439A.100; or
(c) Conformed to all applicable local zoning regulations.
2. Each reapplication for an agency to provide personal care services in the home, an agency to provide nursing in the home, a community health worker pool, a facility for intermediate care, a facility for skilled nursing, a provider of community-based living arrangement services, a hospital described in 42 U.S.C. § 1395ww(d)(1)(B)(iv), a psychiatric hospital that provides inpatient services to children, a psychiatric residential treatment facility, a residential facility for groups, a program of hospice care, a home for individual residential care, a facility for the care of adults during the day, a facility for hospice care, a nursing pool, [a peer support recovery organization,] the distinct part of a hospital which meets the requirements of a skilled nursing facility or nursing facility pursuant to 42 C.F.R. § 483.5, a hospital that provides swing-bed services as described in 42 C.F.R. § 482.58 or, if residential services are provided to children, a medical facility or facility for the treatment of alcohol or other substance use disorders must include, without limitation, a statement that the facility, hospital, agency, program, pool [, organization] or home is in compliance with the provisions of NRS 449.115 to 449.125, inclusive, and 449.174.
3. Each reapplication for an agency to provide personal care services in the home, a community health worker pool, a facility for intermediate care, a facility for skilled nursing, a facility for the care of adults during the day, [a peer support recovery organization,] a residential facility for groups or a home for individual residential care must include, without limitation, a statement that the holder of the license to operate, and the administrator or other person in charge and employees of, the facility, agency, pool [, organization] or home are in compliance with the provisions of NRS 449.093.
Sec. 25. NRS 449.0915 is hereby amended to read as follows:
449.0915 1. The Division may issue an endorsement as a crisis stabilization center to the holder of a license to operate a psychiatric hospital that meets the requirements of this section.
κ2021 Statutes of Nevada, Page 2827 (CHAPTER 444, SB 69)κ
2. A psychiatric hospital that wishes to obtain an endorsement as a crisis stabilization center must submit an application in the form prescribed by the Division which must include, without limitation, proof that the applicant meets the requirements of subsection 3.
3. An endorsement as a crisis stabilization center may only be issued if the psychiatric hospital to which the endorsement will apply:
(a) Does not exceed a capacity of 16 beds or constitute an institution for mental diseases, as defined in 42 U.S.C. § 1396d;
(b) Operates in accordance with established administrative protocols, evidence-based protocols for providing treatment and evidence-based standards for documenting information concerning services rendered and recipients of such services in accordance with best practices for providing crisis stabilization services;
(c) Delivers crisis stabilization services:
(1) To patients for not less than 24 hours in an area devoted to crisis stabilization or detoxification before releasing the patient into the community, referring the patient to another facility or transferring the patient to a bed within the hospital for short-term treatment, if the psychiatric hospital has such beds;
(2) In accordance with best practices for the delivery of crisis stabilization services; and
(3) In a manner that promotes concepts that are integral to recovery for persons with mental illness, including, without limitation, hope, personal empowerment, respect, social connections, self-responsibility and self-determination;
(d) Employs [qualified persons] peer recovery support specialists, as defined in section 6 of this act, to provide peer recovery support services, as defined in [NRS 449.01566,] section 5 of this act, when appropriate;
(e) Uses a data management tool to collect and maintain data relating to admissions, discharges, diagnoses and long-term outcomes for recipients of crisis stabilization services;
(f) Accepts all patients, without regard to:
(1) The race, ethnicity, gender, socioeconomic status, sexual orientation or place of residence of the patient;
(2) Any social conditions that affect the patient;
(3) The ability of the patient to pay; or
(4) Whether the patient is admitted voluntarily to the psychiatric hospital pursuant to NRS 433A.140 or admitted to the psychiatric hospital under an emergency admission pursuant to NRS 433A.150;
(g) Performs an initial assessment on any patient who presents at the psychiatric hospital, regardless of the severity of the behavioral health issues that the patient is experiencing;
(h) Has the equipment and personnel necessary to conduct a medical examination of a patient pursuant to NRS 433A.165; and
(i) Considers whether each patient would be better served by another facility and transfer a patient to another facility when appropriate.
4. Crisis stabilization services that may be provided pursuant to paragraph (c) of subsection 3 may include, without limitation:
(a) Case management services, including, without limitation, such services to assist patients to obtain housing, food, primary health care and other basic needs;
κ2021 Statutes of Nevada, Page 2828 (CHAPTER 444, SB 69)κ
(b) Services to intervene effectively when a behavioral health crisis occurs and address underlying issues that lead to repeated behavioral health crises;
(c) Treatment specific to the diagnosis of a patient; and
(d) Coordination of aftercare for patients, including, without limitation, at least one follow-up contact with a patient not later than 72 hours after the patient is discharged.
5. An endorsement as a crisis stabilization center must be renewed at the same time as the license to which the endorsement applies. An application to renew an endorsement as a crisis stabilization center must include, without limitation:
(a) The information described in subsection 3; and
(b) Proof that the psychiatric hospital is accredited by the Commission on Accreditation of Rehabilitation Facilities, or its successor organization, or the Joint Commission, or its successor organization.
6. As used in this section, crisis stabilization services means behavioral health services designed to:
(a) De-escalate or stabilize a behavioral crisis, including, without limitation, a behavioral health crisis experienced by a person with a co-occurring substance use disorder; and
(b) When appropriate, avoid admission of a patient to another inpatient mental health facility or hospital and connect the patient with providers of ongoing care as appropriate for the unique needs of the patient.
Sec. 25.2. NRS 449.119 is hereby amended to read as follows:
449.119 Facility, hospital, agency, program or home means an agency to provide personal care services in the home, an employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home, an agency to provide nursing in the home, a community health worker pool, a facility for intermediate care, a facility for skilled nursing, a provider of community-based living arrangement services, a hospital described in 42 U.S.C. § 1395ww(d)(1)(B)(iv), a psychiatric hospital that provides inpatient services to children, a psychiatric residential treatment facility, [a peer support recovery organization,] a residential facility for groups, a program of hospice care, a home for individual residential care, a facility for the care of adults during the day, a facility for hospice care, a nursing pool, the distinct part of a hospital which meets the requirements of a skilled nursing facility or nursing facility pursuant to 42 C.F.R. § 483.5, a hospital that provides swing-bed services as described in 42 C.F.R. § 482.58 or, if residential services are provided to children, a medical facility or facility for the treatment of alcohol or other substance use disorders.
Sec. 25.5. NRS 449.174 is hereby amended to read as follows:
449.174 1. In addition to the grounds listed in NRS 449.160, the Division may deny a license to operate a facility, hospital, agency, program or home to an applicant or may suspend or revoke the license of a licensee to operate such a facility, hospital, agency, program or home if:
(a) The applicant or licensee has been convicted of:
(1) Murder, voluntary manslaughter or mayhem;
(2) Assault or battery with intent to kill or to commit sexual assault or mayhem;
κ2021 Statutes of Nevada, Page 2829 (CHAPTER 444, SB 69)κ
(3) Sexual assault, statutory sexual seduction, incest, lewdness or indecent exposure, or any other sexually related crime that is punished as a felony;
(4) Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punished as a misdemeanor, within the immediately preceding 7 years;
(5) A crime involving domestic violence that is punished as a felony;
(6) A crime involving domestic violence that is punished as a misdemeanor, within the immediately preceding 7 years;
(7) Abuse or neglect of a child or contributory delinquency;
(8) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS, within the immediately preceding 7 years;
(9) Abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;
(10) A violation of any provision of law relating to the State Plan for Medicaid or a law of any other jurisdiction that prohibits the same or similar conduct, within the immediately preceding 7 years;
(11) A violation of any provision of NRS 422.450 to 422.590, inclusive;
(12) A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;
(13) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years;
(14) Any other felony involving the use or threatened use of force or violence against the victim or the use of a firearm or other deadly weapon; or
(15) An attempt or conspiracy to commit any of the offenses listed in this paragraph, within the immediately preceding 7 years;
(b) The licensee has, in violation of NRS 449.125, continued to employ a person who has been convicted of a crime listed in paragraph (a); or
(c) The applicant or licensee has had a substantiated report of child abuse or neglect made against him or her and if the facility, hospital, agency, program or home provides residential services to children, is a psychiatric hospital that provides inpatient services to children or is a psychiatric residential treatment facility.
2. In addition to the grounds listed in NRS 449.160, the Division may suspend or revoke the license of a licensee to operate an agency to provide personal care services in the home, an agency to provide nursing in the home [,] or a community health worker pool [or a peer support recovery organization] if the licensee has, in violation of NRS 449.125, continued to employ a person who has been convicted of a crime listed in paragraph (a) of subsection 1.
3. As used in this section:
(a) Domestic violence means an act described in NRS 33.018.
(b) Facility, hospital, agency, program or home has the meaning ascribed to it in NRS 449.119.
(c) Medicaid has the meaning ascribed to it in NRS 439B.120.
(d) Medicare has the meaning ascribed to it in NRS 439B.130.
κ2021 Statutes of Nevada, Page 2830 (CHAPTER 444, SB 69)κ
Sec. 25.7. NRS 449.194 is hereby amended to read as follows:
449.194 Any person who is employed by an agency to provide personal care services in the home [,] or a community health worker pool [or a peer support recovery organization] who:
1. Has successfully completed a course in cardiopulmonary resuscitation according to the guidelines of the American National Red Cross or American Heart Association;
2. Has successfully completed the training requirements of a course in basic emergency care of a person in cardiac arrest conducted in accordance with the standards of the American Heart Association; or
3. Has successfully completed the training requirements of a course in the use and administration of first aid, including cardiopulmonary resuscitation,
Κ and who in good faith renders emergency care or assistance in accordance with the persons training, in the course of his or her regular employment or profession, to an elderly person or a person with a disability, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care.
Sec. 26. Chapter 458 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The State Board of Health shall adopt regulations:
(a) Providing for the certification of substance use disorder prevention coalitions; and
(b) Establishing requirements governing the membership of and geographic region served by substance use disorder prevention coalitions. The regulations adopted pursuant to this paragraph must align with nationally recognized standards for substance use disorder prevention coalitions and must provide that a geographic region may be served by more than one substance use disorder prevention coalition.
2. A certified substance use disorder prevention coalition shall:
(a) Advise the Department of Health and Human Services and the Division concerning:
(1) The needs of adults and children in the geographic region served by the coalition concerning the prevention of substance misuse and substance use disorders in the geographic region;
(2) Any progress, problems or plans relating to the provision of services for the prevention of substance misuse and substance use disorders and methods for improving the provision of such services in the geographic region served by the coalition;
(3) Identified gaps in services for the prevention of substance misuse and substance use disorders and recommendations for addressing those gaps; and
(4) Priorities for allocating resources to support and develop services for the prevention of substance misuse and substance use disorders in the geographic region served by the coalition.
(b) Convene interested persons and entities to promote the use of evidence-based strategies to address needs concerning services for the prevention of substance misuse and substance use disorders and improve such services in the geographic region served by the coalition.
(c) Coordinate and share information with other certified substance use disorder prevention coalitions to provide recommendations to the Department of Health and Human Services and the Division concerning services for the prevention of substance misuse and substance use disorders.
κ2021 Statutes of Nevada, Page 2831 (CHAPTER 444, SB 69)κ
Department of Health and Human Services and the Division concerning services for the prevention of substance misuse and substance use disorders.
(d) Implement, in coordination with the Department of Health and Human Services, the Division, other certified substance use disorder prevention coalitions and other interested persons and entities, statewide efforts for the prevention of substance misuse and substance use disorders.
(e) Coordinate with persons and entities in this State who provide services related to the prevention of substance misuse and substance use disorders to increase the awareness of such services and reduce duplication of efforts.
(f) In consultation with other persons and entities in this State who provide services related to the prevention of substance use disorders, submit an annual report to the regional behavioral health policy board for the geographic region served by the substance use disorder prevention coalition. The report must include, without limitation:
(1) Identification of the specific needs of the geographic region served by the coalition concerning the prevention of substance misuse and substance use disorders;
(2) A description of methods that the coalition uses to collect and analyze data concerning:
(I) Substance misuse and substance use disorders in the geographic region served by the coalition; and
(II) Gaps in services related to the prevention of substance misuse and substance use disorders and the need for additional services in that region;
(3) The strategies used by the coalition and the results of those strategies;
(4) The goals of the coalition for the immediately preceding year and the degree to which the coalition achieved those goals; and
(5) The goals of the coalition for the immediately following year and the long-term goals of the coalition.
3. The Division shall collaborate with and utilize certified substance use disorder prevention coalitions as the primary local and regional entities to coordinate programs and strategies for the prevention of substance use disorders in this State.
4. As used in this section:
(a) Behavioral health region has the meaning ascribed to it in NRS 433.426.
(b) Substance use disorder prevention coalition means a coalition of persons and entities who possess knowledge and experience related to the prevention of substance misuse and substance use disorders in a region of this State.
Sec. 27. NRS 458.110 is hereby amended to read as follows:
458.110 In addition to the activities set forth in NRS 458.025 to 458.115, inclusive, and section 26 of this act, the Division may engage in any activity necessary to effectuate the purposes of this chapter.
Sec. 28. NRS 632.472 is hereby amended to read as follows:
632.472 1. The following persons shall report in writing to the Executive Director of the Board any conduct of a licensee or holder of a certificate which constitutes a violation of the provisions of this chapter:
κ2021 Statutes of Nevada, Page 2832 (CHAPTER 444, SB 69)κ
(a) Any physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, nursing assistant, medication aide - certified, perfusionist, physician assistant licensed pursuant to chapter 630 or 633 of NRS, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, alcohol or drug counselor, peer recovery support specialist, peer recovery support specialist supervisor, music therapist, holder of a license or limited license issued pursuant to chapter 653 of NRS, driver of an ambulance, paramedic or other person providing medical services licensed or certified to practice in this State.
(b) Any personnel of a medical facility or facility for the dependent engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a medical facility or facility for the dependent upon notification by a member of the staff of the facility.
(c) A coroner.
(d) Any person who maintains or is employed by an agency to provide personal care services in the home.
(e) Any person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 449.4304.
(f) Any person who maintains or is employed by an agency to provide nursing in the home.
(g) Any employee of the Department of Health and Human Services.
(h) Any employee of a law enforcement agency or a countys office for protective services or an adult or juvenile probation officer.
(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.
(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.
(k) Any social worker.
(l) Any person who operates or is employed by a community health worker pool or with whom a community health worker pool contracts to provide the services of a community health worker, as defined in NRS 449.0027.
[(m) Any person who operates or is employed by a peer support recovery organization.]
2. Every physician who, as a member of the staff of a medical facility or facility for the dependent, has reason to believe that a nursing assistant or medication aide - certified has engaged in conduct which constitutes grounds for the denial, suspension or revocation of a certificate shall notify the superintendent, manager or other person in charge of the facility. The superintendent, manager or other person in charge shall make a report as required in subsection 1.
3. A report may be filed by any other person.
4. Any person who in good faith reports any violation of the provisions of this chapter to the Executive Director of the Board pursuant to this section is immune from civil liability for reporting the violation.
5. As used in this section:
κ2021 Statutes of Nevada, Page 2833 (CHAPTER 444, SB 69)κ
(a) Agency to provide personal care services in the home has the meaning ascribed to it in NRS 449.0021.
(b) Community health worker pool has the meaning ascribed to it in NRS 449.0028.
(c) [Peer support recovery organization has the meaning ascribed to it in NRS 449.01563.] Peer recovery support specialist has the meaning ascribed to it in section 6 of this act.
(d) Peer recovery support specialist supervisor has the meaning ascribed to it in section 7 of this act.
Sec. 29. NRS 641.029 is hereby amended to read as follows:
641.029 The provisions of this chapter do not apply to:
1. A physician who is licensed to practice in this State;
2. A person who is licensed to practice dentistry in this State;
3. A person who is licensed as a marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;
4. A person who is licensed as a clinical professional counselor or clinical professional counselor intern pursuant to chapter 641A of NRS;
5. A person who is licensed to engage in social work pursuant to chapter 641B of NRS;
6. A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;
7. A person who is licensed as a clinical alcohol and drug counselor, licensed or certified as an alcohol and drug counselor or certified as an alcohol and drug counselor intern, a clinical alcohol and drug counselor intern, a problem gambling counselor or a problem gambling counselor intern, pursuant to chapter 641C of NRS;
8. A person who provides or supervises the provision of peer recovery support services in accordance with the provisions of sections 2 to 15.7, inclusive, of this act;
9. A person who is licensed as a behavior analyst or an assistant behavior analyst or registered as a registered behavior technician pursuant to chapter 437 of NRS, while engaged in the practice of applied behavior analysis as defined in NRS 437.040; or
[9.] 10. Any member of the clergy,
Κ if such a person does not commit an act described in NRS 641.440 or represent himself or herself as a psychologist.
Sec. 30. NRS 641B.040 is hereby amended to read as follows:
641B.040 The provisions of this chapter do not apply to:
1. A physician who is licensed to practice in this State;
2. A nurse who is licensed to practice in this State;
3. A person who is licensed as a psychologist pursuant to chapter 641 of NRS or authorized to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact enacted in NRS 641.227;
4. A person who is licensed as a marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;
5. A person who is licensed as a clinical professional counselor or clinical professional counselor intern pursuant to chapter 641A of NRS;
6. A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;
7. A person who is licensed as a clinical alcohol and drug counselor, licensed or certified as an alcohol and drug counselor or certified as a clinical alcohol and drug counselor intern, an alcohol and drug counselor intern, a problem gambling counselor or a problem gambling counselor intern, pursuant to chapter 641C of NRS;
κ2021 Statutes of Nevada, Page 2834 (CHAPTER 444, SB 69)κ
alcohol and drug counselor intern, an alcohol and drug counselor intern, a problem gambling counselor or a problem gambling counselor intern, pursuant to chapter 641C of NRS;
8. A person who provides or supervises the provision of peer recovery support services in accordance with sections 2 to 15.7, inclusive, of this act;
9. Any member of the clergy;
[9.] 10. A county welfare director;
[10.] 11. Any person who may engage in social work or clinical social work in his or her regular governmental employment but does not hold himself or herself out to the public as a social worker; or
[11.] 12. A student of social work and any other person preparing for the profession of social work under the supervision of a qualified social worker in a training institution or facility recognized by the Board, unless the student or other person has been issued a provisional license pursuant to paragraph (b) of subsection 1 of NRS 641B.275. Such a student must be designated by the title student of social work or trainee in social work, or any other title which clearly indicates the students training status.
Sec. 31. NRS 641C.130 is hereby amended to read as follows:
641C.130 The provisions of this chapter do not apply to:
1. A physician who is licensed pursuant to the provisions of chapter 630 or 633 of NRS;
2. A nurse who is licensed pursuant to the provisions of chapter 632 of NRS and is authorized by the State Board of Nursing to engage in the practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling;
3. A psychologist who is licensed pursuant to the provisions of chapter 641 of NRS or authorized to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact enacted in NRS 641.227;
4. A clinical professional counselor or clinical professional counselor intern who is licensed pursuant to chapter 641A of NRS;
5. A marriage and family therapist or marriage and family therapist intern who is licensed pursuant to the provisions of chapter 641A of NRS and is authorized by the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors to engage in the practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling; [or]
6. A person who is licensed as a clinical social worker pursuant to the provisions of chapter 641B of NRS and is authorized by the Board of Examiners for Social Workers to engage in the practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling [.] ; or
7. A person who provides or supervises the provision of peer recovery support services in accordance with sections 2 to 15.7, inclusive, of this act.
Sec. 31.5. Section 8 of this act is hereby amended to read as follows:
Sec. 8. 1. Except as authorized by subsection 2, an adult shall not:
(a) Provide peer recovery support services for compensation as a regular part of his or her job duties or hold himself or herself out as authorized to provide peer recovery support services unless he or she holds a valid certificate as a peer recovery support specialist issued by the [Nevada Certification Board or its successor organization.]
κ2021 Statutes of Nevada, Page 2835 (CHAPTER 444, SB 69)κ
holds a valid certificate as a peer recovery support specialist issued by the [Nevada Certification Board or its successor organization.] Division.
(b) Supervise the provision of peer recovery support services for compensation as a regular part of his or her job duties or hold himself or herself out as authorized to supervise the provision of peer recovery support services unless he or she holds a valid certificate as a peer recovery support specialist supervisor issued by the [Nevada Certification Board or its successor organization.] Division.
2. [If the Nevada Certification Board or its successor organization establishes] The Division may adopt regulations establishing conditions [governing the provision of peer recovery support services by a person] under which an adult who is not certified as a peer recovery support specialist [while the person is acquiring the experience necessary for certification as a peer recovery support specialist, an adult who is not certified as a peer recovery support specialist] may:
(a) Provide peer recovery support services for compensation as a regular part of his or her job duties [under those conditions;] while acquiring the experience necessary for certification; and
(b) Use the title of peer recovery support specialist [intern while providing peer recovery support services under those conditions.] intern.
3. The Division may impose upon an adult who violates this section a civil penalty in an amount prescribed by regulation of the Board.
Sec. 32. 1. On or before September 30, 2021, the board of trustees of each school district and the governing body of each charter school shall submit to the Department of Education a report that describes any curriculum or program concerning substance misuse and substance use disorders used or offered in the school district or charter school, as applicable, during the immediately preceding school year.
2. On or before October 31, 2021, the Department of Education shall submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Education created by NRS 218E.605 a report that summarizes the information contained in the reports submitted to the Department pursuant to subsection 1.
Sec. 33. 1. Notwithstanding any provision of this act to the contrary, any adult who provides or supervises the provision of peer recovery support services as a regular part of his or her job duties on or before January 1, 2022, may continue to do so without obtaining a certificate from the Nevada Certification Board or its successor organization as required by section 8 of this act until July 31, 2023. To provide or supervise peer recovery support services on or after August 1, 2023, such an adult must obtain a certificate from that organization as required by section 8 of this act.
2. Notwithstanding any provision of this act to the contrary, an adult who holds a valid certification as a peer recovery support specialist or peer recovery support specialist supervisor issued by the Nevada Certification Board or its successor organization on the date on which that organization ceases certifying peer recovery support specialists or peer recovery support specialist supervisors may provide or supervise the provision of peer recovery support services as a regular part of his or her job duties without being certified by the Division of Public and Behavioral Health of the Department of Health and Human Services until 6 months after the date on which the Division begins certifying peer recovery support specialists and peer recovery support specialist supervisors pursuant to the regulations adopted by the State Board of Health pursuant to section 9 of this act.
κ2021 Statutes of Nevada, Page 2836 (CHAPTER 444, SB 69)κ
being certified by the Division of Public and Behavioral Health of the Department of Health and Human Services until 6 months after the date on which the Division begins certifying peer recovery support specialists and peer recovery support specialist supervisors pursuant to the regulations adopted by the State Board of Health pursuant to section 9 of this act. To provide or supervise the provision of peer recovery support services as a regular part of his or her job duties after that date, such an adult must obtain a certificate from the Division as required by section 8 of this act, as amended by section 31.5 of this act.
3. As used in this section, peer recovery support services has the meaning ascribed to it in section 5 of this act.
Sec. 34. (Deleted by amendment.)
Sec. 34.5. Any regulations adopted by the State Board of Health pursuant to NRS 449.0302 governing peer support recovery organizations are void. The Legislative Counsel shall remove those regulations from the Nevada Administrative Code as soon as practicable after January 1, 2022.
Sec. 35. 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. 36. NRS 449.01563, 449.01566, 449.03015, 449A.060 and 449A.062 are hereby repealed.
Sec. 37. 1. This section becomes effective upon passage and approval.
2. Sections 18.5, 19, 20 and 32 of this act become effective on July 1, 2021.
3. Sections 1 to 3, inclusive, 5 to 8, inclusive, 15 to 17, inclusive, 20.3 to 31, inclusive, and 33 to 36, 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.
4. Sections 4, 9 to 14, inclusive, 18 and 31.5 of this act become effective on the date on which the Nevada Certification Board, or its successor organization, ceases certifying peer recovery support specialists or peer recovery support specialist supervisors.
5. Sections 10 and 11 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with the subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or more children,
Κ are repealed by the Congress of the United States.
________
κ2021 Statutes of Nevada, Page 2837κ
Senate Bill No. 154Committee on Health and Human Services
CHAPTER 445
[Approved: June 4, 2021]
AN ACT relating to Medicaid; requiring the Department of Health and Human Services to apply for a waiver to receive federal funding for coverage of the treatment of the substance use disorder of a person in an institution for mental diseases; authorizing the Department to apply for a waiver to receive federal funding for coverage of the treatment of certain mental health conditions of persons in an institution for mental diseases; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing state law requires the Director of the Department of Health and Human Services to develop and adopt a State Plan for Medicaid which includes, without limitation, a list of specific medical services required to be provided to Medicaid recipients. (NRS 422.063, 422.270-422.27495) Existing law authorizes the Director of the Department, under certain circumstances, to seek a waiver of certain provisions of federal law governing Medicaid to enable the State to receive federal funding for certain Medicaid coverage. (NRS 422.270-422.27495) Existing federal law prohibits federal payment for services provided to patients residing in an institution for mental diseases. (42 U.S.C. § 1396d) Section 1 of this bill requires the Department to apply for a waiver to receive federal funding for coverage of the treatment of the substance use disorder of a person in an institution for mental diseases. Section 1 also authorizes the Department to apply for a waiver to receive federal funding for coverage of the treatment of an adult with a serious mental illness or a child with a serious emotional disturbance in an institution for mental diseases. Section 2 of this bill makes a conforming change to indicate that section 1 of this bill will be administered in the same manner as existing law governing Medicaid.
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 422 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Department shall apply to the Secretary of Health and Human Services for a waiver granted pursuant to 42 U.S.C. § 1315 that authorizes the Department to receive federal funding to include in the State Plan for Medicaid coverage for the treatment of the substance use disorder of a person who is in an institution for mental diseases.
2. The Department may apply to the Secretary of Health and Human Services for a waiver granted pursuant to 42 U.S.C. § 1315 that authorizes the Department to receive federal funding to include in the State Plan for Medicaid coverage for the treatment of an adult with a serious mental illness or a child with a serious emotional disturbance in an institution for mental diseases.
3. The Department shall cooperate with the Federal Government in obtaining:
κ2021 Statutes of Nevada, Page 2838 (CHAPTER 445, SB 154)κ
(a) A waiver pursuant to subsection 1; and
(b) Any waiver for which the Department applies pursuant to subsection 2.
4. As used in this section:
(a) Adult with a serious mental illness means a person who is at least 18 years of age and has been diagnosed within the immediately preceding 12 months as having a mental, behavioral or emotional disorder as defined in the most recent version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, other than an addictive disorder, intellectual or developmental disability, irreversible dementia or a substance use disorder, which interferes with or limits one or more major life activities of the person.
(b) Child with a serious emotional disturbance means a person who is less than 18 years of age and has been diagnosed within the immediately preceding 12 months as having a mental, behavioral or emotional disorder as defined in the most recent version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, other than a disorder designated as a Code V disorder in the Manual, a developmental disability or a substance use disorder, which substantially interferes with or limits the person from developing social, behavioral, cognitive, communicative or adaptive skills or his or her activities relating to family, school or community. The term does not include a person with a disorder which is temporary or is an expected response to a stressful event.
(c) Developmental disability has the meaning ascribed to it in NRS 435.007.
(d) Institution for mental diseases has the meaning ascribed to it in 42 U.S.C. § 1396d(i).
(e) Intellectual disability has the meaning ascribed to it in NRS 435.007.
Sec. 2. NRS 232.320 is hereby amended to read as follows:
232.320 1. The Director:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
(1) The Administrator of the Aging and Disability Services Division;
(2) The Administrator of the Division of Welfare and Supportive Services;
(3) The Administrator of the Division of Child and Family Services;
(4) The Administrator of the Division of Health Care Financing and Policy; and
(5) The Administrator of the Division of Public and Behavioral Health.
(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 1 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
κ2021 Statutes of Nevada, Page 2839 (CHAPTER 445, SB 154)κ
law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. Notwithstanding any other provision of law, the Director, or the Directors designee, is responsible for appointing and removing subordinate officers and employees of the Department.
Sec. 3. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 2840κ
Senate Bill No. 390Committee on Health and Human Services
CHAPTER 446
[Approved: June 4, 2021]
AN ACT relating to behavioral health; providing for the establishment of a suicide prevention and behavioral health crisis hotline; exempting a telecommunications provider from certain damages relating to the hotline; requiring the imposition of a surcharge on certain communications services to support the hotline; creating the Fund for a Resilient Nevada; requiring the Attorney General to deposit the proceeds of certain litigation into the Fund; authorizing the Department of Health and Human Services to use the money in the Fund for certain statewide projects and to award grants to various public and private entities to address the impact of opioid use disorder and other substance use disorders; prescribing certain procedures relating to the awarding of those grants; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing federal law establishes the National Suicide Prevention Lifeline program, including the establishment of a national suicide prevention and mental health crisis hotline that may be accessed by dialing the digits 9-8-8. (42 U.S.C. §§ 290bb-36c) Section 2 of this bill defines the term National Suicide Prevention Lifeline program to refer to that program. Section 3 of this bill requires the Division of Public and Behavioral Health of the Department of Health and Human Services to perform certain activities to support the implementation of a hotline for persons who are considering suicide or otherwise in a behavioral health crisis that may be accessed by dialing the digits 9-8-8. Specifically, section 3 requires the Division to: (1) establish at least one support center to answer calls to the hotline and coordinate the response to those calls; (2) encourage the establishment of or establish mobile crisis teams to respond to calls; and (3) perform certain other duties related to the hotline. Section 3 exempts telecommunications providers from certain damages relating to the hotline. Section 4 of this bill establishes operational requirements and duties for a support center. Those duties include coordinating and deploying necessary services for persons who access the hotline and providing follow-up services for such persons. Section 6 of this bill requires the Division to annually submit to the Legislature, the Commission on Behavioral Health and each regional behavioral health policy board a report concerning the usage of the hotline and the services provided to persons who access the hotline.
Existing federal law authorizes a state to impose a fee or charge on a commercial mobile communication service or an IP-enabled voice service to fund the operations of a suicide prevention and mental health crisis hotline established pursuant to the National Suicide Prevention Lifeline program. (47 U.S.C. § 251a) Section 5 of this bill requires the State Board of Health to adopt regulations to impose a surcharge on mobile communication services, IP-enabled voice services and landline telephone services. Section 5 requires the Division to deposit the proceeds from the surcharge into an account and use that money to support the operation of the hotline and the services provided to persons who access the hotline. Section 5 additionally authorizes the Division to accept gifts, grants and donations to support those activities. Section 6 of this bill requires the Division to annually submit to the Legislature a report concerning the revenue generated by the surcharge and deposits and expenditures from the account.
Existing law: (1) creates the Fund for a Healthy Nevada; (2) requires the State Treasurer to deposit in the Fund the proceeds of litigation by the State against manufacturers of tobacco products; and (3) requires the Department of Health and Human Services, with the authorization of the Legislature, to allocate the money in the Fund for certain purposes to address the health needs of residents of this State.
κ2021 Statutes of Nevada, Page 2841 (CHAPTER 446, SB 390)κ
Fund for certain purposes to address the health needs of residents of this State. (NRS 439.620, 439.630) Sections 7-9.9 of this bill similarly: (1) create the Fund for a Resilient Nevada Fund to hold the proceeds of certain litigation by the State concerning the manufacture, distribution, sale and marketing of opioids; and (2) provide for the use of that money for statewide projects and distribution as grants to regional, local and tribal governments and private sector organizations for projects that address the impacts of opioid use disorder and other substance use disorders. Sections 7-7.6 of this bill define certain relevant terms. Section 7.7 of this bill creates the Advisory Committee for a Resilient Nevada, which is made up of persons who are affected by or otherwise interested in issues relating to substance use disorder. Section 7.8 of this bill prescribes procedural requirements governing the operation of the Advisory Committee. Section 7.9 of this bill requires the Advisory Committee to submit to the Director of the Department a biennial report of recommendations concerning the allocation and distribution of money from the Fund. Section 8 of this bill creates the Fund and requires the Director to administer the Fund. Section 8 also prescribes certain requirements relating to the expenditure of money from the Fund, including requiring such expenditures to comply with the State Budget Act and other requirements concerning the expenditure of state money. Section 10 of this bill authorizes the Interim Finance Committee to perform duties relating to the authorization of administrative expenses from the Fund during a regular session of the Legislature. Section 9 of this bill requires the Department to: (1) conduct a statewide needs assessment to determine the priorities for allocating money from the Fund; and (2) based on that needs assessment, develop a statewide plan for allocating the money in the Fund. Sections 9.5 and 9.6 of this bill prescribe specific requirements concerning the statewide needs assessment conducted pursuant to section 9 and the statewide plan developed pursuant to that section, respectively. Specifically, section 9.6 authorizes the statewide plan to provide for the allocation of money from the Fund to: (1) fund certain statewide projects to address the impact of opioid use disorder and other substance use disorders; and (2) provide grants to regional, local or tribal governments and private sector organizations whose work relates to opioid use disorder or other substance use disorders. Section 10.3 of this bill exempts the statewide plan from the requirements of the Nevada Administrative Procedure Act. Section 9.7 of this bill requires each regional, local or tribal governmental entity that wishes to apply for a grant of money from the Fund to conduct a needs assessment and develop a plan for the expenditure of the money, and sections 9.8 and 9.9 of this bill prescribe requirements governing such a needs assessment and plan, respectively. Section 9.7 also requires any regional, local or tribal governmental entity or private sector organization that receives a grant to annually submit to the Department a report concerning the use of that money. Additionally, if a regional, local or tribal governmental entity that receives a grant later receives its own recovery resulting from litigation relating to the manufacture, distribution, sale or marketing of opioids, section 9.7 authorizes the Department to recover all or a portion of the grant money, not to exceed the amount of the recovery.
Section 11 of this bill requires any state agency that has previously received proceeds of litigation by the State concerning the manufacture, distribution, sale and marketing of opioids to transfer any uncommitted portion of those proceeds to the Director of the Department for deposit in the Fund.
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 433 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9.9, inclusive, of this act.
Sec. 2. As used in sections 2 to 6, inclusive, of this act, unless the context otherwise requires, National Suicide Prevention Lifeline program means the National Suicide Prevention Lifeline program established by 42 U.S.C. § 290bb-36c.
κ2021 Statutes of Nevada, Page 2842 (CHAPTER 446, SB 390)κ
Lifeline program means the National Suicide Prevention Lifeline program established by 42 U.S.C. § 290bb-36c.
Sec. 3. 1. The Division shall support the implementation of a hotline for persons who are considering suicide or otherwise in a behavioral health crisis that may be accessed by dialing the digits 9-8-8 by:
(a) Establishing at least one support center that meets the requirements of section 4 of this act to answer calls to the hotline and coordinate the response to persons who access the hotline;
(b) Encouraging the establishment of and, to the extent that money is available, establishing mobile crisis teams to provide community-based intervention, including, without limitation, de-escalation and stabilization, for persons who are considering suicide or otherwise in a behavioral health crisis and access the hotline;
(c) Participating in any collection of information by the Federal Government concerning the National Suicide Prevention Lifeline program;
(d) Collaborating with the National Suicide Prevention Lifeline program and the Veterans Crisis Line program established pursuant to 38 U.S.C. § 1720F(h) to ensure consistent messaging to the public about the hotline; and
(e) Adopting any regulations necessary to carry out the provisions of sections 2 to 6, inclusive, of this act, including, without limitation:
(1) Regulations establishing the qualifications of providers of services who are involved in responding to persons who are considering suicide or are otherwise in a behavioral health crisis and access the hotline;
(2) Any regulations necessary to allow for communication and sharing of information between persons and entities involved in responding to crises and emergencies in this State to facilitate the coordination of care for persons who are considering suicide or are otherwise in a behavioral health crisis and access the hotline; and
(3) Regulations defining the term person professionally qualified in the field of behavioral health for the purposes of this section.
2. A mobile crisis team established pursuant to paragraph (b) of subsection 1 must be:
(a) A team based in the jurisdiction that it serves which includes persons professionally qualified in the field of behavioral health and providers of peer recovery support services;
(b) A team established by a provider of emergency medical services that includes persons professionally qualified in the field of behavioral health and providers of peer recovery support services; or
(c) A team established by a law enforcement agency that includes law enforcement officers, persons professionally qualified in the field of psychiatric mental health and providers of peer recovery support services.
3. A telecommunications provider and its employees, agents, subcontractors and suppliers are not liable for damages that directly or indirectly result from the installation, maintenance or provision of service in relation to the hotline implemented pursuant to this section, including, without limitation, the total or partial failure of any transmission to a support center, unless willful conduct or gross negligence is proven.
4. As used in this section, peer recovery support services means nonclinical supportive services that use lived experience in recovery from a substance use disorder or other behavioral health disorder to promote recovery in another person with a substance use disorder or other behavioral health disorder by advocating, mentoring, educating, offering hope and providing assistance in navigating systems.
κ2021 Statutes of Nevada, Page 2843 (CHAPTER 446, SB 390)κ
Sec. 4. 1. Any support center established pursuant to section 3 of this act must:
(a) Meet the requirements established for participation in the National Suicide Prevention Lifeline program including, without limitation, requirements established by the National Suicide Prevention Lifeline Program for serving lesbian, gay, bisexual, transgender and questioning persons, persons with substance use disorders or persons with co-occurring disorders, Native Americans and other high-risk and specialized populations identified by the Substance Abuse and Mental Health Services Administration of the United States Health and Human Services. Such requirements include, without limitation, requirements for training staff to respond to callers who are members of specialized populations and transferring such callers to an appropriate specialized center or subnetwork.
(b) Use technology that is interoperable between systems for responding for crises and emergencies across this State, including, without limitation:
(1) Systems used to provide emergency 911 service;
(2) Systems used by providers of emergency medical services; and
(3) Registries of beds available for persons who require inpatient psychiatric treatment.
2. A support center shall:
(a) Enter into an agreement with the National Suicide Prevention Lifeline program to participate in the network of local crisis support centers established by that program;
(b) Implement the operational and clinical standards and best practices prescribed by the National Suicide Prevention Lifeline program for a local crisis support center;
(c) Share information with other persons and entities in this State responsible for providing services to persons in a behavioral health crisis to facilitate performance of the duties described in paragraph (d);
(d) Coordinate and deploy necessary services, including, without limitation, crisis stabilization services and mobile crisis teams, for persons who are considering suicide or otherwise in a behavioral health crisis and access the hotline established pursuant to section 3 of this act; and
(e) Provide follow-up services for persons who are considering suicide or otherwise in a behavioral health crisis and access the hotline established pursuant to section 3 of this act.
3. As used in this section, crisis stabilization services has the meaning ascribed to it in NRS 449.0915.
Sec. 5. 1. The State Board of Health shall adopt regulations to impose a surcharge on each access line of each customer of a company that provides commercial mobile communication services or IP-enabled voice services in this State in accordance with 47 U.S.C. § 251a and each access line or trunk line of each customer to the local exchange of any telecommunications provider providing those lines in this State. Those companies and providers shall collect the surcharge from their customers and transfer the money collected to the Division pursuant to regulations adopted by the State Board of Health. The amount of the surcharge must be sufficient to support the uses set forth in subsection 2, except that the amount of the surcharge must not exceed 35 cents for each access line or trunk line.
2. The Crisis Response Account is hereby created in the State General Fund. Any money collected from the surcharge imposed pursuant to subsection 1 must be deposited in the State Treasury for credit to the Account.
κ2021 Statutes of Nevada, Page 2844 (CHAPTER 446, SB 390)κ
subsection 1 must be deposited in the State Treasury for credit to the Account. The Division shall administer the Account. The money in the Account:
(a) Must be used by the Division to carry out the provisions of sections 2 to 6, inclusive, of this act, to the extent authorized by 47 U.S.C. § 251a; and
(b) Must not be used to supplant existing methods of funding that are available for those purposes.
3. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.
4. Any money remaining in the Account at the end of each fiscal year does not revert to the State General Fund but must be carried over into the next fiscal year.
5. The Division may accept gifts, grants and donations for the purpose of carrying out the provisions of sections 2 to 6, inclusive, of this act.
Sec. 6. On or before December 31 of each year, the Division shall compile:
1. A report concerning the usage of the hotline established pursuant to section 3 of this act and the services provided to persons who are considering suicide or otherwise in a behavioral health crisis and access the hotline and submit the report to:
(a) The Commission on Behavioral Health;
(b) Each regional behavioral health policy board created by NRS 433.429; and
(c) The Director of the Legislative Counsel Bureau for transmittal to:
(1) In odd-numbered years, the Legislative Committee on Health Care created by NRS 439B.200 and the Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs created by NRS 218E.750; and
(2) In even-numbered years, the next regular session of the Legislature.
2. A report concerning the revenue generated by the surcharge imposed pursuant to section 5 of this act and deposits and expenditures from the Account created by that section and submit the report to the Director of the Legislative Counsel Bureau for transmittal to:
(a) In odd-numbered years, the Interim Finance Committee; and
(b) In even-numbered years, the next regular session of the Legislature.
Sec. 7. As used in sections 7 to 9.9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 7.1 to 7.6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 7.1. Advisory Committee means the Advisory Committee for a Resilient Nevada created by section 7.7 of this act.
Sec. 7.2. Agency which provides child welfare services has the meaning ascribed to it in NRS 432B.030.
Sec. 7.3. Fund means the Fund for a Resilient Nevada created by section 8 of this act.
Sec. 7.4. Office means the Office of Minority Health and Equity of the Department created by NRS 232.474.
Sec. 7.5. Special population means a population uniquely affected by substance use or substance use disorder. The term includes, without limitation:
1. Veterans;
2. Persons who are pregnant;
κ2021 Statutes of Nevada, Page 2845 (CHAPTER 446, SB 390)κ
3. Parents of dependent children;
4. Youth;
5. Persons who are lesbian, gay, bisexual, transgender and questioning; and
6. Persons and families involved in the criminal justice system, juvenile justice system and child welfare system.
Sec. 7.6. Substance use disorder prevention coalition means a coalition of persons and entities who possess knowledge and experience related to the prevention of substance use and substance use disorders in a region of this State.
Sec. 7.7. 1. The Advisory Committee for a Resilient Nevada is hereby created within the Department.
2. The Attorney General shall appoint to the Advisory Committee:
(a) One member who possesses knowledge, skills and experience working with youth in the juvenile justice system;
(b) One member who possesses knowledge, skills and experience working with persons in the criminal justice system;
(c) One member who possesses knowledge, skills and experience in the surveillance of overdoses; and
(d) One member who:
(1) Resides in a county other than Clark or Washoe County; and
(2) Has experience having a substance use disorder or having a family member who has a substance use disorder.
3. The Office shall appoint to the Advisory Committee:
(a) One member who:
(1) Resides in Clark County; and
(2) Has experience having a substance use disorder or having a family member who has a substance use disorder;
(b) One member who possesses knowledge, skills and experience in public health;
(c) One member who is the director of an agency which provides child welfare services or his or her designee;
(d) One member who represents a program that specializes in the prevention of substance use by youth;
(e) One member who represents a faith-based organization that specializes in recovery from substance use disorder; and
(f) One member who represents a program for substance use disorders that is operated by a nonprofit organization and certified pursuant to NRS 458.025.
4. The Director shall appoint to the Advisory Committee:
(a) One member who:
(1) Resides in Washoe County; and
(2) Has experience having a substance use disorder or having a family member who has a substance use disorder;
(b) One member who is a physician certified in the field of addiction medicine by the American Board of Addiction Medicine or its successor organization;
(c) One member who represents a nonprofit, community-oriented organization that specializes in peer-led recovery from substance use disorder;
(d) One member who has survived an opioid overdose;
(e) One member who represents a program to prevent overdoses or otherwise reduce the harm caused by the use of substances;
κ2021 Statutes of Nevada, Page 2846 (CHAPTER 446, SB 390)κ
(f) One member who represents an organization that specializes in housing; and
(g) One member who possesses knowledge, skills and experience with the education of pupils in kindergarten through 12th grade.
5. In appointing the members of the Advisory Committee pursuant to subsections 2, 3 and 4, the appointing authorities shall coordinate the appointments when practicable so that the members of the Advisory Committee represent the diversity of:
(a) This State; and
(b) The communities within this State that are disproportionately affected by opioid use disorder and disparities in access to care and health outcomes.
6. The term of each member of the Advisory Committee is 2 years. A member may be reappointed for an additional term of 2 years in the same manner as the original appointment. A vacancy occurring in the membership of the Advisory Committee must be filled in the same manner as the original appointment.
7. To the extent that money is available for these purposes:
(a) Each member of the Advisory Committee who is not an officer or employee of this State is entitled to receive a salary of not more than $80, as fixed by the Department, for each day or portion of a day spent on the business of the Advisory Committee.
(b) Each member of the Advisory Committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the business of the Advisory Committee.
8. A member of the Advisory Committee who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation to prepare for and attend meetings of the Advisory Committee and perform any work necessary to carry out the duties of the Advisory Committee in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Advisory Committee to:
(a) Make up the time he or she is absent from work to carry out his or her duties as a member of the Advisory Committee; or
(b) Take annual leave or compensatory time for the absence.
Sec. 7.8. 1. At the first meeting of each calendar year, the Advisory Committee shall elect from its members a Chair.
2. The Advisory Committee shall meet at least twice annually at the call of the Chair or a majority of its members.
3. A majority of the members of the Advisory Committee constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Advisory Committee.
4. The Department shall provide staff assistance to the Advisory Committee.
Sec. 7.9. 1. On or before June 30 of each even-numbered year, the Advisory Committee shall submit to the Director of the Department a report of recommendations concerning:
(a) The statewide needs assessment conducted pursuant to paragraph (a) of subsection 1 of section 9 of this act, including, without limitation, the establishment of priorities pursuant to paragraph (e) of subsection 1 of section 9.5 of this act; and
κ2021 Statutes of Nevada, Page 2847 (CHAPTER 446, SB 390)κ
(b) The statewide plan to allocate money from the Fund developed pursuant to paragraph (b) of subsection 1 of section 9 of this act.
2. When developing recommendations to be included in the report pursuant to subsection 1, the Advisory Committee shall consider:
(a) Health equity and identifying relevant disparities among racial and ethnic populations, geographic regions and special populations in this State; and
(b) The need to prevent overdoses, address disparities in access to health care and prevent substance use among youth.
3. When developing recommendations concerning the establishment of priorities pursuant to paragraph (e) of subsection 1 of section 9.5 of this act, the Advisory Committee shall use an objective method to define the potential positive and negative impacts of a priority on the health of the affected communities with an emphasis on disproportionate impacts to any population targeted by the priority.
4. Before finalizing a report of recommendations pursuant to subsection 1, the Advisory Committee must hold at least one public meeting to solicit comments from the public concerning the recommendations and make any revisions to the recommendations determined, as a result of the public comment received, to be necessary.
Sec. 8. 1. The Fund for a Resilient Nevada is hereby created in the State Treasury. Unless otherwise required by the applicable judgment or settlement, the Attorney General shall, after deducting any fees and costs imposed pursuant to an applicable contingent fee contract as described in NRS 228.111, deposit in the Fund all money received by this State pursuant to any judgment received or settlement entered into by the State of Nevada as a result of litigation concerning the manufacture, distribution, sale or marketing of opioids conducted in accordance with the declaration of findings issued by the Governor and the Attorney General pursuant to paragraph (a) of subsection 1 of NRS 228.1111 on January 24, 2019.
2. The Director of the Department shall administer the Fund.
3. The interest and income earned on the money in the Fund must, after deducting any applicable charges, be credited to the Fund. All claims against the Fund must be paid as other claims against the State are paid.
4. To the extent authorized by the terms of any judgment or settlement described in subsection 1, the Director of the Department may submit to the Interim Finance Committee a request for an allocation for administrative expenses from the Fund pursuant to this section. Except as otherwise limited by this subsection, the Interim Finance Committee may allocate all or part of the money so requested. The annual allocation for administrative expenses from the Fund must not exceed 8 percent of the money deposited into the Fund. For the purposes of this subsection, expenses directly related to conducting a statewide needs assessment pursuant to paragraph (a) of subsection 1 of section 9 of this act, developing the statewide plan to allocate money from the Fund pursuant to paragraph (b) of subsection 1 of section 9 of this act and allocating money from the Fund in accordance with that statewide plan do not constitute administrative expenses.
5. The money in the Fund remains in the Fund and does not revert to the State General Fund at the end of any fiscal year.
6. Except as otherwise provided in subsection 4, all money that is deposited or paid into the Fund is hereby appropriated to the Department to be used, subject to the provisions of chapter 353 of NRS, to carry out the provisions of sections 9 to 9.7, inclusive, of this act.
κ2021 Statutes of Nevada, Page 2848 (CHAPTER 446, SB 390)κ
7. Money expended from the Fund must not be used to supplant existing methods of funding that are available to state, regional, local or tribal agencies.
8. The Department may accept and deposit into the Fund gifts, grants, donations and appropriations to support the activities described in sections 9 to 9.7, inclusive, of this act.
Sec. 9. 1. At least once every 4 years, the Department, in consultation with the Office, shall:
(a) Conduct a statewide needs assessment in accordance with section 9.5 of this act; and
(b) Based on the statewide needs assessment, develop or revise, as applicable, a statewide plan to allocate the money in the Fund in accordance with section 9.6 of this act.
2. When performing the duties described in subsection 1, the Department and the Office shall consider:
(a) The recommendations provided by the Advisory Committee in the report submitted pursuant to section 7.9 of this act; and
(b) The recommendations of state, regional, local and tribal governmental entities in this State whose work relates to opioid use disorders and other substance use disorders.
3. On or before January 31 of each year, the Department shall transmit a report concerning all findings and recommendations made and money expended pursuant to sections 9 to 9.7, inclusive, of this act to:
(a) The Governor;
(b) The Director of the Legislative Counsel Bureau for transmittal to:
(1) In odd-numbered years, the next regular session of the Legislature; and
(2) In even-numbered years, the Legislative Committee on Health Care and the Interim Finance Committee;
(c) The Commission;
(d) Each regional behavioral health policy board created by NRS 433.429;
(e) The Office of the Attorney General; and
(f) Any other committees or commissions the Director of the Department deems appropriate.
4. The Department may adopt any regulations or take such other actions as are necessary to carry out its duties pursuant to sections 7 to 9.9, inclusive, of this act.
Sec. 9.5. 1. A statewide needs assessment conducted by the Department, in consultation with the Office, pursuant to paragraph (a) of subsection 1 of section 9 of this act must:
(a) Be evidence-based and use information from damages reports created by experts as part of the litigation described in subsection 1 of section 8 of this act.
(b) Include an analysis of the impacts of opioid use and opioid use disorder on this State that uses quantitative and qualitative data concerning this State and the regions, counties and Native American tribes in this State to determine the risk factors that contribute to opioid use, the use of substances and the rates of opioid use disorder, other substance use disorders and co-occurring disorders among residents of this State.
(c) Focus on health equity and identifying disparities across all racial and ethnic populations, geographic regions and special populations in this State.
κ2021 Statutes of Nevada, Page 2849 (CHAPTER 446, SB 390)κ
(d) Take into account the resources of state, regional, local and tribal agencies and nonprofit organizations, including, without limitation, any money recovered or anticipated to be recovered by county, local or tribal governmental agencies through judgments or settlements resulting from litigation concerning the manufacture, distribution, sale or marketing of opioids, and the programs currently existing in each geographic region of this State to address opioid use disorder and other substance use disorders.
(e) Based on the information and analyses described in paragraphs (a) to (d), inclusive, establish priorities for the use of the funds described in subsection 1 of section 8 of this act. Such priorities must include, without limitation, priorities related to the prevention of overdoses, addressing disparities in access to health care and the prevention of substance use among youth.
2. When conducting a needs assessment, the Department, in consultation with the Office, shall:
(a) Use community-based participatory research methods or similar methods to conduct outreach to groups impacted by the use of opioids, opioid use disorder and other substance use disorders, including, without limitation:
(1) Persons and families impacted by the use of opioids and other substances;
(2) Providers of treatment for opioid use disorder and other substance use disorders;
(3) Substance use disorder prevention coalitions;
(4) Communities of persons in recovery from opioid use disorder and other substance use disorders;
(5) Providers of services to reduce the harms caused by opioid use disorder and other substance use disorders;
(6) Persons involved in the child welfare system;
(7) Providers of social services;
(8) Faith-based organizations;
(9) Providers of health care and entities that provide health care services; and
(10) Members of diverse communities disproportionately impacted by opioid use and opioid use disorder; and
(b) Conduct outreach to governmental agencies who interact with persons or groups impacted by the use of opioids, opioid use disorder and other substance use disorders, including, without limitation:
(1) The Office of the Attorney General, the Department of Public Safety, the Department of Corrections, courts, juvenile justice agencies and other governmental agencies involved in law enforcement or criminal justice;
(2) Agencies which provide child welfare services and other governmental agencies involved in the child welfare system; and
(3) Public health agencies.
Sec. 9.6. 1. The statewide plan to allocate money from the Fund established by the Department, in consultation with the Office, pursuant to paragraph (b) of subsection 1 of section 9 of this act must:
(a) Establish policies and procedures for the administration and distribution of money from the Fund;
(b) Allocate the money in the Fund for the purposes described in subsection 2; and
κ2021 Statutes of Nevada, Page 2850 (CHAPTER 446, SB 390)κ
(c) Establish requirements governing the use of money allocated from the Fund.
2. The statewide plan may allocate money to:
(a) Statewide projects, which may include, without limitation:
(1) Expanding access to evidence-based prevention of substance use disorders, early intervention for persons at risk of a substance use disorder, treatment for substance use disorders and support for persons in recovery from substance use disorders;
(2) Programs to reduce the incidence and severity of neonatal abstinence syndrome;
(3) Prevention of adverse childhood experiences and early intervention for children who have undergone adverse childhood experiences and the families of such children;
(4) Services to reduce the harm caused by substance use;
(5) Prevention and treatment of infectious diseases in persons with substance use disorders;
(6) Services for children and other persons in a behavioral health crisis and the families of such persons;
(7) Housing for persons who have or are in recovery from substance use disorders;
(8) Campaigns to educate and increase awareness of the public concerning substance use and substance use disorders;
(9) Programs for persons involved in the criminal justice or juvenile justice system and the families of such persons, including, without limitation, programs that are administered by courts;
(10) The evaluation of existing programs relating to substance use and substance use disorders;
(11) Development of the workforce of providers of services relating to substance use and substance use disorders;
(12) The collection and analysis of data relating to substance use and substance use disorders;
(13) Capital projects relating to substance use and substance use disorders, including, without limitation, construction, purchasing and remodeling; and
(14) Implementing the hotline for persons who are considering suicide or otherwise in a behavioral health crisis and providing services to persons who access that hotline in accordance with the provisions of sections 2 to 6, inclusive, of this act.
(b) Grants to regional, county, local and tribal agencies and private-sector organizations whose work relates to opioid use disorder and other substance use disorders.
3. The projects described in paragraph (a) of subsection 2 many include, without limitation, projects to maximize expenditures through federal, local and private matching contributions.
4. The Department, in consultation with the Office, may revise the statewide plan to allocate money from the Fund as necessary without conducting a statewide needs assessment pursuant to paragraph (a) of subsection 1 of section 9 of this act so long as a needs assessment is conducted at the intervals required by that subsection.
Sec. 9.7. 1. If the Department awards grants pursuant to paragraph (b) of subsection 2 of section 9.6 of this act, the Department, in consultation with the Office, must:
κ2021 Statutes of Nevada, Page 2851 (CHAPTER 446, SB 390)κ
(a) Develop, solicit and accept applications for those grants. An application submitted by a regional, local or tribal governmental entity must include, without limitation:
(1) The results of a needs assessment that meets the requirements of section 9.8 of this act; and
(2) A plan for the use of the grant that meets the requirements of section 9.9 of this act.
(b) Coordinate with and provide support to regional, local and tribal governmental entities in conducting needs assessments and developing plans pursuant to paragraph (a).
(c) Consider any money recovered or anticipated to be recovered by county, local or tribal governmental agencies through judgments received or settlements entered into as a result of litigation concerning the manufacture, distribution, sale or marketing of opioids.
(d) Conduct annual evaluations of programs to which grants have been awarded.
2. To the extent authorized by the terms of any judgment or settlement described in subsection 1 of section 8 of this act, the recipient of a grant pursuant to paragraph (b) of subsection 2 of section 9.6 of this act may use not more than 8 percent of the grant for administrative expenses related to the grant or the projects supported by the grant.
3. The recipient of a grant pursuant to paragraph (b) of subsection 2 of section 9.6 of this act shall annually submit to the Department a report concerning the expenditure of the money that was received and the outcomes of the projects on which that money was spent.
4. If a regional, local or tribal governmental entity that receives a grant pursuant to paragraph (b) of subsection 2 of section 9.6 of this act later recovers money through a judgment or a settlement resulting from litigation concerning the manufacture, distribution, sale or marketing of opioids:
(a) The regional, local or tribal governmental entity must immediately notify the Department; and
(b) The Department may recover from the governmental entity an amount not to exceed the amount of the grant or the amount of the recovery, whichever is less.
5. A regional, local or tribal governmental entity that receives a grant pursuant to paragraph (b) of subsection 2 of section 9.6 of this act shall conduct a new needs assessment and update its plan for the use of the grant at intervals prescribed by regulation of the Department, which must be not less than every 4 years.
Sec. 9.8. 1. A needs assessment conducted pursuant to subparagraph (1) of paragraph (a) of subsection 1 of section 9.7 of this act by a regional, local or tribal governmental entity applying for a grant must:
(a) Be evidence-based.
(b) Include an analysis of the impacts of opioid use and opioid use disorder on the area under the jurisdiction of the applicant that uses quantitative and qualitative data to determine the risk factors that contribute to opioid use, the use of substances and the rates of opioid use disorder, other substance use disorders and co-occurring disorders among residents of the area.
(c) Focus on health equity and identifying disparities across all racial and ethnic populations, geographic regions and special populations in the area under the jurisdiction of the applicant.
κ2021 Statutes of Nevada, Page 2852 (CHAPTER 446, SB 390)κ
(d) Take into account the resources of the applicant and the programs currently existing in the area under the jurisdiction of the applicant to address opioid use disorder and other substance use disorders.
(e) Based on the information and analyses described in paragraphs (a) to (d), inclusive, establish priorities for the use of the funds for which the applicant is applying.
2. When conducting a needs assessment, a regional, local or tribal governmental entity applying for a grant shall:
(a) Use community-based participatory research methods or similar methods to conduct outreach to groups impacted by the use of opioids, opioid use disorder and other substance use disorders, including, without limitation:
(1) Persons and families impacted by the use of opioids and other substances;
(2) Providers of treatment for opioid use disorder and other substance use disorders;
(3) Substance use disorder prevention coalitions;
(4) Communities of persons in recovery from opioid use disorder and other substance use disorders;
(5) Providers of services to reduce the harms caused by opioid use disorder and other substance use disorders;
(6) Persons involved in the child welfare system;
(7) Providers of social services;
(8) Faith-based organizations;
(9) Providers of health care and entities that provide health care services; and
(10) Members of diverse communities disproportionately impacted by opioid use and opioid use disorder; and
(b) Conduct outreach to governmental agencies that interact with persons or groups impacted by the use of opioids, opioid use disorder and other substance use disorders, including, without limitation:
(1) Courts, juvenile justice agencies and other governmental agencies involved in law enforcement or criminal justice;
(2) Agencies which provide child welfare services and other governmental agencies involved in the child welfare system; and
(3) Public health agencies.
Sec. 9.9. 1. A plan for the use of grant money by a state, local or tribal governmental entity developed pursuant to subparagraph (2) of paragraph (a) of subsection 1 of section 9.7 of this act must:
(a) Establish policies and procedures for the administration and distribution of the grant money for which the governmental entity is applying;
(b) Describe the projects to which the governmental entity is proposing to allocate grant money; and
(c) Establish requirements governing the use of the grant money.
2. A plan for the use of grant money by a state, local or tribal governmental entity may allocate money pursuant to paragraph (b) of subsection 1 to:
(a) Projects and programs to:
(1) Expand access to evidence-based prevention of substance use disorders, early intervention for persons at risk of a substance use disorder, treatment for substance use disorders and support for persons in recovery from substance use disorders;
κ2021 Statutes of Nevada, Page 2853 (CHAPTER 446, SB 390)κ
(2) Reduce the incidence and severity of neonatal abstinence syndrome;
(3) Prevent incidents of adverse childhood experiences and increase early intervention for children who have undergone adverse childhood experiences and the families of such children;
(4) Reduce the harm caused by substance use;
(5) Prevent and treat infectious diseases in persons with substance use disorders;
(6) Provide services for children and other persons in a behavioral health crisis and the families of such persons; and
(7) Provide housing for persons who have or are in recovery from substance use disorders;
(b) Campaigns to educate and increase awareness of the public concerning substance use and substance use disorders;
(c) Programs for persons involved in the criminal justice or juvenile justice system and the families of such persons, including, without limitation, programs that are administered by courts;
(d) Evaluation of existing programs relating to substance use and substance use disorders;
(e) Development of the workforce of providers of services relating to substance use and substance use disorders;
(f) The collection and analysis of data relating to substance use and substance use disorders; and
(g) Capital projects relating to substance use and substance use disorders, including, without limitation, construction, purchasing and remodeling.
3. The projects described in subsection 2 may include, without limitation, projects to maximize expenditures through federal, local and private matching contributions.
Sec. 10. NRS 218E.405 is hereby amended to read as follows:
218E.405 1. Except as otherwise provided in subsection 2, the Interim Finance Committee may exercise the powers conferred upon it by law only when the Legislature is not in a regular or special session.
2. During a regular or special session, the Interim Finance Committee may also perform the duties imposed on it by NRS 228.1111, subsection 5 of NRS 284.115, NRS 285.070, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, subsection 3 of NRS 341.126, NRS 341.142, paragraph (f) of subsection 1 of NRS 341.145, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, 353.288, 353.335, 353C.224, 353C.226, paragraph (b) of subsection 4 of NRS 407.0762, NRS 428.375, 439.4905, 439.620, 439.630, 445B.830, subsection 1 of NRS 445C.320 and NRS 538.650 [.] and section 8 of this act. In performing those duties, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means may meet separately and transmit the results of their respective votes to the Chair of the Interim Finance Committee to determine the action of the Interim Finance Committee as a whole.
3. The Chair of the Interim Finance Committee may appoint a subcommittee consisting of six members of the Committee to review and make recommendations to the Committee on matters of the State Public Works Division of the Department of Administration that require prior approval of the Interim Finance Committee pursuant to subsection 3 of NRS 341.126, NRS 341.142 and paragraph (f) of subsection 1 of NRS 341.145.
κ2021 Statutes of Nevada, Page 2854 (CHAPTER 446, SB 390)κ
NRS 341.126, NRS 341.142 and paragraph (f) of subsection 1 of NRS 341.145. If the Chair appoints such a subcommittee:
(a) The Chair shall designate one of the members of the subcommittee to serve as the chair of the subcommittee;
(b) The subcommittee shall meet throughout the year at the times and places specified by the call of the chair of the subcommittee; and
(c) The Director or the Directors designee shall act as the nonvoting recording secretary of the subcommittee.
Sec. 10.3. 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, the Department of Corrections.
(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.
κ2021 Statutes of Nevada, Page 2855 (CHAPTER 446, SB 390)κ
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;
(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 [.] ; or
(i) The adoption, amendment or repeal of the statewide plan to allocate money from the Fund for a Resilient Nevada created by section 8 of this act established by the Department of Health and Human Services pursuant to paragraph (b) of subsection 1 of section 9 of this act.
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. 10.6. 1. As soon as practicable after the effective date of this section:
(a) The Attorney General shall appoint to the Advisory Committee:
(1) The members described in paragraphs (a) and (b) of subsection 2 of section 7.7 of this act to initial terms that expire on July 1, 2022.
(2) The members described in paragraphs (c) and (d) of subsection 2 of section 7.7 of this act to initial terms that expire on July 1, 2023.
(b) The Office of Minority Health and Equity of the Department shall appoint to the Advisory Committee:
(1) The members described in paragraphs (a), (b) and (c) of subsection 3 of section 7.7 of this act to initial terms that expire on July 1, 2022.
(2) The members described in paragraphs (d), (e) and (f) of subsection 3 of section 7.7 of this act to initial terms that expire on July 1, 2023.
(c) The Director of the Department shall appoint to the Advisory Committee:
(1) The members described in paragraphs (a), (b) and (c) of subsection 4 of section 7.7 of this act to initial terms that expire on July 1, 2022.
κ2021 Statutes of Nevada, Page 2856 (CHAPTER 446, SB 390)κ
(2) The members described in paragraphs (d) to (g), inclusive, of subsection 4 of section 7.7 of this act to initial terms that expire on July 1, 2023.
2. As used in this section:
(a) Advisory Committee means the Advisory Committee for a Resilient Nevada created by section 7.7 of this act.
(b) Department means the Department of Health and Human Services.
Sec. 11. Any state agency that has received money from a settlement or judgment as a result of the litigation described in subsection 1 of section 8 of this act before January 1, 2022, shall, to the extent authorized by the settlement or judgment, transfer to the Director of the Department of Health and Human Services any portion of such money that remains uncommitted for deposit in the Fund for A Resilient Nevada pursuant to section 8 of this act.
Sec. 11.5. 1. During the 2022-2023 interim, the Department of Health and Human Services, in consultation with the Office of Minority Health and Equity of the Department, may, without further legislative authorization, use money in the Fund For A Resilient Nevada created by section 8 of this act to conduct an initial statewide needs assessment and develop an initial statewide plan to spend the money in the Fund pursuant to section 9 of this act.
2. The Department, in consultation with the Office, shall:
(a) Develop a proposed budget to carry out the provisions of the initial statewide plan developed pursuant to subsection 1 for the remainder of the 2022-2023 interim; and
(b) Obtain the approval of the Interim Finance Committee for that budget before money from the Fund is used for the purposes described in the plan. Notwithstanding the provisions of section 8 of this act, such approval is sufficient to authorize the use of money from the Fund as prescribed in the budget for the remainder of the 2022-2023 interim.
Sec. 12. 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. 13. 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. 14. 1. This section and sections 7 to 13, inclusive, of this act become effective upon passage and approval.
2. Sections 1 to 6, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2022, for all other purposes.
________
κ2021 Statutes of Nevada, Page 2857κ
Assembly Bill No. 374Assemblymen Tolles; Gorelow, Hafen, Nguyen, Orentlicher, Peters, Roberts, Summers-Armstrong and Thomas
Joint Sponsors: Senators Seevers Gansert; and Ratti
CHAPTER 447
[Approved: June 4, 2021]
AN ACT relating to substance use disorders; creating the Statewide Substance Use Response Working Group; requiring the Working Group to review certain issues relating to substance misuse and substance use disorders; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Division of Public and Behavioral Health of the Department of Health and Human Services to formulate a comprehensive state plan for programs for alcohol and other substance use disorders. (NRS 458.025) Section 6 of this bill creates the Statewide Substance Use Response Working Group within the Office of the Attorney General, and section 7 of this bill prescribes requirements for the operation of the Working Group. Section 10 of this bill requires the Working Group to comprehensively review various aspects of substance misuse and substance use disorders and programs and activities to combat substance misuse and substance use disorders in this State. Section 10.5 of this bill requires the Department of Health and Human Services to annually report to the Working Group concerning the use of state and local money to address substance misuse and substance use disorders, and section 10 requires the Working Group to study, evaluate and make recommendations concerning the use of that money. Section 10 also requires the Working Group to submit annually a report of its recommendations to the Governor, the Attorney General, the Legislature and certain other entities.
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 458 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10.5, inclusive, of this act.
Secs. 2-4. (Deleted by amendment.)
Sec. 5. As used in sections 5 to 10.5, inclusive, of this act, unless the context otherwise requires, Working Group means the Statewide Substance Use Response Working Group created by section 6 of this act.
Sec. 6. 1. The Statewide Substance Use Response Working Group is hereby created in the Office of the Attorney General.
2. The Working Group consists of the following members:
(a) The Attorney General or his or her designee;
(b) The Director of the Department of Health and Human Services, or his or her designee;
(c) One member of the Senate who is appointed by the Senate Majority Leader;
κ2021 Statutes of Nevada, Page 2858 (CHAPTER 447, AB 374)κ
(d) One member of the Senate who is appointed by the Senate Minority Leader;
(e) One member of the Assembly who is appointed by the Speaker of the Assembly;
(f) One member of the Assembly who is appointed by the Assembly Minority Leader; and
(g) The following members, appointed by the Attorney General:
(1) One representative of a local governmental entity that provides or oversees the provision of human services in a county whose population is 700,000 or more;
(2) One representative of a local governmental entity that provides or oversees the provision of human services in a county whose population is 100,000 or more but less than 700,000;
(3) One representative of a local governmental entity that provides or oversees the provision of human services in a county whose population is less than 100,000;
(4) One provider of health care with expertise in medicine for the treatment of substance use disorders;
(5) One representative of the Nevada Sheriffs and Chiefs Association, or its successor organization;
(6) One advocate for persons who have substance use disorders and family members of such persons;
(7) One person who is in recovery from a substance use disorder;
(8) One person who provides services relating to the treatment of substance use disorders;
(9) One representative of a substance use disorder prevention coalition;
(10) One representative of a program to reduce the harm caused by substance misuse;
(11) One representative of a hospital; and
(12) One representative of a school district.
3. After the initial terms, members of the Working Group serve terms of 2 years and serve at the pleasure of the appointing authority. Members may be reappointed for additional terms of 2 years in the same manner as the original appointments.
4. If a vacancy occurs during a members term, the appointing authority shall appoint a replacement for the remainder of the unexpired term. A vacancy must be filled in the same manner as the original appointment.
5. Members of the Working Group serve without compensation and are not entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
6. A member of the Working Group who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation to prepare for and attend meetings of the Working Group and perform any work necessary to carry out the duties of the Working Group in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Working Group to:
κ2021 Statutes of Nevada, Page 2859 (CHAPTER 447, AB 374)κ
(a) Make up the time he or she is absent from work to carry out his or her duties as a member of the Working Group; or
(b) Take annual leave or compensatory time for the absence.
7. As used in this section, substance use disorder prevention coalition means a coalition of persons and entities who possess knowledge and experience related to the prevention of substance misuse and substance use disorders in a region of this State.
Sec. 7. 1. At the first meeting of each calendar year, the Working Group shall elect from its members a Chair and a Vice Chair.
2. The Working Group shall meet at the call of the Chair or a majority of its members.
3. A majority of the members of the Working Group constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Working Group.
Secs. 8 and 9. (Deleted by amendment.)
Sec. 10. 1. The Working Group shall:
(a) Leverage and expand efforts by state and local governmental entities to reduce the use of substances which are associated with substance use disorders, including, without limitation, heroin, other synthetic and non-synthetic opioids and stimulants, and identify ways to enhance those efforts through coordination and collaboration.
(b) Assess evidence-based strategies for preventing substance use and intervening to stop substance use, including, without limitation, the use of heroin, other synthetic and non-synthetic opioids and stimulants. Such strategies must include, without limitation, strategies to:
(1) Help persons at risk of a substance use disorder avoid developing a substance use disorder;
(2) Discover potentially problematic substance use in a person and intervene before the person develops a substance use disorder;
(3) Treat the medical consequences of a substance use disorder in a person and facilitate the treatment of the substance use disorder to minimize further harm; and
(4) Reduce the harm caused by substance use, including, without limitation, by preventing overdoses.
(c) Assess and evaluate existing pathways to treatment and recovery for persons with substance use disorders, including, without limitation, such persons who are members of special populations.
(d) Work to understand how residents of this State who are involved in the criminal justice system access supports for treatment of and recovery from substance use disorders at various points, including, without limitation, by reviewing existing diversion, deflection and reentry programs for such persons.
(e) Evaluate ways to improve and expand evidence-based or evidence-informed programs, procedures and strategies to treat and support recovery from opioid use disorder and any co-occurring substance use disorder, including, without limitation, among members of special populations.
κ2021 Statutes of Nevada, Page 2860 (CHAPTER 447, AB 374)κ
(f) Examine support systems and programs for persons who are in recovery from opioid use disorder and any co-occurring substance use disorder.
(g) Make recommendations to entities including, without limitation, the State Board of Pharmacy, professional licensing boards that license practitioners, other than veterinarians, the State Board of Health, the Division, the Governor and the Legislature, to ensure that controlled substances are appropriately prescribed in accordance with the provisions of NRS 639.2391 to 639.23916, inclusive.
(h) Examine qualitative and quantitative data to understand the risk factors that contribute to substance use and the rates of substance use and substance use disorders, focusing on special populations.
(i) Develop strategies for local, state and federal law enforcement and public health agencies to respond to and prevent overdoses and plans for implementing those strategies.
(j) Study the efficacy and expand the implementation of programs to:
(1) Educate youth and families about the effects of substance use and substance use disorders; and
(2) Reduce the harms associated with substance use and substance use disorders while referring persons with substance use disorders to evidence-based treatment.
(k) Recommend strategies to improve coordination between local, state and federal law enforcement and public health agencies to enhance the communication of timely and relevant information relating to substance use and reduce duplicative data collection and research.
(l) Evaluate current systems for sharing information between agencies regarding the trafficking and distribution of legal and illegal substances which are associated with substance use disorders, including, without limitation, heroin, other synthetic and non-synthetic opioids and stimulants.
(m) Study the effects of substance use disorders on the criminal justice system, including, without limitation, law enforcement agencies and correctional institutions.
(n) Study the sources and manufacturers of substances which are associated with substance use disorders, including, without limitation, heroin, other synthetic and non-synthetic opioids and stimulants, and methods and resources for preventing the manufacture, trafficking and sale of such substances.
(o) Study the effectiveness of criminal and civil penalties at preventing the misuse of substances and substance use disorders and the manufacture, trafficking and sale of substances which are associated with substance use disorders, including, without limitation, heroin, other synthetic and non-synthetic opioids and stimulants.
(p) Evaluate the effects of substance use disorders on the economy of this State.
(q) Study, evaluate and make recommendations to the Department of Health and Human Services concerning the use of the money described in section 10.5 of this act to address substance use disorders, with a focus on:
κ2021 Statutes of Nevada, Page 2861 (CHAPTER 447, AB 374)κ
(1) The use of the money described in subsections 1, 2 and 3 of section 10.5 of this act to supplement rather than supplant existing state or local spending;
(2) The use of the money described in section 10.5 of this act to support programs that use evidence-based interventions;
(3) The use of the money described in section 10.5 of this act to support programs for the prevention of substance use disorders in youth;
(4) The use of the money described in section 10.5 of this act to improve racial equity; and
(5) Reporting by state and local agencies to the public concerning the funding of programs to address substance misuse and substance use disorders.
2. On or before January 31 of each year, the Working Group shall:
(a) Compile a report which includes, without limitation, recommendations for the establishment, maintenance, expansion or improvement of programs to address substance misuse and substance use disorders based on the evaluations conducted pursuant to subsection 1; and
(b) Submit the report to the Governor, the Attorney General, the Advisory Commission on the Administration of Justice, any other entities deemed appropriate by the Attorney General and the Director of the Legislative Counsel Bureau for transmittal to:
(1) During an even-numbered year, the Legislative Committee on Health Care and the Interim Finance Committee; or
(2) During an odd-numbered year, the next regular session of the Legislature.
3. As used in this section:
(a) Practitioner has the meaning ascribed to it in NRS 639.0125.
(b) Special populations includes, without limitation:
(1) Veterans, elderly persons and youth;
(2) Persons who are incarcerated, persons who have committed nonviolent crimes primarily driven by a substance use disorder and other persons involved in the criminal justice or juvenile justice systems;
(3) Pregnant women and the parents of dependent children;
(4) Lesbian, gay, bisexual, transgender and questioning persons;
(5) Intravenous drug users;
(6) Children who are involved with the child welfare system; and
(7) Other populations disproportionately impacted by substance use disorders.
(c) Substance use disorder prevention coalition means a coalition of persons and entities who possess knowledge and experience related to the prevention of substance misuse and substance use disorders in a region of this State.
Sec. 10.5. The Department of Health and Human Services shall annually submit to the Working Group a report concerning the use of:
1. All money received by this State pursuant to any settlement entered into by the State of Nevada concerning the manufacture, distribution, sale and marketing of opioids;
κ2021 Statutes of Nevada, Page 2862 (CHAPTER 447, AB 374)κ
2. All money recovered by this State from a judgment in a civil action by the State of Nevada concerning the manufacture, distribution, sale and marketing of opioids;
3. Any gifts, grants or donations received by the State and each political subdivision of the State for purposes relating to substance misuse and substance use disorders; and
4. All other money spent by the State and each political subdivision of the State for purposes relating to substance misuse and substance use disorders.
Secs. 11 and 12. (Deleted by amendment.)
Sec. 12.5. 1. As soon as practicable after the effective date of this act:
(a) The Senate Majority Leader, Senate Minority Leader, Speaker of the Assembly and Assembly Minority Leader shall appoint to the Working Group the members described in paragraphs (c), (d), (e) and (f), respectively, of subsection 2 of section 6 of this act to initial terms that expire on January 1, 2023.
(b) The Attorney General shall appoint to the Working Group:
(1) The members described in subparagraphs (1) to (4), inclusive, of paragraph (g) of subsection 2 of section 6 of this act to initial terms that expire on January 1, 2023; and
(2) The members described in subparagraphs (5) to (12), inclusive, of paragraph (g) of subsection 2 of section 6 of this act to initial terms that expire on January 1, 2024.
2. As used in this section, Working Group means the Statewide Substance Use Response Working Group created by section 6 of this act.
Sec. 13. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 14. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2863κ
Assembly Bill No. 454Committee on Ways and Means
CHAPTER 448
[Approved: June 4, 2021]
AN ACT making an appropriation to the Nevada Promise Scholarship Account to support the Nevada Promise Scholarship 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 Nevada Promise Scholarship Account created by NRS 396.9645 the sum of $7,328,366 to support the Nevada Promise Scholarship Program.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 455Committee on Ways and Means
CHAPTER 449
[Approved: June 4, 2021]
AN ACT making an appropriation to the Office of the State Controller for the replacement of 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 Office of the State Controller the sum of $18,848 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. 2. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2864κ
Assembly Bill No. 456Committee on Ways and Means
CHAPTER 450
[Approved: June 4, 2021]
AN ACT making an appropriation to the Aging and Disability Services Division of the Department of Health and Human Services for pavement maintenance at the Jones campus of the Desert Regional Center; 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 Aging and Disability Services Division of the Department of Health and Human Services the sum of $85,750 for pavement maintenance at the Jones campus of the Desert Regional Center.
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. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2865κ
Assembly Bill No. 457Committee on Ways and Means
CHAPTER 451
[Approved: June 4, 2021]
AN ACT making an appropriation to the Division of Forestry of the State Department of Conservation and Natural Resources for deferred maintenance projects; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Division of Forestry of the State Department of Conservation and Natural Resources the sum of $637,890 for deferred maintenance projects.
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. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2866κ
Assembly Bill No. 458Committee on Ways and Means
CHAPTER 452
[Approved: June 4, 2021]
AN ACT making appropriations to the Real Estate Division of the Department of Business and Industry for an upgrade of its licensing software system and 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. 1. There is hereby appropriated from the State General Fund to the Real Estate Division of the Department of Business and Industry the sum of $693,670 for an update of its licensing software 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 General Fund to the Real Estate Division of the Department of Business and Industry the sum of $37,654 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. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2867κ
Assembly Bill No. 451Committee on Ways and Means
CHAPTER 453
[Approved: June 4, 2021]
AN ACT making an appropriation to the Office of the Secretary of State 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. 1. There is hereby appropriated from the State General Fund to the Office of the Secretary of State the sum of $2,530,292 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. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 453Committee on Ways and Means
CHAPTER 454
[Approved: June 4, 2021]
AN ACT making an appropriation to the Account for Pensions for Silicosis, Diseases Related to Asbestos and Other Disabilities; 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 Account for Pensions for Silicosis, Diseases Related to Asbestos and Other Disabilities created by NRS 617.1675 the sum of $34,000.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2868κ
Assembly Bill No. 467Committee on Ways and Means
CHAPTER 455
[Approved: June 4, 2021]
AN ACT making appropriations to the Department of Transportation for the replacement of the Nevada Shared Radio 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 Department of Transportation the sum of $2,614,908 for the continuing costs of the replacement of the Nevada Shared Radio 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 Department of Transportation the sum of $19,398,147 for the continuing costs of the replacement of the Nevada Shared Radio 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. 3. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2869κ
Assembly Bill No. 469Committee on Ways and Means
CHAPTER 456
[Approved: June 4, 2021]
AN ACT making a supplemental appropriation to the Office of the Secretary of State for a projected shortfall related to credit card processing fees; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. There is hereby appropriated from the State General Fund to the Office of the Secretary of State the sum of $549,998 for a projected shortfall related to credit card processing fees. This appropriation is supplemental to that made by section 5 of chapter 544, Statutes of Nevada 2019, as amended by section 19 of chapter 5, Statutes of Nevada 2020, 31st Special Session, at page 43.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 470Committee on Ways and Means
CHAPTER 457
[Approved: June 4, 2021]
AN ACT making a supplemental appropriation to the Real Estate Division of the Department of Business and Industry for a projected shortfall relating to time share filing fees; 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 Real Estate Division of the Department of Business and Industry the sum of $481,920 for a projected shortfall relating to time share filing fees. This appropriation is supplemental to that made by section 21 of chapter 544, Statutes of Nevada 2019, as amended by section 35 of chapter 5, Statutes of Nevada 2020, 31st Special Session, at page 52.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2870κ
Assembly Bill No. 474Committee on Ways and Means
CHAPTER 458
[Approved: June 4, 2021]
AN ACT making an appropriation to and authorizing the expenditure of money by the Division of Welfare and Supportive Services of the Department of Health and Human Services for the continuation of the technology modernization project for the child support enforcement 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. 1. There is hereby appropriated from the State General Fund to the Division of Welfare and Supportive Services of the Department of Health and Human Services the sum of $17,472,208 for continuation of the technology modernization project for the child support enforcement program.
2. Expenditure of $34,316,638 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 Division of Welfare and Supportive Services of the Department of Health and Human Services 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. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2871κ
Assembly Bill No. 475Committee on Ways and Means
CHAPTER 459
[Approved: June 4, 2021]
AN ACT making an appropriation to the Millennium Scholarship Trust Fund to support the Governor Guinn Millennium Scholarship 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 Millennium Scholarship Trust Fund created by NRS 396.926 the sum of $42,000,000 to support the Governor Guinn Millennium Scholarship Program.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 477Committee on Ways and Means
CHAPTER 460
[Approved: June 4, 2021]
AN ACT relating to off-highway vehicles; abolishing the Revolving Account for the Assistance of the Department; and providing other matters properly relating thereto.
Legislative Counsels Digest:
With certain exceptions, existing law requires a person who acquires ownership of an off-highway vehicle to apply to the Department of Motor Vehicles for the titling and annual registration of the vehicle. (NRS 490.082) Fees paid for the titling and registration of an off-highway vehicle are required to be deposited into the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration for use by the Department to administer provisions of law relating to the titling and registration of off-highway vehicles. (NRS 490.085) Existing law also creates the Revolving Account for the Assistance of the Department and requires that all money received by the Department of Motor Vehicles from the Federal Government or any other source to assist the Department in carrying out the provisions of law relating to the titling and registration of off-highway vehicles be deposited into the Account. (NRS 490.086) This bill: (1) abolishes the Revolving Account for the Assistance of the Department; and (2) requires the State Controller to transfer any unexpended balance in the Account to the Account for Off-Highway Vehicles. Money in the Account for Off-Highway Vehicles, which is administered by the Director of the State Department of Conservation and Natural Resources, is required under existing law to be used to pay for: (1) the operating expenses of the Commission on Off-Highway Vehicles; and (2) grants for projects relating to off-highway vehicles. (NRS 490.069)
κ2021 Statutes of Nevada, Page 2872 (CHAPTER 460, AB 477)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. As soon as practicable after the effective date of this act, the State Controller shall transfer any unexpended balance in the Revolving Account for the Assistance of the Department created by NRS 490.086 to the Account for Off-Highway Vehicles created by NRS 490.069.
Sec. 2. NRS 490.086 is hereby repealed.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 466Committee on Ways and Means
CHAPTER 461
[Approved: June 4, 2021]
AN ACT making appropriations to the Department of Corrections for hepatitis C treatments for offenders and new and replacement medical and dental 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 General Fund to the Department of Corrections the sum of $15,842,443 for hepatitis C treatments for offenders.
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 General Fund to the Department of Corrections the sum of $196,523 for new and replacement medical and dental equipment at state correctional facilities.
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,
κ2021 Statutes of Nevada, Page 2873 (CHAPTER 461, AB 466)κ
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.
________
Assembly Bill No. 479Committee on Ways and Means
CHAPTER 462
[Approved: June 4, 2021]
AN ACT relating to the Public Employees Retirement System; creating the position of Chief Investment Officer as a member of the executive staff of the System; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Executive Officer of the Public Employees Retirement System to select certain employees, including an Investment Officer, as members of the executive staff of the System, subject to confirmation by the Public Employees Retirement Board. Under existing law, the annual salaries of the executive staff are fixed by the Public Employees Retirement Board with the approval of the Interim Retirement and Benefits Committee. (NRS 286.160) Section 1 of this bill: (1) creates the position of Chief Investment Officer to be selected by the Executive Officer as a member of the executive staff of the System; (2) provides the qualifications for the position; and (3) renames the position of Investment Officer in existing law as Deputy Investment Officer. Section 2 of this bill makes a conforming change as a result of the creation of the position of Chief Investment Officer. Section 3 of this bill fixes an initial annual salary for the position.
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 286.160 is hereby amended to read as follows:
286.160 1. The Board shall employ an Executive Officer who serves at the pleasure of the Board. The Executive Officer shall select a General Counsel, Operations Officer, Chief Investment Officer, Deputy Investment Officer, Chief Financial Officer, Manager of Information Systems, Administrative Services Coordinator and Administrative Analyst whose appointments are effective upon confirmation by the Board. The General Counsel, Operations Officer, Chief Investment Officer, Deputy Investment Officer, Chief Financial Officer, Manager of Information Systems, Administrative Services Coordinator and Administrative Analyst serve at the pleasure of the Executive Officer.
2. The Executive Officer, General Counsel, Operations Officer, Chief Investment Officer, Deputy Investment Officer, Chief Financial Officer, Manager of Information Systems, Administrative Services Coordinator and Administrative Analyst are entitled to annual salaries fixed by the Board with the approval of the Interim Retirement and Benefits Committee of the Legislature created pursuant to NRS 218E.420.
κ2021 Statutes of Nevada, Page 2874 (CHAPTER 462, AB 479)κ
Manager of Information Systems, Administrative Services Coordinator and Administrative Analyst are entitled to annual salaries fixed by the Board with the approval of the Interim Retirement and Benefits Committee of the Legislature created pursuant to NRS 218E.420. The salaries of these employees are exempt from the limitations of NRS 281.123.
3. The Executive Officer must:
(a) Be a graduate of a 4-year college or university with a degree in business administration or public administration or equivalent degree.
(b) Possess at least 5 years experience in a high level administrative or executive capacity, including responsibility for a variety of administrative functions such as retirement, insurance, investment or fiscal operations.
4. The General Counsel must be an attorney in good standing licensed and admitted to practice law in this State.
5. The Operations Officer, Chief Investment Officer, Deputy Investment Officer, Chief Financial Officer, Manager of Information Systems and Administrative Analyst must each be a graduate of a 4-year college or university with a degree in business administration or public administration or an equivalent degree.
6. Except as otherwise provided in NRS 284.143, the Executive Officer shall not pursue any other business or occupation or perform the duties of any other office of profit during normal office hours unless on leave approved in advance. The Executive Officer shall not participate in any business enterprise or investment in real or personal property if the System owns or has a direct financial interest in that enterprise or property.
Sec. 2. NRS 286.170 is hereby amended to read as follows:
286.170 1. Subject to the limitations of this chapter and the budget prescribed by the Board, the System must be administered by the Executive Officer, [an] Chief Investment Officer [, an] and Operations Officer and a staff authorized by the Board and appointed by the Executive Officer with the approval of the Board.
2. The Board shall fix the salaries of the staff in accordance with the pay plan of the State for the classified service. No employee may be removed from the staff except in the manner provided for the classified service of the State.
Sec. 3. The Public Employees Retirement Board may, without the approval required by subsection 2 of NRS 286.160, as amended by section 1 of this act, fix the initial annual salary of the Chief Investment Officer in an amount not to exceed the amount set forth for that position in the budget of the Public Employees Retirement System that is approved by the Legislature for the 2021-2023 biennium.
Sec. 4. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 2875κ
Assembly Bill No. 462Committee on Ways and Means
CHAPTER 463
[Approved: June 4, 2021]
AN ACT making appropriations to the Department of Corrections for an upgrade to and reintegration of certain management systems and for replacement cameras, storage area networks and ovens; 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 Corrections the sum of $2,189,808 for an upgrade to the Offender Management 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 General Fund to the Department of Corrections the sum of $1,436,720 for the reintegration of the Offender Sentence Management System into the Nevada Offender Tracking Information 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. 3. 1. There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $247,012 for replacement cameras and storage area networks.
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 2876 (CHAPTER 463, AB 462)κ
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 Corrections the sum of $102,747 for replacement ovens at the High Desert State Prison.
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.
________
Assembly Bill No. 465Committee on Ways and Means
CHAPTER 464
[Approved: June 4, 2021]
AN ACT making an appropriation to the Division of Water Resources of the State Department of Conservation and Natural Resources for the repair and maintenance of the South Fork Dam; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Division of Water Resources of the State Department of Conservation and Natural Resources the sum of $2,119,308 for the repair and maintenance of the South Fork Dam.
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. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2877κ
Senate Bill No. 461Committee on Finance
CHAPTER 465
[Approved: June 4, 2021]
AN ACT relating to state financial administration; requiring a transfer to the State General Fund and authorizing disbursements of certain federal money in certain circumstances; 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. As soon as practicable after receipt of the money from the Coronavirus State and Local Fiscal Recovery Funds by the State of Nevada under the American Rescue Plan Act of 2021, Pub. L. No. 117-2, the Chief of the Budget Division of the Office of Finance in the Office of the Governor created by NRS 223.400, in consultation with the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau, shall:
(a) Determine the reduction in the general revenue of the State of Nevada as a result of the COVID-19 pandemic pursuant to the formula set forth in the Interim Final Rule of the Department of the Treasury, 31 C.F.R. Part 35, RIN 1505-AC77; and
(b) Transfer to the State General Fund an amount of the money from the Coronavirus State and Local Fiscal Recovery Funds received by the State of Nevada that is equal to the amount of money that is determined to be a reduction in the general revenue of the State of Nevada pursuant to paragraph (a).
2. After the transfer to the State General Fund is made pursuant to subsection 1, the Chief of the Budget Division shall disburse the money received from the Coronavirus State and Local Fiscal Recovery Funds by the State of Nevada in accordance with the provisions of chapter 353 of NRS in the following order of priority, after any other disbursements of such federal money required by the 81st Session of the Nevada Legislature and as that money is available:
(a) Disbursement of $335,000,000 to repay advances received by the Unemployment Compensation Fund under Title XII of the Social Security Act, 42 U.S.C. §§ 1321 et seq.
(b) Disbursement of $20,900,000 for the public health emergency of the COVID-19 pandemic, including, without limitation, mental health treatment, substance use disorder treatment and other behavioral health services, construction costs and other capital improvements in public facilities to meet COVID-19-related operational needs and expenses relating to establishing and enhancing public health data systems.
κ2021 Statutes of Nevada, Page 2878 (CHAPTER 465, SB 461)κ
(c) Disbursement of $7,600,000 to address increased levels of food insecurity resulting from the negative economic impact of the COVID-19 pandemic on low-income families.
(d) Disbursement of $6,000,000 to the Collaboration Center Foundation to augment services and programs implemented to address the negative or disparate impacts of the COVID-19 pandemic on persons with disabilities.
(e) Disbursement of $5,000,000 to the State Treasurer to be administered as grants to persons with disabilities who are under 18 years of age through the Nevada ABLE Savings Program established pursuant to NRS 427A.889 to assist persons with disabilities who have been negatively or disparately impacted by the COVID-19 pandemic with expenses related to education, housing, transportation, employment training and support, assistive technology, personal support services, health care costs, financial management and other qualified disability expenses.
(f) Disbursement of $4,000,000 to the University of Nevada, Reno, to establish a statewide program modeled after the Deans Future Scholars Program at the University of Nevada, Reno, to assist pupils who are in grade 6 or higher, are prospective first-generation college students and have been negatively or disparately impacted by the COVID-19 pandemic. The disbursement made pursuant to this paragraph must be used to provide support and services related to mentorship, tutoring and access to food, technology and activities and programs designed to address, support or reduce learning loss caused or exacerbated by the COVID-19 pandemic.
(g) Disbursements for any other purpose authorized for the use of the money received from the Coronavirus State and Local Fiscal Recovery Funds, within the following categories:
(1) Increasing access to health care and community-based services;
(2) Strengthening public education;
(3) Supporting disadvantaged communities;
(4) Strengthening Nevadas workforce, supporting small businesses and revitalizing the States economy;
(5) Investing in infrastructure; and
(6) Modernizing and enhancing state government services.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 2879κ
Assembly Bill No. 492Committee on Ways and Means
CHAPTER 466
[Approved: June 4, 2021]
AN ACT relating to projects of capital improvement; authorizing certain expenditures by the State Public Works Division of the Department of Administration; levying a property tax to support the Consolidated Bond Interest and Redemption Fund; making appropriations; 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 Highway Fund to the State Public Works Division of the Department of Administration the sum of $14,941,908 to support the Division in carrying out the program of capital improvements summarized in this section. The amount is allocated to projects numbered and described in the Executive Budget for the 2021-2023 biennium or otherwise described as follows:
Description Project No. Amount
Capital Improvements for the Department of Administration:
Terminal Unit Replacement, Department of Motor Vehicles, Las Vegas, West Flamingo........................................................ 21-M13 $1,014,828
HVAC Renovation, Department of Motor Vehicles, Carson City. 21-M23 $5,321,115
Replace Exterior Campus Electrical Service Entrance, Department of Motor Vehicles, Carson City............................................. 21-M29 $746,665
Install Surveillance Cameras, Department of Motor Vehicles, Las Vegas, North Decatur.......................................................... 21-M37 $1,316,090
Capital Improvements for the Department of Motor Vehicles:
Advance Planning: Department of Motor Vehicles, Silverado Ranch Facility.................................................................................... 21-P06 $6,331,883
Capital Improvements for the Department of Public Safety:
Advance Planning: Headquarters Building, Carson City.................. 21-P04 $211,327
Sec. 2. Any remaining balance of any appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2025, 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 19, 2025, 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 19, 2025.
κ2021 Statutes of Nevada, Page 2880 (CHAPTER 466, AB 492)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 19, 2025.
Sec. 3. The amounts appropriated pursuant to section 1 of this act from the State Highway Fund must be allocated by the State Controller as the money is required for the projects listed in section 1 of this act and must not be transferred to those projects until required to make contract payments.
Sec. 4. The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $280,630,853 for capital improvements summarized in this section and use proceeds of general obligation bonds of the State of Nevada previously issued in the amount of $9,822,934 which are reallocated for capital improvements summarized in this section. The capital improvements summarized in this section are to be paid with proceeds of general obligation bonds of the State of Nevada in an amount not to exceed $290,453,787; provided that $505,932 of the proceeds of general obligation bonds of the State of Nevada issued pursuant to section 6 of chapter 549, Statutes of Nevada 2015, at page 3936, shall be reallocated to the capital improvements summarized in this section and spent before the expenditure of the proceeds of general obligation bonds of the State of Nevada issued pursuant to this section; $7,684,447 of the proceeds of general obligation bonds of the State of Nevada issued pursuant to section 6 of chapter 606, Statutes of Nevada 2017, at page 4440, as amended by section 1 of chapter 3, Statutes of Nevada 2020, 31st Special Session, at page 12, shall be reallocated to the capital improvements summarized in this section and spent before the expenditure of the proceeds of any general obligation bonds of the State of Nevada issued pursuant to this section; $1,632,555 of the proceeds of general obligation bonds of the State of Nevada issued pursuant to section 10 of chapter 606, Statutes of Nevada 2017, at page 4445, shall be reallocated to the capital improvements summarized in this section and spent before the expenditure of the proceeds of general obligation bonds of the State of Nevada issued pursuant to this section. As used in this section, proceeds of general obligation bonds means amounts received from the sale of an issue and any accrued interest thereon. The amounts are allocated to projects numbered and identified in the Executive Budget for the 2021-2023 biennium or otherwise described as follows:
Description Project No. Amount
1. Capital Improvements for the Department of Administration:
Hobart Reservoir Dam Rehabilitation, Marlette Lake Water System 21-C06 $3,912,924
Central Plant Renovation, Attorney Generals Office Building..... 21-M01 $1,951,601
Uninterruptable Power Supply and Temperature Control System Upgrade, Bryan Building.................................................... 21-M11 $1,645,621
Elevator Modernization, EICON Building......................................... 21-M12 $751,789
Diversion Dam Controls Upgrade, Marlette Lake Water System.. 21-M15 $815,268
Replace Driveway Snow Melt System, Supreme Court Building.. 21-M17 $413,835
κ2021 Statutes of Nevada, Page 2881 (CHAPTER 466, AB 492)κ
Description Project No. Amount
HVAC System Replacement, State Mail Services............................ 21-M21 $467,930
Replace Building 89 Chiller, Stewart Facility................................... 21-M38 $868,598
Exterior Renovation, State Capitol and Annex Building................. 21-M46 $4,880,113
Advance Planning, Grant Sawyer Office Building Remodel........... 21-P01 $4,943,728
Advance Planning: Seismic Retrofit and Renovation, Heroes Memorial and Annex............................................................................... 21-P02 $1,544,163
Statewide Roofing Program.................................................................... 21-S01 $5,984,653
Roofing Replacement, Nevada Department of Wildlife, Las Vegas Headquarters....................................................................... 21-S01w $586,612
Statewide ADA Program......................................................................... 21-S02 $2,593,037
Statewide Fire and Life Safety Program.............................................. 21-S03 $2,138,164
Statewide Advance Planning Program................................................. 21-S04 $2,043,408
Statewide Paving Program...................................................................... 21-S05 $2,385,478
Statewide Indoor Air Quality, Environmental Program.................... 21-S06 $1,293,791
Statewide Energy Efficiency Program.................................................. 21-S08 $9,389,819
2. Capital Improvements for the State Department of Conservation and Natural Resources:
Heavy Equipment Repair Shop and Shop Renovation, Northern Region 2 Headquarters, Elko............................................................ 21-C01 $5,543,284
Comfort Stations, Valley of Fire State Park........................................ 21-C09 $436,579
Office Building Renovations, Comstock Historic Office................ 21-M34 $327,254
Park Facilities Maintenance and ADA Upgrades, Fort Churchill State Park......................................................................................... 21-M45 $656,774
Safety Improvements, Miller Point Overlook.................................... 21-M50 $956,755
3. Capital Improvements for the Department of Corrections:
Replace Domestic Water and Sanitary Sewer, Northern Nevada Correctional Center............................................................. 21-M03 $13,826,543
Replace Domestic and Heating Hot Water Piping, Ely State Prison 21-M04 $10,104,817
Underground Piping Replacement, Ely State Prison........................ 21-M07 $8,399,741
Switchgear Renovation and Electrical Testing, Lovelock Correctional Center..................................................................................... 21-M09 $1,546,587
Plumbing Fixture Water Control Renovations, Housing Units 1 - 4, Southern Desert Correctional Center................................ 21-M10 $3,226,088
κ2021 Statutes of Nevada, Page 2882 (CHAPTER 466, AB 492)κ
Description Project No. Amount
Electrical Distribution Upgrade, Northern Nevada Correctional Center 21-M16 $19,669,185
Replace Emergency Generator, Florence McClure Womens Correctional Center............................................................. 21-M28 $1,080,646
Housing Unit 4 HVAC System Renovation, Northern Nevada Correctional Center............................................................. 21-M30 $1,984,173
Water Softener Replacement, Florence McClure Womens Correctional Center............................................................. 21-M31 $468,422
Dishwasher Replacement, High Desert State Prison........................ 21-M32 $493,712
Replace Housing Unit 4 Air Handling Units and Multipurpose Building Chiller, Warm Springs Correctional Center... 21-M35 $3,669,038
Install Sanitary Sewer Macerator, Florence McClure Womens Correctional Center............................................................. 21-M36 $1,011,322
Chilled Water Plant Renovation, Lovelock Correctional Center.... 21-M54 $2,532,354
Replace Surveillance System, Casa Grande Transitional Housing 21-M55 $959,603
Central Plant Renovation, High Desert State Prison......................... 21-M56 $10,411,861
Install Recreation Yard Fencing, Southern Desert Correctional Center and High Desert State Prison............................................. 21-M57 $1,830,391
Replace Locks and Controls in Housing Unit 7, Northern Nevada Correctional Center............................................................. 21-M58 $3,512,433
Replace Cell Doors and Locks in Housing Units 4 - 6, Northern Nevada Correctional Center............................................... 21-M60 $4,447,868
Advance Planning: Wastewater System Upgrade, Lovelock Correctional Center............................................................... 21-P07 $473,137
4. Capital Improvements for the Department of Health and Human Services:
Deferred Maintenance, Department of Health and Human Services 21-M02 $27,142,079
5. Capital Improvements for the Office of the Military:
Washoe County Training Center Addition, Nevada Army National Guard....................................................................................... 21-C03 $26,053,548
Construct Organizational Parking, Washoe County Armory........... 21-C07 $432,627
κ2021 Statutes of Nevada, Page 2883 (CHAPTER 466, AB 492)κ
Description Project No. Amount
Purchase of Navy Operational Support Center, Stead....................... 21-C08 $3,795,470
Aircraft Storage Hangar and Sitework, Harry Reid Training Center 21-C10 $2,843,505
Loading Dock, North Las Vegas Readiness Center........................... 21-E01 $147,190
Replace Overhead Doors, Maintenance Building, Carlin Readiness Center...................................................................................... 21-E02 $281,940
Upgrade Interior Lighting, Las Vegas Readiness Center.................. 21-E03 $292,190
Security Fence Addition, Carlin Readiness Center............................ 21-E04 $666,080
Security Fencing, Floyd Edsall Training Center................................. 21-E05 $75,961
Interior and Exterior Door Replacement, Clark County Armory..... 21-E06 $724,161
Covered Patio, Clark County Armory.................................................. 21-E07 $149,165
Electrical Circuiting, Devices and Lighting Replacement, Plumb Lane Armory................................................................................... 21-M05 $302,071
Construct Organizational Parking Addition, Las Vegas Readiness Center..................................................................................... 21-M18 $712,429
HVAC Systems Renovation, Carlin Readiness Center.................... 21-M19 $757,502
Restroom and Shower Renovation, Washoe County Armory......... 21-M24 $642,290
Remodel Restroom Facilities, Clark County Armory....................... 21-M25 $1,009,824
Replace Domestic Water Heaters, Carlin Readiness Center........... 21-M27 $437,108
HVAC System Renovation, Clark County Armory.......................... 21-M33 $854,733
Domestic Hot Water System and Transformer Replacement, Office of the Adjutant General........................................................... 21-M43 $472,682
Recondition Water Storage Tank, Carlin Readiness Center............ 21-M47 $286,576
Upgrade Wastewater System, Carlin Readiness Center................... 21-M51 $322,196
Advance Planning: General Instruction Building, Floyd Edsall Training Center...................................................................... 21-P05 $1,404,880
6. Capital Improvements for the Nevada System of Higher Education:
Engineering Academic and Research Building, University of Nevada, Las Vegas............................................................................... 21-C05 $36,844,345
Welding Lab Addition and Renovation, Great Basin College......... 21-C12 $5,740,320
κ2021 Statutes of Nevada, Page 2884 (CHAPTER 466, AB 492)κ
Description Project No. Amount
Renovation of Marlette Lecture Hall, Western Nevada College..... 21-C13 $1,496,771
Deferred Maintenance, Nevada System of Higher Education......... 21-M06 $15,000,000
7. Capital Improvements for the Department of Public Safety:
Advance Planning: Headquarters Building, Department of Public Safety, Carson City............................................................... 21-P04 $429,057
8. Capital Improvements for the Department of Tourism and Cultural Affairs:
HVAC System Renovation, Nevada State Railroad Museum......... 21-M39 $1,338,211
Historic Pit House and Adobe Pueblos Repair, Lost City Museum 21-M41 $370,808
HVAC System Renovation, Nevada Historical Society Building.. 21-M52 $584,098
Central Plant Replacement, Nevada State Museum, Las Vegas..... 21-M59 $3,091,904
9. Capital Improvements for the Department of Veterans Services:
Cemetery Expansion, Southern Nevada Veterans Memorial Cemetery 21-C11 $607,271
Pavilion Renovation, Northern Nevada Veterans Memorial Cemetery 21-M26 $297,774
Temperature Controls Replacement, Southern Nevada State Veterans Home...................................................................................... 21-M40 $177,212
Advance Planning: Remodel and Addition, Southern Nevada Veterans Home....................................................................................... 21-P03 $1,635,877
10. Capital Improvements for the Department of Wildlife:
Cave Creek Dam Rehabilitation, Cave Lake State Park................... 21-C04 $2,614,544
Construct Water Wells and Water Systems, Various Fish Hatchery Sites........................................................................................ 21-M08 $2,642,494
HVAC System Renovation, Elko Office............................................ 21-M20 $1,005,764
HVAC Systems Installation, Elko Office Warehouse...................... 21-M53 $592,031
Sec. 5. Any remaining balance of the allocated amounts authorized in section 4 of this act must not be committed for expenditure after June 30, 2025, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 19, 2025.
Sec. 6. 1. The State Board of Finance may issue the bonds authorized pursuant to section 4 of this act at the time deemed appropriate by the Board based on the schedule established for the completion of the projects described in those sections.
2. The State Controller may advance temporarily from the State General Fund, upon the approval of the Director of the Office of Finance in the Office of the Governor, to the State Public Works Division of the Department of Administration, until the date on which the bonds authorized by section 4 of this act are sold, amounts necessary to facilitate the start of the projects enumerated in section 4 of this act.
κ2021 Statutes of Nevada, Page 2885 (CHAPTER 466, AB 492)κ
Department of Administration, until the date on which the bonds authorized by section 4 of this act are sold, amounts necessary to facilitate the start of the projects enumerated in section 4 of this act. The amounts temporarily advanced by the State Controller must be advanced as the money is required for the projects and must not be transferred to the projects from the State General Fund until required to make contract payments. The advanced amounts must be repaid immediately to the State General Fund upon the issuance of the bonds or not later than the last business day in August immediately following the end of the fiscal year during which the advance is made.
3. The Director of the Office of Finance in the Office of the Governor shall provide written notification to the State Controller, the State Treasurer and the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of any advance from the State General Fund to the State Public Works Division of the Department of Administration pursuant to subsection 2. The Director of the Office of Finance in the Office of the Governor shall provide a reconciliation to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau of the advances authorized from the State General Fund and repayments to the State General Fund made during any fiscal year during the 2021-2023 biennium. The reconciliation must be provided not later than the last business day in August immediately following the end of the fiscal year during which an advance is made.
Sec. 7. 1. Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized for the following projects numbered and described in the Executive Budget for the 2021-2023 biennium or otherwise described as follows:
Description Project No. Amount
Capital Improvements for the Department of Administration:
Hobart Reservoir Dam Rehabilitation, Marlette Lake Water System 21-C06 $10,021,355
Purchasing Warehouse Renovation..................................................... 21-M49 $969,423
Roofing Replacement, Nevada Department of Wildlife, Las Vegas Headquarters....................................................................... 21-S01w $130,000
Statewide Indoor Air Quality, Environmental Program.................... 21-S06 $100,000
Statewide Building Official Program.................................................... 21-S09 $2,275,000
Capital Improvements for the State Department of Conservation and Natural Resources:
Comfort Stations, Valley of Fire State Park........................................ 21-C09 $379,718
Park Facilities Maintenance and ADA Upgrades, Fort Churchill State Park......................................................................................... 21-M45 $582,827
Safety Improvements, Miller Point Overlook.................................... 21-M50 $850,487
Capital Improvements for the Office of the Military:
Washoe County Training Center Addition, Nevada Army National Guard....................................................................................... 21-C03 $19,981,575
κ2021 Statutes of Nevada, Page 2886 (CHAPTER 466, AB 492)κ
Description Project No. Amount
Construct Organizational Parking, Washoe County Armory........... 21-C07 $1,008,385
Purchase of Navy Operational Support Center, Stead....................... 21-C08 $686,035
Aircraft Storage Hangar and Sitework, Harry Reid Training Center 21-C10 $3,650,000
Loading Dock, North Las Vegas Readiness Center........................... 21-E01 $332,105
Replace Overhead Doors, Maintenance Building, Carlin Readiness Center...................................................................................... 21-E02 $237,208
Upgrade Interior Lighting, Las Vegas Readiness Center.................. 21-E03 $666,907
Security Fence Addition, Carlin Readiness Center............................ 21-E04 $732,758
Security Fencing, Floyd Edsall Training Center................................. 21-E05 $1,113,106
Interior and Exterior Door Replacement, Clark County Armory..... 21-E06 $624,022
Covered Patio, Clark County Armory.................................................. 21-E07 $127,310
Electrical Circuiting, Devices and Lighting Replacement, Plumb Lane Armory................................................................................... 21-M05 $692,676
Construct Organizational Parking Addition, Las Vegas Readiness Center..................................................................................... 21-M18 $1,833,961
HVAC Systems Renovation, Carlin Readiness Center.................... 21-M19 $1,441,982
Restroom and Shower Renovation, Washoe County Armory......... 21-M24 $555,633
Remodel Restroom Facilities, Clark County Armory....................... 21-M25 $880,630
Replace Domestic Water Heaters, Carlin Readiness Center........... 21-M27 $586,085
HVAC System Renovation, Clark County Armory.......................... 21-M33 $738,072
Domestic Hot Water System and Transformer Replacement, Office of the Adjutant General........................................................... 21-M43 $407,829
Recondition Water Storage Tank, Carlin Readiness Center............ 21-M47 $308,212
Upgrade Wastewater System, Carlin Readiness Center................... 21-M51 $750,000
Advance Planning: General Instruction Building, Floyd Edsall Training Center...................................................................... 21-P05 $4,049,000
Capital Improvements for the Nevada System of Higher Education:
Engineering Academic and Research Building, University of Nevada, Las Vegas............................................................................... 21-C05 $36,844,345
κ2021 Statutes of Nevada, Page 2887 (CHAPTER 466, AB 492)κ
Description Project No. Amount
Welding Lab Addition and Renovation, Great Basin College......... 21-C12 $600,000
Capital Improvements for the Department of Veterans Services:
Cemetery Expansion, Southern Nevada Veterans Memorial Cemetery 21-C11 $3,541,019
Temperature Controls Replacement, Southern Nevada State Veterans Home...................................................................................... 21-M40 $268,388
Advance Planning: Remodel and Addition, Southern Nevada Veterans Home....................................................................................... 21-P03 $2,593,840
Capital Improvements for the Department of Wildlife:
Cave Creek Dam Rehabilitation, Cave Lake State Park................... 21-C04 $6,898,470
HVAC System Renovation, Elko Office............................................ 21-M20 $200,000
2. The State Public Works Division of the Department of Administration shall not execute a contract for the construction of a project listed in subsection 1 until the Division has determined that the funding authorized in subsection 1 for the project has been awarded or received and is available for expenditure for the project.
Sec. 8. The State Public Works Division of the Department of Administration shall carry out the provisions of this act as provided in chapter 341 of NRS. The Division shall ensure that qualified persons are employed to accomplish the authorized work. Every contract pertaining to the work must be approved by the Attorney General.
Sec. 9. All state and local governmental agencies involved in the design and construction of the projects enumerated in this act shall cooperate with the State Public Works Division of the Department of Administration to expedite completion of the project.
Sec. 10. 1. The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $4,000,000 in the 2021-2023 biennium as provided in NRS 383.530, the proceeds of which must be used for the program for awarding financial assistance to pay the actual expenses of preserving or protecting historical buildings to be used to develop a network of cultural centers and activities.
2. As used in this section, proceeds means amounts received from the sale of an issue of the general obligation bonds and any accrued interest thereon.
Sec. 11. 1. The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $8,000,000 in the 2021-2023 biennium, the proceeds of which must be used for the purposes described in section 1 of chapter 167, Statutes of Nevada 2019, at page 891.
2. As used in this section, proceeds means amounts received from the sale of an issue of the general obligation bonds and any accrued interest thereon.
Sec. 12. 1. The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $4,000,000 in the 2021-2023 biennium, the proceeds of which must be used for the purposes described in section 1 of Senate Bill No.
κ2021 Statutes of Nevada, Page 2888 (CHAPTER 466, AB 492)κ
in the 2021-2023 biennium, the proceeds of which must be used for the purposes described in section 1 of Senate Bill No. 368 of this session.
2. As used in this section, proceeds means amounts received from the sale of an issue of the general obligation bonds and any accrued interest thereon.
Sec. 13. 1. The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $8,000,000 in the 2021-2023 biennium as provided in NRS 349.986, the proceeds of which must be used for the program for providing grants for water conservation and capital improvements to certain water systems.
2. As used in this section, proceeds means amounts received from the sale of an issue of the general obligation bonds and any accrued interest thereon.
Sec. 14. The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $20,000,000 in the 2021-2023 biennium, the proceeds of which must be used for the purposes described in:
1. Subsection 1 of section 2;
2. Subsection 2 of section 2;
3. Subsection 3 of section 2;
4. Subsection 4 of section 2;
5. Subsection 5 of section 2;
6. Subsection 6 of section 2; and
7. Subsection 7 of section 2,
Κ of chapter 480, Statutes of Nevada 2019, at page 2861. As used in this section, proceeds means amounts received from the sale of an issue of the general obligation bonds and any accrued interest thereon.
Sec. 15. The Legislature finds and declares that the issuance of securities and the incurrence of indebtedness pursuant to sections 11 to 14, inclusive, of this act, except the use of the proceeds of those bonds pursuant to subsections 3, 5 and 6 of section 14 of this act:
1. Are necessary for the protection and preservation of the property and natural resources of this State and for the purpose of obtaining the benefits thereof; and
2. Constitute an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the Nevada Constitution.
Sec. 16. 1. The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $75,000,000, the proceeds of which must be used for the program identified in the Executive Budget for the 2021-2023 biennium and otherwise described as the Statewide Infrastructure and Economic Development Program to be used in accordance with NRS 408.55048 to 408.55088, inclusive, to provide loans and other financial assistance for the development, construction, repair, improvement, operation, maintenance, decommission, or ownership of certain facilities and infrastructure for eligible projects as defined in NRS 408.55053. This section authorizes the use of interest earnings on amounts in the Consolidated Bond Interest and Redemption Fund not needed to meet the requirements of NRS 349.110, in an amount not to exceed $484,665 in the 2021-2023 biennium to be transferred to the Nevada Department of Transportation Statewide Infrastructure Bank budget account for personnel and operating expenditures of the State Infrastructure Bank pursuant to NRS 408.55048 to 408.55088, inclusive.
κ2021 Statutes of Nevada, Page 2889 (CHAPTER 466, AB 492)κ
Infrastructure Bank budget account for personnel and operating expenditures of the State Infrastructure Bank pursuant to NRS 408.55048 to 408.55088, inclusive.
2. As used in this section, proceeds means amounts received from the sale of an issue of the general obligation bonds and any accrued interest thereon.
Sec. 17. 1. An ad valorem tax of 16.18 cents on each $100 of assessed valuation of taxable property is hereby levied for Fiscal Year 2021-2022, and an ad valorem tax of 16.18 cents on each $100 of assessed valuation of taxable property is hereby levied for Fiscal Year 2022-2023. The taxes levied must be collected in the manner provided in chapter 361 of NRS on all taxable property in this State, including, without limitation, the net proceeds of minerals, and excluding such property as is by law exempt from taxation. Notwithstanding the provisions of NRS 361.453 to the contrary, 1.18 cents of the levies imposed pursuant to this subsection must not be included in calculating the limitation set forth in subsection 1 of NRS 361.453 on the total ad valorem tax levied for all public purposes.
2. An ad valorem tax of 0.82 cents on each $100 of assessed valuation of taxable property is hereby levied for Fiscal Year 2021-2022, and an ad valorem tax of 0.82 cents on each $100 of assessed valuation of taxable property is hereby levied for Fiscal Year 2022-2023. The taxes levied must be collected in the manner provided in chapter 361 of NRS on all taxable property in this State, including, without limitation, the net proceeds of minerals, and excluding such property as is by law exempt from taxation. The proceeds of the taxes levied pursuant to this subsection must be used exclusively for the repayment of bonded indebtedness issued pursuant to the provisions of:
(a) Chapter 6, Statutes of Nevada 2001, 17th Special Session, at page 104; or
(b) Chapter 480, Statutes of Nevada 2019, at page 2860.
Κ Notwithstanding the provisions of NRS 361.453 to the contrary, the levies imposed pursuant to this subsection must not be included in calculating the limitation set forth in subsection 1 of NRS 361.453 on the total ad valorem tax levied for all public purposes.
3. The proceeds of the taxes levied by this section are hereby appropriated in each fiscal year to the Consolidated Bond Interest and Redemption Fund to discharge the obligations of the State of Nevada as they are respectively due in that fiscal year. Any balance of the money appropriated by this section remaining at the end of the respective fiscal years does not revert to the State General Fund.
Sec. 18. 1. On or before July 1, 2021, and July 1, 2022, respectively, the State Treasurer shall estimate the amount of proceeds of the taxes levied by section 17 of this act. If the sum of that estimate and the balance of ad valorem reserves in the Consolidated Bond Interest and Redemption Fund is less than the total obligation of the State of Nevada for payment of the interest on and principal of bonds which will become due in the fiscal year, the State Treasurer shall request the State Controller to reserve in the State General Fund an amount which is sufficient to pay the remainder of the total obligation. The State Treasurer may revise the estimate and amount reserved.
2. If the money in the Consolidated Bond Interest and Redemption Fund is insufficient to pay those obligations as they become due, the State Controller shall cause the money in reserve to be transferred from the State General Fund to the Consolidated Bond Interest and Redemption Fund.
κ2021 Statutes of Nevada, Page 2890 (CHAPTER 466, AB 492)κ
General Fund to the Consolidated Bond Interest and Redemption Fund. The amount reserved is hereby contingently appropriated for that purpose. Any balance of the sums appropriated by this subsection remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 16, 2022, and September 15, 2023, respectively.
3. The State Treasurer shall report to the Legislature or, if the Legislature is not in session, to the Interim Finance Committee:
(a) The amount of any estimate made pursuant to subsection 1 and the amount of money reserved in the State General Fund based upon the estimate;
(b) The amount of money transferred from the State General Fund pursuant to subsection 2; and
(c) The amount of money which reverts to the State General Fund pursuant to subsection 2.
Sec. 19. The State Board of Finance, in its capacity as the State General Obligation Bond Commission and to the extent that money is available, shall pay the expenses related to the issuance of general obligation bonds approved by the 81st Session of the Nevada Legislature from the proceeds of those bonds.
Sec. 20. 1. Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized from the Consolidated Bond Interest and Redemption Fund in the amount of $155,363,198 for Fiscal Year 2021-2022, and in the amount of $143,305,998 for Fiscal Year 2022-2023.
2. Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program for the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund for the bond repayment costs of the bonds approved by the State Legislature pursuant to the provisions of this act. As used in this subsection, bond repayment costs means the principal, interest and related costs of issuance of the bonds and any other costs related to the payment of the bonds or compliance with covenants made in connection with those bonds, as estimated by the State Treasurer.
Sec. 21. 1. With the approval of the Interim Finance Committee, the State Public Works Division of the Department of Administration and the Nevada System of Higher Education may transfer appropriated, allocated and authorized money from one project to another within the same agency or within the Nevada System of Higher Education for those projects listed in sections 1 and 4 of this act.
2. Transfers of money pursuant to subsection 1 to or from projects that are also authorized in section 7 of this act must maintain the overall ratio of appropriated, allocated and authorized money in total for those projects.
Sec. 22. Section 7 of chapter 606, Statutes of Nevada 2017, at page 4444, is hereby amended to read as follows:
Sec. 7. [Any]
1. Except as otherwise provided in subsection 2, any remaining balance of the allocated amounts authorized in section 6 of [this act] chapter 606, Statutes of Nevada 2017, at page 4440, must [not] :
κ2021 Statutes of Nevada, Page 2891 (CHAPTER 466, AB 492)κ
(a) Not be committed for expenditure after June 30, 2021, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 17, 2021 [.] ; or
(b) Be transferred for the projects numbered and described in the Executive Budget for the 2021-2023 biennium or otherwise described in section 4 of this act.
2. Any remaining balance of the allocated amounts authorized in section 6 of chapter 606, Statutes of Nevada 2017, at page 4440, for the following projects, must not be committed for expenditure after June 30, 2023, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 15, 2023.
Description Project No.
National Guard Readiness Center 17-C05
Water Supply Nitrate Treatment, Humboldt Conservation Camp 17-M04
Upgrade Wastewater Treatment Facilities, Wells Conservation Camp 17-M18
Upgrade Electric Power Transformers, Switches and Sub-metering, Stewart Campus 17-M23
Heat Exchanger Replacement, Ely State Prison 17-M28
Domestic Water Pump House Replacement, Wells Conservation Camp 17-M33
Replace Domestic and Fire Water Main, Stewart Campus 17-M36
Complete Phone and Data Network Phase II, Stewart Campus 17-M45
Plumbing Fixture and Water Control Renovations, Housing Units 1 through 5 at Northern Nevada Correctional Center 17-M48
Water System Improvements, Mason Valley Wildlife Management Area Headquarters 17-M75
Statewide ADA Program 17-S02
Sec. 23. Section 11 of chapter 606, Statutes of Nevada 2017, at page 4445, is hereby amended to read as follows:
Sec. 11. [Any] Except as otherwise provided in subsection 2, any remaining balance of the allocated amounts authorized in section 10 of [this act] chapter 606, Statutes of Nevada 2017, at page 4445, must [not] :
1. Not be committed for expenditure after June 30, 2021, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 17, 2021 [.] ; or
2. Be transferred for the projects numbered and described in the Executive Budget for the 2021-2023 biennium or otherwise described in section 4 of this act.
κ2021 Statutes of Nevada, Page 2892 (CHAPTER 466, AB 492)κ
Sec. 24. Section 16 of chapter 606, Statutes of Nevada 2017, at page 4447, is hereby amended to read as follows:
Sec. 16. Any remaining balance of the amount transferred pursuant to section 15 of [this act] chapter 606, Statutes of Nevada 2017, at page 4447, must not be committed for expenditure after June 30, [2021,] 2023, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September [17, 2021.] 15, 2023.
Sec. 25. Section 20 of chapter 606, Statutes of Nevada 2017, at page 4451, is hereby amended to read as follows:
Sec. 20. [Any]
1. Except as otherwise provided in subsection 2, any remaining balance of the amount transferred pursuant to section 19 of [this act] chapter 606, Statutes of Nevada 2017, at page 4447, must not be committed for expenditure after June 30, 2021, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 17, 2021.
2. Any remaining balance of the amount transferred pursuant to section 19 of chapter 606, Statutes of Nevada 2017, at page 4447, for project 17-M75, Water System Improvements, Mason Valley Wildlife Management Area Headquarters, must not be committed for expenditure after June 30, 2023, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 15, 2023.
Sec. 26. Section 22 of chapter 606, Statutes of Nevada 2017, at page 4452, is hereby amended to read as follows:
Sec. 22. Any remaining balance of the amount transferred pursuant to section 21 of [this act] chapter 606, Statutes of Nevada 2017, at page 4451, must not be committed for expenditure after June 30, [2021,] 2023, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September [17, 2021.] 15, 2023.
Sec. 27. Section 1 of chapter 601, Statutes of Nevada 2017, at page 4369, is hereby amended to read as follows:
Section 1. 1. There is hereby appropriated from the State General Fund to the State Public Works Division of the Department of Administration the sum of $1,750,000 to support the Division in carrying out the project numbered or otherwise described as Project 17-P09, Advance Planning UNLV College of Engineering, Academic and Research Building.
2. Any remaining balance of the appropriations made by subsection 1 must not be committed for expenditure after June 30, [2021,] 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 [17, 2021,] 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 [17, 2021.] 15, 2023.
κ2021 Statutes of Nevada, Page 2893 (CHAPTER 466, AB 492)κ
Sec. 28. Section 7 of chapter 549, Statutes of Nevada 2015, as last amended by section 29 of chapter 542, Statutes of Nevada 2019, at page 3320, is hereby amended to read as follows:
Sec. 7. 1. Except as otherwise provided in subsection 2, any remaining balance of the allocated amounts authorized in section 6 of chapter 549, Statutes of Nevada 2015, at page 3936, must:
(a) Not be committed for expenditure after June 30, 2019, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Interest and Redemption Fund on or before September 20, 2019; or
(b) Be transferred for expenditure on the projects numbered and described in the Executive Budget for the 2019-2021 biennium or otherwise described in section 6 of [this act] chapter 542, Statutes of Nevada 2019, at page 3309.
2. Any remaining balance of the allocated amounts authorized in section 6 of chapter 549, Statutes of Nevada 2015, at page 3936, for the following projects, must [not] :
(a) Not be committed for expenditure after June 30, 2021, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 17, 2021 [.] ; or
(b) Be transferred for expenditure on the projects numbered and described in the Executive Budget for the 2021-2023 biennium or otherwise described in section 4 of this act.
Description Project No.
Construct New Northern Nevada State Veterans Home 15-C77
Electrical System Upgrades, Nevada Youth Training Center 15-M16
HVAC Renovation, Northern Nevada Adult Mental Health Services Building 2 15-M19
Ductwork Replacement, Lakes Crossing 15-M20
Upgrade Basement Heating and Drainage Improvements, Nevada State Museum, Carson City 15-M38
Central Plant Improvements, Nevada Youth Training Center Education and Multi-Purpose Buildings 15-M40
Statewide Fire and Life Safety Program 15-S03
Sec. 29. This act becomes effective upon passage and approval.
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κ2021 Statutes of Nevada, Page 2894κ
Assembly Bill No. 416Committee on Education
CHAPTER 467
[Approved: June 4, 2021]
AN ACT relating to higher education; requiring the Legislative Auditor to conduct an audit of the Nevada System of Higher Education; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill requires the Legislative Auditor to conduct a performance audit during the 2021-2023 biennium of the Nevada System of Higher Education for the Fiscal Years 2018-2019 to 2021-2022. This bill sets forth the requirements for the audit and makes an appropriation to the Legislative Fund for overtime and travel costs related to conducting the audit.
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 Legislative Auditor shall conduct a performance audit during the 2021-2023 biennium of the Nevada System of Higher Education, including, without limitation, any related foundations, institutions or agencies, for the Fiscal Years 2018-2019 to 2021-2022 and any additional fiscal years the Legislative Auditor deems necessary to audit. The audit must include, without limitation, an examination and analysis of:
(a) The sources and uses of money privately donated to each school within the System and the System, including, without limitation, adherence to the terms and agreements of the donations;
(b) Capital projects at the University of Nevada, Reno, and the University of Nevada, Las Vegas; and
(c) The reserve accounts and self-supporting budget accounts in the System.
2. On or before February 4, 2023, the Legislative Auditor shall present a final written report of the audit performed pursuant to this section to the Audit Subcommittee of the Legislative Commission.
3. The provisions of NRS 218G.010 to 218G.350, inclusive, apply to the audit performed pursuant to this section.
4. Every officer and employee of a school within the System or the System, including any related foundations, institutions or agencies, shall cooperate fully with and provide such information as is required by the Legislative Auditor to assist with the completion of the audit.
5. As used in this section, System means the Nevada System of Higher Education.
Sec. 1.5. There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218A.150 for overtime and travel costs related to conducting the audit required by section 1 of this act the following sums:
For the Fiscal Year 2021-2022...................................................... $80,250
For the Fiscal Year 2022-2023.................................................... $128,750
κ2021 Statutes of Nevada, Page 2895 (CHAPTER 467, AB 416)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. 463Committee on Finance
CHAPTER 468
[Approved: June 4, 2021]
AN ACT making an appropriation to the Department of Education for transfer to certain charter schools; 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 Other State Education Programs Account in the State General Fund the sum of $3,806,363 for transfer to charter schools identified in this section that have the potential to receive less funding pursuant to the Pupil-Centered Funding Plan in Fiscal Year 2021-2022 or Fiscal Year 2022-2023 than the calculated hold harmless threshold amount for Fiscal Year 2021-2022 or Fiscal Year 2022-2023 for each charter school identified in subsection 6 or 7 to be used as one-time funding to enable such charter schools to transition fully to the Pupil-Centered Funding Plan.
2. Of the sum appropriated by subsection 1, the Department of Education may transfer the sum of $2,089,283 in Fiscal Year 2021-2022 and the sum of $1,717,080 in Fiscal Year 2022-2023 for the purposes specified in subsections 6 and 7.
3. The sum appropriated by subsection 1 that is unencumbered or unexpended at the end of Fiscal Year 2020-2021 does not revert to the State General Fund, must be carried forward to the next fiscal year and is hereby authorized for use in the next fiscal year for the purposes specified in subsections 2 and 6.
4. The sum appropriated by subsection 1 that is unencumbered or unexpended at the end of Fiscal Year 2021-2022, less the sum of $1,717,080, must not be committed for expenditure after June 30, 2022, and must not be spent for any purpose after September 16, 2022, and must be reverted to the State General Fund on or before September 16, 2022.
5. The sum of $1,717,080 appropriated by subsection 1 does not revert to the State General Fund at the end of Fiscal Year 2021-2022, must be carried forward to Fiscal Year 2022-2023 and is hereby authorized for use in Fiscal Year 2022-2023 for the purposes set forth in subsections 2 and 7. Any remaining balance of the sum appropriated by subsection 1 must not be committed for expenditure after June 30, 2023, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, and must be reverted to the State General Fund on or before September 15, 2023.
κ2021 Statutes of Nevada, Page 2896 (CHAPTER 468, SB 463)κ
remaining balance of the sum appropriated by subsection 1 must not be committed for expenditure after June 30, 2023, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, and must be reverted to the State General Fund on or before September 15, 2023.
6. For each charter school identified in this subsection, the Department of Education shall transfer to the charter school from the sum set forth in subsection 2 for Fiscal Year 2021-2022, in equal quarterly installments at the beginning of each quarter during Fiscal Year 2021-2022, the following maximum transfer amount for Fiscal Year 2021-2022:
Charter School Hold Maximum
Harmless Transfer
Threshold Amount
Alpine Academy $942,773 $97,843
Bailey Charter School $1,965,779 $219,352
Beacon Academy $3,144,689 $549,864
Carson Montessori $2,336,140 $52,126
Coral Academy of Science Washoe $10,880,331 $65,347
Elko Institute for Academic Achievement $1,987,180 $447,381
enCompass Academy $728,993 $44,359
Honors Academy of Literature $1,696,828 $15,179
Imagine School Mountain View $5,376,352 $93,641
Learning Bridge $2,103,389 $19,218
Sierra Nevada Academy Charter $3,058,826 $263,869
Silver Sands Montessori $2,202,671 $221,104
Κ After the end of Fiscal Year 2021-2022, the Department of Education shall compare the total funding actually received through the Pupil-Centered Funding Plan pursuant to NRS 387.1214 for each charter school identified in this subsection to the hold harmless threshold identified in this subsection for the charter school and calculate the actual difference between those amounts. If the calculated actual difference is less than the maximum transfer amount, the charter school shall, on or before September 1, 2022, repay to the Department of Education the difference between the maximum transfer amount and the calculated actual difference.
7. For each charter school identified in this subsection, the Department of Education shall transfer to the charter school from the sum set forth in subsection 2 for Fiscal Year 2022-2023, in equal quarterly installments at the beginning of each quarter during Fiscal Year 2022-2023, the following maximum transfer amount for Fiscal Year 2022-2023:
κ2021 Statutes of Nevada, Page 2897 (CHAPTER 468, SB 463)κ
Charter School Hold Maximum
Harmless Transfer
Threshold Amount
Alpine Academy $943,595 $85,603
Bailey Charter School $1,967,493 $197,107
Beacon Academy $3,147,431 $513,388
Carson Montessori $2,338,177 $20,542
Elko Institute for Academic Achievement $1,988,913 $425,332
enCompass Academy $729,629 $35,540
Imagine School Mountain View $5,381,040 $20,253
Sierra Nevada Academy Charter $3,061,494 $226,529
Silver Sands Montessori $2,204,592 $192,786
Κ After the end of Fiscal Year 2022-2023, the Department of Education shall compare the total funding actually received through the Pupil-Centered Funding Plan pursuant to NRS 387.1214 for each charter school identified in this subsection to the hold harmless threshold identified in this subsection for the charter school and calculate the actual difference between those amounts. If the calculated actual difference is less than the maximum transfer amount, the charter school shall, on or before September 1, 2023, repay to the Department of Education the difference between the maximum transfer amount and the calculated actual difference.
Sec. 2. This act becomes effective upon passage and approval.
________
Assembly Bill No. 463Committee on Ways and Means
CHAPTER 469
[Approved: June 4, 2021]
AN ACT relating to state financial administration; providing for the reversion of certain money; making a supplemental appropriation to the State Department of Conservation and Natural Resources for an unanticipated shortfall in the Forest Fire Suppression budget account; and providing other matters properly relating thereto.
Legislative Counsels Digest:
During the 2019 Legislative Session, an appropriation of $5,000,000 was made from the State General Fund to the Interim Finance Committee for allocation to the State Department of Conservation and Natural Resources to provide matching money for wildfire prevention, restoration and long-term planning. (Chapter 455, Statutes of Nevada 2019, at page 2791) Section 1 of this bill provides for the reversion of any money remaining from that appropriation to the State General Fund by September 19, 2025.
Section 2 of this bill makes a supplemental appropriation from the State General Fund to the State Department of Conservation and Natural Resources for an unanticipated shortfall in the Forest Fire Suppression budget account.
κ2021 Statutes of Nevada, Page 2898 (CHAPTER 469, AB 463)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. Section 2.3 of chapter 455, Statutes of Nevada 2019, at page 2791, is hereby amended to read as follows:
Sec. 2.3. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee for allocation to the State Department of Conservation and Natural Resources the sum of $5,000,000 for wildfire prevention, restoration and long-term planning. The Interim Finance Committee shall allocate money to the Department pursuant to section 2.7 of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2025, 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 19, 2025, 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 19, 2025.
Sec. 2. There is hereby appropriated from the State General Fund to the State Department of Conservation and Natural Resources the sum of $2,359,168 for an unanticipated shortfall in the Forest Fire Suppression budget account relating to directly incurred or projected costs for forest fire suppression. This appropriation is supplemental to that made by section 23 of chapter 544, Statutes of Nevada 2019, as amended by section 37 of chapter 5, Statutes of Nevada 2020, 31st Special Session, at page 53.
Sec. 3. This act becomes effective upon passage and approval.
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