[Rev. 9/10/2021 11:34:46 AM]
κ2021 Statutes of Nevada, Page 3355κ
Assembly Bill No. 371Assemblymen Brittney Miller, Monroe-Moreno, Gonzαlez; Anderson, Benitez-Thompson, Cohen, Considine, Duran, Flores, Frierson, Gorelow, Jauregui, Martinez, Marzola, C.H. Miller, Nguyen, Orentlicher, Peters, Summers-Armstrong, Thomas, Torres, Watts and Yeager
Joint Sponsors: Senators Denis, Donate, D. Harris, Neal and Spearman
CHAPTER 507
[Approved: June 8, 2021]
AN ACT relating to education; establishing provisions relating to discrimination based on race; including discrimination based on race in existing law relating to bullying and cyber-bullying; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Office for a Safe and Respectful Learning Environment within the Department of Education. (NRS 388.1323) Existing law prohibits bullying and cyber-bullying on the premises of a school, at an activity sponsored by a school or on any school bus. (NRS 388.135) Existing law establishes various provisions relating to the protocol for addressing incidents of bullying and cyber-bullying. (NRS 388.135-388.137) Under existing law, a principal, administrator or other person in charge of a school must investigate a report of an incident of bullying or cyber-bullying and take various actions to address the incident. (NRS 388.1351) This bill extends those provisions to additionally prohibit and address incidents of discrimination based on race.
Section 4 of this bill defines the term discrimination based on race. Section 20 of this bill prohibits discrimination based on race in addition to bullying or cyber-bullying on the premises of any school, at an activity sponsored by a school or on a school bus. Section 5 of this bill authorizes a pupil or parent or legal guardian of a pupil who witnesses an incident of discrimination based on race to report the incident to an administrator. Section 5 requires a board of trustees of a school district and a governing body of a charter school to categorize an incident of discrimination based on race as a racially motivated or hate incident. Section 21 of this bill adds to the list of information required to be included in a report submitted to the direct supervisor of a principal or the Office the number of reports concerning incidents of discrimination based on race. Section 21 requires the Office, in consultation with the direct supervisor, after reviewing the reports, to make recommendations for intervention or training to address discrimination based on race, bullying or cyber-bullying. Section 6 of this bill requires the board of trustees of a school district or the governing body of a charter school to develop restorative practices for both victims and perpetrators of discrimination based on race.
Existing law requires the State Board of Education to adopt regulations to establishing a statewide performance evaluation system for employees. (NRS 391.465) Section 25 of this bill requires an evaluation to include whether an employee knowingly and willfully violated the provisions of NRS 388.1351.
Existing law requires annual reports of accountability to include information related to bullying and cyber-bullying. (NRS 385A.250, 385A.460) Existing law prohibits a pupil publication from being used to engage in bullying or cyber-bullying. (NRS 388.077) Existing law establishes various provisions related to the provision of a safe and respectful learning environment that is free from bullying and cyber-bullying. (NRS 388.132, 388.1321, 388.1323, 388.1325, 388.1327, 388.133, 388.1341-388.1344, 388.13535, 388.139, 388.1395) Under existing law, a department of juvenile services or court that determines that a child has unlawfully engaged in bullying or cyber-bullying must provide certain information to a court or the school district in which the child is enrolled, as appropriate.
κ2021 Statutes of Nevada, Page 3356 (CHAPTER 507, AB 371)κ
bullying or cyber-bullying must provide certain information to a court or the school district in which the child is enrolled, as appropriate. (NRS 62C.400, 62E.030) Existing also requires the Governor annually to proclaim a Week of Respect that includes providing information relating to bullying and cyber-bullying. (NRS 236.073) Sections 1, 2, 7, 9, 10, 12-19, 22-24 and 26-28 of this bill add discrimination based on race to those provisions.
Sections 8-11 of this bill make conforming changes to indicate the proper placement of sections 4-6 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. NRS 385A.250 is hereby amended to read as follows:
385A.250 1. The annual report of accountability prepared pursuant to NRS 385A.070 must include information on the discipline of pupils, including, without limitation:
(a) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school sponsored by the district.
(b) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school sponsored by the district.
(c) Records of the suspension or expulsion, or both, of pupils required or authorized pursuant to NRS 392.466 and 392.467.
(d) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.
(e) For each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district [:] , and categorized by types of incidents and the demographics identified in subsection 1 of section 4 of this act:
(1) The number of reported violations of NRS 388.135 occurring at a school or otherwise involving a pupil enrolled at a school, regardless of the outcome of the investigation conducted pursuant to NRS 388.1351;
(2) The number of incidents determined to be discrimination based on race, bullying or cyber-bullying after an investigation is conducted pursuant to NRS 388.1351;
(3) The number of incidents resulting in suspension or expulsion, or both, for discrimination based on race, bullying or cyber-bullying; and
(4) Any actions taken to reduce the number of incidents of discrimination based on race, bullying or cyber-bullying including, without limitation, training that was offered or other policies, practices and programs that were implemented.
(f) For each high school in the district, including, without limitation, each charter school sponsored by the district that operates as a high school, and for high schools in the district as a whole:
(1) The number and percentage of pupils whose violations of the code of honor relating to cheating prescribed pursuant to NRS 392.461 or any other code of honor applicable to pupils enrolled in high school were reported to the principal of the high school, reported by the type of violation;
κ2021 Statutes of Nevada, Page 3357 (CHAPTER 507, AB 371)κ
(2) The consequences, if any, to the pupil whose violation is reported pursuant to subparagraph (1), reported by the type of consequence;
(3) The number of any such violations of a code of honor in a previous school year by a pupil whose violation is reported pursuant to subparagraph (1), reported by the type of violation; and
(4) The process used by the high school to address violations of a code of honor which are reported to the principal.
2. The information included pursuant to subsection 1 must allow such information to be disaggregated by:
(a) Pupils who are economically disadvantaged;
(b) Pupils from major racial and ethnic groups;
(c) Pupils with disabilities;
(d) Pupils who are English learners;
(e) Pupils who are migratory children;
(f) Gender;
(g) Pupils who are homeless;
(h) Pupils in foster care; and
(i) Pupils whose parent or guardian is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard.
3. As used in this section:
(a) Bullying has the meaning ascribed to it in NRS 388.122.
(b) Cyber-bullying has the meaning ascribed to it in NRS 388.123.
(c) Discrimination based on race has the meaning ascribed to it in section 4 of this act.
Sec. 2. NRS 385A.460 is hereby amended to read as follows:
385A.460 1. The annual report of accountability prepared by the State Board pursuant to NRS 385A.400 must include information on the discipline of pupils, including, without limitation:
(a) Incidents involving weapons or violence, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
(b) Incidents involving the use or possession of alcoholic beverages or controlled substances, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
(c) The suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
(d) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.
(e) For each school district, including, without limitation, each charter school in the district, and for this State as a whole [:] , and categorized by types of incidents and the demographics identified in subsection 1 of section 4 of this act:
(1) The number of reported violations of NRS 388.135 occurring at a school or otherwise involving a pupil enrolled at a school, regardless of the outcome of the investigation conducted pursuant to NRS 388.1351;
(2) The number of incidents determined to be discrimination based on race, bullying or cyber-bullying after an investigation is conducted pursuant to NRS 388.1351;
κ2021 Statutes of Nevada, Page 3358 (CHAPTER 507, AB 371)κ
(3) The number of incidents resulting in suspension or expulsion for discrimination based on race, bullying or cyber-bullying; and
(4) Any actions taken to reduce the number of incidents of discrimination based on race, bullying or cyber-bullying, including, without limitation, training that was offered or other policies, practices and programs that were implemented.
(f) For each high school in each school district, including, without limitation, each charter school that operates as a high school, and for the high schools in this State as a whole:
(1) The number and percentage of pupils whose violations of the code of honor relating to cheating prescribed pursuant to NRS 392.461 or any other code of honor applicable to pupils enrolled in high school were reported to the principal of the high school, reported by the type of violation;
(2) The consequences, if any, to the pupil whose violation is reported pursuant to subparagraph (1), reported by the type of consequence;
(3) The number of any such violations of a code of honor in a previous school year by a pupil whose violation is reported pursuant to subparagraph (1), reported by the type of violation; and
(4) The process used by the high school to address violations of a code of honor which are reported to the principal.
2. As used in this section:
(a) Bullying has the meaning ascribed to it in NRS 388.122.
(b) Cyber-bullying has the meaning ascribed to it in NRS 388.123.
(c) Discrimination based on race has the meaning ascribed to it in section 4 of this act.
Sec. 3. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 4, 5 and 6 of this act.
Sec. 4. Discrimination based on race means any single or repeated or pervasive act or acts, whether targeted to a specific person or targeted in general to any demographic identified in subsection 1:
1. Regarding the race, color, culture, religion, language, ethnicity or national origin of a person that causes harm or creates a hostile work or learning environment, which may include, without limitation, jokes, threats, physical altercations or intimidation; and
2. That occurs in person, online or in any other setting including, without limitation, in a course of distance education.
Sec. 5. 1. A pupil or the parent or legal guardian of a pupil who witnesses an incident of discrimination based on race may report the incident to an administrator or his or her designee.
2. A governing body shall categorize an incident of discrimination based on race as a racially motivated or hate incident on the appropriate system to track pupil information used by a school.
Sec. 6. A governing body shall develop restorative practices in accordance with the provisions of NRS 388.133 for both victims and perpetrators of discrimination based on race.
Sec. 7. NRS 388.077 is hereby amended to read as follows:
388.077 1. Each pupil of a public school, including, without limitation, each pupil of a university school for profoundly gifted pupils, is entitled to express himself or herself in a manner consistent with the rights guaranteed by the First and Fourteenth Amendments to the United States Constitution.
κ2021 Statutes of Nevada, Page 3359 (CHAPTER 507, AB 371)κ
2. Any expression described in subsection 1 must not be disruptive of instruction at a public school, including, without limitation, a university school for profoundly gifted pupils, must not be used to engage in discrimination based on race, bullying or cyber-bullying or intimidate any person and must not be organized, broadcast or endorsed by a public school, including, without limitation, a university school for profoundly gifted pupils.
3. The board of trustees of each school district, the governing body of each charter school and the governing body of each university school for profoundly gifted pupils shall adopt a written policy for pupil publications which:
(a) Establishes reasonable provisions governing the time, place and manner for the distribution of pupil publications;
(b) Protects the right of expression described in subsection 1 for pupils working on pupil publications as journalists in their determination of the news, opinions, feature content, advertising content and other content of the pupil publications;
(c) Prohibits, without limitation, the following:
(1) Restricting the publication of any content in pupil publications unless the content would substantially disrupt the ability of the public school to perform its educational mission;
(2) Dismissing, suspending, disciplining or retaliating against an employee or other person acting as an adviser for a pupil publication or as an adviser for pupils working as journalists on a pupil publication for acting within the scope of that position, including, without limitation, taking responsible and appropriate action to protect a pupil engaged in conduct protected pursuant to the written policy or refusing to perform an action which violates the written policy; and
(3) Expelling, suspending or otherwise disciplining a pupil for engaging in conduct in accordance with the policy, unless such conduct substantially disrupts the ability of the public school to perform its educational mission and the disruption was intentional; and
(d) Includes a disclaimer indicating that any content published in a pupil publication is not endorsed by the public school.
4. The board of trustees of each school district, the governing body of each charter school and the governing body of each university school for profoundly gifted pupils shall adopt a policy prescribing procedures for the resolution of a complaint by a pupil of the school district, charter school or university school for profoundly gifted pupils that the rights of the pupil described in subsection 1 or 3 have been violated. The policy required by this subsection may be part of a comprehensive discrimination grievance policy of the school district, charter school or university school for profoundly gifted pupils or may be a separate policy.
5. As used in this section:
(a) Bullying has the meaning ascribed to it in NRS 388.122.
(b) Cyber-bullying has the meaning ascribed to it in NRS 388.123.
(c) Discrimination based on race has the meaning ascribed to it in section 4 of this act.
Sec. 8. NRS 388.121 is hereby amended to read as follows:
388.121 As used in NRS 388.121 to 388.1395, inclusive, and sections 4, 5 and 6 of this act, unless the context otherwise requires, the words and terms defined in NRS 388.1215 to 388.127, inclusive, and section 4 of this act have the meanings ascribed to them in those sections.
κ2021 Statutes of Nevada, Page 3360 (CHAPTER 507, AB 371)κ
terms defined in NRS 388.1215 to 388.127, inclusive, and section 4 of this act have the meanings ascribed to them in those sections.
Sec. 9. NRS 388.132 is hereby amended to read as follows:
388.132 The Legislature declares that:
1. Pupils are the most vital resource to the future of this State;
2. A learning environment that is safe and respectful is essential for the pupils enrolled in the schools in this State and is necessary for those pupils to achieve academic success and meet this States high academic standards;
3. Every classroom, hallway, locker room, cafeteria, restroom, gymnasium, playground, athletic field, school bus, parking lot and other areas on the premises of a school in this State must be maintained as a safe and respectful learning environment, and no form of discrimination based on race, bullying or cyber-bullying will be tolerated within the system of public education in this State;
4. Any form of discrimination based on race, bullying or cyber-bullying seriously interferes with the ability of teachers to teach in the classroom and the ability of pupils to learn;
5. The use of the Internet by pupils in a manner that is ethical, safe and secure is essential to a safe and respectful learning environment and is essential for the successful use of technology;
6. It will ensure that:
(a) The schools in this State provide a safe and respectful learning environment in which persons of differing beliefs, races, colors, national origins, ancestries, religions, gender identities or expressions, sexual orientations, physical or mental disabilities, sexes or any other distinguishing characteristics or backgrounds can realize their full academic and personal potential;
(b) All administrators, teachers and other personnel of the school districts and schools in this State demonstrate appropriate and professional behavior on the premises of any school by treating other persons, including, without limitation, pupils, with civility and respect, by refusing to tolerate discrimination based on race, bullying and cyber-bullying, and by taking immediate action to protect a victim or target of discrimination based on race, bullying or cyber-bullying when witnessing, overhearing or being notified that discrimination based on race, bullying or cyber-bullying is occurring or has occurred;
(c) The quality of instruction is not negatively impacted by poor attitudes or interactions among administrators, teachers, coaches or other personnel of a school district or school;
(d) All persons in a school are entitled to maintain their own beliefs and to respectfully disagree without resorting to discrimination based on race, bullying, cyber-bullying or violence; and
(e) Any teacher, administrator, coach or other staff member or pupil who tolerates or engages in an act of discrimination based on race, bullying or cyber-bullying or violates a provision of NRS 388.121 to 388.1395, inclusive, and sections 4, 5 and 6 of this act regarding a response to discrimination based on race, bullying or cyber-bullying against a pupil will be held accountable; and
7. By declaring this mandate that the schools in this State provide a safe and respectful learning environment, the Legislature is not advocating or requiring the acceptance of differing beliefs in a manner that would inhibit the freedom of expression, but is requiring that pupils be free from physical, emotional or mental abuse while at school and that pupils be provided with an environment that allows them to learn.
κ2021 Statutes of Nevada, Page 3361 (CHAPTER 507, AB 371)κ
emotional or mental abuse while at school and that pupils be provided with an environment that allows them to learn.
Sec. 10. NRS 388.1321 is hereby amended to read as follows:
388.1321 1. The Legislature hereby declares that the members of a governing body and all administrators and teachers have a duty to create and provide a safe and respectful learning environment for all pupils that is free of discrimination based on race, bullying and cyber-bullying.
2. A parent or guardian of a pupil may petition a court of competent jurisdiction for a writ of mandamus to compel the performance of any duty imposed by the provisions of NRS 388.121 to 388.1395, inclusive [.] , and sections 4, 5 and 6 of this act.
3. Nothing in this section shall be deemed to preclude a parent or guardian of a pupil from seeking any remedy available at law or in equity.
Sec. 11. NRS 388.1322 is hereby amended to read as follows:
388.1322 A private school, as defined in NRS 394.103, and the governing body and administrator of the private school are authorized to comply with NRS 388.121 to 388.1395, inclusive, and sections 4, 5 and 6 of this act wholly or in part. Any such compliance is wholly voluntary, and no liability attaches to any failure to comply on the part of the private school, governing body or administrator.
Sec. 12. NRS 388.1323 is hereby amended to read as follows:
388.1323 1. The Office for a Safe and Respectful Learning Environment is hereby created within the Department.
2. The Superintendent of Public Instruction shall appoint a Director of the Office, who shall serve at the pleasure of the Superintendent.
3. The Director of the Office shall ensure that the Office:
(a) Maintains a 24-hour, toll-free statewide hotline and Internet website by which any person can report a violation of the provisions of NRS 388.121 to 388.1395, inclusive, and sections 4, 5 and 6 of this act and obtain information about antidiscrimination and anti-bullying efforts and organizations; and
(b) Provides outreach and antidiscrimination and anti-bullying education and training for pupils, parents and guardians, teachers, administrators, coaches and other staff members and the members of a governing body. The outreach and training must include, without limitation:
(1) Training regarding methods, procedures and practice for recognizing discrimination based on race, bullying and cyber-bullying behaviors;
(2) Training regarding effective intervention and remediation strategies regarding discrimination based on race, bullying and cyber-bullying;
(3) Training regarding methods for reporting violations of NRS 388.135; and
(4) Information on and referral to available resources regarding suicide prevention and the relationship between discrimination based on race, bullying or cyber-bullying and suicide, including, without limitation, resources for pupils who are members of groups at a high risk of suicide. Such groups include, without limitation, the groups described in subsection 3 of NRS 388.256.
4. The Director of the Office shall establish procedures by which the Office may receive reports of discrimination based on race, bullying and cyber-bullying and complaints regarding violations of the provisions of NRS 388.121 to 388.1395, inclusive [.]
κ2021 Statutes of Nevada, Page 3362 (CHAPTER 507, AB 371)κ
cyber-bullying and complaints regarding violations of the provisions of NRS 388.121 to 388.1395, inclusive [.] , and sections 4, 5 and 6 of this act.
5. The Director of the Office or his or her designee shall investigate any complaint that a teacher, administrator, coach or other staff member or member of a governing body has violated a provision of NRS 388.121 to 388.1395, inclusive [.] , and sections 4, 5 and 6 of this act. If a complaint alleges criminal conduct or an investigation leads the Director of the Office or his or her designee to suspect criminal conduct, the Director of the Office may request assistance from the Investigation Division of the Department of Public Safety.
Sec. 13. NRS 388.1325 is hereby amended to read as follows:
388.1325 1. The Discrimination and Bullying Prevention Account is hereby created in the State General Fund, to be administered by the Director of the Office for a Safe and Respectful Learning Environment appointed pursuant to NRS 388.1323. The Director of the Office may accept gifts and grants from any source for deposit into the Account. The interest and income earned on the money in the Account must be credited to the Account.
2. In accordance with the regulations adopted by the State Board pursuant to NRS 388.1327, a school district that applies for and receives a grant of money from the Discrimination and Bullying Prevention Account shall use the money for one or more of the following purposes:
(a) The establishment of programs to create a school environment that is free from discrimination based on race, bullying and cyber-bullying;
(b) The provision of training on the policies adopted by the school district pursuant to NRS 388.134 and the provisions of NRS 388.121 to 388.1395, inclusive [;] , and sections 4, 5 and 6 of this act; or
(c) The development and implementation of procedures by which the public schools of the school district and the pupils enrolled in those schools can discuss the policies adopted pursuant to NRS 388.134 and the provisions of NRS 388.121 to 388.1395, inclusive [.] , and sections 4, 5 and 6 of this act.
Sec. 14. NRS 388.1327 is hereby amended to read as follows:
388.1327 The State Board shall adopt regulations:
1. Establishing the process whereby school districts may apply to the Department for a grant of money from the Discrimination and Bullying Prevention Account pursuant to NRS 388.1325.
2. As are necessary to carry out the provisions of NRS 388.121 to 388.1395, inclusive [.] , and sections 4, 5 and 6 of this act.
Sec. 15. NRS 388.133 is hereby amended to read as follows:
388.133 1. The Department shall, in consultation with the governing bodies, educational personnel, local associations and organizations of parents whose children are enrolled in schools throughout this State, and individual parents and legal guardians whose children are enrolled in schools throughout this State, prescribe by regulation a policy for all school districts and schools to provide a safe and respectful learning environment that is free of discrimination based on race, bullying and cyber-bullying.
2. The policy must include, without limitation:
(a) Requirements and methods for reporting violations of NRS 388.135, including, without limitation, violations among teachers and violations between teachers and administrators, coaches and other personnel of a school district or school;
κ2021 Statutes of Nevada, Page 3363 (CHAPTER 507, AB 371)κ
(b) Requirements and methods for addressing the rights and needs of persons with diverse gender identities or expressions;
(c) Requirements and methods for restorative disciplinary practices; and
(d) A policy for use by school districts and schools to train members of the governing body and all administrators, teachers and all other personnel employed by the governing body. The policy must include, without limitation:
(1) Training in the appropriate methods to facilitate positive human relations among pupils by eliminating the use of discrimination based on race, bullying and cyber-bullying so that pupils may realize their full academic and personal potential;
(2) Training in methods to prevent, identify and report incidents of discrimination based on race, bullying and cyber-bullying;
(3) Training concerning the needs of persons with diverse gender identities or expressions;
(4) Training concerning the needs of pupils with disabilities and pupils with autism spectrum disorder;
(5) Methods to promote a positive learning environment;
(6) Methods to improve the school environment in a manner that will facilitate positive human relations among pupils; and
(7) Methods to teach skills to pupils so that the pupils are able to replace inappropriate behavior with positive behavior.
Sec. 16. NRS 388.1341 is hereby amended to read as follows:
388.1341 1. The Department, in consultation with persons who possess knowledge and expertise in discrimination based on race, bullying and cyber-bullying, shall, to the extent money is available, develop an informational pamphlet to assist pupils and the parents or legal guardians of pupils enrolled in schools in this State in resolving incidents of discrimination based on race, bullying or cyber-bullying. If developed, the pamphlet must include, without limitation:
(a) A summary of the policy prescribed by the Department pursuant to NRS 388.133 and the provisions of NRS 388.121 to 388.1395, inclusive [;] , and sections 4, 5 and 6 of this act;
(b) A description of practices which have proven effective in preventing and resolving violations of NRS 388.135 in schools, which must include, without limitation, methods to identify and assist pupils who are at risk for discrimination based on race, bullying and cyber-bullying; and
(c) An explanation that the parent or legal guardian of a pupil who is involved in a reported violation of NRS 388.135 may request an appeal of a disciplinary decision made against the pupil as a result of the violation, in accordance with the policy governing disciplinary action adopted by a governing body.
2. If the Department develops a pamphlet pursuant to subsection 1, the Department shall review the pamphlet on an annual basis and make such revisions to the pamphlet as the Department determines are necessary to ensure the pamphlet contains current information.
3. If the Department develops a pamphlet pursuant to subsection 1, the Department shall post a copy of the pamphlet on the Internet website maintained by the Department.
4. To the extent the money is available, the Department shall develop a tutorial which must be made available on the Internet website maintained by the Department that includes, without limitation, the information contained in the pamphlet developed pursuant to subsection 1, if such a pamphlet is developed by the Department.
κ2021 Statutes of Nevada, Page 3364 (CHAPTER 507, AB 371)κ
the Department that includes, without limitation, the information contained in the pamphlet developed pursuant to subsection 1, if such a pamphlet is developed by the Department.
Sec. 17. NRS 388.1342 is hereby amended to read as follows:
388.1342 1. The Department, in consultation with persons who possess knowledge and expertise in discrimination based on race, bullying and cyber-bullying, shall establish a program of training:
(a) On methods to prevent, identify and report incidents of discrimination based on race, bullying and cyber-bullying for members of the State Board.
(b) On methods to prevent, identify and report incidents of discrimination based on race, bullying and cyber-bullying for the members of a governing body.
(c) For school district and school personnel to assist those persons with carrying out their powers and duties pursuant to NRS 388.121 to 388.1395, inclusive [.] , and sections 4, 5 and 6 of this act.
(d) For school district and school personnel in the prevention of violence and suicide, including, without limitation, violence and suicide associated with discrimination based on race, bullying and cyber-bullying, and appropriate methods to respond to incidents of violence or suicide. Such training must include, without limitation, instruction concerning the identification of:
(1) Appropriate mental health services at the school and in the community in which the school is located and how and when to refer pupils and their families for such services; and
(2) Other persons and organizations in the community in which the school is located, including, without limitation, religious and other nonprofit organizations, that may be able to assist with the response to a suicide.
(e) For school district and school personnel concerning the needs of persons with diverse gender identities or expressions.
(f) For school district and school personnel concerning the needs of pupils with disabilities and pupils with autism spectrum disorder.
2. Each member of the State Board shall, within 1 year after the member is elected or appointed to the State Board, complete the program of training on discrimination based on race, bullying and cyber-bullying established pursuant to paragraph (a) of subsection 1 and undergo the training at least one additional time while the person is a member of the State Board.
3. Except as otherwise provided in NRS 388.134, each member of a governing body shall, within 1 year after the member begins his or her service on the governing body, complete the program of training on discrimination based on race, bullying and cyber-bullying established pursuant to paragraph (b) of subsection 1 and undergo the training at least one additional time while the person is a member of the governing body.
4. Each administrator of a school shall complete the program of training established pursuant to paragraphs (d), (e) and (f) of subsection 1:
(a) Within 90 days after becoming an administrator;
(b) Except as otherwise provided in paragraph (c), at least once every 3 years thereafter; and
(c) At least once during any school year within which the program of training is revised or updated.
κ2021 Statutes of Nevada, Page 3365 (CHAPTER 507, AB 371)κ
5. Each program of training established pursuant to subsection 1 must, to the extent money is available, be made available on the Internet website maintained by the Department or through another provider on the Internet.
6. The governing body may allow school personnel to attend the program established pursuant to paragraph (c), (d), (e) or (f) of subsection 1 during regular school hours.
7. The Department shall review each program of training established pursuant to subsection 1 on an annual basis to ensure that the program contains current information.
Sec. 18. NRS 388.1343 is hereby amended to read as follows:
388.1343 The administrator of each school or his or her designee shall:
1. Establish a school safety team to develop, foster and maintain a school environment which is free from discrimination based on race, bullying and cyber-bullying;
2. Conduct investigations of violations of NRS 388.135 occurring at the school; and
3. Collaborate with the governing body and the school safety team to prevent, identify and address reported violations of NRS 388.135 at the school.
Sec. 19. NRS 388.1344 is hereby amended to read as follows:
388.1344 1. Each school safety team established pursuant to NRS 388.1343 must consist of the administrator of the school or his or her designee and the following persons appointed by the administrator:
(a) A school counselor, school psychologist or social worker if the school employs a person in such a position full-time;
(b) At least one teacher who teaches at the school;
(c) At least one parent or legal guardian of a pupil enrolled in the school;
(d) A school police officer or school resource officer if the school employs a person in such a position full-time;
(e) For a middle school, junior high school or high school, one pupil enrolled in the school; and
(f) Any other persons appointed by the administrator.
2. The administrator of the school or his or her designee shall serve as the chair of the school safety team.
3. The school safety team shall:
(a) Meet at least two times each year;
(b) Identify and address patterns of discrimination based on race, bullying or cyber-bullying;
(c) Review and strengthen school policies to prevent and address discrimination based on race, bullying or cyber-bullying;
(d) Provide information to school personnel, pupils enrolled in the school and parents and legal guardians of pupils enrolled in the school on methods to address bullying and cyber-bullying; [and]
(e) To the extent practicable, work with members of the community with expertise in cultural competency; and
(f) To the extent money is available, participate in any training conducted by the school district or school regarding bullying and cyber-bullying.
4. To the extent practicable, the school safety team must consist of members who are representative of the demographic groups identified in subsection 1 of section 4 of this act.
κ2021 Statutes of Nevada, Page 3366 (CHAPTER 507, AB 371)κ
Sec. 20. NRS 388.135 is hereby amended to read as follows:
388.135 A member of a governing body, any employee of a governing body, including, without limitation, an administrator, teacher or other staff member, a member of a club or organization which uses the facilities of any school, regardless of whether the club or organization has any connection to the school, or any pupil shall not engage in discrimination based on race, bullying or cyber-bullying on the premises of any school, at an activity sponsored by a school or on any school bus.
Sec. 21. NRS 388.1351 is hereby amended to read as follows:
388.1351 1. Except as otherwise provided in NRS 388.13535, a teacher, administrator, coach or other staff member who witnesses a violation of NRS 388.135 or receives information that a violation of NRS 388.135 has occurred shall report the violation to the administrator or his or her designee as soon as practicable, but not later than a time during the same day on which the teacher, administrator, coach or other staff member witnessed the violation or received information regarding the occurrence of a violation.
2. Except as otherwise provided in this subsection, upon receiving a report required by subsection 1, the administrator or designee shall immediately take any necessary action to stop the discrimination based on race, bullying or cyber-bullying and ensure the safety and well-being of the reported victim or victims of the discrimination based on race, bullying or cyber-bullying and shall begin an investigation into the report. If the administrator or designee does not have access to the reported victim of the alleged violation of NRS 388.135, the administrator or designee may wait until the next school day when he or she has such access to take the action required by this subsection.
3. The investigation conducted pursuant to subsection 2 must include, without limitation:
(a) Except as otherwise provided in subsection 4, notification provided by telephone, electronic mail or other electronic means or provided in person, of the parents or guardians of all pupils directly involved in the reported discrimination based on race, bullying or cyber-bullying, as applicable, either as a reported aggressor or a reported victim of the discrimination based on race, bullying or cyber-bullying. The notification must be provided:
(1) If the discrimination based on race, bullying or cyber-bullying is reported before the end of school hours on a school day, before the schools administrative office closes on the day on which the discrimination based on race, bullying or cyber-bullying is reported; or
(2) If the discrimination based on race, bullying or cyber-bullying was reported on a day that is not a school day, or after school hours on a school day, before the schools administrative office closes on the school day following the day on which the discrimination based on race, bullying or cyber-bullying is reported.
(b) Interviews with all pupils whose parents or guardians must be notified pursuant to paragraph (a) and with all such parents and guardians.
4. If the contact information for the parent or guardian of a pupil in the records of the school is not correct, a good faith effort to notify the parent or guardian shall be deemed sufficient to meet the requirement for notification pursuant to paragraph (a) of subsection 3.
κ2021 Statutes of Nevada, Page 3367 (CHAPTER 507, AB 371)κ
5. Except as otherwise provided in this subsection, an investigation required by this section must be completed not later than 2 school days after the administrator or designee receives a report required by subsection 1. If extenuating circumstances prevent the administrator or designee from completing the investigation required by this section within 2 school days after making a good faith effort, 1 additional school day may be used to complete the investigation. The time for completing an investigation into a report of cyber-bullying may also be extended to not more than 5 school days after the report is received with the consent of each reported victim of the cyber-bullying or, if a reported victim is under 18 years of age and is not emancipated, the parent or guardian of the reported victim.
6. An administrator or designee who conducts an investigation required by this section shall complete a written report of the findings and conclusions of the investigation. If a violation is found to have occurred:
(a) The report must include recommendations concerning the imposition of disciplinary action or other measures to be imposed as a result of the violation, in accordance with the policy governing disciplinary action adopted by the governing body. Subject to the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, the report must be made available, not later than 24 hours after the completion of the written report, to all parents or guardians who must be notified pursuant to paragraph (a) of subsection 3 as part of the investigation; and
(b) Any action taken after the completion of the investigation to address the discrimination based on race, bullying or cyber-bullying must be based on restorative disciplinary practices and carried out in a manner that causes the least possible disruption for the victim or victims. When necessary, the administrator or his or her designee shall give priority to ensuring the safety and well-being of the victim or victims over any interest of the perpetrator or perpetrators when determining the actions to take.
7. If a violation is found not to have occurred, information concerning the incident must not be included in the record of the reported aggressor.
8. Not later than 10 school days after receiving a report required by subsection 1, the administrator or designee shall meet with each reported victim of the discrimination based on race, bullying or cyber-bullying to inquire about the well-being of the reported victim and to ensure that the reported discrimination based on race, bullying or cyber-bullying, as applicable, is not continuing.
9. To the extent that information is available, the administrator or his or her designee shall provide a list of any resources that may be available in the community to assist a pupil to each parent or guardian of a pupil to whom notice was provided pursuant to this section as soon as practicable. Such a list may include, without limitation, resources available at no charge or at a reduced cost and may be provided in person or by electronic or regular mail. If such a list is provided, the administrator, his or her designee, or any employee of the school or the school district is not responsible for providing such resources to the pupil or ensuring the pupil receives such resources.
10. The parent or guardian of a pupil involved in the reported violation of NRS 388.135 may appeal a disciplinary decision of the administrator or his or her designee, made against the pupil as a result of the violation, in accordance with the policy governing disciplinary action adopted by the governing body. Not later than 30 days after receiving a response provided in accordance with such a policy, the parent or guardian may submit a complaint to the Department.
κ2021 Statutes of Nevada, Page 3368 (CHAPTER 507, AB 371)κ
accordance with such a policy, the parent or guardian may submit a complaint to the Department. The Department shall consider and respond to the complaint pursuant to procedures and standards prescribed in regulations adopted by the Department.
11. If a violation of NRS 388.135 is found to have occurred, the parent or guardian of a pupil who is a victim of discrimination based on race, bullying or cyber-bullying may request that the board of trustees of the school district in which the pupil is enrolled to assign the pupil to a different school in the school district. Upon receiving such a request, the board of trustees shall, in consultation with the parent or guardian of the pupil, assign the pupil to a different school.
12. A principal or his or her designee shall submit a monthly report to the direct supervisor of the principal that includes for the school the number of:
(a) Reports received pursuant to subsection 1 [;] concerning incidents of bullying or cyber-bullying;
(b) Reports received pursuant to subsection 1 concerning incidents of discrimination based on race;
(c) Times in which a violation of NRS 388.135 is found to have occurred; and
[(c)] (d) Times in which no violation of NRS 388.135 is found to have occurred.
13. A direct supervisor who receives a monthly report pursuant to subsection 12 shall, each calendar quarter, submit a report to the Office for a Safe and Respectful Learning Environment that includes, for the schools for which the direct supervisor has received a monthly report in the calendar quarter [,] and categorized by types of incidents and the demographics identified in subsection 1 of section 4 of this act, the:
(a) Total number of reports received pursuant to subsection 1 [;] concerning bullying or cyber-bullying;
(b) Total number of reports received pursuant to subsection 1 concerning incidents of discrimination based on race;
(c) Number of times in which a violation of NRS 388.135 is found to have occurred; and
[(c)] (d) Number of times in which no violation of NRS 388.135 is found to have occurred.
14. The Office for a Safe and Respectful Learning Environment, in consultation with the direct supervisor of a principal, shall, after reviewing a report submitted pursuant to subsection 12 or 13, as applicable, make any recommendations based on identified trends and patterns the Office determines to be appropriate regarding interventions or training to address discrimination based on race, bullying and cyber-bullying at the school.
15. School hours and school days are determined for the purposes of this section by the schedule established by the governing body for the school.
[15.] 16. The provisions of this section must not be construed to place any limit on the time within which an investigation concerning any alleged act that constitutes sexual assault must be completed.
Sec. 22. NRS 388.13535 is hereby amended to read as follows:
388.13535 1. If a law enforcement agency is investigating a potential crime involving an alleged violation of NRS 388.135, the administrator or his or her designee may, after providing the notification required by paragraph (a) of subsection 3 of NRS 388.1351, defer the investigation required by that section until the completion of the criminal investigation by the law enforcement agency.
κ2021 Statutes of Nevada, Page 3369 (CHAPTER 507, AB 371)κ
required by that section until the completion of the criminal investigation by the law enforcement agency. If the administrator or his or her designee defers an investigation pursuant to this subsection, the administrator or designee shall:
(a) Immediately develop and carry out a plan to protect the safety of each pupil directly involved in the alleged violation of NRS 388.135; and
(b) To the extent that the law enforcement agency has provided the administrator or designee with information about the projected date for completion of its investigation, provide the parents or guardians of each pupil directly involved in the alleged violation of NRS 388.135 with that information.
2. Except as otherwise provided in this section, the deferral authorized by subsection 1 does not affect the obligations of the administrator or designee pursuant to NRS 388.121 to 388.1395, inclusive [.] , and sections 4, 5 and 6 of this act.
3. Any plan developed pursuant to subsection 1 must be carried out in a manner that causes the least possible disruption for the reported victim or victims of discrimination based on race, bullying or cyber-bullying. When necessary, the administrator or his or her designee shall give priority to protecting the reported victim or victims over any interest of the reported perpetrator or perpetrators when determining how to carry out the plan.
4. If the administrator or designee determines that a violation of NRS 388.135 was caused by the disability of the pupil who committed the violation:
(a) The provisions of NRS 388.1351 do not apply to the same or similar behavior if the behavior is addressed in the pupils individualized education program; and
(b) The administrator or designee shall take any measures necessary to protect the safety of the victim of the violation.
5. The provisions of NRS 388.1351 do not apply to a violation of NRS 388.135 committed by:
(a) A pupil who is enrolled in prekindergarten if the behavior is addressed through measures intended to modify the behavior of the pupil.
(b) An employee of a school or school district against another employee of a school or school district.
(c) An adult who is not a pupil or employee of a school or school district against another such adult.
Sec. 23. NRS 388.139 is hereby amended to read as follows:
388.139 Each school district shall include the text of the provisions of NRS 388.121 to 388.1395, inclusive, and sections 4, 5 and 6 of this act and the policies adopted by the board of trustees of the school district pursuant to NRS 388.134 under the heading [Bullying] Discrimination Based on Race, Bullying and Cyber-Bullying Is Prohibited in Public Schools, within each copy of the rules of behavior for pupils that the school district provides to pupils pursuant to NRS 392.463.
Sec. 24. NRS 388.1395 is hereby amended to read as follows:
388.1395 The governing body of each school shall determine the most effective manner for the delivery of information to the pupils of the school during the Week of Respect proclaimed by the Governor each year pursuant to NRS 236.073. The information delivered during the Week of Respect must focus on:
κ2021 Statutes of Nevada, Page 3370 (CHAPTER 507, AB 371)κ
1. Methods to prevent, identify and report incidents of discrimination based on race, bullying and cyber-bullying;
2. Methods to improve the school environment in a manner that will facilitate positive human relations among pupils; and
3. Methods to facilitate positive human relations among pupils by eliminating the use of discrimination based on race, bullying and cyber-bullying.
Sec. 25. NRS 391.465 is hereby amended to read as follows:
391.465 1. The State Board shall, based upon the recommendations of the Teachers and Leaders Council of Nevada submitted pursuant to NRS 391.460, adopt regulations establishing a statewide performance evaluation system which incorporates multiple measures of an employees performance. Except as otherwise provided in subsection 3, the State Board shall prescribe the tools to be used by a school district for obtaining such measures.
2. The statewide performance evaluation system must:
(a) Require that an employees overall performance is determined to be:
(1) Highly effective;
(2) Effective;
(3) Developing; or
(4) Ineffective.
(b) Include the criteria for making each designation identified in paragraph (a), which must include, without limitation, consideration of whether the classes for which the employee is responsible exceed the applicable recommended ratios of pupils per licensed teacher prescribed by the State Board pursuant to NRS 388.890 and, if so, the degree to which the ratios affect:
(1) The ability of the employee to carry out his or her professional responsibilities; and
(2) The instructional practices of the employee.
(c) Except as otherwise provided in subsections 2 and 3 of NRS 391.695 and subsections 2 and 3 of NRS 391.715, require that pupil growth, as determined pursuant to NRS 391.480, account for 15 percent of the evaluation of a teacher or administrator who provides direct instructional services to pupils at a school in a school district.
(d) Include an evaluation of whether the teacher, or administrator who provides primarily administrative services at the school level or administrator at the district level who provides direct supervision of the principal of a school, and who does not provide primarily direct instructional services to pupils, regardless of whether the probationary administrator is licensed as a teacher or administrator, including, without limitation, a principal and vice principal or licensed educational employee, other than a teacher or administrator, employs practices and strategies to involve and engage the parents and families of pupils.
(e) Include a process for peer observations of teachers by qualified educational personnel which is designed to provide assistance to teachers in meeting the standards of effective teaching, and includes, without limitation, conducting observations, participating in conferences before and after observations of the teacher and providing information and resources to the teacher about strategies for effective teaching. The regulations must include the criteria for school districts to determine which educational personnel are qualified to conduct peer observations pursuant to the process.
κ2021 Statutes of Nevada, Page 3371 (CHAPTER 507, AB 371)κ
(f) If an employee knowingly and willfully failed to comply with the provisions of NRS 388.1351, indicate any disciplinary actions taken against the employee pursuant to NRS 388.1354.
3. A school district may apply to the State Board to use a performance evaluation system and tools that are different than the evaluation system and tools prescribed pursuant to subsection 1. The application must be in the form prescribed by the State Board and must include, without limitation, a description of the evaluation system and tools proposed to be used by the school district. The State Board may approve the use of the proposed evaluation system and tools if it determines that the proposed evaluation system and tools apply standards and indicators that are equivalent to those prescribed by the State Board.
4. An administrator at the district level who provides direct supervision of the principal of a school and who also serves as the superintendent of schools of a school district must not be evaluated using the statewide performance evaluation system.
Sec. 26. NRS 62C.400 is hereby amended to read as follows:
62C.400 1. If a department of juvenile services determines that a child who is currently enrolled in school unlawfully engaged in discrimination based on race, bullying or cyber-bullying, the department shall provide the information specified in subsection 2 to the juvenile court in the judicial district in which the child resides and to the school district in which the child is currently enrolled.
2. The information required to be provided pursuant to subsection 1 must include:
(a) The name of the child;
(b) The name of the person who was the subject of the discrimination based on race, bullying or cyber-bullying; and
(c) A description of any discrimination based on race, bullying or cyber-bullying committed by the child against the other person.
3. As used in this section:
(a) Bullying has the meaning ascribed to it in NRS 388.122.
(b) Cyber-bullying has the meaning ascribed to it in NRS 388.123.
(c) Discrimination based on race has the meaning ascribed to it in section 4 of this act.
Sec. 27. NRS 62E.030 is hereby amended to read as follows:
62E.030 1. If a court determines that a child who is currently enrolled in school unlawfully caused or attempted to cause serious bodily injury to another person, the court shall provide the information specified in subsection 2 to the school district in which the child is currently enrolled.
2. The information required to be provided pursuant to subsection 1 must include:
(a) The name of the child;
(b) A description of any injury sustained by the other person;
(c) A description of any weapon used by the child; and
(d) A description of any threats made by the child against the other person before, during or after the incident in which the child injured or attempted to injure the person.
3. If a court determines that a child who is currently enrolled in school unlawfully engaged in discrimination based on race, bullying or cyber-bullying, the court shall provide the information specified in subsection 4 to the school district in which the child is currently enrolled.
κ2021 Statutes of Nevada, Page 3372 (CHAPTER 507, AB 371)κ
4. The information required to be provided pursuant to subsection 3 must include:
(a) The name of the child;
(b) The name of the person who was the subject of the discrimination based on race, bullying or cyber-bullying; and
(c) A description of any discrimination based on race, bullying or cyber-bullying committed by the child against the other person.
5. As used in this section:
(a) Bullying has the meaning ascribed to it in NRS 388.122.
(b) Cyber-bullying has the meaning ascribed to it in NRS 388.123.
(c) Discrimination based on race has the meaning ascribed to it in section 4 of this act.
Sec. 28. NRS 236.073 is hereby amended to read as follows:
236.073 1. The Governor shall annually proclaim the first week in October to be Week of Respect.
2. The proclamation may call upon:
(a) News media, educators and appropriate government offices to bring to the attention of the residents of Nevada factual information regarding discrimination based on race, bullying and cyber-bullying, including, without limitation:
(1) Statistical information regarding the number of pupils who experience discrimination based on race or are bullied or cyber-bullied each year;
(2) The methods to identify and assist pupils who are at risk of discrimination based on race, bullying or cyber-bullying; and
(3) The methods to prevent discrimination based on race, bullying and cyber-bullying; and
(b) Governing bodies to provide instruction on the ways in which pupils can prevent discrimination based on race, bullying and cyber-bullying during the Week of Respect and throughout the school year that is appropriate for the grade level of pupils who receive the instruction.
3. As used in this section:
(a) Bullying has the meaning ascribed to it in NRS 388.122.
(b) Cyber-bullying has the meaning ascribed to it in NRS 388.123.
(c) Discrimination based on race has the meaning ascribed to it in section 4 of this act.
(d) Governing body has the meaning ascribed to it in NRS 388.126.
Sec. 29. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 3373κ
Assembly Bill No. 132Assemblymen Flores, Torres, Gonzαlez; Anderson, Brown-May, Considine, Duran, Martinez, Summers-Armstrong and Thomas
Joint Sponsor: Senator Donate
CHAPTER 508
[Approved: June 8, 2021]
AN ACT relating to juvenile justice; requiring a peace officer or probation officer who takes a child into custody to make certain disclosures to the child before initiating a custodial interrogation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill requires a peace officer or probation officer who takes a child into custody to make certain disclosures to the child concerning his or her constitutional rights relating to custodial interrogations before initiating a custodial interrogation.
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 62C of NRS is hereby amended by adding thereto a new section to read as follows:
1. A peace officer or probation officer who takes a child into custody pursuant to NRS 62C.010 shall, before initiating a custodial interrogation, disclose to the child:
(a) You have the right to remain silent, which means you do not have to say anything to me unless you want to. It is your choice.
(b) If you choose to talk to me, whatever you tell me I can tell a judge in court.
(c) You have the right to have your parent or guardian with you while you talk to me.
(d) You have the right to have a lawyer with you while you talk to me. If your family cannot or will not pay for a lawyer, you will get a free lawyer. That lawyer is your lawyer and can help you if you decide that you want to talk to me.
(e) These are your rights. Do you understand what I have told you?
(f) Do you want to talk to me?
2. As used in this section, custodial interrogation means any interrogation of a person who is required to be advised of his or her rights pursuant to Miranda v. Arizona, 384 U.S. 436 (1966).
Secs. 2-4. (Deleted by amendment.)
Sec. 5. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 3374κ
Assembly Bill No. 7Committee on Judiciary
CHAPTER 509
[Approved: June 8, 2021]
AN ACT relating to business; establishing provisions relating to the approval of games or gambling games; revising the definition of game and gambling game; revising the definition of associated equipment to include inter-casino linked systems; revising, removing and repealing various provisions related to inter-casino linked systems; revising provisions relating to the confidentiality of certain information and data of manufacturers, distributors and operators; requiring certain persons involved in the manufacturing or distribution of associated equipment to register with the Nevada Gaming Control Board; removing certain requirements relating to disclosures of admission charges for live entertainment; repealing provisions relating to business entities who place race book and sports pool wagers; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Nevada Gaming Commission to issue licenses to certain persons for the operation of inter-casino linked systems. (NRS 463.170) Existing law requires an operator of an inter-casino linked system to pay an initial licensing fee of $500 and an annual renewal fee of $500, in addition to the proportionate share of certain other licensing fees. (NRS 463.245, 463.370, 463.3715, 463.375, 463.385, 463.3855) Existing law defines an operator of an inter-casino linked system as a person who under certain agreements places and operates an inter-casino linked system upon the premises of two or more licensed gaming establishments and who is authorized to share in the revenue from the linked games without needing a license to conduct gaming at the establishment. (NRS 463.01805) Moreover, existing law defines an inter-casino linked system as a network of electronically interfaced similar games located at two or more licensed gaming establishments and linked to conduct gaming activities, contests or tournaments. (NRS 463.01643)
Existing law defines associated equipment as any equipment or certain contrivances, components or machines used remotely or directly in connection with gaming, any game, race book or sports pool that would not otherwise be classified as a gaming device. (NRS 463.0136) Existing law defines manufacturer to mean any person who operates, carries on, conducts or maintains any form of manufacture. (NRS 463.0172) Moreover, existing law defines manufacture to include: (1) manufacturing, producing, programming, designing, controlling the design of or making modifications to associated equipment; (2) directing or controlling the methods and processes used to design, develop, program, assemble, produce, fabricate, compose and combine the components and other tangible objects of associated equipment; (3) assembling, or controlling the assembly of associated equipment; or (4) assuming responsibility for any such act. (NRS 463.01715)
Section 2 of this bill revises the definition of associated equipment to include inter-casino linked systems, thereby making inter-casino linked systems subject to the same regulation and control as associated equipment, except that section 9 of this bill retains certain provisions related to the authority of the Commission to adopt certain regulations related to inter-casino linked systems. Sections 1.5, 4, 6-8, 10-13, 15-19, 21 and 23 of this bill remove or repeal all other provisions with individual references to inter-casino linked systems.
κ2021 Statutes of Nevada, Page 3375 (CHAPTER 509, AB 7)κ
Existing law: (1) requires manufacturers and distributors of associated equipment to register with the Nevada Gaming Control Board under certain circumstances; (2) establishes a maximum fee of $1,000 for any application, issuance or renewal of such registration; and (3) authorizes the Board to require any person who is not otherwise required to be licensed as a manufacturer or distributor of associated equipment, and who is directly or indirectly involved in the sale, transfer or offering for use or play in Nevada of associated equipment, to file an application for a finding of suitability. (NRS 463.665) Section 20 of this bill: (1) requires persons who have a significant involvement in the manufacturing or distribution of associated equipment to register with the Board under certain circumstances; (2) removes the limitation on the fee that may be charged for the application or renewal of registration for a manufacturer or distributor of associated equipment; and (3) removes the authorization for a finding of suitability for certain persons involved in the sale, transfer or offering for use or play in Nevada of associated equipment.
Existing law defines the terms game or gambling game to include a game or device approved by the Commission. (NRS 463.0152) Section 1 of this bill sets forth various procedures relating to a recommendation for and approval of a game or gambling game. Specifically, section 1 authorizes the Board to recommend a game or gambling game for the approval of the Commission, and authorizes the game or gambling game to be played immediately upon the issuance of the recommendation by the Board, subject to the final disposition of the Commission. Section 1 requires the Commission to make a final disposition regarding the approval or disapproval of the game or gambling game within 60 days after the issuance of the recommendation by the Board. If the Commission does not make a final disposition within 60 days after the recommendation of the Board is rendered, the game or gambling game is deemed approved for play. Section 1 also requires the Commission to adopt regulations relating to the approval of games or gambling games. Section 3 of this bill makes a conforming change to the definition of game or gambling game relating to the procedures established in section 1. Section 3 also removes certain games from the definition.
Existing law defines the terms associated equipment, game or gambling game and gambling device to include references to electromechanical contrivances, components, machines, devices, displays or units, as applicable. (NRS 463.0136, 463.0152, 463.0155) Sections 2, 3 and 5 of this bill revise these definitions by removing certain electromechanical references.
Existing law provides that information and data obtained by the Board from a manufacturer, distributor or operator relating to the manufacturing of gaming devices is confidential under certain circumstances. (NRS 463.120) Section 8 of this bill expands such confidentiality provisions to include information and data obtained by a manufacturer, distributor or operator relating to any other technology regulated by the Board.
Existing law requires: (1) each ticket for admission to a facility where live entertainment is provided to show the admission charge on its face; or (2) the seller of the admission to prominently display a notice disclosing the admission charge at the box office or other place where the charge is made. (NRS 368A.200) Section 21.5 of this bill removes this requirement.
Existing law authorizes certain business entities to place race book and sports pool wagers under certain circumstances. Existing law also authorizes the Commission to adopt regulations governing the acceptance of such wagers. (NRS 463.800) Section 23 of this bill repeals this provision. Section 14 of this bill makes a conforming change to reflect the repealed section.
κ2021 Statutes of Nevada, Page 3376 (CHAPTER 509, AB 7)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 463 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in this section, a licensee shall not offer a game or gambling game for play unless the game or gambling game has received a recommendation from the Board or an approval of the Commission.
2. The Board may recommend a game or gambling game for the approval of the Commission, and upon the issuance of any such recommendation, a licensee may immediately offer the game or gambling game for play, subject to the final disposition of the Commission pursuant to subsection 3.
3. Not later than 60 days after the issuance of a recommendation of the Board pursuant to subsection 2, the Commission shall render a final disposition relating to the approval or disapproval of the game or gambling game. If the Commission does not render a final disposition within such time, the game or gambling game is deemed to be approved by the Commission.
4. The Commission shall adopt regulations governing the approval of games or gambling games.
Sec. 1.5. NRS 463.0129 is hereby amended to read as follows:
463.0129 1. The Legislature hereby finds, and declares to be the public policy of this state, that:
(a) The gaming industry is vitally important to the economy of the State and the general welfare of the inhabitants.
(b) The continued growth and success of gaming is dependent upon public confidence and trust that licensed gaming and the manufacture, sale and distribution of gaming devices and associated equipment are conducted honestly and competitively, that establishments which hold restricted and nonrestricted licenses where gaming is conducted and where gambling devices are operated do not unduly impact the quality of life enjoyed by residents of the surrounding neighborhoods, that the rights of the creditors of licensees are protected and that gaming is free from criminal and corruptive elements.
(c) Public confidence and trust can only be maintained by strict regulation of all persons, locations, practices, associations and activities related to the operation of licensed gaming establishments [,] and the manufacture, sale or distribution of gaming devices and associated equipment . [and the operation of inter-casino linked systems.]
(d) All establishments where gaming is conducted and where gaming devices are operated, and manufacturers, sellers and distributors of certain gaming devices and equipment [, and operators of inter-casino linked systems] must therefore be licensed, controlled and assisted to protect the public health, safety, morals, good order and general welfare of the inhabitants of the State, to foster the stability and success of gaming and to preserve the competitive economy and policies of free competition of the State of Nevada.
(e) To ensure that gaming is conducted honestly, competitively and free of criminal and corruptive elements, all gaming establishments in this state must remain open to the general public and the access of the general public to gaming activities must not be restricted in any manner except as provided by the Legislature.
κ2021 Statutes of Nevada, Page 3377 (CHAPTER 509, AB 7)κ
must remain open to the general public and the access of the general public to gaming activities must not be restricted in any manner except as provided by the Legislature.
2. No applicant for a license or other affirmative Commission or Board approval has any right to a license or the granting of the approval sought. Any license issued or other Commission or Board approval granted pursuant to the provisions of this chapter or chapter 464 of NRS is a revocable privilege, and no holder acquires any vested right therein or thereunder.
3. This section does not:
(a) Abrogate or abridge any common-law right of a gaming establishment to exclude any person from gaming activities or eject any person from the premises of the establishment for any reason; or
(b) Prohibit a licensee from establishing minimum wagers for any gambling game or slot machine.
Sec. 2. NRS 463.0136 is hereby amended to read as follows:
463.0136 Associated equipment means any equipment or mechanical [, electromechanical] or electronic contrivance, component or machine used remotely or directly in connection with gaming, any game, race book or sports pool that would not otherwise be classified as a gaming device, including dice, playing cards, links which connect to progressive slot machines, inter-casino linked systems, equipment which affects the proper reporting of gross revenue, computerized systems of betting at a race book or sports pool, computerized systems for monitoring slot machines and devices for weighing or counting money.
Sec. 3. NRS 463.0152 is hereby amended to read as follows:
463.0152 1. Game or gambling game means any game played with cards, dice, equipment or any mechanical [, electromechanical] or electronic device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fan-tan, twenty-one, blackjack, seven-and-a-half, [big injun,] klondike, craps, poker, chuck-a-luck, [Chinese chuck-a-luck (dai shu),] wheel of fortune, chemin de fer, baccarat, pai gow, beat the banker, panguingui, slot machine, any banking or percentage game or any other game or device approved by the Commission, [but] upon the recommendation of the Board, pursuant to section 1 of this act.
2. The term does not include games [played] :
(a) Played with cards in private homes or residences in which no person makes money for operating the game, except as a player ; [,] or [games operated]
(b) Operated by qualified organizations that are registered by the Chair pursuant to the provisions of chapter 462 of NRS.
Sec. 4. NRS 463.0153 is hereby amended to read as follows:
463.0153 Gaming or gambling means to deal, operate, carry on, conduct, maintain or expose for play any game as defined in NRS 463.0152 . [, or to operate an inter-casino linked system.]
Sec. 5. NRS 463.0155 is hereby amended to read as follows:
463.0155 Gaming device means any object used remotely or directly in connection with gaming or any game which affects the result of a wager by determining win or loss and which does not otherwise constitute associated equipment. The term includes, without limitation:
1. A slot machine.
2. Mobile gaming.
3. A collection of two or more of the following components:
κ2021 Statutes of Nevada, Page 3378 (CHAPTER 509, AB 7)κ
(a) An assembled electronic circuit which cannot be reasonably demonstrated to have any use other than in a slot machine;
(b) A cabinet with electrical wiring and provisions for mounting a coin, token or currency acceptor and provisions for mounting a dispenser of coins, tokens or anything of value;
(c) An assembled mechanical or electromechanical display unit intended for use in gambling; or
(d) An assembled mechanical [or electromechanical] unit which cannot be demonstrated to have any use other than in a slot machine.
4. Any object which may be connected to or used with a slot machine to alter the normal criteria of random selection or affect the outcome of a game.
5. A system for the accounting or management of any game in which the result of the wager is determined electronically by using any combination of hardware or software for computers.
6. A control program.
7. Any combination of one of the components set forth in paragraphs (a) to (d), inclusive, of subsection 3 and any other component which the Commission determines by regulation to be a machine used directly or remotely in connection with gaming or any game which affects the results of a wager by determining a win or loss.
8. Any object that has been determined to be a gaming device pursuant to regulations adopted by the Commission.
9. As used in this section:
(a) Control program means any software, source language or executable code which affects the result of a wager by determining win or loss as determined pursuant to regulations adopted by the Commission.
(b) Mobile gaming means the conduct of gambling games through communications devices operated solely in an establishment which holds a nonrestricted gaming license and which operates at least 100 slot machines and at least one other game by the use of communications technology that allows a person to transmit information to a computer to assist in the placing of a bet or wager and corresponding information related to the display of the game, game outcomes or other similar information. For the purposes of this paragraph, communications technology means any method used and the components employed by an establishment to facilitate the transmission of information, including, without limitation, transmission and reception by systems based on wireless network, wireless fidelity, wire, cable, radio, microwave, light, optics or computer data networks. The term does not include the Internet.
Sec. 6. NRS 463.0157 is hereby amended to read as follows:
463.0157 1. Gaming employee means any person connected directly with an operator of a slot route, the operator of a pari-mutuel system [, the operator of an inter-casino linked system] or a manufacturer, distributor or disseminator, or with the operation of a gaming establishment licensed to conduct any game, 16 or more slot machines, a race book, sports pool or pari-mutuel wagering, including:
(a) Accounting or internal auditing personnel who are directly involved in any recordkeeping or the examination of records associated with revenue from gaming;
(b) Boxpersons;
(c) Cashiers;
(d) Change personnel;
κ2021 Statutes of Nevada, Page 3379 (CHAPTER 509, AB 7)κ
(e) Counting room personnel;
(f) Dealers;
(g) Employees of a person required by NRS 464.010 to be licensed to operate an off-track pari-mutuel system;
(h) Employees of a person required by NRS 463.430 to be licensed to disseminate information concerning racing and employees of an affiliate of such a person involved in assisting the person in carrying out the duties of the person in this State;
(i) Employees whose duties are directly involved with the manufacture, repair, sale or distribution of gaming devices, associated equipment when the employer is required by NRS 463.650 to be licensed, cashless wagering systems or interactive gaming systems;
(j) Employees of operators of slot routes who have keys for slot machines or who accept and transport revenue from the slot drop;
(k) Employees of operators of [inter-casino linked systems or] interactive gaming systems whose duties include the operational or supervisory control of the systems or the games that are part of the systems;
(l) Employees of operators of call centers who perform, or who supervise the performance of, the function of receiving and transmitting wagering instructions;
(m) Employees who have access to the Boards system of records for the purpose of processing the registrations of gaming employees that a licensee is required to perform pursuant to the provisions of this chapter and any regulations adopted pursuant thereto;
(n) Floorpersons;
(o) Hosts or other persons empowered to extend credit or complimentary services;
(p) Keno runners;
(q) Keno writers;
(r) Machine mechanics;
(s) Odds makers and line setters;
(t) Security personnel;
(u) Shift or pit bosses;
(v) Shills;
(w) Supervisors or managers;
(x) Ticket writers;
(y) Employees of a person required by NRS 463.160 to be licensed to operate an information service;
(z) Employees of a licensee who have local access and provide management, support, security or disaster recovery services for any hardware or software that is regulated pursuant to the provisions of this chapter and any regulations adopted pursuant thereto; and
(aa) Temporary or contract employees hired by a licensee to perform a function related to gaming.
2. Gaming employee does not include barbacks or bartenders whose duties do not involve gaming activities, cocktail servers or other persons engaged exclusively in preparing or serving food or beverages.
3. As used in this section, local access means access to hardware or software from within a licensed gaming establishment, hosting center or elsewhere within this State.
κ2021 Statutes of Nevada, Page 3380 (CHAPTER 509, AB 7)κ
Sec. 7. NRS 463.0177 is hereby amended to read as follows:
463.0177 Nonrestricted license or nonrestricted operation means:
1. A state gaming license for, or an operation consisting of, 16 or more slot machines;
2. A license for, or operation of, any number of slot machines together with any other game, gaming device, race book or sports pool at one establishment; or
3. A license for, or the operation of, a slot machine route . [; or
4. A license for, or the operation of, an inter-casino linked system.]
Sec. 8. NRS 463.120 is hereby amended to read as follows:
463.120 1. The Board and the Commission shall cause to be made and kept a record of all proceedings at regular and special meetings of the Board and the Commission. These records are open to public inspection.
2. The Board shall maintain a file of all applications for licenses under this chapter and chapter 466 of NRS, together with a record of all action taken with respect to those applications. The file and record are open to public inspection.
3. The Board and the Commission may maintain such other files and records as they may deem desirable.
4. Except as otherwise provided in this section, all information and data:
(a) Required by the Board or Commission to be furnished to it under chapters 462 to 466, inclusive, of NRS or any regulations adopted pursuant thereto or which may be otherwise obtained relative to the finances, earnings or revenue of any applicant or licensee;
(b) Pertaining to an applicants or natural persons criminal record, antecedents and background which have been furnished to or obtained by the Board or Commission from any source;
(c) Provided to the members, agents or employees of the Board or Commission by a governmental agency or an informer or on the assurance that the information will be held in confidence and treated as confidential;
(d) Obtained by the Board from a manufacturer, distributor or operator [, or from an operator of an inter-casino linked system,] relating to [the] :
(1) The manufacturing of gaming devices [or the operation of an inter-casino linked system;] ; and
(2) Any other technology regulated by the Board;
(e) Obtained by the Board from a public accommodation facility pursuant to NRS 447.345; or
(f) Prepared or obtained by an agent or employee of the Board or Commission pursuant to an audit, investigation, determination or hearing,
Κ are confidential and may be revealed in whole or in part only in the course of the necessary administration of this chapter or upon the lawful order of a court of competent jurisdiction. The Board and Commission may reveal such information and data to an authorized agent of any agency of the United States Government, any state or any political subdivision of a state or the government of any foreign country. Notwithstanding any other provision of state law, such information may not be otherwise revealed without specific authorization by the Board or Commission.
5. Notwithstanding any other provision of state law, any and all information and data prepared or obtained by an agent or employee of the Board or Commission relating to an application for a license, a finding of suitability or any approval that is required pursuant to the provisions of chapters 462 to 466, inclusive, of NRS or any regulations adopted pursuant thereto, are confidential and absolutely privileged and may be revealed in whole or in part only in the course of the necessary administration of such provisions and with specific authorization and waiver of the privilege by the Board or Commission.
κ2021 Statutes of Nevada, Page 3381 (CHAPTER 509, AB 7)κ
thereto, are confidential and absolutely privileged and may be revealed in whole or in part only in the course of the necessary administration of such provisions and with specific authorization and waiver of the privilege by the Board or Commission. The Board and Commission may reveal such information and data to an authorized agent of any agency of the United States Government, any state or any political subdivision of a state or the government of any foreign country.
6. Notwithstanding any other provision of state law, if any applicant or licensee provides or communicates any information and data to an agent or employee of the Board or Commission in connection with its regulatory, investigative or enforcement authority:
(a) All such information and data are confidential and privileged and the confidentiality and privilege are not waived if the information and data are shared or have been shared with an authorized agent of any agency of the United States Government, any state or any political subdivision of a state or the government of any foreign country in connection with its regulatory, investigative or enforcement authority, regardless of whether such information and data are shared or have been shared either before or after being provided or communicated to an agent or employee of the Board or Commission; and
(b) The applicant or licensee has a privilege to refuse to disclose, and to prevent any other person or governmental agent, employee or agency from disclosing, the privileged information and data.
7. Before the beginning of each legislative session, the Board shall submit to the Legislative Commission for its review and for the use of the Legislature a report on the gross revenue, net revenue and average depreciation of all licensees, categorized by class of licensee and geographical area and the assessed valuation of the property of all licensees, by category, as listed on the assessment rolls.
8. Notice of the content of any information or data furnished or released pursuant to subsection 4 may be given to any applicant or licensee in a manner prescribed by regulations adopted by the Commission.
9. The files, records and reports of the Board are open at all times to inspection by the Commission and its authorized agents.
10. All files, records, reports and other information pertaining to gaming matters in the possession of the Nevada Tax Commission must be made available to the Board and the Nevada Gaming Commission as is necessary to the administration of this chapter.
11. For the purposes of this section, information and data means all information and data in any form, including, without limitation, any oral, written, audio, visual, digital or electronic form, and the term includes, without limitation, any account, book, correspondence, file, message, paper, record, report or other type of document, including, without limitation, any document containing self-evaluative assessments, self-critical analysis or self-appraisals of an applicants or licensees compliance with statutory or regulatory requirements.
Sec. 9. NRS 463.15993 is hereby amended to read as follows:
463.15993 1. The Commission shall adopt regulations governing the approval and operation of inter-casino linked systems and the [licensing] approval of the operators of such systems.
2. The Commission shall include in the regulations, without limitation:
(a) Standards for the approval and operation of an inter-casino linked system.
κ2021 Statutes of Nevada, Page 3382 (CHAPTER 509, AB 7)κ
(b) Requirements for the:
(1) Operator of an inter-casino linked system to disclose to the Board, the Commission and licensees on a confidential basis the rate of progression of the primary jackpot meter; and
(2) Establishment of a minimum rate of progression of the primary jackpot meter.
(c) Criteria for multiple [licensing] approvals of inter-casino linked systems and the operators of inter-casino linked systems.
(d) Procedures and criteria for the regular auditing of the regulatory compliance of an operator of an inter-casino linked system.
Sec. 10. NRS 463.160 is hereby amended to read as follows:
463.160 1. Except as otherwise provided in subsection [4] 3 and NRS 462.155 and 463.172, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:
(a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any gambling game, gaming device, [inter-casino linked system,] slot machine, race book or sports pool;
(b) To provide or maintain any information service;
(c) To operate a gaming salon;
(d) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running or carrying on any gambling game, slot machine, gaming device, race book or sports pool;
(e) To operate as a cash access and wagering instrument service provider; or
(f) To operate, carry on, conduct, maintain or expose for play in or from the State of Nevada any interactive gaming system,
Κ without having first procured, and thereafter maintaining in effect, all federal, state, county and municipal gaming licenses or registrations as required by statute, regulation or ordinance or by the governing board of any unincorporated town.
2. [The licensure of an operator of an inter-casino linked system is not required if:
(a) A gaming licensee is operating an inter-casino linked system on the premises of an affiliated licensee; or
(b) An operator of a slot machine route is operating an inter-casino linked system consisting of slot machines only.
3.] Except as otherwise provided in subsection [4,] 3, it is unlawful for any person knowingly to permit any gambling game, slot machine, gaming device, [inter-casino linked system,] race book or sports pool to be conducted, operated, dealt or carried on in any house or building or other premises owned by the person, in whole or in part, by a person who is not licensed pursuant to this chapter, or that persons employee.
[4.] 3. The Commission may, by regulation, authorize a person to own or lease gaming devices for the limited purpose of display or use in the persons private residence without procuring a state gaming license.
[5.] 4. For the purposes of this section, the operation of a race book or sports pool includes making the premises available for any of the following purposes:
(a) Allowing patrons to establish an account for wagering with the race book or sports pool;
(b) Accepting wagers from patrons;
(c) Allowing patrons to place wagers;
κ2021 Statutes of Nevada, Page 3383 (CHAPTER 509, AB 7)κ
(d) Paying winning wagers to patrons; or
(e) Allowing patrons to withdraw cash from an account for wagering or to be issued a ticket, receipt, representation of value or other credit representing a withdrawal from an account for wagering that can be redeemed for cash,
Κ whether by a transaction in person at an establishment or through mechanical means, such as a kiosk or similar device, regardless of whether that device would otherwise be considered associated equipment. A separate license must be obtained for each location at which such an operation is conducted.
[6. As used in this section, affiliated licensee has the meaning ascribed to it in NRS 463.430.]
Sec. 11. NRS 463.170 is hereby amended to read as follows:
463.170 1. Any person who the Commission determines is qualified to receive a license, to be found suitable or to receive any approval required under the provisions of this chapter, or to be found suitable regarding the operation of a charitable lottery under the provisions of chapter 462 of NRS, having due consideration for the proper protection of the health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and the declared policy of this State, may be issued a state gaming license, be found suitable or receive any approval required by this chapter, as appropriate. The burden of proving an applicants qualification to receive any license, be found suitable or receive any approval required by this chapter is on the applicant.
2. An application to receive a license or be found suitable must not be granted unless the Commission is satisfied that the applicant is:
(a) A person of good character, honesty and integrity;
(b) A person whose prior activities, criminal record, if any, reputation, habits and associations do not pose a threat to the public interest of this State or to the effective regulation and control of gaming or charitable lotteries, or create or enhance the dangers of unsuitable, unfair or illegal practices, methods and activities in the conduct of gaming or charitable lotteries or in the carrying on of the business and financial arrangements incidental thereto; and
(c) In all other respects qualified to be licensed or found suitable consistently with the declared policy of the State.
3. A license to operate a gaming establishment [or an inter-casino linked system] must not be granted unless the applicant has satisfied the Commission that:
(a) The applicant has adequate business probity, competence and experience, in gaming or generally; and
(b) The proposed financing of the entire operation is:
(1) Adequate for the nature of the proposed operation; and
(2) From a suitable source.
Κ Any lender or other source of money or credit which the Commission finds does not meet the standards set forth in subsection 2 may be deemed unsuitable.
4. An application to receive a license or be found suitable constitutes a request for a determination of the applicants general character, integrity, and ability to participate or engage in, or be associated with gaming or the operation of a charitable lottery, as appropriate. Any written or oral statement made in the course of an official proceeding of the Board or Commission by any member thereof or any witness testifying under oath which is relevant to the purpose of the proceeding is absolutely privileged and does not impose liability for defamation or constitute a ground for recovery in any civil action.
κ2021 Statutes of Nevada, Page 3384 (CHAPTER 509, AB 7)κ
the purpose of the proceeding is absolutely privileged and does not impose liability for defamation or constitute a ground for recovery in any civil action.
5. The Commission may in its discretion grant a license to:
(a) A publicly traded corporation which has complied with the provisions of NRS 463.625 to 463.643, inclusive;
(b) Any other corporation which has complied with the provisions of NRS 463.490 to 463.530, inclusive;
(c) A limited partnership which has complied with the provisions of NRS 463.564 to 463.571, inclusive; and
(d) A limited-liability company which has complied with the provisions of NRS 463.5731 to 463.5737, inclusive.
6. No limited partnership, except one whose sole limited partner is a publicly traded corporation which has registered with the Commission, or a limited-liability company, or business trust or organization or other association of a quasi-corporate character is eligible to receive or hold any license under this chapter unless all persons having any direct or indirect interest therein of any nature whatever, whether financial, administrative, policymaking or supervisory, are individually qualified to be licensed under the provisions of this chapter.
7. The Commission may, by regulation:
(a) Limit the number of persons who may be financially interested and the nature of their interest in any corporation, other than a publicly traded corporation, limited partnership, limited-liability company or other organization or association licensed under this chapter; and
(b) Establish such other qualifications for licenses as it may, in its discretion, deem to be in the public interest and consistent with the declared policy of the State.
8. Any person granted a license or found suitable by the Commission shall continue to meet the applicable standards and qualifications set forth in this section and any other qualifications established by the Commission by regulation. The failure to continue to meet such standards and qualifications constitutes grounds for disciplinary action.
Sec. 12. NRS 463.245 is hereby amended to read as follows:
463.245 1. Except as otherwise provided in this section:
(a) All licenses issued to the same person, including a wholly owned subsidiary of that person, for the operation of any game, including a sports pool or race book, which authorize gaming at the same establishment must be merged into a single gaming license.
(b) A gaming license may not be issued to any person if the issuance would result in more than one licensed operation at a single establishment, whether or not the profits or revenue from gaming are shared between the licensed operations.
2. A person who has been issued a nonrestricted gaming license for an operation described in subsection 1 or 2 of NRS 463.0177 may establish a sports pool or race book on the premises of the establishment only after obtaining permission from the Commission.
3. A person who has been issued a license to operate a sports pool or race book at an establishment may be issued a license to operate a sports pool or race book at a second establishment described in subsection 1 or 2 of NRS 463.0177 only if the second establishment is operated by a person who has been issued a nonrestricted license for that establishment. A person who has been issued a license to operate a race book or sports pool at an establishment is prohibited from operating a race book or sports pool at:
κ2021 Statutes of Nevada, Page 3385 (CHAPTER 509, AB 7)κ
has been issued a license to operate a race book or sports pool at an establishment is prohibited from operating a race book or sports pool at:
(a) An establishment for which a restricted license has been granted; or
(b) An establishment at which only a nonrestricted license has been granted for an operation described in subsection 3 [or 4] of NRS 463.0177.
4. A person who has been issued a license to operate a race book or sports pool shall not enter into an agreement for the sharing of revenue from the operation of the race book or sports pool with another person in consideration for the offering, placing or maintaining of a kiosk or other similar device not physically located on the licensed premises of the race book or sports pool, except:
(a) An affiliated licensed race book or sports pool; or
(b) The licensee of an establishment at which the race book or sports pool holds or obtains a license to operate pursuant to this section.
Κ This subsection does not prohibit an operator of a race book or sports pool from entering into an agreement with another person for the provision of shared services relating to advertising or marketing.
5. [Nothing in this section limits or prohibits an operator of an inter-casino linked system from placing and operating such a system on the premises of two or more gaming licensees and receiving, either directly or indirectly, any compensation or any percentage or share of the money or property played from the linked games in accordance with the provisions of this chapter and the regulations adopted by the Commission. An inter-casino linked system must not be used to link games other than slot machines, unless such games are located at an establishment that is licensed for games other than slot machines.
6.] For the purposes of this section, the operation of a race book or sports pool includes making the premises available for any of the following purposes:
(a) Allowing patrons to establish an account for wagering with the race book or sports pool;
(b) Accepting wagers from patrons;
(c) Allowing patrons to place wagers;
(d) Paying winning wagers to patrons; or
(e) Allowing patrons to withdraw cash from an account for wagering or to be issued a ticket, receipt, representation of value or other credit representing a withdrawal from an account for wagering that can be redeemed for cash,
Κ whether by a transaction in person at an establishment or through mechanical means such as a kiosk or other similar device, regardless of whether that device would otherwise be considered associated equipment.
[7.] 6. The provisions of this section do not apply to a license to operate interactive gaming.
Sec. 13. NRS 463.305 is hereby amended to read as follows:
463.305 1. Any person who operates or maintains in this State any gaming device of a specific model [,] or any gaming device which includes a significant modification [or any inter-casino linked system] which the Board or Commission has not approved for testing or for operation is subject to disciplinary action by the Board or Commission.
2. The Board shall maintain a list of approved gaming devices . [and inter-casino linked systems.]
κ2021 Statutes of Nevada, Page 3386 (CHAPTER 509, AB 7)κ
3. If the Board suspends or revokes approval of a gaming device pursuant to the regulations adopted pursuant to subsection 4, the Board may order the removal of the gaming device from an establishment.
4. The Commission shall adopt regulations relating to gaming devices and their significant modification . [and inter-casino linked systems.]
Sec. 14. NRS 463.360 is hereby amended to read as follows:
463.360 1. Conviction by a court of competent jurisdiction of a person for a violation of, an attempt to violate, or a conspiracy to violate any of the provisions of this chapter or of chapter 463B, 464 or 465 of NRS may act as an immediate revocation of all licenses which have been issued to the violator, and, in addition, the court may, upon application of the district attorney of the county or of the Commission, order that no new or additional license under this chapter be issued to the violator, or be issued to any person for the room or premises in which the violation occurred, for 1 year after the date of the revocation.
2. A person who willfully fails to report, pay or truthfully account for and pay over any license fee or tax imposed by the provisions of this chapter, or willfully attempts in any manner to evade or defeat any such license fee, tax or payment thereof is guilty of a category C felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
3. Except as otherwise provided in subsection 4, a person who willfully violates, attempts to violate, or conspires to violate any of the provisions of subsection 1 of NRS 463.160 [or NRS 463.800] is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, by a fine of not more than $50,000, or by both fine and imprisonment.
4. A licensee who puts additional games or slot machines into play or displays additional games or slot machines in a public area without first obtaining all required licenses and approval is subject only to the penalties provided in NRS 463.270 and 463.310 and in any applicable ordinance of the county, city or town.
5. A person who willfully violates any provision of a regulation adopted pursuant to NRS 463.125 is guilty of a category C felony and shall be punished as provided in NRS 193.130.
6. The violation of any of the provisions of this chapter, the penalty for which is not specifically fixed in this chapter, is a gross misdemeanor.
Sec. 15. NRS 463.370 is hereby amended to read as follows:
463.370 1. Except as otherwise provided in NRS 463.373, the Commission shall charge and collect from each licensee a license fee based upon all the gross revenue of the licensee as follows:
(a) Three and one-half percent of all the gross revenue of the licensee which does not exceed $50,000 per calendar month;
(b) Four and one-half percent of all the gross revenue of the licensee which exceeds $50,000 per calendar month and does not exceed $134,000 per calendar month; and
(c) Six and three-quarters percent of all the gross revenue of the licensee which exceeds $134,000 per calendar month.
2. Unless the licensee has been operating for less than a full calendar month, the Commission shall charge and collect the fee prescribed in subsection 1, based upon the gross revenue for the preceding calendar month, on or before the 15th day of the following month. Except for the fee based on the first full month of operation, the fee is an estimated payment of the license fee for the third month following the month whose gross revenue is used as its basis.
κ2021 Statutes of Nevada, Page 3387 (CHAPTER 509, AB 7)κ
the first full month of operation, the fee is an estimated payment of the license fee for the third month following the month whose gross revenue is used as its basis.
3. When a licensee has been operating for less than a full calendar month, the Commission shall charge and collect the fee prescribed in subsection 1, based on the gross revenue received during that month, on or before the 15th day of the following calendar month of operation. After the first full calendar month of operation, the Commission shall charge and collect the fee based on the gross revenue received during that month, on or before the 15th day of the following calendar month. The payment of the fee due for the first full calendar month of operation must be accompanied by the payment of a fee equal to three times the fee for the first full calendar month. This additional amount is an estimated payment of the license fees for the next 3 calendar months. Thereafter, each license fee must be paid in the manner described in subsection 2. Any deposit held by the Commission on July 1, 1969, must be treated as an advance estimated payment.
4. All revenue received from any game or gaming device which is operated on the premises of a licensee, regardless of whether any portion of the revenue is shared with any other person, must be attributed to the licensee for the purposes of this section and counted as part of the gross revenue of the licensee. Any other person [, including, without limitation, an operator of an inter-casino linked system,] who is authorized to receive a share of the revenue from any game [,] or gaming device [or inter-casino linked system] that is operated on the premises of a licensee is liable to the licensee for that persons proportionate share of the license fees paid by the licensee pursuant to this section and shall remit or credit the full proportionate share to the licensee on or before the 15th day of each calendar month. [The proportionate share of an operator of an inter-casino linked system must be based on all compensation and other consideration received by the operator of the inter-casino linked system, including, without limitation, amounts that accrue to the meter of the primary progressive jackpot of the inter-casino linked system and amounts that fund the reserves of such a jackpot, subject to all appropriate adjustments for deductions, credits, offsets and exclusions that the licensee is entitled to take or receive pursuant to the provisions of this chapter.] A licensee is not liable to any other person authorized to receive a share of the licensees revenue from any game [,] or gaming device [or inter-casino linked system] that is operated on the premises of the licensee for that persons proportionate share of the license fees to be remitted or credited to the licensee by that person pursuant to this section.
5. [An operator of an inter-casino linked system shall not enter into any agreement or arrangement with a licensee that provides for the operator of the inter-casino linked system to be liable to the licensee for less than its full proportionate share of the license fees paid by the licensee pursuant to this section, whether accomplished through a rebate, refund, charge-back or otherwise.
6.] Any person required to pay a fee pursuant to this section shall file with the Commission, on or before the 15th day of each calendar month, a report showing the amount of all gross revenue received during the preceding calendar month. Each report must be accompanied by:
(a) The fee due based on the revenue of the month covered by the report; and
κ2021 Statutes of Nevada, Page 3388 (CHAPTER 509, AB 7)κ
(b) An adjustment for the difference between the estimated fee previously paid for the month covered by the report, if any, and the fee due for the actual gross revenue earned in that month. If the adjustment is less than zero, a credit must be applied to the estimated fee due with that report.
[7.] 6. If the amount of license fees required to be reported and paid pursuant to this section is later determined to be greater or less than the amount actually reported and paid, the Commission shall:
(a) Charge and collect the additional license fees determined to be due, with interest thereon until paid; or
(b) Refund any overpayment to the person entitled thereto pursuant to this chapter, with interest thereon.
Κ Interest pursuant to paragraph (a) must be computed at the rate prescribed in NRS 17.130 from the first day of the first month following the due date of the additional license fees until paid. Interest pursuant to paragraph (b) must be computed at one-half the rate prescribed in NRS 17.130 from the first day of the first month following the date of overpayment until paid.
[8.] 7. Failure to pay the fees provided for in this section shall be deemed a surrender of the license at the expiration of the period for which the estimated payment of fees has been made, as established in subsection 2.
[9.] 8. Except as otherwise provided in NRS 463.386, the amount of the fee prescribed in subsection 1 must not be prorated.
[10.] 9. Except as otherwise provided in NRS 463.386, if a licensee ceases operation, the Commission shall:
(a) Charge and collect the additional license fees determined to be due with interest computed pursuant to paragraph (a) of subsection [7;] 6; or
(b) Refund any overpayment to the licensee with interest computed pursuant to paragraph (b) of subsection [7,] 6,
Κ based upon the gross revenue of the licensee during the last 3 months immediately preceding the cessation of operation, or portions of those last 3 months.
[11.] 10. If in any month, the amount of gross revenue is less than zero, the licensee may offset the loss against gross revenue in succeeding months until the loss has been fully offset.
[12.] 11. If in any month, the amount of the license fee due is less than zero, the licensee is entitled to receive a credit against any license fees due in succeeding months until the credit has been fully offset.
Sec. 16. NRS 463.3715 is hereby amended to read as follows:
463.3715 1. In calculating gross revenue, any prizes, premiums, drawings, benefits or tickets that are redeemable for money or merchandise or other promotional allowance, except money or tokens paid at face value directly to a patron as the result of a specific wager, must not be deducted as losses from winnings at any game except a slot machine.
2. In calculating gross revenue, the amount of cash paid to fund periodic payments may be deducted as losses from winnings for any game.
3. In calculating gross revenue from slot machines, keno and bingo, the actual cost to the licensee of any personal property distributed to a patron as the result of a specific legitimate wager may be deducted as a loss, but not travel expenses, food, refreshments, lodging or services.
4. In calculating gross revenue from bingo, a licensee who provides a patron with additional play at bingo as the result of an initial wager may deduct as losses from winnings all money or tokens paid directly to that patron as a result of such additional play.
κ2021 Statutes of Nevada, Page 3389 (CHAPTER 509, AB 7)κ
[5. In calculating gross revenue, a licensee may deduct its pro rata share of a payout from a game played in an inter-casino linked system except for a payout made in conjunction with a card game. The amount of the deduction must be determined based upon the written agreement among the licensed gaming establishments participating in the inter-casino linked system and the operator of the system. All cash prizes and the value of noncash prizes awarded during a contest or tournament conducted in conjunction with an inter-casino linked system are also deductible on a pro rata basis to the extent of the compensation received for the right to participate in that contest or tournament. The deductions may be taken only by those participating licensed gaming establishments that held an active gaming license at any time during the month in which the payout was awarded.]
Sec. 17. NRS 463.375 is hereby amended to read as follows:
463.375 1. In addition to any other state gaming license fees provided for in this chapter, before issuing a state gaming license to an applicant for a nonrestricted operation, the Commission shall charge and collect from the applicant a license fee of $80 for each slot machine for each calendar year.
2. The Commission shall charge and collect the fee prescribed in subsection 1, at the rate of $20 for each slot machine for each calendar quarter:
(a) On or before the last day of the last month in a calendar quarter, for the ensuing calendar quarter, from a licensee whose operation is continuing.
(b) In advance from a licensee who begins operation or puts additional slot machines into play during a calendar quarter.
3. Except as provided in NRS 463.386, no proration of the quarterly amount prescribed in subsection 2 may be allowed for any reason.
4. The operator of the location where slot machines are situated shall pay the fee prescribed in subsection 1 upon the total number of slot machines situated in that location, whether the machines are owned by one or more licensee-owners.
5. Any other person [, including, without limitation, an operator of an inter-casino linked system,] who is authorized to receive a share of the revenue from any slot machine that is operated on the premises of a licensee is liable to the licensee for that persons proportionate share of the license fees paid by the licensee pursuant to this section and shall remit or credit the full proportionate share to the licensee on or before the dates set forth in subsection 2. A licensee is not liable to any other person authorized to receive a share of the licensees revenue from any slot machine that is operated on the premises of a licensee for that persons proportionate share of the license fees to be remitted or credited to the licensee by that person pursuant to this section.
Sec. 18. NRS 463.385 is hereby amended to read as follows:
463.385 1. In addition to any other license fees and taxes imposed by this chapter, there is hereby imposed upon each slot machine operated in this State an annual excise tax of $250. If a slot machine is replaced by another, the replacement is not considered a different slot machine for the purpose of imposing this tax.
2. The Commission shall:
(a) Collect the tax annually on or before June 30, as a condition precedent to the issuance of a state gaming license to operate any slot machine for the ensuing fiscal year beginning July 1, from a licensee whose operation is continuing.
κ2021 Statutes of Nevada, Page 3390 (CHAPTER 509, AB 7)κ
(b) Collect the tax in advance from a licensee who begins operation or puts additional slot machines into play during the fiscal year, prorated monthly after July 31.
(c) Include the proceeds of the tax in its reports of state gaming taxes collected.
3. Any other person [, including, without limitation, an operator of an inter-casino linked system,] who is authorized to receive a share of the revenue from any slot machine that is operated on the premises of a licensee is liable to the licensee for that persons proportionate share of the license fees paid by the licensee pursuant to this section and shall remit or credit the full proportionate share to the licensee on or before the dates set forth in subsection 2. A licensee is not liable to any other person authorized to receive a share of the licensees revenue from any slot machine that is operated on the premises of a licensee for that persons proportionate share of the license fees to be remitted or credited to the licensee by that person pursuant to this section.
4. The Commission shall pay over the tax as collected to the State Treasurer to be deposited to the credit of the State Education Fund, and of the Capital Construction Fund for Higher Education and the Special Capital Construction Fund for Higher Education, which are hereby created in the State Treasury as special revenue funds, in the amounts and to be expended only for the purposes specified in this section, or for any other purpose authorized by the Legislature if sufficient money is available in the Capital Construction Fund for Higher Education and the Special Capital Construction Fund for Higher Education on July 31 of each year to pay the principal and interest due in that fiscal year on the bonds described in subsection 6.
5. During each fiscal year, the State Treasurer shall deposit the tax paid over to him or her by the Commission as follows:
(a) The first $5,000,000 of the tax in the Capital Construction Fund for Higher Education;
(b) Twenty percent of the tax in the Special Capital Construction Fund for Higher Education; and
(c) The remainder of the tax in the State Education Fund.
6. There is hereby appropriated from the balance in the Special Capital Construction Fund for Higher Education on July 31 of each year the amount necessary to pay the principal and interest due in that fiscal year on the bonds issued pursuant to section 5 of chapter 679, Statutes of Nevada 1979, as amended by chapter 585, Statutes of Nevada 1981, at page 1251, the bonds authorized to be issued by section 2 of chapter 643, Statutes of Nevada 1987, at page 1503, the bonds authorized to be issued by section 2 of chapter 614, Statutes of Nevada 1989, at page 1377, the bonds authorized to be issued by section 2 of chapter 718, Statutes of Nevada 1991, at page 2382, the bonds authorized to be issued by section 2 of chapter 629, Statutes of Nevada 1997, at page 3106, and the bonds authorized to be issued by section 2 of chapter 514, Statutes of Nevada 2013, at page 3391. If in any year the balance in that Fund is not sufficient for this purpose, the remainder necessary is hereby appropriated on July 31 from the Capital Construction Fund for Higher Education. The balance remaining unappropriated in the Capital Construction Fund for Higher Education on August 1 of each year and all amounts received thereafter during the fiscal year must be transferred to the State General Fund for the support of higher education. If bonds described in this subsection are refunded and if the amount required to pay the principal of and interest on the refunding bonds in any fiscal year during the term of the bonds is less than the amount that would have been required in the same fiscal year to pay the principal of and the interest on the original bonds if they had not been refunded, there is appropriated to the Nevada System of Higher Education an amount sufficient to pay the principal of and interest on the original bonds, as if they had not been refunded.
κ2021 Statutes of Nevada, Page 3391 (CHAPTER 509, AB 7)κ
of and interest on the refunding bonds in any fiscal year during the term of the bonds is less than the amount that would have been required in the same fiscal year to pay the principal of and the interest on the original bonds if they had not been refunded, there is appropriated to the Nevada System of Higher Education an amount sufficient to pay the principal of and interest on the original bonds, as if they had not been refunded. The amount required to pay the principal of and interest on the refunding bonds must be used for that purpose from the amount appropriated. The amount equal to the saving realized in that fiscal year from the refunding must be used by the Nevada System of Higher Education to defray, in whole or in part, the expenses of operation and maintenance of the facilities acquired in part with the proceeds of the original bonds.
7. After the requirements of subsection 6 have been met for each fiscal year, when specific projects are authorized by the Legislature, money in the Capital Construction Fund for Higher Education and the Special Capital Construction Fund for Higher Education must be transferred by the State Controller and the State Treasurer to the State Public Works Board for the construction of capital improvement projects for the Nevada System of Higher Education, including, but not limited to, capital improvement projects for the community colleges of the Nevada System of Higher Education. As used in this subsection, construction includes, but is not limited to, planning, designing, acquiring and developing a site, construction, reconstruction, furnishing, equipping, replacing, repairing, rehabilitating, expanding and remodeling. Any money remaining in either Fund at the end of a fiscal year does not revert to the State General Fund but remains in those Funds for authorized expenditure.
8. The money deposited in the State Education Fund under this section must be apportioned as provided in NRS 387.030 among the several school districts and charter schools of the State at the times and in the manner provided by law.
9. The Board of Regents of the University of Nevada may use any money in the Capital Construction Fund for Higher Education and the Special Capital Construction Fund for Higher Education for the payment of interest and amortization of principal on bonds and other securities, whether issued before, on or after July 1, 1979, to defray in whole or in part the costs of any capital project authorized by the Legislature.
Sec. 19. NRS 463.3855 is hereby amended to read as follows:
463.3855 1. In addition to any other state license fees imposed by this chapter, the Commission shall, before issuing a state gaming license to an operator of a slot machine route , [or an operator of an inter-casino linked system,] charge and collect an annual license fee of $500.
2. Each such license must be issued for a calendar year beginning January 1 and ending December 31. If the operation of the licensee is continuing, the Commission shall charge and collect the fee on or before December 31 for the ensuing calendar year.
3. Except as otherwise provided in NRS 463.386, the fee to be charged and collected under this section is the full annual fee, without regard to the date of application for or issuance of the license.
Sec. 20. NRS 463.665 is hereby amended to read as follows:
463.665 1. The Commission shall, with the advice and assistance of the Board, adopt regulations prescribing:
(a) The manner and method for the approval of associated equipment by the Board; and
κ2021 Statutes of Nevada, Page 3392 (CHAPTER 509, AB 7)κ
(b) The method and form of any application required by paragraph (a).
2. Except as otherwise provided in subsection 4, the regulations adopted pursuant to subsection 1 must:
(a) Require persons who manufacture or distribute associated equipment for use in this State to be registered with the Board if such associated equipment:
(1) Is directly used in gaming;
(2) Has the ability to add or subtract cash, cash equivalents or wagering credits to a game, gaming device or cashless wagering system;
(3) Interfaces with and affects the operation of a game, gaming device, cashless wagering system or other associated equipment;
(4) Is used directly or indirectly in the reporting of gross revenue; or
(5) Is otherwise determined by the Board to create a risk to the integrity of gaming and protection of the public if not regulated;
(b) Require persons who have a significant involvement in the manufacturing or distribution of associated equipment, as determined by the Commission, to register with the Board;
(c) Establish the degree of review an applicant for registration pursuant to this section must undergo, which level may be different for different forms of associated equipment; and
[(c)] (d) Establish fees for the application [, issuance] and renewal of the registration required pursuant to this section . [, which must not exceed $1,000 per application, issuance or renewal of such registration.]
3. This section does not apply to:
(a) A licensee; or
(b) An affiliate of a licensee or an independent contractor as defined by NRS 463.01715.
4. In addition to requiring a manufacturer or distributor of associated equipment to be registered as set forth in subsections 2 and 3, a manufacturer or distributor of associated equipment who sells, transfers or offers the associated equipment for use or play in Nevada may be required by the Board to file an application for a finding of suitability to be a manufacturer or distributor of associated equipment.
5. [In addition to requiring a manufacturer or distributor of associated equipment to be registered as set forth in subsections 2 and 3, any person who directly or indirectly involves himself or herself in the sale, transfer or offering for use or play in Nevada of such associated equipment who is not otherwise required to be licensed as a manufacturer or distributor may be required by the Board to file an application for a finding of suitability to be a manufacturer or distributor of associated equipment.
6.] If an application for a finding of suitability is not submitted to the Board within 30 days after demand by the Board, it may pursue any remedy or combination of remedies provided in this chapter.
[7.] 6. Any person who manufactures or distributes associated equipment who has complied with all applicable regulations adopted by the Commission before October 1, 2015, shall be deemed to be registered pursuant to this section.
Sec. 21. NRS 463.670 is hereby amended to read as follows:
463.670 1. The Legislature finds and declares as facts:
(a) That the inspection of games, gaming devices, associated equipment, cashless wagering systems [, inter-casino linked systems] and interactive gaming systems is essential to carry out the provisions of this chapter.
κ2021 Statutes of Nevada, Page 3393 (CHAPTER 509, AB 7)κ
(b) That the inspection of games, gaming devices, associated equipment, cashless wagering systems [, inter-casino linked systems] and interactive gaming systems is greatly facilitated by the opportunity to inspect components before assembly and to examine the methods of manufacture.
(c) That the interest of this State in the inspection of games, gaming devices, associated equipment, cashless wagering systems [, inter-casino linked systems] and interactive gaming systems must be balanced with the interest of this State in maintaining a competitive gaming industry in which games can be efficiently and expeditiously brought to the market.
2. The Commission may, with the advice and assistance of the Board, adopt and implement procedures that preserve and enhance the necessary balance between the regulatory and economic interests of this State which are critical to the vitality of the gaming industry of this State.
3. The Board may inspect every game or gaming device which is manufactured, sold or distributed:
(a) For use in this State, before the game or gaming device is put into play.
(b) In this State for use outside this State, before the game or gaming device is shipped out of this State.
4. The Board may inspect every game or gaming device which is offered for play within this State by a state gaming licensee.
5. The Board may inspect all associated equipment, every cashless wagering system [, every inter-casino linked system] and every interactive gaming system which is manufactured, sold or distributed for use in this State before the equipment or system is installed or used by a state gaming licensee and at any time while the state gaming licensee is using the equipment or system.
6. In addition to all other fees and charges imposed by this chapter, the Board may determine, charge and collect an inspection fee from each manufacturer, seller, distributor or independent testing laboratory which must not exceed the actual cost of inspection and investigation.
7. The Commission shall adopt regulations which:
(a) Provide for the registration of independent testing laboratories and of each person that owns, operates or has significant involvement with an independent testing laboratory, specify the form of the application required for such registration, set forth the qualifications required for such registration and establish the fees required for the application, the investigation of the applicant and the registration of the applicant.
(b) Authorize the Board to utilize independent testing laboratories for the inspection and certification of any game, gaming device, associated equipment, cashless wagering system [, inter-casino linked system] or interactive gaming system, or any components thereof.
(c) Establish uniform protocols and procedures which the Board and independent testing laboratories must follow during an inspection performed pursuant to subsection 3 or 5, and which independent testing laboratories must follow during the certification of any game, gaming device, associated equipment, cashless wagering system [, inter-casino linked system] or interactive gaming system, or any components thereof, for use in this State or for shipment from this State.
(d) Allow an application for the registration of an independent testing laboratory to be granted upon the independent testing laboratorys completion of an inspection performed in compliance with the uniform protocols and procedures established pursuant to paragraph (c) and satisfaction of such other requirements that the Board may establish.
κ2021 Statutes of Nevada, Page 3394 (CHAPTER 509, AB 7)κ
protocols and procedures established pursuant to paragraph (c) and satisfaction of such other requirements that the Board may establish.
(e) Provide the standards and procedures for the revocation of the registration of an independent testing laboratory.
(f) Provide the standards and procedures relating to the filing of an application for a finding of suitability pursuant to this section and the remedies should a person be found unsuitable.
(g) Provide any additional provisions which the Commission deems necessary and appropriate to carry out the provisions of this section and which are consistent with the public policy of this State pursuant to NRS 463.0129.
8. The Commission shall retain jurisdiction over any person registered pursuant to this section and any regulation adopted thereto, in all matters relating to a game, gaming device, associated equipment, cashless wagering system [, inter-casino linked system] or interactive gaming system, or any component thereof or modification thereto, even if the person ceases to be registered.
9. A person registered pursuant to this section is subject to the investigatory and disciplinary proceedings that are set forth in NRS 463.310 to 463.318, inclusive, and shall be punished as provided in those sections.
10. The Commission may, upon recommendation of the Board, require the following persons to file an application for a finding of suitability:
(a) A registered independent testing laboratory.
(b) An employee of a registered independent testing laboratory.
(c) An officer, director, partner, principal, manager, member, trustee or direct or beneficial owner of a registered independent testing laboratory or any person that owns or has significant involvement with the activities of a registered independent testing laboratory.
11. If a person fails to submit an application for a finding of suitability within 30 days after a demand by the Commission pursuant to this section, the Commission may make a finding of unsuitability. Upon written request, such period may be extended by the Chair of the Commission, at the Chairs sole and absolute discretion.
12. As used in this section, unless the context otherwise requires, independent testing laboratory means a private laboratory that is registered by the Board to inspect and certify games, gaming devices, associated equipment, cashless wagering systems [, inter-casino linked systems] or interactive gaming systems, and any components thereof and modifications thereto, and to perform such other services as the Board and Commission may request.
Sec. 21.5. NRS 368A.200 is hereby amended to read as follows:
368A.200 1. Except as otherwise provided in this section, there is hereby imposed an excise tax on admission to any facility in this State where live entertainment is provided and on the charge for live entertainment provided by an escort at one or more locations in this State. The rate of the tax is:
(a) Except as otherwise provided in paragraph (b), for admission to a facility in this State where live entertainment is provided, 9 percent of the admission charge to the facility.
(b) For live entertainment provided by an escort who is escorting one or more persons at a location or locations in this State, 9 percent of the total amount, expressed in terms of money, of consideration paid for the live entertainment provided by the escort.
κ2021 Statutes of Nevada, Page 3395 (CHAPTER 509, AB 7)κ
2. Amounts paid for:
(a) Admission charges collected and retained by a nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c), or by a nonprofit corporation organized or existing under the provisions of chapter 82 of NRS, are not taxable pursuant to this section, only if the number of tickets to the live entertainment which are offered for sale or other distribution to patrons, either directly or indirectly through a partner, subsidiary, client, affiliate or other collaborator, is less than 7,500.
(b) Gratuities directly or indirectly remitted to persons employed at a facility where live entertainment is provided are not taxable pursuant to this section.
(c) Fees imposed, collected and retained by an independent financial institution in connection with the use of credit cards or debit cards to pay the admission charge to a facility where live entertainment is provided are not taxable pursuant to this section. As used in this paragraph, independent financial institution means a financial institution that is not the taxpayer or an owner or operator of the facility where the live entertainment is provided or an affiliate of any of those persons.
3. The tax imposed by this section must be added to and collected from the purchaser at the time of purchase, whether or not the admission for live entertainment is purchased for resale. [Each ticket for admission to a facility where live entertainment is provided must show on its face the admission charge or the seller of the admission shall prominently display a notice disclosing the admission charge at the box office or other place where the charge is made.]
4. The tax imposed by subsection 1 does not apply to:
(a) Live entertainment that this State is prohibited from taxing under the Constitution, laws or treaties of the United States or the Nevada Constitution.
(b) Live entertainment that is governed by the Nevada Interscholastic Activities Association pursuant to chapter 385B of NRS or is provided or sponsored by an elementary school, junior high school, middle school or high school, if only pupils or faculty provide the live entertainment.
(c) An athletic contest, event, tournament or exhibition provided by an institution of the Nevada System of Higher Education, if students of such an institution are contestants in the contest, event, tournament or exhibition.
(d) Live entertainment that is provided by or entirely for the benefit of a nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c), or a nonprofit corporation organized or existing under the provisions of chapter 82 of NRS, only if the number of tickets to the live entertainment which are offered for sale or other distribution to patrons, either directly or indirectly through a partner, subsidiary, client, affiliate or other collaborator, is less than 7,500.
(e) Any boxing contest or exhibition governed by the provisions of chapter 467 of NRS.
(f) Live entertainment that is not provided at a licensed gaming establishment if the facility in which the live entertainment is provided has a maximum occupancy of less than 200 persons.
(g) Live entertainment that is provided at a licensed gaming establishment that is licensed for less than 51 slot machines, less than 6 games, or any combination of slot machines and games within those respective limits, if the facility in which the live entertainment is provided has a maximum occupancy of less than 200 persons.
κ2021 Statutes of Nevada, Page 3396 (CHAPTER 509, AB 7)κ
(h) Live entertainment that is provided at a trade show.
(i) Music performed by musicians who move constantly through the audience if no other form of live entertainment is afforded to the patrons.
(j) Live entertainment that is provided at a licensed gaming establishment at private meetings or dinners attended by members of a particular organization or by a casual assemblage if the purpose of the event is not primarily for entertainment.
(k) Live entertainment that is provided in the common area of a shopping mall, unless the entertainment is provided in a facility located within the mall.
(l) Food and product demonstrations provided at a shopping mall, a craft show or an establishment that sells grocery products, housewares, hardware or other supplies for the home.
(m) Live entertainment that is incidental to an amusement ride, a motion simulator or a similar digital, electronic, mechanical or electromechanical attraction. For the purposes of this paragraph, live entertainment shall be deemed to be incidental to an amusement ride, a motion simulator or a similar digital, electronic, mechanical or electromechanical attraction if the live entertainment is:
(1) Not the predominant element of the attraction; and
(2) Not the primary purpose for which the public rides, attends or otherwise participates in the attraction.
(n) A race scheduled at a race track in this State and sanctioned by the National Association for Stock Car Auto Racing, if two or more such races are held at that race track during the same calendar year.
(o) An athletic contest, event or exhibition conducted by a professional team based in this State if the professional team based in this State is a participant in the contest, event or exhibition.
5. As used in this section:
(a) Affiliate has the meaning ascribed to it in NRS 463.0133.
(b) Maximum occupancy means, in the following order of priority:
(1) The maximum occupancy of the facility in which live entertainment is provided, as determined by the State Fire Marshal or the local governmental agency that has the authority to determine the maximum occupancy of the facility;
(2) If such a maximum occupancy has not been determined, the maximum occupancy of the facility designated in any permit required to be obtained in order to provide the live entertainment; or
(3) If such a permit does not designate the maximum occupancy of the facility, the actual seating capacity of the facility in which the live entertainment is provided.
(c) Operator includes, without limitation, a person who operates a facility where live entertainment is provided or who presents, produces or otherwise provides live entertainment.
Sec. 22. (Deleted by amendment.)
Sec. 22.5. Section 1 of this act applies to any game or gambling game which has not been approved on or after July 1, 2021.
Sec. 23. NRS 463.01805, 463.306 and 463.800 are hereby repealed.
Sec. 24. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 3397κ
Assembly Bill No. 52Committee on Natural Resources
CHAPTER 510
[Approved: June 8, 2021]
AN ACT relating to public lands; revising the membership and duties of the Land Use Planning Advisory Council; authorizing the removal of certain voting members before the expiration of their term under certain circumstances; requiring the election of a vice chair of the Advisory Council; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Land Use Planning Advisory Council, which advises the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources and the State Land Use Planning Agency on issues relating to land use planning. (NRS 321.740, 321.750) The Advisory Council consists of 17 voting members appointed by the Governor, with 1 voting member representing each county of the State, and 1 nonvoting member appointed by the Nevada Association of Counties. (NRS 321.740) Section 1 of this bill adds to the Advisory Council: (1) one voting member appointed by the Governor to represent the Nevada Indian Commission; and (2) one nonvoting member appointed by the Nevada League of Cities and Municipalities.
Existing law provides that if a board of county commissioners fails to submit the name of its nominee or nominees for membership on the Advisory Council, the Governor may appoint any resident of that county to represent that county. (NRS 321.740) Section 1 provides that if the Nevada Indian Commission fails to submit the name of its nominee or nominees for membership on the Advisory Council, the Governor may appoint any resident of the State who has experience working with tribal governments in this State and who has knowledge of natural resource issues pertaining to tribal lands in this State as the representative of the Nevada Indian Commission.
Existing law provides that the term of a voting member of the Advisory Council is 3 years. (NRS 321.740) Section 1 provides an exception to the 3-year term if a voting member appointed by the Governor is an elected official of the county that he or she represents on the Advisory Council and does not become a candidate for reelection or is defeated for reelection. In such a circumstance, section 1 authorizes the board of county commissioners to end the persons membership on the Advisory Council before the expiration of the persons 3-year term. If the board of county commissioners ends the persons membership on the Advisory Council: (1) that persons membership on the Advisory Council ends on the date on which his or her term of office as an elected official of the county ends; and (2) a vacancy exists on the Advisory Council that must be filled for the remainder of the unexpired term.
Existing law requires the Advisory Council to elect a Chair. (NRS 321.740) Section 1 also requires the election of a Vice Chair.
Existing law sets forth the duties of the Advisory Council. (NRS 321.750) Section 2 of this bill requires the Advisory Council to also: (1) advise any federal or state agency or local government on land use planning and policy; (2) assist and advise in the resolution of inconsistencies in land use plans, if requested; and (3) make recommendations related to areas of critical environmental concern.
Section 3 of this bill changes the minimum period required to be given in existing law for notice of certain public hearings of the Advisory Council by publication in newspapers from 20 days to 10 days before the hearing. (NRS 321.770)
κ2021 Statutes of Nevada, Page 3398 (CHAPTER 510, AB 52)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 321.740 is hereby amended to read as follows:
321.740 1. The Land Use Planning Advisory Council [, consisting of 17] is hereby created. The Advisory Council consists of:
(a) Eighteen voting members appointed by the Governor [and 1] , as follows:
(1) One member from each county in this State who represents that county; and
(2) One member who represents the Nevada Indian Commission.
(b) One nonvoting member appointed by the Nevada Association of Counties, or its successor organization . [, is hereby created.]
(c) One nonvoting member appointed by the Nevada League of Cities and Municipalities, or its successor organization.
2. The provisions of subsection 6 of NRS 232A.020 do not apply to members of the Advisory Council who also serve as county commissioners, and the Governor may appoint any such member of the Advisory Council to one other board, commission or similar body.
[2. One voting member must be appointed to the Advisory Council to represent each county. At]
3. Each board of county commissioners and the Nevada Indian Commission shall, at least 30 days before the beginning of any term of the representative of [a] the county [,] or the Nevada Indian Commission, or within 30 days after the position of that representative becomes vacant, [the board of county commissioners of that county shall] submit to the Governor the name of its nominee or a list of the names of not more than three nominees who are elected officials or other representatives of the county or of the Nevada Indian Commission, as applicable, for the position to be filled. If a board of county commissioners or the Nevada Indian Commission submits the names of two or more nominees, the board or the Nevada Indian Commission, as applicable, shall number its nominees in order of preference. That order of preference is not binding upon the Governor. The Governor shall appoint the person so nominated or, if more than one person is nominated, one of the persons from the list of nominees.
[3.] 4. If [a] :
(a) A board of county commissioners fails to submit the name of its nominee or a list of nominees within the time required by this subsection or subsection [2,] 3, the Governor may appoint to the Advisory Council any resident of that county as the representative of the county. [If a]
(b) The Nevada Indian Commission fails to submit the name of its nominee or a list of nominees within the time required by subsection 3, the Governor may appoint any resident of the State who has experience working with tribal governments in this State and who has knowledge of natural resource issues pertaining to tribal lands in this State as the representative of the Nevada Indian Commission.
(c) A board of county commissioners or the Nevada Indian Commission has timely submitted the name of its nominee or a list of nominees pursuant to subsection 3 and the Governor fails to appoint a person so nominated:
κ2021 Statutes of Nevada, Page 3399 (CHAPTER 510, AB 52)κ
[(a)] (1) If one person has been nominated, that person; or
[(b)] (2) If two or more persons have been nominated, the person listed by the board or the Nevada Indian Commission, as applicable, first in order of preference,
Κ shall be deemed to be a voting member of the Advisory Council as of the beginning of the new term or, in the case of an appointment to fill a vacancy, the first meeting of the Advisory Council that is held not less than 30 days after the submission of the nomination unless, before that date, the Governor notifies the board or the Nevada Indian Commission, as applicable, in writing that none of its nominees will be appointed to the Advisory Council. Within 30 days after the date of any such notice, the board or the Nevada Indian Commission, as applicable, shall submit to the Governor the name of a new nominee or a list of new nominees.
[4. After the initial terms,]
5. Except as otherwise provided in this subsection, each voting member serves a term of 3 years . If a voting member appointed pursuant to subparagraph (1) of paragraph (a) of subsection 1 is an elected official of the county that he or she represents on the Advisory Council and he or she does not become a candidate for reelection or is defeated for reelection, the board of county commissioners of that county may end the persons membership on the Advisory Council before the expiration of his or her 3-year term. If the board of county commissioners ends the persons membership on the Advisory Council pursuant to this subsection:
(a) That persons membership on the Advisory Council ends on the date on which his or her term of office as an elected official of the county ends; and
(b) A vacancy exists in the membership of the Advisory Council that must be filled for the remainder of the unexpired term pursuant to subsection 3 or 4, as applicable.
6. Any voting member is eligible for reappointment to the Advisory Council.
[5.] 7. The nonvoting [member] members of the Advisory Council [serves] serve at the pleasure of the [Nevada Association of Counties, or its successor organization.
6.] appointing authority.
8. At its first meeting each year, the Advisory Council shall elect a Chair and Vice Chair from among its voting members.
[7.] 9. A majority of the voting members of the Advisory Council 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 Council.
[8.] 10. A board of county commissioners may provide that, while engaged in the business of the Advisory Council, a voting member of the Advisory Council is entitled to receive from the county he or she represents the per diem allowance and travel expenses provided by law for state officers and employees generally.
Sec. 2. NRS 321.750 is hereby amended to read as follows:
321.750 The Land Use Planning Advisory Council shall:
1. Advise the Administrator on the development and distribution to cities and counties of information useful to land use planning.
κ2021 Statutes of Nevada, Page 3400 (CHAPTER 510, AB 52)κ
2. Advise the State Land Use Planning Agency regarding the development of plans and statements of policy pursuant to subsection 1 of NRS 321.7355.
3. Work cooperatively with the Attorney General and the Nevada Association of Counties as required pursuant to subsection 3 of NRS 405.204.
4. Advise any federal or state agency or local government on land use planning and policy, including, without limitation, developing a statement of policy, drafting a resolution or providing formal comment on land use planning policies and land management projects of any federal or state agency or local government.
5. Assist and advise in the resolution of inconsistencies in land use plans, if requested.
6. Make recommendations related to areas of critical environmental concern pursuant to NRS 321.770.
Sec. 3. NRS 321.770 is hereby amended to read as follows:
321.770 1. The State Land Use Planning Agency shall provide assistance in land use planning for areas of critical environmental concern:
(a) When the Governor directs that the Agency review and assist in land use planning for an area the Governor finds to be of critical environmental concern.
(b) When one or more local government entities request that the Agency advise and assist in land use planning for an area which affects them and which they consider to be of critical environmental concern.
2. Upon receipt of a directive or a request pursuant to subsection 1, the Administrator shall study the problems of the area described and meet with the affected local government entities to receive their initial comments and recommendations. The Administrator shall then submit the matter of planning for the area of critical environmental concern to the Land Use Planning Advisory Council for consideration and recommendation.
3. The Land Use Planning Advisory Council shall include in its procedures one or more public hearings upon notice given by at least one publication at least [20] 10 days before the hearing in a newspaper or combination of newspapers having general circulation throughout the area affected and each city and county any portion of whose territory lies within such area. The notice shall state with particularity the subject of the hearing.
4. Following completion of the hearings and consideration of other information, the Land Use Planning Advisory Council shall make its final recommendations for land use planning policies in the area of critical environmental concern. The recommendations may include proposed land use regulations to carry out such policies.
5. No land use regulation adopted by the Land Use Planning Advisory Council pursuant to this section may become effective without the approval of the Governor.
Sec. 4. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 3401κ
Assembly Bill No. 105Assemblymen Roberts, Monroe-Moreno; Krasner, Leavitt, Nguyen, Titus and Tolles
Joint Sponsors: Senators Hammond, Kieckhefer and Seevers Gansert
CHAPTER 511
[Approved: June 8, 2021]
AN ACT relating to interscholastic activities; requiring any board formed to govern the Nevada Interscholastic Activities Association to include at least three members who are parents or guardians of pupils who participate in a sanctioned sport; requiring any advisory board to a governing board to include at least three members who are pupils currently participating in a sanctioned sport; establishing certain requirements relating to the residency and terms of such members who are parents, guardians or pupils; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the Nevada Interscholastic Activities Association controls, supervises and regulates all interscholastic athletic events and other interscholastic events in public schools. (NRS 385B.050) This bill requires any board formed to govern the Nevada Interscholastic Activities Association to include at least three members who are parents or guardians of pupils who participate in a sanctioned sport. This bill also requires any advisory board formed to advise a governing board to include at least three members who are pupils currently participating in a sanctioned sport. Such members are required to fulfill certain residency requirements and are prohibited from being employees of or immediate family members of employees of a school district, charter school or private school. This bill also requires that the terms of such members be consistent in duration with the terms of other members of the board and be served in full-year increments during any year that a pupil who is a member or a pupil whose parent or guardian is a member participates in one or more sanctioned sports.
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 385B.050 is hereby amended to read as follows:
385B.050 1. The county school district trustees may form a nonprofit association, to be known as the Nevada Interscholastic Activities Association, composed of all of the school districts of the State for the purposes of controlling, supervising and regulating all interscholastic athletic events and other interscholastic events in the public schools. This section does not prohibit a public school, which is authorized by the Association to do so, from joining an association formed for similar purposes in another state.
2. Any board formed to govern the Nevada Interscholastic Activities Association must include at least three members who are parents or guardians of pupils who participate in a sanctioned sport.
κ2021 Statutes of Nevada, Page 3402 (CHAPTER 511, AB 105)κ
guardians of pupils who participate in a sanctioned sport. Of the members who are parents or guardians of pupils who participate in a sanctioned sport:
(a) At least one member must be a resident of a county whose population is 700,000 or more;
(b) At least one member must be a resident of a county whose population is 100,000 more but less than 700,000;
(c) At least one member must be a resident of a county whose population is less than 100,000; and
(d) Each member must not be an employee of or an immediate family member of an employee of a school district, charter school or private school.
3. Any advisory board formed to advise a governing board of the Nevada Interscholastic Activities Association must include at least three members who are pupils currently participating in a sanctioned sport. Of the members who are pupils currently participating in a sanctioned sport:
(a) At least one member must be a resident of a county whose population is 700,000 or more;
(b) At least one member must be a resident of a county whose population is 100,000 or more but less than 700,000;
(c) At least one member must be a resident of a county whose population is less than 100,000; and
(d) Each member must not be an employee of or an immediate family member of an employee of a school district.
4. The terms of each member of a board formed to govern the Nevada Interscholastic Activities Association who is a parent or guardian of a pupil who participates in a sanctioned sport and each pupil who is a member of an advisory board to such a governing board must be consistent in duration with the terms of other members of the applicable board and be served in full-year increments during any year that a pupil who is a member or a pupil whose parent or guardian is a member participates in one or more sanctioned sports.
Sec. 2. This act becomes effective on July 1, 2022.
________
κ2021 Statutes of Nevada, Page 3403κ
Assembly Bill No. 115Assemblymen Nguyen, Peters, Gonzαlez; Torres and Watts
Joint Sponsors: Senators Scheible, Cannizzaro; and Brooks
CHAPTER 512
[Approved: June 8, 2021]
AN ACT relating to domestic relations; authorizing one or more adults to petition a court for the adoption of a child; authorizing a court to waive the hearing on a petition for the adoption of a child in certain circumstances; requiring that additional information must be included in a petition for the adoption of a child who currently resides in the home of the petitioners; authorizing a court to determine that more than two people have a parent and child relationship with a child; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes provisions governing the adoption of children. (NRS 127.010-127.186) Existing law authorizes any adult or married couple to petition a court for the adoption of a child. (NRS 127.030) Section 5.2 of this bill instead provides that one or more adults may petition a court for the adoption of a child and requires that each prospective adopting adult and consenting legal parent seeking to retain his or her parental rights must be a joint petitioner. Section 5.2 also authorizes a court to: (1) waive the hearing on a petition for the adoption of a child if the petitioner is related to the child within the third degree of consanguinity; and (2) determine that a child has a legal relationship with more than two petitioners. Sections 5.1, 5.3-5.6 and 5.7-5.9 of this bill make conforming changes to reflect that a child may have a legal relationship with more than two parents.
Existing law requires that a petition for the adoption of a child who currently resides in the home of the petitioners must contain certain information. (NRS 127.110) Section 5.65 of this bill requires the petition also to include a statement that there are no known signs that the child is currently experiencing victimization from human trafficking, exploitation or abuse.
Section 8 of this bill generally provides that, for the purposes of the Nevada Revised Statutes, if more than two persons have a parent and child relationship with a child pursuant to a prior court order, any reference to the parents of a child or a parent of a child must be interpreted to include any person whom a court has determined to be a parent of the child.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1 and 2. (Deleted by amendment.)
Sec. 3. NRS 126.021 is hereby amended to read as follows:
126.021 As used in this chapter, unless the context otherwise requires:
1. Custodial parent means the parent of a child born out of wedlock who has been awarded physical custody of the child or, if no award of physical custody has been made by a court, the parent with whom the child resides.
κ2021 Statutes of Nevada, Page 3404 (CHAPTER 512, AB 115)κ
2. Nonsupporting parent means the parent of a child born out of wedlock who has failed to provide an equitable share of his or her childs necessary maintenance, education and support.
3. Parent and child relationship means the legal relationship existing between a child and his or her natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties and obligations. It includes the mother and child relationship and the father and child relationship. This subsection does not preclude a determination by a court that a child has such a legal relationship with more than two persons.
Secs. 4 and 5. (Deleted by amendment.)
Sec. 5.1. NRS 127.020 is hereby amended to read as follows:
127.020 1. Except as otherwise provided in subsection 2:
(a) A minor child may be adopted by [an adult person in the cases and] one or more adults subject to the rules prescribed in this chapter.
(b) A person adopting a child must be at least 10 years older than the person adopted, and the consent of the child, if over the age of 14 years, is necessary to its adoption.
2. A court may approve the adoption of a child without regard to the age of the child and the ages of the prospective adoptive parents if:
(a) The child is being adopted by a stepparent, sister, brother, aunt, uncle or first cousin and, if the prospective adoptive parent is married, also by the spouse of the prospective adoptive parent; and
(b) The court is satisfied that it is in the best interest of the child and in the interest of the public.
Sec. 5.2. NRS 127.030 is hereby amended to read as follows:
127.030 1. [Any adult person or any two persons married to each other] One or more adults may petition the district court of any county in this state for leave to adopt a child. Each prospective adopting adult and each consenting legal parent seeking to retain his or her parental rights must be a joint petitioner.
2. Except as otherwise provided in subsection 5, a married person not lawfully separated from his or her spouse may not adopt a child without the consent of his or her spouse, if such spouse is capable of giving such consent.
3. If a spouse consents to an adoption as described in subsection 2, such consent does not establish any parental rights or responsibilities on the part of the spouse unless he or she:
(a) Has, in a writing filed with the court, specifically consented to:
(1) Adopting the child; and
(2) Establishing parental rights and responsibilities; and
(b) Is named as an adoptive parent in the order or decree of adoption.
4. The court shall not name a spouse who consents to an adoption as described in subsection 2 as an adoptive parent in an order or decree of adoption unless:
(a) The spouse has filed a writing with the court as described in paragraph (a) of subsection 3; and
(b) The home of the spouse is suitable for the child as determined by an investigation conducted pursuant to NRS 127.120 or 127.2805.
5. The court may dispense with the requirement for the consent of a spouse who cannot be located after a diligent search or who is determined by the court to lack the capacity to consent. A spouse for whom the requirement was dispensed pursuant to this subsection must not be named as an adoptive parent in an order or decree of adoption.
κ2021 Statutes of Nevada, Page 3405 (CHAPTER 512, AB 115)κ
requirement was dispensed pursuant to this subsection must not be named as an adoptive parent in an order or decree of adoption.
6. If a person who petitions for the adoption of a child pursuant to this section is related to the child within the third degree of consanguinity, the court may, in its discretion, waive the hearing on the petition.
7. The court may determine that a child has a legal relationship with more than two persons who petition for the adoption of the child pursuant to this section.
Sec. 5.3. NRS 127.040 is hereby amended to read as follows:
127.040 1. Except as provided in NRS 127.090, written consent to the specific adoption proposed by the petition or for relinquishment to an agency authorized to accept relinquishments acknowledged by the person or persons consenting, is required from:
(a) [Both parents if both are living;] Each legal parent who is alive; and
(b) [One parent if the other is dead; or
(c) The] Any legal guardian of the person of [a] the child appointed by a court of competent jurisdiction.
2. Consent is not required of a parent who has been adjudged insane for 2 years if the court is satisfied by proof that such insanity is incurable.
Sec. 5.4. NRS 127.043 is hereby amended to read as follows:
127.043 1. Except as otherwise provided in subsection 2, a child must not be placed in an adoptive home until a valid release for or consent to adoption is executed by the [mother] parent who gave birth to the child as provided by NRS 127.070.
2. The provisions of this section do not apply if one or more of the existing legal parents is a petitioner or the [spouse of a] petitioner is related to the child within the third degree of consanguinity.
Sec. 5.5. NRS 127.045 is hereby amended to read as follows:
127.045 1. Except as otherwise provided in subsection 2, until a valid release for or consent to adoption is executed by the [mother] parent who gave birth to the child as provided by NRS 127.070 and the investigation required by NRS 127.2805 is completed, no person may:
(a) Petition any court for the appointment of a guardian; or
(b) Be appointed the temporary guardian,
Κ of the person of the child to be adopted.
2. The provisions of subsection 1 do not apply [to] if one or more of the existing legal parents is a petitioner or if any [person who is related] petitioner or [whose] his or her spouse is related to the child within the third degree of consanguinity.
Sec. 5.6. NRS 127.070 is hereby amended to read as follows:
127.070 1. All releases for and consents to adoption executed in this state by the [mother] parent who gave birth to a child before the birth of [a] the child or within 72 hours after the birth of [a] the child are invalid.
2. A release for or consent to adoption may be executed by [the father] a parent before the birth of [the] a child if the [father] parent is not married to the [mother.] parent who gave birth to the child. A release executed [by the father] under this subsection becomes invalid if:
(a) The [father of the child marries the mother] parents of the child marry each other before the child is born;
κ2021 Statutes of Nevada, Page 3406 (CHAPTER 512, AB 115)κ
(b) The [mother of] parent who gave birth to the child does not execute a release for or consent to adoption of the child within 6 months after the birth of the child; or
(c) No petition for adoption of the child has been filed within 2 years after the birth of the child.
Sec. 5.65. NRS 127.110 is hereby amended to read as follows:
127.110 1. A petition for adoption of a child who currently resides in the home of the petitioners may be filed at any time after the child has lived in the home for 30 days.
2. The petition for adoption must state, in substance, the following:
(a) The full name and age of the petitioners.
(b) The age of the child sought to be adopted and the period that the child has lived in the home of petitioners before the filing of the petition.
(c) That it is the desire of the petitioners that the relationship of parent and child be established between them and the child.
(d) Their desire that the name of the child be changed, together with the new name desired.
(e) That the petitioners are fit and proper persons to have the care and custody of the child.
(f) That they are financially able to provide for the child.
(g) That there has been a full compliance with the law in regard to consent to adoption.
(h) That there has been a full compliance with NRS 127.220 to 127.310, inclusive.
(i) Whether the child is known to be an Indian child.
(j) That there are no known signs that the child is currently experiencing victimization from human trafficking, exploitation or abuse.
3. No order of adoption may be entered unless there has been full compliance with the provisions of NRS 127.220 to 127.310, inclusive.
Sec. 5.7. NRS 127.123 is hereby amended to read as follows:
127.123 Notice of the filing of a petition for the adoption of a child must be provided to [the] all legal [custodian] custodians or [guardian] guardians of the child [if that custodian or guardian is a person other than the natural] who are not a legal parent of the child.
Sec. 5.8. NRS 127.160 is hereby amended to read as follows:
127.160 Upon the entry of an order of adoption, the child shall become the legal child of the persons adopting the child, and they shall become the childs legal parents with all the rights and duties between them of natural parents and legitimate child. By virtue of such adoption the child shall inherit from his or her adoptive parents or their relatives the same as though the child were the legitimate child of such parents, and in case of the death of the child intestate the adoptive parents and their relatives shall inherit the childs estate as if they had been the childs natural parents and relatives in fact. After a decree of adoption is entered, [the natural parents of an adopted child shall be] any parent who has signed a relinquishment or given consent to terminate his or her parental rights is relieved of all parental responsibilities for [such] the adopted child [,] and [they] shall not exercise or have any rights over [such] the adopted child or the property of [such] the adopted child. The child [shall] does not owe [his or her natural parents or their relatives] a parent whose parental rights have been terminated any legal duty [nor shall the child] and may not inherit from [his or her natural parents] a parent whose parental rights have been terminated or his or her kindred.
κ2021 Statutes of Nevada, Page 3407 (CHAPTER 512, AB 115)κ
duty [nor shall the child] and may not inherit from [his or her natural parents] a parent whose parental rights have been terminated or his or her kindred. Notwithstanding any other provisions to the contrary in this section, the adoption of a child [by his or her stepparent shall] does not in any way change the status of the relationship between the child and [his or her natural parent] any legal parent who is [the spouse of the petitioning stepparent.] a petitioner and whose parental rights have not been terminated.
Sec. 5.85. NRS 127.165 is hereby amended to read as follows:
127.165 1. [The natural parent] A prior parent of a child may not bring an action to set aside an adoption after a petition for adoption has been granted, unless a court of competent jurisdiction has previously, in a separate action:
(a) Set aside the consent to the adoption;
(b) Set aside the relinquishment of the child for adoption; or
(c) Reversed an order terminating the parental rights of the [natural] parent.
2. After a petition for adoption has been granted, there is a presumption for the purposes of this chapter that remaining in the home of the adopting [parent] parents is in the childs best interest.
Sec. 5.9. NRS 127.2827 is hereby amended to read as follows:
127.2827 1. If a child who is in the custody of an agency which provides child welfare services is placed for adoption, the agency must provide the court which is conducting the adoption proceedings with a copy of any order for visitation with a sibling of the child that was issued pursuant to NRS 432B.580 and the court must conduct a hearing to determine whether to include an order for visitation with a sibling in the decree of adoption.
2. The court shall incorporate an order for visitation provided to the court pursuant to subsection 1 into the decree of adoption unless, not later than 30 days after notice of the filing of the petition for adoption is provided to [the] all legal [custodian] custodians or [guardian] guardians of the child who are required to be provided with such notice pursuant to NRS 127.123, any interested party in the adoption, including, without limitation, the adoptive parent, the adoptive child, a sibling of the adoptive child, the agency which provides child welfare services or a licensed child-placing agency petitions the court to exclude the order of visitation with a sibling from the decree of adoption or amend the order for visitation before including the order in the decree of adoption.
3. The hearing on a petition submitted pursuant to subsection 2 must be held on a different date than the hearing on the petition for adoption. Any interested party is entitled to participate in the hearing. The clerk of the court shall give written notice of the time and place of the hearing to the adoptive parent, the adoptive child, a sibling of the adoptive child, the attorney for the adoptive child or a sibling of the adoptive child, the agency which provides child welfare services and a licensed child-placing agency. Upon the petition of a sibling requesting the inclusion of an order for visitation in the decree of adoption, the court may require the agency which provides child welfare services or the child-placing agency to provide the clerk of the court with the contact information of the adoptive parent, the adoptive child and the attorney for the adoptive child. If so ordered, the agency which provides child welfare services or the child-placing agency must provide such contact information under seal.
κ2021 Statutes of Nevada, Page 3408 (CHAPTER 512, AB 115)κ
4. The sole consideration of the court in making a determination concerning visitation with a sibling pursuant to this section is the best interest of the child. If a petition is submitted pursuant to subsection 2, the court must not enter a decree of adoption until the court has made a determination concerning visitation with a sibling.
5. If an order for visitation with a sibling is included in a decree of adoption, the court shall, upon the request of a party to the order, provide to the party the case number of the adoption proceeding and any documents or records necessary to enforce the order.
6. A party to an order for visitation may petition for enforcement of the order at any time while the order is in effect. A person who fails to comply with the order is in contempt of court. If a party to an order for visitation withholds the contact information of any person in violation of the order, the court may order the agency which provides child welfare services or a licensed child-placing agency to provide such contact information to the court under seal.
Secs. 6 and 7. (Deleted by amendment.)
Sec. 8. The preliminary chapter of NRS is hereby amended by adding thereto a new section to read as follows:
Notwithstanding any other provision of law and unless any of the following interpretations is not possible given the context in which a reference is used or a particular statute expressly provides otherwise, if more than two people have a parent and child relationship with a child pursuant to a prior court order, any reference to:
1. The parents of a child, including, without limitation, a reference to two parents of a child or both parents of a child, must be interpreted to include any person whom a court has determined to be a parent of the child.
2. A parent of a child, including, without limitation, a reference to either parent of a child, a natural parent of a child or a father or mother of a child, must be interpreted to include any person whom a court has determined to be a parent of the child.
Sec. 9. (Deleted by amendment.)
Sec. 10. This act becomes effective upon passage and approval.
________
κ2021 Statutes of Nevada, Page 3409κ
Assembly Bill No. 146Assemblywoman Peters
CHAPTER 513
[Approved: June 8, 2021]
AN ACT relating to water; authorizing the State Department of Conservation and Natural Resources to develop plans, recommendations and policies to address water pollution resulting from diffuse sources; revising requirements for regulations adopted by the State Environmental Commission relating to water pollution; revising notice requirements relating to regulations adopted by the Commission; revising various provisions relating to the control of water pollution by the Director of the Department; revising requirements relating to the control of diffuse sources of water pollution; requiring the Director to consult or notify Indian tribes of certain actions relating to water pollution; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth various requirements to control water pollution in this State, including authorizing the State Environmental Commission to prescribe controls for diffuse sources of water pollution. (NRS 445A.570) Section 1.5 of this bill authorizes the State Department of Conservation and Natural Resources to develop plans, recommendations and policies to manage, control and mitigate water pollution from diffuse sources in this State which may include identifying the major categories of diffuse sources that contribute to water pollution in this State.
Section 3.5 of this bill sets forth a legislative declaration that the people of this State have a right to clean water and that it is the policy of this State to mitigate the degradation of the waters of the State.
Section 4 of this bill authorizes the Commission to adopt regulations for controlling the infiltration of contaminants into underground water resulting from contaminated fluids or soil, if the underground water supplies, or may be reasonably expected to supply, a public water system, which may address, without limitation, sewage treatment and effluent disposal, wastewater management and community planning and the management of fluids, effluent and septic systems. Section 1 of this bill makes conforming changes to require the State Board of Health to adopt regulations consistent with the regulations adopted by the Commission, if such regulations impact residential individual systems for the disposal of sewage.
Section 4 also requires the Commission to consider any disproportionate impacts on underserved communities when adopting regulations, standards of water quality and effluent limitations.
Existing law requires the Commission to publish notice of a hearing on a regulation that provides a standard of water quality or waste discharge at least once in a newspaper of general circulation in the area to which the standard will apply, if adopted. (NRS 445A.435) Section 5 of this bill requires the Commission to also publish notice of such a hearing at least once in a digital format that is generally accessible in the area and to any community impacted.
Existing law authorizes the Director of the Department to: (1) perform any acts consistent with the requirements of state and federal legislation concerning the control of the injection of fluids through a well and the control of water pollution; and (2) advise, consult and cooperate with other agencies of the State, the Federal Government, other states, interstate agencies and certain other persons to further certain purposes related to the control of water pollution. (NRS 445A.450) Section 6 of this bill authorizes the Director to submit recommendations to the Commission for the adoption of regulations deemed necessary to control the infiltration of contaminants into underground water resulting from contaminated fluids or soil.
κ2021 Statutes of Nevada, Page 3410 (CHAPTER 513, AB 146)κ
infiltration of contaminants into underground water resulting from contaminated fluids or soil. Section 6 further authorizes the Director to consult and cooperate with Indian tribes when working to control water pollution.
Section 9 of this bill requires the holders of certain permits whose production increases, process modifications or facility expansions result in the infiltration of contaminants into underground waters to report the contamination to the Department.
Existing law requires the Department to notify each interested person and appropriate governmental agency of each complete application for a permit. (NRS 445A.590) Section 13 of this bill requires the Department to notify affected Indian tribes upon receiving a complete application for a permit. Section 14 of this bill requires the Commission to adopt regulations to provide for Indian tribes to request a public hearing on a permit application.
Sections 15-22 of this bill provide that the provisions of this bill are subject to the existing enforcement authority of the Department.
Section 23 of this bill provides that the provisions of this bill do not amend, modify or supersede the provisions of existing law relating to the appropriation of water.
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 444.650 is hereby amended to read as follows:
444.650 1. The State Board of Health shall adopt regulations to control the use of a residential individual system for disposal of sewage in this State. Those regulations are effective except in health districts in which a district board of health has adopted regulations to control the use of a residential individual system for disposal of sewage in that district.
2. A board which adopts such regulations shall consider and take into account the geological, hydrological and topographical characteristics of the area within its jurisdiction.
3. The regulations adopted pursuant to this section must not conflict with the provisions of NRS 445A.300 to 445A.730, inclusive, and any regulations adopted pursuant to those provisions. If any regulations adopted by the State Environmental Commission pursuant to subsection 2 of NRS 445A.425 impact residential individual systems for disposal of sewage, the State Board of Health shall adopt regulations consistent with such regulations adopted by the State Environmental Commission.
4. As used in this section, residential individual system for disposal of sewage means an individual system for disposal of sewage from a parcel of land, including all structures thereon, that is zoned for single-family residential use.
Sec. 1.5. Chapter 445A of NRS is hereby amended by adding thereto a new section to read as follows:
1. In addition to any controls prescribed by the Commission pursuant to NRS 445A.570, the Department may develop plans, recommendations and policies consistent with any applicable federal requirements for diffuse sources to manage, control and mitigate water pollution resulting from diffuse sources. Such plans, recommendations and policies may, without limitation:
(a) Identify surface waters of this State that cannot reasonably be expected to attain or maintain state water quality standards and goals without additional action by the State to control water pollution resulting from diffuse sources;
κ2021 Statutes of Nevada, Page 3411 (CHAPTER 513, AB 146)κ
(b) Identify the major categories of diffuse sources that contribute significant pollution to the surface waters of the State;
(c) Determine methods to facilitate the implementation of the best management practices, projects and measures to control each category of diffuse sources identified pursuant to paragraph (b); and
(d) Identify public and private sources of expertise, technical assistance, financial assistance, education assistance, training and technological resources to address water pollution resulting from diffuse sources.
2. The Department shall make any information received pursuant to paragraph (d) of subsection 1 available to the public upon request.
Secs. 2 and 3. (Deleted by amendment.)
Sec. 3.5. NRS 445A.305 is hereby amended to read as follows:
445A.305 1. The Legislature finds that pollution of water in this State:
(a) Adversely affects public health and welfare;
(b) Is harmful to wildlife, fish and other aquatic life; and
(c) Impairs domestic, agricultural, industrial, recreational and other beneficial uses of water.
2. The Legislature declares that the people of this State have a right to clean water and it is the policy of this State and the purpose of NRS 445A.300 to 445A.730, inclusive [:] , and section 1.5 of this act:
(a) To maintain the quality of the waters of the State consistent with the public health and enjoyment, the propagation and protection of terrestrial and aquatic life, the operation of existing industries, the pursuit of agriculture, and the economic development of the State; [and]
(b) To mitigate the degradation of the waters of the State; and
(c) To encourage and promote the use of methods of waste collection and pollution control for all significant sources of water pollution (including point and diffuse sources).
Sec. 4. NRS 445A.425 is hereby amended to read as follows:
445A.425 1. Except as specifically provided in NRS 445A.625 to 445A.645, inclusive, the Commission shall:
(a) Adopt regulations carrying out the provisions of NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act, including standards of water quality and amounts of waste which may be discharged into the waters of the State.
(b) Adopt regulations providing for the certification of laboratories that perform analyses for the purposes of NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act to detect the presence of hazardous waste or a regulated substance in soil or water.
(c) Adopt regulations controlling the injection of fluids through a well to prohibit those injections into underground water, if it supplies or may reasonably be expected to supply any public water system, as defined in NRS 445A.840, which may result in that systems noncompliance with any regulation regarding primary drinking water or may otherwise have an adverse effect on human health.
(d) Advise, consult and cooperate with other agencies of the State, the Federal Government, other states, interstate agencies and other persons in furthering the provisions of NRS 445A.300 to 445A.730, inclusive [.] , and section 1.5 of this act.
(e) Determine and prescribe the qualifications and duties of the supervisors and technicians responsible for the operation and maintenance of plants for sewage treatment.
κ2021 Statutes of Nevada, Page 3412 (CHAPTER 513, AB 146)κ
2. The Commission may adopt regulations for controlling the infiltration of contaminants into underground water through contaminated fluids or soil where:
(a) The underground water directly supplies a public water system or could be reasonably expected to supply a public water system through a surface-to-groundwater connection; and
(b) The infiltration of contaminants into the public system may result in:
(1) The public water system not complying with any standard or regulation regarding primary drinking water; or
(2) A danger to the health and safety of persons.
Κ Any regulations adopted by the Commission pursuant to this subsection may address, without limitation, sewage treatment and effluent disposal, wastewater management and community planning and the management of fluids, effluent and septic systems.
3. Before adopting any regulations pursuant to subsection 2, the Commission shall:
(a) Consider:
(1) The economic and technological feasibility of the proposed regulations; and
(2) The potential costs for a local government to implement the proposed regulations.
(b) Notify the State Board of Health if the proposed regulations would impact residential individual systems for the disposal of sewage.
4. The Commission may by regulation require that supervisors and technicians responsible for the operation and maintenance of plants for sewage treatment be certified by the Department. The regulations may include a schedule of fees to pay the costs of certification. The provisions of this subsection apply only to a package plant for sewage treatment whose capacity is more than 5,000 gallons per day and to any other plant whose capacity is more than 10,000 gallons per day.
[3.] 5. In adopting regulations, standards of water quality and effluent limitations pursuant to NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act, the Commission shall recognize [the] and consider:
(a) The historical irrigation practices in the respective river basins of this State, the economy thereof and their effects [.] ; and
(b) Any disproportionate impact on underserved communities in the respective river basins of this State.
[4.] 6. The Commission may hold hearings, issue notices of hearings, issue subpoenas requiring the attendance of witnesses and the production of evidence, administer oaths and take testimony as it considers necessary to carry out the provisions of this section and for the purpose of reviewing standards of water quality.
[5.] 7. As used in this section [, plant] :
(a) Block means the smallest geographic unit whose boundaries were designated by the Bureau of the Census of the United States Department of Commerce in its topographically integrated geographic encoding and referencing system.
(b) Block group means a combination of blocks.
(c) Census tract means a combination of blocks whose numbers begin with the same digit.
(d) Plant for sewage treatment means any facility for the treatment, purification or disposal of sewage.
κ2021 Statutes of Nevada, Page 3413 (CHAPTER 513, AB 146)κ
(e) Public water system has the meaning ascribed to it in NRS 445A.840.
(f) Underserved community means:
(1) A census tract in which, in the immediately preceding census:
(I) The median household income was less than 60 percent of the median household income in this State;
(II) At least 25 percent of the households had a household income below the federally designated level signifying poverty; or
(III) At least 20 percent of households were not proficient in the English language; or
(2) A community in this State with at least one public school:
(I) In which 75 percent or more of the enrolled pupils during the immediately preceding school year were eligible for free or reduced-price lunches under the National School Lunch Act, 42 U.S.C. §§ 1751 et seq.; or
(II) That participates in universal meal service pursuant to Section 104 of the Healthy, Hunger-Free Kids Act of 2010, Public Law 111-296.
Sec. 5. NRS 445A.435 is hereby amended to read as follows:
445A.435 If a regulation which is to be considered by the Commission provides a standard of water quality or waste discharge, notice of the hearing on the regulation must be published at least once in [a] :
1. A newspaper of general circulation in the area to which the standard, if adopted, will apply [.] ; and
2. A digital format that is generally accessible in the area and to any affected communities to which the standard, if adopted, will apply. As used in this subsection, digital format includes, without limitation, an online newspaper or community forum.
Sec. 6. NRS 445A.450 is hereby amended to read as follows:
445A.450 The Director may:
1. Perform any acts consistent with the requirements of state and federal legislation concerning the control of the injection of fluids through a well and the control of water pollution and conditions thereof relating to participation in and administration by this State of the National Pollutant Discharge Elimination System;
2. Submit recommendations to the Commission for the adoption of regulations deemed necessary to control the infiltration of contaminants into underground water resulting from contaminated fluids or soils pursuant to NRS 445A.425;
3. Advise, consult and cooperate with other agencies of the State, the Federal Government, other states, interstate agencies , Indian tribes and with other persons in furthering the purposes of NRS 445A.300 to 445A.730, inclusive [;] , and section 1.5 of this act;
[3.] 4. Take the steps necessary to qualify for, accept and administer loans and grants from the Federal Government and from other sources, public or private, for carrying out any functions under NRS 445A.300 to 445A.730, inclusive [;] , and section 1.5 of this act;
[4.] 5. Award subgrants to eligible persons to assist the Director in carrying out any functions under NRS 445A.300 to 445A.730, inclusive [;] , and section 1.5 of this act;
[5.] 6. Encourage, request, participate in or conduct studies, surveys, investigations, research, experiments, demonstrations and pilot programs by contract, grant or other means;
κ2021 Statutes of Nevada, Page 3414 (CHAPTER 513, AB 146)κ
[6.] 7. Maintain or require supervisors and operators of treatment plants which are privately owned or owned by a municipality or other public entity to maintain records and devices for continuing observation and establish or require these supervisors and operators to establish procedures for making inspections and obtaining samples necessary to prepare reports;
[7.] 8. Collect and disseminate information to the public as the Director considers advisable and necessary for the discharge of his or her duties under NRS 445A.300 to 445A.730, inclusive [;] , and section 1.5 of this act;
[8.] 9. Hold hearings and issue subpoenas requiring the attendance of witnesses and the production of evidence as the Director finds necessary to carry out the provisions of NRS 445A.300 to 445A.730, inclusive [;] , and section 1.5 of this act;
[9.] 10. Exercise all incidental powers necessary to carry out the purposes of NRS 445A.300 to 445A.730, inclusive [;] , and section 1.5 of this act; and
[10.] 11. Delegate to the Division any function or authority granted to the Director under NRS 445A.300 to 445A.730, inclusive [.] , and section 1.5 of this act.
Secs. 7 and 8. (Deleted by amendment.)
Sec. 9. NRS 445A.505 is hereby amended to read as follows:
445A.505 1. A holder of a permit for a publicly owned treatment works shall notify and supply the Department with information concerning any new or increased introduction of pollutants into the treatment works.
2. All holders of permits issued under NRS 445A.465 to 445A.510, inclusive, whose production increases, or whose process modifications or facility expansion result in new or increased discharges or injections of fluids through a well shall report such changes by submitting a new application for a permit to the Department.
3. All holders of permits issued under NRS 445A.465 to 445A.510, inclusive, whose production increases, or whose process modifications or facility expansion result in the infiltration of contaminants to underground waters of this State as a result of contaminated fluids or contaminated soils shall report the contamination to the Department.
Secs. 10-12. (Deleted by amendment.)
Sec. 13. NRS 445A.590 is hereby amended to read as follows:
445A.590 1. The Department shall notify each interested person , [and] appropriate governmental agency and affected Indian tribe of each complete application for a permit, and shall provide them an opportunity to submit their written views and recommendations thereon. The provisions of this subsection do not apply to an application for a temporary permit issued pursuant to NRS 445A.485.
2. Notification must be in the manner provided in the regulations adopted by the Commission pursuant to applicable federal law.
3. If the treatment works are to discharge into any waters of this State which flow directly or ultimately into an irrigation reservoir upstream from which are located urban areas in two or more counties and if each county has a population of 55,000 or more, the Department must include in its notification each city, county, unincorporated town and irrigation district located downstream from the point of discharge. Notice to an unincorporated town must be given to the town board or advisory council if there is one.
κ2021 Statutes of Nevada, Page 3415 (CHAPTER 513, AB 146)κ
Sec. 14. NRS 445A.595 is hereby amended to read as follows:
445A.595 The Commission shall provide by regulation:
1. An opportunity for each permit applicant, interested agency, city, county , Indian tribe or irrigation district located downstream from the point of discharge, or any person to request a public hearing conducted by the Director with respect to each permit application; and
2. For public notice of the hearing, at least 30 days before the date of the hearing.
Κ The provisions of this section do not apply to an application for a temporary permit issued pursuant to NRS 445A.485.
Sec. 15. NRS 445A.655 is hereby amended to read as follows:
445A.655 To enforce the provisions of NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act or any regulation, order or permit issued thereunder, the Director or authorized representative of the Department may, upon presenting proper credentials:
1. Enter any premises in which any act violating NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act originates or takes place or in which any required records are required to be maintained;
2. At reasonable times, have access to and copy any records required to be maintained;
3. Inspect any equipment or method for continuing observation; and
4. Have access to and sample any discharges or injection of fluids into waters of the State which result directly or indirectly from activities of the owner or operator of the premises where the discharge originates or takes place or the injection of fluids through a well takes place.
Sec. 16. NRS 445A.675 is hereby amended to read as follows:
445A.675 1. Except as otherwise provided in NRS 445A.707, if the Director finds that any person is engaged or is about to engage in any act or practice which violates any provision of NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act, any standard or other regulation adopted by the Commission pursuant to those sections, or any permit issued by the Department pursuant to those sections, except for any violation of a provision concerning a diffuse source, the Director may:
(a) Issue an order pursuant to NRS 445A.690;
(b) Commence a civil action pursuant to NRS 445A.695 or 445A.700; or
(c) Request that the Attorney General institute by indictment or information a criminal prosecution pursuant to NRS 445A.705 and 445A.710.
2. The remedies and sanctions specified in subsection 1 are cumulative, and the institution of any proceeding or action seeking any one of the remedies or sanctions does not bar any simultaneous or subsequent action or proceeding seeking any other of the remedies or sanctions.
Sec. 17. NRS 445A.680 is hereby amended to read as follows:
445A.680 Except as otherwise provided in NRS 445A.707, if the Director finds that any person is engaged or about to engage in any act or practice which violates any provision of NRS 445A.565 and 445A.570, and section 1.5 of this act, or any standard or other regulation adopted pursuant thereto, with respect to a diffuse source:
1. The Director may issue an order:
(a) Specifying the provision or provisions of NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act or the regulation or order alleged to be violated or about to be violated;
(b) Indicating the facts alleged which constitute a violation thereof; and
κ2021 Statutes of Nevada, Page 3416 (CHAPTER 513, AB 146)κ
(c) Prescribing the necessary corrective action to be taken and a reasonable period for completing that corrective action,
Κ but no civil or criminal penalty may be imposed for failure to obey the order.
2. If the corrective action is not taken or completed, or without the Director first issuing an order:
(a) The Director may commence a civil action pursuant to NRS 445A.695; or
(b) The Department may compel compliance by injunction or other appropriate remedy pursuant to subsection 4 of NRS 445A.700.
Sec. 18. NRS 445A.690 is hereby amended to read as follows:
445A.690 1. Except as otherwise provided in NRS 445A.707, if the Director finds that any person is engaged or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act, or of any rule, regulation or standard promulgated by the Commission, or of any permit or order issued by the Department pursuant to NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act, the Director may issue an order:
(a) Specifying the provision or provisions of NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act or the regulation or order alleged to be violated or about to be violated;
(b) Indicating the facts alleged which constitute a violation thereof; and
(c) Prescribing the necessary corrective action to be taken and a reasonable period for completing that corrective action.
2. Any compliance order is final and is not subject to review unless the person against whom the order is issued, within 30 days after the date on which the order is served, requests by written petition a hearing before the Commission.
Sec. 19. NRS 445A.695 is hereby amended to read as follows:
445A.695 1. Except as otherwise provided in NRS 445A.707, the Director may seek injunctive relief in the appropriate court to prevent the continuance or occurrence of any act or practice which violates any provision of NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act or any permit, rule, regulation or order issued pursuant thereto.
2. On a showing by the Director that a person is engaged, or is about to engage, in any act or any practice which violates or will violate any of the provisions of NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act or any rule, regulation, standard, permit or order issued pursuant to those provisions, the court may issue, without bond, any prohibitory and mandatory injunctions that the facts may warrant, including temporary restraining orders issued ex parte or, after notice and hearing, preliminary injunctions or permanent injunctions.
3. Failure to establish lack of an adequate remedy at law or irreparable harm is not a ground for denying a request for a temporary restraining order or injunction.
4. The court may require the posting of a sufficient performance bond or other security to ensure compliance with the court order within the period prescribed.
Sec. 20. NRS 445A.700 is hereby amended to read as follows:
445A.700 1. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person who violates or aids or abets in the violation of any provision of NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act or of any permit, regulation, standard or final order issued thereunder, except a provision concerning a diffuse source, shall pay a civil penalty of not more than $25,000 for each day of the violation.
κ2021 Statutes of Nevada, Page 3417 (CHAPTER 513, AB 146)κ
thereunder, except a provision concerning a diffuse source, shall pay a civil penalty of not more than $25,000 for each day of the violation. The civil penalty imposed by this subsection is in addition to any other penalties provided pursuant to NRS 445A.300 to 445A.730, inclusive [.] , and section 1.5 of this act.
2. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, in addition to the penalty provided in subsection 1, the Department may recover from the person actual damages to the State resulting from the violation of NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act, any regulation or standard adopted by the Commission, or permit or final order issued by the Department, except the violation of a provision concerning a diffuse source.
3. Damages may include:
(a) Any expenses incurred in removing, correcting and terminating any adverse effects resulting from a discharge or the injection of contaminants through a well; and
(b) Compensation for any loss or destruction of wildlife, fish or aquatic life.
4. In addition to any other remedy provided by this chapter, the Department may compel compliance with any provision of NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act, or of any permit, regulation, standard or final order adopted or issued thereto, by injunction or other appropriate remedy. The Department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.
Sec. 21. NRS 445A.710 is hereby amended to read as follows:
445A.710 1. Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained by the provisions of NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act, or by any permit, rule, regulation or order issued pursuant thereto, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under the provisions of NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act, or by any permit, rule, regulation or order issued pursuant thereto, is guilty of a gross misdemeanor and shall be punished by a fine of not more than $10,000 or by imprisonment in the county jail for not more than 364 days, or by both fine and imprisonment.
2. The penalty imposed by subsection 1 is in addition to any other penalties, civil or criminal, provided pursuant to NRS 445A.300 to 445A.730, inclusive [.] , and section 1.5 of this act.
Sec. 22. NRS 445A.715 is hereby amended to read as follows:
445A.715 Hearings initiated pursuant to NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act shall be held before the Commission and comply with the provisions of such rules and regulations as the Commission may prescribe.
Sec. 23. NRS 445A.725 is hereby amended to read as follows:
445A.725 Nothing in NRS 445A.300 to 445A.730, inclusive, and section 1.5 of this act shall be construed to amend, modify or supersede the provisions of title 48 of NRS or any rule, regulation or order promulgated or issued thereunder by the State Engineer.
Sec. 24. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 23, inclusive, of this act become effective:
κ2021 Statutes of Nevada, Page 3418 (CHAPTER 513, AB 146)κ
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks; and
(b) On January 1, 2022, for all other purposes.
________
Assembly Bill No. 186Assemblymen Nguyen, Roberts, Watts, C.H. Miller, Peters; Anderson, Brown-May, Considine, Dickman, Duran, Flores, Martinez, Matthews, Thomas and Torres
CHAPTER 514
[Approved: June 8, 2021]
AN ACT relating to peace officers; prohibiting a law enforcement agency from requiring a peace officer to issue a certain number of traffic citations or make a certain number of arrests; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides certain rights to peace officers which are commonly known as the Peace Officer Bill of Rights. (NRS 289.020-289.120) This bill creates additional rights for peace officers by prohibiting a law enforcement agency from requiring a peace officer: (1) to issue a certain number of traffic citations; or (2) to make a certain number of arrests.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 289 of NRS is hereby amended by adding thereto a new section to read as follows:
A law enforcement agency shall not order, mandate or require a peace officer to issue a certain number of traffic citations or make a certain number of arrests over any period.
Sec. 2. NRS 289.085 is hereby amended to read as follows:
289.085 If an arbitrator or court determines that evidence was obtained during an investigation of a peace officer concerning conduct that could result in punitive action in a manner which violates any provision of NRS 289.010 to 289.120, inclusive, and section 1 of this act, and that such evidence may be prejudicial to the peace officer, such evidence is inadmissible and the arbitrator or court shall exclude such evidence during any administrative proceeding commenced or civil action filed against the peace officer. If the arbitrator or court further determines that such evidence was obtained by a law enforcement agency in bad faith, the arbitrator or court must dismiss the administrative proceeding or civil action with prejudice.
Sec. 3. This act becomes effective on July 1, 2021.
________
κ2021 Statutes of Nevada, Page 3419κ
Assembly Bill No. 230Assemblymen C.H. Miller, Torres, Nguyen, Flores, Considine; Anderson, Bilbray-Axelrod, Cohen, Duran, Gonzαlez, Hansen, Hardy, Kasama, Krasner, Martinez, Marzola, Monroe-Moreno, ONeill, Orentlicher, Summers-Armstrong, Thomas, Watts, Wheeler and Yeager
Joint Sponsors: Senators Ohrenschall, Neal, Spearman; Denis, Donate and D. Harris
CHAPTER 515
[Approved: June 8, 2021]
AN ACT relating to juvenile justice; eliminating the exclusion of certain offenses from the jurisdiction of the juvenile court; revising provisions relating to the certification of a child for criminal proceedings as an adult; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that the juvenile court has exclusive jurisdiction over a child who is alleged to have committed an act designated as a delinquent act, unless the child is alleged to have committed an offense for which the juvenile court may certify the child for criminal proceedings as an adult and the juvenile court certifies the child for criminal proceedings as an adult upon a motion by the district attorney and after a full investigation. (NRS 62B.330, 62B.390) Certain offenses with age-related conditions are not considered delinquent acts and are therefore excluded from the jurisdiction of the juvenile court such as: (1) murder and attempted murder; (2) sexual assault and attempted sexual assault involving the use or threatened use of force or violence against the victim; (3) an offense or attempted offense involving the use or threatened use of a firearm; (4) certain felonies resulting in death or substantial bodily harm on the property of a school, at an activity sponsored by a school or on a school bus; (5) other category A and B felonies; and (6) any other offense if, before the offense was committed, the person previously had been convicted of a criminal offense. (NRS 62B.330) Section 2 of this bill eliminates the exclusions of: (1) sexual assault and attempted sexual assault involving the use or threatened use of force or violence; and (2) an offense or attempted offense involving the use or threatened use of a firearm from the jurisdiction of the juvenile court, thereby retaining such offenses under the jurisdiction of the juvenile court.
Under existing law, the juvenile court is required to certify a child for criminal proceedings as an adult upon a motion by the district attorney and after a full investigation if the child: (1) is charged with a sexual assault involving the use or threatened use of force or violence against the victim or an offense or attempted offense involving the use or threatened use of a firearm; and (2) was 16 years of age or older at the time the child allegedly committed the offense. (NRS 62B.390) Section 4 of this bill eliminates the mandatory certification of a child as an adult for these offenses and provides instead for the discretionary certification of a child for criminal proceedings as an adult for all offenses over which the juvenile court has exclusive jurisdiction.
κ2021 Statutes of Nevada, Page 3420 (CHAPTER 515, AB 230)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. NRS 62B.330 is hereby amended to read as follows:
62B.330 1. Except as otherwise provided in this title, the juvenile court has exclusive original jurisdiction over a child living or found within the county who is alleged or adjudicated to have committed a delinquent act.
2. For the purposes of this section, a child commits a delinquent act if the child:
(a) Violates a county or municipal ordinance other than those specified in paragraph (f) or (g) of subsection 1 of NRS 62B.320 or an offense related to tobacco;
(b) Violates any rule or regulation having the force of law; or
(c) Commits an act designated a criminal offense pursuant to the laws of the State of Nevada.
3. For the purposes of this section, each of the following acts shall be deemed not to be a delinquent act, and the juvenile court does not have jurisdiction over a person who is charged with committing such an act:
(a) Murder or attempted murder and any other related offense arising out of the same facts as the murder or attempted murder, regardless of the nature of the related offense, if the person was 16 years of age or older when the murder or attempted murder was committed.
(b) [Sexual assault or attempted sexual assault involving the use or threatened use of force or violence against the victim and any other related offense arising out of the same facts as the sexual assault or attempted sexual assault, regardless of the nature of the related offense, if:
(1) The person was 16 years of age or older when the sexual assault or attempted sexual assault was committed; and
(2) Before the sexual assault or attempted sexual assault was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.
(c) An offense or attempted offense involving the use or threatened use of a firearm and any other related offense arising out of the same facts as the offense or attempted offense involving the use or threatened use of a firearm, regardless of the nature of the related offense, if:
(1) The person was 16 years of age or older when the offense or attempted offense involving the use or threatened use of a firearm was committed; and
(2) Before the offense or attempted offense involving the use or threatened use of a firearm was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.
κ2021 Statutes of Nevada, Page 3421 (CHAPTER 515, AB 230)κ
(d)] A felony resulting in death or substantial bodily harm to the victim and any other related offense arising out of the same facts as the felony, regardless of the nature of the related offense, if:
(1) The felony was committed on the property of a public or private school when pupils or employees of the school were present or may have been present, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties; and
(2) The person intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person.
[(e)] (c) A category A or B felony and any other related offense arising out of the same facts as the category A or B felony, regardless of the nature of the related offense, if the person was at least 16 years of age but less than 18 years of age when the offense was committed, and:
(1) The person is not identified by law enforcement as having committed the offense and charged before the person is at least 20 years, 3 months of age, but less than 21 years of age; or
(2) The person is not identified by law enforcement as having committed the offense until the person reaches 21 years of age.
[(f)] (d) Any other offense if, before the offense was committed, the person previously had been convicted of a criminal offense.
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 62B.390 is hereby amended to read as follows:
62B.390 1. Except as otherwise provided in [subsection 2 and] NRS 62B.400, upon a motion by the district attorney and after a full investigation, the juvenile court may certify a child for proper criminal proceedings as an adult to any court that would have jurisdiction to try the offense if committed by an adult, if the child:
(a) Except as otherwise provided in paragraph (b), is charged with an offense that would have been a felony if committed by an adult and was 14 years of age or older at the time the child allegedly committed the offense; or
(b) Is charged with murder or attempted murder and was 13 years of age or older when the murder or attempted murder was committed.
2. [Except as otherwise provided in subsection 3, upon a motion by the district attorney and after a full investigation, the juvenile court shall certify a child for proper criminal proceedings as an adult to any court that would have jurisdiction to try the offense if committed by an adult, if the child:
(a) Is charged with:
(1) A sexual assault involving the use or threatened use of force or violence against the victim; or
(2) An offense or attempted offense involving the use or threatened use of a firearm; and
κ2021 Statutes of Nevada, Page 3422 (CHAPTER 515, AB 230)κ
(b) Was 16 years of age or older at the time the child allegedly committed the offense.
3. The juvenile court shall not certify a child for criminal proceedings as an adult pursuant to subsection 2 if the juvenile court specifically finds by clear and convincing evidence that:
(a) The child is developmentally or mentally incompetent to understand the situation and the proceedings of the court or to aid the childs attorney in those proceedings; or
(b) The child has a substance use disorder or emotional or behavioral problems and the substance use disorder or emotional or behavioral problems may be appropriately treated through the jurisdiction of the juvenile court.
4.] If a child is certified for criminal proceedings as an adult pursuant to subsection 1 , [or 2,] the juvenile court shall also certify the child for criminal proceedings as an adult for any other related offense arising out of the same facts as the offense for which the child was certified, regardless of the nature of the related offense.
[5.] 3. If a child has been certified for criminal proceedings as an adult pursuant to subsection 1 [or 2] and the childs case has been transferred out of the juvenile court:
(a) The court to which the case has been transferred has original jurisdiction over the child;
(b) The child may petition for transfer of the case back to the juvenile court only upon a showing of exceptional circumstances; and
(c) If the childs case is transferred back to the juvenile court, the juvenile court shall determine whether the exceptional circumstances warrant accepting jurisdiction.
Secs. 5-7 and 7.5. (Deleted by amendment.)
Sec. 8. The amendatory provisions of this act apply to an offense committed on or after October 1, 2021.
________
κ2021 Statutes of Nevada, Page 3423κ
Assembly Bill No. 251Assemblymen Krasner, Flores, C.H. Miller; Bilbray-Axelrod, McArthur, Nguyen, ONeill, Orentlicher, Roberts and Thomas
Joint Sponsors: Senators Hardy; Buck, Donate, D. Harris and Ohrenschall
CHAPTER 516
[Approved: June 8, 2021]
AN ACT relating to juvenile justice; establishing provisions relating to the expungement of certain records relating to children; revising provisions concerning the sealing of records relating to children; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes various provisions relating to the sealing of records relating to children. (NRS 62E.275, 62H.100-62H.170) If such records are sealed, existing law provides that: (1) the proceedings recounted in the records are deemed never to have occurred; and (2) the person may reply accordingly to any inquiry concerning the proceedings and the acts which brought about the proceedings. However, existing law authorizes a juvenile court to order the inspection of sealed records by certain persons under certain circumstances. (NRS 62H.170)
Section 4 of this bill establishes provisions relating to the expungement of certain records relating to children. Section 4 authorizes a child 18 years of age or older to petition the juvenile court for an order expunging all records relating to: (1) an unlawful act that, if committed by an adult, would have been a misdemeanor; and (2) an act of a child in need of supervision. Under section 4, if a juvenile court enters an order expunging such records: (1) all proceedings recounted in the records are deemed never to have occurred; (2) the child may reply accordingly to any inquiry concerning the proceedings and the acts which brought about the proceedings; (3) all records in the custody of a probation officer, probation department or law enforcement agency, or any other public officer or agency, must be destroyed within 60 days after the juvenile court issues such an order; and (4) all records in the custody of the juvenile court or any other court must be expunged. Section 4 also: (1) requires the juvenile court to notify the district attorney and the chief probation officer or the Chief of the Youth Parole Bureau, as applicable, if a petition is filed pursuant to section 4; and (2) authorizes certain persons who have evidence that is relevant to the consideration of the petition to testify at the hearing on the petition. Section 7 of this bill makes conforming changes related to the factors considered by the juvenile court in the hearing on the petition. Sections 5 and 6 of this bill make conforming changes to indicate the proper placement of section 4 within the Nevada Revised Statutes.
When a child reaches 21 years of age, existing law requires the automatic sealing of records relating to the child unless the records relate to: (1) a civil judgment which has not expired or been satisfied; or (2) unlawful acts which, if committed by an adult, would have constituted sexual assault, battery with intent to commit sexual assault, lewdness with a child or a felony involving the use or threatened use of force or violence. (NRS 62H.130-62H.150) While retaining the existing exceptions to the automatic sealing provisions, section 7.5 of this bill requires that such records be sealed automatically: (1) within 60 days after the date the child reaches 18 years of age; or (2) if the records relate to a delinquent or unlawful act, criminal charge or act of a child in need of supervision for which a child is subject to the jurisdiction of a juvenile court or other agency when the child reaches 18 years of age, within 60 days after the termination of the jurisdiction of the juvenile court or other agency.
κ2021 Statutes of Nevada, Page 3424 (CHAPTER 516, AB 251)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-3. (Deleted by amendment.)
Sec. 4. Chapter 62H of NRS is hereby amended by adding thereto a new section to read as follows:
1. A child 18 years of age or older may petition the juvenile court for an order expunging all records of the person relating to:
(a) An unlawful act that, if committed by an adult, would have been a misdemeanor; and
(b) An act of a child in need of supervision pursuant to NRS 62B.320.
2. If a petition is filed pursuant to subsection 1, the juvenile court shall notify the district attorney and the chief probation officer or the Chief of the Youth Parole Bureau, as applicable.
3. The district attorney and the chief probation officer or any of their deputies, the Chief of the Youth Parole Bureau or his or her designee or any other person who has evidence that is relevant to the consideration of a petition filed pursuant to subsection 1 may testify at the hearing on the petition.
4. After the hearing on a petition filed pursuant to subsection 1, if the juvenile court finds that the child has been rehabilitated to the satisfaction of the juvenile court, the juvenile court shall enter an order expunging all records described in subsection 1. In determining whether a child has been rehabilitated to the satisfaction of the juvenile court, the juvenile court may consider the factors listed in subsection 5 of NRS 62H.130.
5. If the juvenile court enters an order expunging the records of a child pursuant to this section:
(a) All proceedings recounted in the records are deemed never to have occurred;
(b) The child may reply accordingly to any inquiry concerning the proceedings and the acts which brought about the proceedings;
(c) All records must be:
(1) Expunged that are in the custody of the juvenile court or any other court; and
(2) Destroyed that are in the custody of:
(I) A probation officer, probation department or law enforcement agency; or
(II) Any other public officer or agency.
6. If the juvenile court enters an order expunging the records relating to a child filed pursuant to subsection 1, the juvenile court shall send a copy of the order to each public officer or agency named in the order. Not later than 60 days after receipt of the order, each public officer or agency shall:
(a) Destroy the records in the custody of the public officer or agency, as directed by the order;
(b) Advise the juvenile court of compliance with the order; and
κ2021 Statutes of Nevada, Page 3425 (CHAPTER 516, AB 251)κ
(c) Destroy the copy of the order received by the public officer or agency.
Sec. 5. NRS 62H.100 is hereby amended to read as follows:
62H.100 1. As used in NRS 62H.100 to 62H.170, inclusive, and section 4 of this act, unless the context otherwise requires, records means any records relating to a child who is within the purview of this title and who:
(a) Is taken into custody by a peace officer or a probation officer or is otherwise taken before a probation officer; or
(b) Appears before the juvenile court or any other court pursuant to the provisions of this title.
2. The term includes records of arrest.
Sec. 6. NRS 62H.110 is hereby amended to read as follows:
62H.110 The provisions of NRS 62H.100 to 62H.170, inclusive, and section 4 of this act do not apply to:
1. Information maintained in the standardized system established pursuant to NRS 62H.200;
2. Information that must be collected by the Division of Child and Family Services pursuant to NRS 62H.220;
3. Records that are subject to the provisions of NRS 62F.360; or
4. Records relating to a traffic offense that would have been a misdemeanor if committed by an adult.
Sec. 7. NRS 62H.130 is hereby amended to read as follows:
62H.130 1. If a child is less than 21 years of age, the child or a probation or parole officer on behalf of the child may petition the juvenile court for an order sealing all records relating to the child. Except as otherwise provided in NRS 62E.275, the petition may be filed:
(a) Not earlier than 3 years after the child was last adjudicated in need of supervision, adjudicated delinquent or placed under the supervision of the juvenile court pursuant to NRS 62C.230; and
(b) If, at the time the petition is filed, the child does not have any delinquent or criminal charges pending.
2. If a petition is filed pursuant to this section, the juvenile court shall notify the district attorney and, if a probation or parole officer is not the petitioner, the chief probation officer or the Chief of the Youth Parole Bureau.
3. The district attorney and the chief probation officer or any of their deputies, the Chief of the Youth Parole Bureau or his or her designee, or any other person who has evidence that is relevant to consideration of the petition may testify at the hearing on the petition.
4. Except as otherwise provided in subsection 6, after the hearing on the petition, if the juvenile court finds that during the applicable 3-year period, the child has not been convicted of a felony or of any misdemeanor involving moral turpitude and the child has been rehabilitated to the satisfaction of the juvenile court, the juvenile court:
(a) May enter an order sealing all records relating to the child if the child is less than 18 years of age; and
(b) Shall enter an order sealing all records relating to the child if the child is 18 years of age or older.
5. In determining whether a child has been rehabilitated to the satisfaction of the juvenile court pursuant to subsection 4 [,] or subsection 4 of section 4 of this act, the juvenile court may consider:
κ2021 Statutes of Nevada, Page 3426 (CHAPTER 516, AB 251)κ
(a) The age of the child;
(b) The nature of the offense and the role of the child in the commission of the offense;
(c) The behavior of the child after the child was last adjudicated in need of supervision or adjudicated delinquent, placed under the informal supervision of a probation officer pursuant to NRS 62C.200 or placed under the supervision of the juvenile court pursuant to NRS 62C.230;
(d) The response of the child to any treatment or rehabilitation program;
(e) The education and employment history of the child;
(f) The statement of the victim;
(g) The nature of any criminal offense for which the child was convicted;
(h) Whether [the sealing of the record] granting the petition would be in the best interest of the child and the State; and
(i) Any other circumstance that may relate to the rehabilitation of the child.
6. If the juvenile court retains jurisdiction over a civil judgment and a person against whom the civil judgment was entered pursuant to NRS 62B.420, the case caption, case number and order entering the civil judgment must not be sealed until the civil judgment is satisfied or expires. After the civil judgment is satisfied or expires, the child or a person named as a judgment debtor may file a petition to seal such information.
Sec. 7.5. NRS 62H.140 is hereby amended to read as follows:
62H.140 1. Except as otherwise provided in subsection 2 and NRS 62H.130 and 62H.150, when a child reaches [21] 18 years of age, all records relating to the child must be sealed automatically [.] within 60 days after the date the child reaches 18 years of age.
2. A record relating to a delinquent or unlawful act, criminal charge or act of a child in need of supervision pursuant to NRS 62B.320 for which a child is subject to the jurisdiction of a juvenile court or other agency when the child reaches 18 years of age, including, without limitation, a record relating to a pending delinquent or criminal charge, must be sealed automatically within 60 days after the termination of the jurisdiction of the juvenile court or other agency.
Secs. 8 and 9. (Deleted by amendment.)
Sec. 10. This act becomes effective on December 31, 2021.
________
κ2021 Statutes of Nevada, Page 3427κ
Assembly Bill No. 287Assemblywomen Monroe-Moreno; Peters and Thomas
CHAPTER 517
[Approved: June 8, 2021]
AN ACT relating to health care; revising certain terminology relating to pregnancy and birth; providing for the licensing and regulation of freestanding birthing centers; requiring a freestanding birthing center to perform certain screening, report certain information to the local health officer and make certain information available to the Chief Medical Officer; authorizing the Maternal Mortality Review Committee to access certain information; eliminating the licensing and regulation of obstetric centers; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a midwife to perform certain duties relating to the registration of a birth and the care of a person who is pregnant or a newborn infant. (NRS 440.280, 440.340. 440.740, 440.770, 442.008, 442.030-442.110, 442.600-442.680) Sections 1.1 and 3 of this bill define the term midwife for those purposes to include a Certified Professional Midwife, a Certified Nurse-Midwife or any other type of midwife. Sections 1.3-2.9, 4-9.7, 29.5 and 33.5 of this bill replace the term mother and similar terms with references to a person who is pregnant, a person giving birth, a person who gave birth or a person who has given birth, as appropriate, for purposes relating to vital statistics, maternal and child health and medical facilities and related entities. Section 22 of this bill replaces the term gender transition with the term gender-affirming surgery. Section 23 of this bill replaces a reference to lesbian, gay, bisexual, transgender and questioning persons with a reference to persons with various sexual orientations and gender identities and expressions.
Existing law: (1) defines the term obstetric center to mean a facility that is not part of a hospital and provides services for normal, uncomplicated births; and (2) provides for the regulation of an obstetric center as a medical facility. (NRS 449.0155, 449.0302) Sections 1, 1.9, 2, 4, 5, 36.3 and 36.7 of this bill replace the term obstetric center with the term freestanding birthing center. Sections 3 and 11 of this bill define the term freestanding birthing center to mean a facility that provides maternity care and birthing services in a location similar to a residence. Section 13 of this bill makes a conforming change to indicate the proper placement of section 11 in the Nevada Revised Statutes. Sections 13.5 and 34.5 of this bill require a freestanding birthing center to be licensed as a medical facility and comply with provisions governing medical facilities. Section 36.5 of this bill declares existing regulations governing obstetric centers void, and sections 16.5 and 36.5 of this bill require the State Board of Health to adopt specific regulations governing the licensure and operation of freestanding birthing centers. Section 29.5 of this bill: (1) requires a freestanding birthing center to meet certain requirements currently applicable to obstetric centers; (2) requires a freestanding birthing center to be located within 30 miles of a hospital that offers services relating to pregnancy and newborn infants; (3) prohibits the performance of surgery at a freestanding birthing center; and (4) requires a freestanding birthing center to have a director who possesses certain qualifications. Section 36.7 of this bill repeals certain unnecessary definitions, and sections 34.2, 34.7 and 34.9 of this bill make conforming changes to add or remove references to those definitions.
κ2021 Statutes of Nevada, Page 3428 (CHAPTER 517, AB 287)κ
Existing law: (1) requires the Maternal Mortality Review Committee to investigate each case of maternal mortality in this State; and (2) authorizes the Committee to access certain information in the performance of its duties. (NRS 442.767, 442.774) Existing law requires the Chief Medical Officer to establish and maintain a system for the reporting of information on cancer and other neoplasms. (NRS 457.230) Section 9.7 of this bill authorizes the Committee to access information in that system.
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 439.805 is hereby amended to read as follows:
439.805 Medical facility means:
1. A hospital, as that term is defined in NRS 449.012 and 449.0151;
2. [An obstetric center,] A freestanding birthing center, as that term is defined in [NRS 449.0151 and 449.0155;] section 11 of this act;
3. A surgical center for ambulatory patients, as that term is defined in NRS 449.0151 and 449.019; and
4. An independent center for emergency medical care, as that term is defined in NRS 449.013 and 449.0151.
Sec. 1.1. Chapter 440 of NRS is hereby amended by adding thereto a new section to read as follows:
As used in this chapter, midwife means:
1. A person certified as:
(a) A Certified Professional Midwife by the North American Registry of Midwives, or its successor organization; or
(b) A Certified Nurse-Midwife by the American Midwifery Certification Board, or its successor organization; or
2. Any other type of midwife.
Sec. 1.3. NRS 440.030 is hereby amended to read as follows:
440.030 As used in this chapter, live birth means a birth in which the child shows evidence of life after complete birth. A birth is complete when the child is entirely outside the [mother,] person giving birth, even if the cord is uncut and the placenta still attached. The words evidence of life include heart action, breathing or coordinated movement of voluntary muscle.
Sec. 1.6. NRS 440.280 is hereby amended to read as follows:
440.280 1. If a birth occurs in a hospital or the [mother] person giving birth and child are immediately transported to a hospital, the person in charge of the hospital or his or her designated representative shall obtain the necessary information, prepare a birth certificate, secure the signatures required by the certificate and file it within 10 days with the health officer of the registration district where the birth occurred. The physician in attendance shall provide the medical information required by the certificate and certify to the fact of birth within 72 hours after the birth. If the physician does not certify to the fact of birth within the required 72 hours, the person in charge of the hospital or the designated representative shall complete and sign the certification.
κ2021 Statutes of Nevada, Page 3429 (CHAPTER 517, AB 287)κ
2. If a birth occurs outside a hospital and the [mother] person giving birth and child are not immediately transported to a hospital, the birth certificate must be prepared and filed by one of the following persons in the following order of priority:
(a) The physician in attendance at or immediately after the birth.
(b) Any other person in attendance at or immediately after the birth.
(c) The [father, mother] person giving birth or [,] other parent, or if the [father] other parent is absent and the [mother] person giving birth is incapacitated, the person in charge of the premises where the birth occurred.
3. If a birth occurs in a moving conveyance, the place of birth is the place where the child is removed from the conveyance.
4. In cities, the certificate of birth must be filed sooner than 10 days after the birth if so required by municipal ordinance or regulation.
5. If the [mother] person giving birth was:
(a) Married at the time of birth, the name of [her] the spouse of that person must be entered on the certificate as the other parent of the child unless:
(1) A court has issued an order establishing that a person other than the [mothers] spouse of the person giving birth is the other parent of the child; or
(2) The [mother] person giving birth and a person other than the [mothers] spouse of the person giving birth have signed a declaration for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283 or a declaration for the voluntary acknowledgment of parentage developed by the Board pursuant to NRS 440.285.
(b) Widowed at the time of birth but married at the time of conception, the name of [her] the spouse of the person giving birth at the time of conception must be entered on the certificate as the other parent of the child unless:
(1) A court has issued an order establishing that a person other than the [mothers] spouse of the person giving birth at the time of conception is the other parent of the child; or
(2) The [mother] person giving birth and a person other than the [mothers] spouse of the person giving birth at the time of conception have signed a declaration for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283 or a declaration for the voluntary acknowledgment of parentage developed by the Board pursuant to NRS 440.285.
6. If the [mother] person giving birth was unmarried at the time of birth, the name of the other parent may be entered on the original certificate of birth only if:
(a) The provisions of paragraph (b) of subsection 5 are applicable;
(b) A court has issued an order establishing that the person is the other parent of the child; or
(c) The parents of the child have signed a declaration for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283 or a declaration for the voluntary acknowledgment of parentage developed by the Board pursuant to NRS 440.285. If both parents execute a declaration consenting to the use of the surname of one parent as the surname of the child, the name of that parent must be entered on the original certificate of birth and the surname of that parent must be entered thereon as the surname of the child.
κ2021 Statutes of Nevada, Page 3430 (CHAPTER 517, AB 287)κ
7. An order entered or a declaration executed pursuant to subsection 6 must be submitted to the local health officer, the local health officers authorized representative, or the attending physician or midwife before a proper certificate of birth is forwarded to the State Registrar. The order or declaration must then be delivered to the State Registrar for filing. The State Registrars file of orders and declarations must be sealed and the contents of the file may be examined only upon order of a court of competent jurisdiction or at the request of either parent or the Division of Welfare and Supportive Services of the Department of Health and Human Services as necessary to carry out the provisions of 42 U.S.C. § 654a. The local health officer shall complete the original certificate of birth in accordance with subsection 6 and other provisions of this chapter.
8. As used in this section, court has the meaning ascribed to it in NRS 125B.004.
Sec. 1.9. NRS 440.283 is hereby amended to read as follows:
440.283 1. The Board shall:
(a) Develop a declaration to be signed under penalty of perjury for the voluntary acknowledgment of paternity in this State that complies with the requirements prescribed by the Secretary of Health and Human Services pursuant to 42 U.S.C. § 652(a); and
(b) Distribute the declarations to:
(1) Each hospital or [obstetric center] freestanding birthing center in this State; and
(2) Any other entity authorized to provide services relating to the voluntary acknowledgment of paternity pursuant to the regulations adopted by the Secretary of Health and Human Services pursuant to 42 U.S.C. § 666(a)(5)(C).
2. Subject to the provisions of subsection 3, the State Registrar of Vital Statistics and the entities described in paragraph (b) of subsection 1 shall offer to provide services relating to the voluntary acknowledgment of paternity in the manner prescribed in the regulations adopted by the Secretary of Health and Human Services pursuant to 42 U.S.C. § 666(a)(5)(C).
3. Before providing a declaration for the acknowledgment of paternity to the [mother of] person who gave birth to a child or a person who wishes to acknowledge the paternity of the child, the agencies described in paragraph (b) of subsection 1 shall ensure that the [mother] person who gave birth and the person who wishes to acknowledge paternity are given notice, orally and in writing, of the rights, responsibilities and legal consequences of, and the alternatives to, signing the declaration for the acknowledgment of paternity.
Sec. 2. NRS 440.285 is hereby amended to read as follows:
440.285 1. The Board shall:
(a) Develop a declaration to be signed under penalty of perjury for the voluntary acknowledgment of parentage in this State; and
(b) Distribute the declarations to each hospital or [obstetric center] freestanding birthing center in this State.
2. Before providing a declaration for the acknowledgment of parentage to the [mother of] person who gave birth to a child or a person who wishes to acknowledge the parentage of a child, the agencies described in paragraph (b) of subsection 1 shall ensure that the [mother] person who gave birth and the person who wishes to acknowledge parentage are given notice, orally and in writing, of the rights, responsibilities and legal consequences of, and the alternatives to, signing the declaration for the acknowledgment of parentage.
κ2021 Statutes of Nevada, Page 3431 (CHAPTER 517, AB 287)κ
in writing, of the rights, responsibilities and legal consequences of, and the alternatives to, signing the declaration for the acknowledgment of parentage.
Sec. 2.3. NRS 440.287 is hereby amended to read as follows:
440.287 1. If a [mother] person who has given birth or a person who has signed a declaration for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283 or a declaration for the voluntary acknowledgment of parentage developed by the Board pursuant to NRS 440.285 with the [mother] person who has given birth rescinds the acknowledgment pursuant to subsection 2 of NRS 126.053, the State Registrar shall not issue a new certificate of birth to remove the name of the person who originally acknowledged paternity or parentage, as applicable, unless a court issues an order establishing that the person who acknowledged paternity or parentage, as applicable, is not the father or parent, as applicable, of the child.
2. As used in this section, court has the meaning ascribed to it in NRS 125B.004.
Sec. 2.6. NRS 440.325 is hereby amended to read as follows:
440.325 1. In the case of the paternity or parentage of a child being established by the:
(a) [Mother] Person who gave birth and [father] other parent acknowledging paternity of a child by signing a declaration for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283;
(b) [Mother] Person who gave birth and another person acknowledging parentage of the child by signing a declaration for the voluntary acknowledgment of parentage developed by the Board pursuant to NRS 440.285; or
(c) Order of a district court,
Κ the State Registrar, upon the receipt of the declaration or court order, shall prepare a new certificate of birth in the name of the child as shown in the declaration or order with no reference to the fact of legitimation.
2. The new certificate must be identical with the certificate registered for the birth of a child born in wedlock.
3. Except as otherwise provided in subsection 4, the evidence upon which the new certificate was made and the original certificate must be sealed and filed and may be opened only upon the order of a court of competent jurisdiction.
4. The State Registrar shall, upon the request of the Division of Welfare and Supportive Services of the Department of Health and Human Services, open a file that has been sealed pursuant to subsection 3 to allow the Division to compare the information contained in the declaration or order upon which the new certificate was made with the information maintained pursuant to 42 U.S.C. § 654a.
Sec. 2.9. NRS 440.610 is hereby amended to read as follows:
440.610 Each certificate, as provided for in this chapter, filed within 6 months after the time prescribed for their filing, shall be prima facie evidence of the facts therein stated. Data pertaining to the [father of] parent who did not give birth to a child is such evidence if the alleged [father] parent is, or becomes, the [husband] spouse of the [mother] person who gave birth to the child in a legal marriage; if not, the data pertaining to the [father of] parent who did not give birth to a child is not such evidence in any civil or criminal proceeding adverse to the interests of the alleged father, or of his heirs, devisees or other successors in interest, if the paternity is controverted.
κ2021 Statutes of Nevada, Page 3432 (CHAPTER 517, AB 287)κ
proceeding adverse to the interests of the alleged father, or of his heirs, devisees or other successors in interest, if the paternity is controverted.
Sec. 3. NRS 442.003 is hereby amended to read as follows:
442.003 As used in this chapter, unless the context requires otherwise:
1. Advisory Board means the Advisory Board on Maternal and Child Health.
2. Department means the Department of Health and Human Services.
3. Director means the Director of the Department.
4. Division means the Division of Public and Behavioral Health of the Department.
5. Fetal alcohol syndrome includes fetal alcohol effects.
6. Freestanding birthing center has the meaning ascribed to it in section 11 of this act.
7. Laboratory has the meaning ascribed to it in NRS 652.040.
[7. Obstetric center has the meaning ascribed to it in NRS 449.0155.]
8. Midwife means:
(a) A person certified as:
(1) A Certified Professional Midwife by the North American Registry of Midwives, or its successor organization; or
(2) A Certified Nurse-Midwife by the American Midwifery Certification Board, or its successor organization; or
(b) Any other type of midwife.
9. Provider of health care or other services means:
(a) A clinical alcohol and drug counselor who is licensed, or an alcohol and drug counselor who is licensed or certified, pursuant to chapter 641C of NRS;
(b) A physician or a physician assistant who is licensed pursuant to chapter 630 or 633 of NRS and who practices in the area of obstetrics and gynecology, family practice, internal medicine, pediatrics or psychiatry;
(c) A licensed nurse;
(d) A licensed psychologist;
(e) A licensed marriage and family therapist;
(f) A licensed clinical professional counselor;
(g) A licensed social worker;
(h) A licensed dietitian; or
(i) The holder of a certificate of registration as a pharmacist.
Sec. 4. NRS 442.008 is hereby amended to read as follows:
442.008 1. The State Board of Health shall adopt regulations governing examinations and tests required for the discovery in infants of preventable or inheritable disorders, including tests for the presence of sickle cell disease and its variants and sickle cell trait.
2. Except as otherwise provided in this subsection, the examinations and tests required pursuant to subsection 1 must include tests and examinations for each disorder recommended to be screened by the Health Resources and Services Administration of the United States Department of Health and Human Services by not later than 4 years after the recommendation is published. The State Board may exclude any such disorder upon request of the Chief Medical Officer or the person in charge of the State Public Health Laboratory based on:
(a) Insufficient funding to conduct testing for the disorder; or
(b) Insufficient resources to address the results of the examination and test.
κ2021 Statutes of Nevada, Page 3433 (CHAPTER 517, AB 287)κ
3. Any examination or test required by the regulations adopted pursuant to subsection 1 which must be performed by a laboratory must be sent to the State Public Health Laboratory. If the State Public Health Laboratory increases the amount charged for performing such an examination or test pursuant to NRS 439.240, the Division shall hold a public hearing during which the State Public Health Laboratory shall provide to the Division a written and verbal fiscal analysis of the reasons for the increased charges.
4. Except as otherwise provided in subsection 7, the regulations adopted pursuant to subsection 1 concerning tests for the presence of sickle cell disease and its variants and sickle cell trait must require the screening for sickle cell disease and its variants and sickle cell trait of:
(a) Each newborn child who is susceptible to sickle cell disease and its variants and sickle cell trait as determined by regulations of the State Board of Health; and
(b) Each biological parent of a child who wishes to undergo such screening.
5. Any physician, midwife, nurse, [obstetric center] freestanding birthing center or hospital of any nature attending or assisting in any way any infant, or the [mother of] person who gave birth to any infant, at childbirth shall:
(a) Make or cause to be made an examination of the infant, including standard tests that do not require laboratory services, to the extent required by regulations of the State Board of Health as is necessary for the discovery of conditions indicating such preventable or inheritable disorders.
(b) Collect and send to the State Public Health Laboratory or cause to be collected and sent to the State Public Health Laboratory any specimens needed for the examinations and tests that must be performed by a laboratory and are required by the regulations adopted pursuant to subsection 1.
6. If the examination and tests reveal the existence of such conditions in an infant, the physician, midwife, nurse, [obstetric center] freestanding birthing center or hospital attending or assisting at the birth of the infant shall immediately:
(a) Report the condition to the Chief Medical Officer or the representative of the Chief Medical Officer, the local health officer of the county or city within which the infant or the [mother of] person who gave birth to the infant resides, and the local health officer of the county or city in which the child is born; and
(b) Discuss the condition with the parent, parents or other persons responsible for the care of the infant and inform them of the treatment necessary for the amelioration of the condition.
7. An infant is exempt from examination and testing if either parent files a written objection with the person or institution responsible for making the examination or tests.
8. As used in this section, sickle cell disease and its variants has the meaning ascribed to it in NRS 439.4927.
Sec. 5. NRS 442.040 is hereby amended to read as follows:
442.040 1. Any physician, midwife, nurse, [obstetric center] freestanding birthing center or hospital of any nature, parent, relative or person attending or assisting in any way any infant, or the [mother of] person who gave birth to any infant, at childbirth, or any time within 2 weeks after childbirth, knowing the condition defined in NRS 442.030 to exist, shall immediately report such fact in writing to the local health officer of the county, city or other political subdivision within which the infant or the [mother of] person who gave birth to any infant may reside.
κ2021 Statutes of Nevada, Page 3434 (CHAPTER 517, AB 287)κ
county, city or other political subdivision within which the infant or the [mother of] person who gave birth to any infant may reside.
2. Midwives shall immediately report conditions to some qualified practitioner of medicine and thereupon withdraw from the case except as they may act under the physicians instructions.
3. On receipt of such report, the health officer, or the physician notified by a midwife, shall immediately give to the parents or persons having charge of such infant a warning of the dangers to the eye or eyes of the infant, and shall, for indigent cases, provide the necessary treatment at the expense of the county, city or other political subdivision.
Sec. 6. (Deleted by amendment.)
Sec. 6.3. NRS 442.130 is hereby amended to read as follows:
442.130 1. The Department is hereby designated as the agency of this State to administer, through the Division, a maternal and child health program, and to supervise the administration of those services included in the program which are not administered directly by it.
2. The purpose of such program shall be to develop, extend and improve health services, and to provide for development of demonstration services in needy areas for [mothers] persons who are pregnant, are giving birth or have given birth and children.
Sec. 6.7. NRS 442.137 is hereby amended to read as follows:
442.137 The purpose of the Advisory Board is to advise the Administrator of the Division concerning perinatal care to enhance the survivability and health of infants and [mothers,] persons who are pregnant, are giving birth and have given birth, and concerning programs to improve the health of preschool children, to achieve the following objectives:
1. Ensuring the availability and accessibility of primary care health services;
2. Reducing the rate of infant mortality;
3. Reducing the incidence of preventable diseases and handicapping conditions among children;
4. Identifying the most effective methods of preventing fetal alcohol syndrome and collecting information relating to the incidence of fetal alcohol syndrome in this state;
5. Preventing the consumption of alcohol by women during pregnancy;
6. Reducing the need for inpatient and long-term care services;
7. Increasing the number of children who are appropriately immunized against disease;
8. Increasing the number of children from low-income families who are receiving assessments of their health;
9. Ensuring that services to follow up the assessments are available, accessible and affordable to children identified as in need of those services;
10. Assisting the Division in developing a program of public education that it is required to develop pursuant to NRS 442.385, including, without limitation, preparing and obtaining information relating to fetal alcohol syndrome;
11. Assisting the University of Nevada School of Medicine in reviewing, amending and distributing the guidelines it is required to develop pursuant to NRS 442.390; and
12. Promoting the health of infants and [mothers] persons who are pregnant, are giving birth or have given birth by ensuring the availability and accessibility of affordable perinatal services.
κ2021 Statutes of Nevada, Page 3435 (CHAPTER 517, AB 287)κ
Sec. 7. (Deleted by amendment.)
Sec. 7.2. NRS 442.400 is hereby amended to read as follows:
442.400 The agency which provides child welfare services or a licensed child-placing agency shall inquire, during its initial contact with a natural parent of a child who is to be placed for adoption, about consumption of alcohol by or any substance use disorder of the [mother of] person who gave birth to the child during pregnancy. The information obtained from the inquiry must be:
1. Included in the report provided to the adopting parents of the child pursuant to NRS 127.152; and
2. Reported to the Division on a form prescribed by the Division. The report must not contain any identifying information and may be used only for statistical purposes.
Sec. 7.5. NRS 442.405 is hereby amended to read as follows:
442.405 1. The agency which provides child welfare services shall inquire, during its initial contact with a natural parent of a child who is to be placed in a family foster home, about consumption of alcohol by or any substance use disorder of the [mother of] person who gave birth to the child during pregnancy. The information obtained from the inquiry must be:
(a) Provided to the provider of foster care pursuant to NRS 424.038; and
(b) Reported to the Division on a form prescribed by the Division. The report must not contain any identifying information and may be used only for statistical purposes.
2. As used in this section, family foster home has the meaning ascribed to it in NRS 424.013.
Sec. 7.7. NRS 442.410 is hereby amended to read as follows:
442.410 An agency which provides child welfare services shall inquire, during its initial contact with a natural parent of a child whom a court has determined must be kept in temporary or permanent custody, about consumption of alcohol by or any substance use disorder of the [mother of] person who gave birth to the child during pregnancy. The information obtained from the inquiry must be:
1. Included in the report the agency is required to make pursuant to NRS 432B.540; and
2. Reported to the Division on a form prescribed by the Division. The report must not contain any identifying information and may be used only for statistical purposes.
Sec. 8. (Deleted by amendment.)
Sec. 8.5. NRS 442.650 is hereby amended to read as follows:
442.650 A provider of health care who attends or assists at the delivery of a child shall, if the [mother] person giving birth has not been tested for the human immunodeficiency virus earlier during her pregnancy or the results of an earlier test are not available, ensure that a rapid test for the human immunodeficiency virus is performed on the child unless a parent or legal guardian of the child objects to the performance of the test because it is contrary to the religious beliefs of the parent or legal guardian.
Sec. 9. (Deleted by amendment.)
Sec. 9.3. NRS 442.761 is hereby amended to read as follows:
442.761 Severe maternal morbidity means an unexpected incident during childbirth that has a serious negative effect on the short-term or long-term health of the [mother.] person who is giving birth or has given birth to a child.
κ2021 Statutes of Nevada, Page 3436 (CHAPTER 517, AB 287)κ
Sec. 9.7. NRS 442.774 is hereby amended to read as follows:
442.774 1. The Committee is entitled to access to:
(a) All final investigative information of law enforcement agencies regarding a maternal death or incident of severe maternal morbidity being investigated by the Committee for which the investigation by the law enforcement agency has been closed;
(b) Any autopsy and coroners investigative records relating to the death or incident;
(c) Any medical or mental health records of the [mother;] person who gave birth to a child;
(d) Any records of social and rehabilitative services or of any other social service agency which has provided services to the [mother] person who gave birth to a child or the [mothers] family [; and] of the person who gave birth to a child;
(e) The system for the reporting of information on cancer and other neoplasms established pursuant to NRS 457.230; and
(f) Any other records determined by the Committee to be necessary to perform its duties, except for records of a law enforcement agency not described in paragraph (a).
2. The Committee may, if appropriate, meet and share information with:
(a) A multidisciplinary team to review the death of the victim of a crime that constitutes domestic violence organized or sponsored pursuant to NRS 217.475; or
(b) The Committee on Domestic Violence appointed pursuant to NRS 228.470.
3. The Committee may petition the district court for the issuance of, and the district court may issue, a subpoena to compel the production of any books, records or papers described in subsection 1 that are relevant to the cause of any death or incident of severe maternal morbidity being investigated by the Committee. Except as otherwise provided in NRS 239.0115, any books, records or papers received by the Committee pursuant to the subpoena shall be deemed confidential and privileged and not subject to disclosure.
4. The Committee may use data collected concerning a maternal death or incident of severe maternal morbidity for the purpose of research or to prevent future maternal mortality and severe maternal morbidity if the data is aggregated and does not allow for the identification of any person.
5. Except as otherwise provided in this section, information acquired by, and the records of, the Committee are confidential, are not public records, must not be disclosed, and are not subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding.
6. The meetings of the Committee are closed to the public.
Sec. 10. (Deleted by amendment.)
Sec. 11. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:
Freestanding birthing center means a facility that provides maternity care and birthing services using a family-centered approach in which births are planned to occur in a location similar to a residence that is not the usual place of residence of the person giving birth to a child.
Sec. 12. (Deleted by amendment.)
κ2021 Statutes of Nevada, Page 3437 (CHAPTER 517, AB 287)κ
Sec. 13. NRS 449.001 is hereby amended to read as follows:
449.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 449.0015 to 449.0195, inclusive, and section 11 of this act have the meanings ascribed to them in those sections.
Sec. 13.5. NRS 449.0151 is hereby amended to read as follows:
449.0151 Medical facility includes:
1. A surgical center for ambulatory patients;
2. [An obstetric center;] A freestanding birthing center;
3. An independent center for emergency medical care;
4. An agency to provide nursing in the home;
5. A facility for intermediate care;
6. A facility for skilled nursing;
7. A facility for hospice care;
8. A hospital;
9. A psychiatric hospital;
10. A facility for the treatment of irreversible renal disease;
11. A rural clinic;
12. A nursing pool;
13. A facility for modified medical detoxification;
14. A facility for refractive surgery;
15. A mobile unit; and
16. A community triage center.
Secs. 14-16. (Deleted by amendment.)
Sec. 16.5. NRS 449.0302 is hereby amended to read as follows:
449.0302 1. The Board shall adopt:
(a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.029 to 449.2428, inclusive, and for programs of hospice care.
(b) Regulations governing the licensing of such facilities and programs.
(c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his or her home without being considered a residential facility for groups pursuant to NRS 449.017. The regulations must require that such grants are effective only if made in writing.
(d) Regulations establishing a procedure for the indemnification by the Division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive surgery pursuant to NRS 449.068 or 449.069, of a patient of the facility who has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.
(e) Regulations that prescribe the specific types of discrimination prohibited by NRS 449.101.
(f) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.029 to 449.2428, inclusive.
2. The Board shall adopt separate regulations governing the licensing and operation of:
(a) Facilities for the care of adults during the day; and
(b) Residential facilities for groups,
Κ which provide care to persons with Alzheimers disease or other severe dementia, as described in paragraph (a) of subsection 2 of NRS 449.1845.
3. The Board shall adopt separate regulations for:
(a) The licensure of rural hospitals which take into consideration the unique problems of operating such a facility in a rural area.
κ2021 Statutes of Nevada, Page 3438 (CHAPTER 517, AB 287)κ
(b) The licensure of facilities for refractive surgery which take into consideration the unique factors of operating such a facility.
(c) The licensure of mobile units which take into consideration the unique factors of operating a facility that is not in a fixed location.
4. The Board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.
5. In addition to the training requirements prescribed pursuant to NRS 449.093, the Board shall establish minimum qualifications for administrators and employees of residential facilities for groups. In establishing the qualifications, the Board shall consider the related standards set by nationally recognized organizations which accredit such facilities.
6. The Board shall adopt separate regulations regarding the assistance which may be given pursuant to NRS 453.375 and 454.213 to an ultimate user of controlled substances or dangerous drugs by employees of residential facilities for groups. The regulations must require at least the following conditions before such assistance may be given:
(a) The ultimate users physical and mental condition is stable and is following a predictable course.
(b) The amount of the medication prescribed is at a maintenance level and does not require a daily assessment.
(c) A written plan of care by a physician or registered nurse has been established that:
(1) Addresses possession and assistance in the administration of the medication; and
(2) Includes a plan, which has been prepared under the supervision of a registered nurse or licensed pharmacist, for emergency intervention if an adverse condition results.
(d) Except as otherwise authorized by the regulations adopted pursuant to NRS 449.0304, the prescribed medication is not administered by injection or intravenously.
(e) The employee has successfully completed training and examination approved by the Division regarding the authorized manner of assistance.
7. The Board shall adopt separate regulations governing the licensing and operation of residential facilities for groups which provide assisted living services. The Board shall not allow the licensing of a facility as a residential facility for groups which provides assisted living services and a residential facility for groups shall not claim that it provides assisted living services unless:
(a) Before authorizing a person to move into the facility, the facility makes a full written disclosure to the person regarding what services of personalized care will be available to the person and the amount that will be charged for those services throughout the residents stay at the facility.
(b) The residents of the facility reside in their own living units which:
(1) Except as otherwise provided in subsection 8, contain toilet facilities;
(2) Contain a sleeping area or bedroom; and
(3) Are shared with another occupant only upon consent of both occupants.
κ2021 Statutes of Nevada, Page 3439 (CHAPTER 517, AB 287)κ
(c) The facility provides personalized care to the residents of the facility and the general approach to operating the facility incorporates these core principles:
(1) The facility is designed to create a residential environment that actively supports and promotes each residents quality of life and right to privacy;
(2) The facility is committed to offering high-quality supportive services that are developed by the facility in collaboration with the resident to meet the residents individual needs;
(3) The facility provides a variety of creative and innovative services that emphasize the particular needs of each individual resident and the residents personal choice of lifestyle;
(4) The operation of the facility and its interaction with its residents supports, to the maximum extent possible, each residents need for autonomy and the right to make decisions regarding his or her own life;
(5) The operation of the facility is designed to foster a social climate that allows the resident to develop and maintain personal relationships with fellow residents and with persons in the general community;
(6) The facility is designed to minimize and is operated in a manner which minimizes the need for its residents to move out of the facility as their respective physical and mental conditions change over time; and
(7) The facility is operated in such a manner as to foster a culture that provides a high-quality environment for the residents, their families, the staff, any volunteers and the community at large.
8. The Division may grant an exception from the requirement of subparagraph (1) of paragraph (b) of subsection 7 to a facility which is licensed as a residential facility for groups on or before July 1, 2005, and which is authorized to have 10 or fewer beds and was originally constructed as a single-family dwelling if the Division finds that:
(a) Strict application of that requirement would result in economic hardship to the facility requesting the exception; and
(b) The exception, if granted, would not:
(1) Cause substantial detriment to the health or welfare of any resident of the facility;
(2) Result in more than two residents sharing a toilet facility; or
(3) Otherwise impair substantially the purpose of that requirement.
9. The Board shall, if it determines necessary, adopt regulations and requirements to ensure that each residential facility for groups and its staff are prepared to respond to an emergency, including, without limitation:
(a) The adoption of plans to respond to a natural disaster and other types of emergency situations, including, without limitation, an emergency involving fire;
(b) The adoption of plans to provide for the evacuation of a residential facility for groups in an emergency, including, without limitation, plans to ensure that nonambulatory patients may be evacuated;
(c) Educating the residents of residential facilities for groups concerning the plans adopted pursuant to paragraphs (a) and (b); and
(d) Posting the plans or a summary of the plans adopted pursuant to paragraphs (a) and (b) in a conspicuous place in each residential facility for groups.
κ2021 Statutes of Nevada, Page 3440 (CHAPTER 517, AB 287)κ
10. The regulations governing the licensing and operation of facilities for transitional living for released offenders must provide for the licensure of at least three different types of facilities, including, without limitation:
(a) Facilities that only provide a housing and living environment;
(b) Facilities that provide or arrange for the provision of supportive services for residents of the facility to assist the residents with reintegration into the community, in addition to providing a housing and living environment; and
(c) Facilities that provide or arrange for the provision of programs for alcohol and other substance use disorders, in addition to providing a housing and living environment and providing or arranging for the provision of other supportive services.
Κ The regulations must provide that if a facility was originally constructed as a single-family dwelling, the facility must not be authorized for more than eight beds.
11. The Board shall adopt regulations applicable to providers of community-based living arrangement services which:
(a) Except as otherwise provided in paragraph (b), require a natural person responsible for the operation of a provider of community-based living arrangement services and each employee of a provider of community-based living arrangement services who supervises or provides support to recipients of community-based living arrangement services to complete training concerning the provision of community-based living arrangement services to persons with mental illness and continuing education concerning the particular population served by the provider;
(b) Exempt a person licensed or certified pursuant to title 54 of NRS from the requirements prescribed pursuant to paragraph (a) if the Board determines that the person is required to receive training and continuing education substantially equivalent to that prescribed pursuant to that paragraph;
(c) Require a natural person responsible for the operation of a provider of community-based living arrangement services to receive training concerning the provisions of title 53 of NRS applicable to the provision of community-based living arrangement services; and
(d) Require an applicant for a license to provide community-based living arrangement services to post a surety bond in an amount equal to the operating expenses of the applicant for 2 months, place that amount in escrow or take another action prescribed by the Division to ensure that, if the applicant becomes insolvent, recipients of community-based living arrangement services from the applicant may continue to receive community-based living arrangement services for 2 months at the expense of the applicant.
12. The Board shall adopt separate regulations governing the licensing and operation of freestanding birthing centers. Such regulations must:
(a) Align with the standards established by the American Association of Birth Centers, or its successor organization, the accrediting body of the Commission for the Accreditation of Birth Centers, or its successor organization, or another nationally recognized organization for accrediting freestanding birthing centers; and
(b) Allow the provision of supervised training to providers of health care, as appropriate, at a freestanding birthing center.
κ2021 Statutes of Nevada, Page 3441 (CHAPTER 517, AB 287)κ
13. As used in this section, living unit means an individual private accommodation designated for a resident within the facility.
Secs. 17-21. (Deleted by amendment.)
Sec. 22. NRS 449.102 is hereby amended to read as follows:
449.102 A medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed shall:
1. Maintain the confidentiality of personally identifiable information concerning the sexual orientation of a patient or resident, whether the patient or resident is transgender or has undergone [a gender transition] gender-affirming surgery and the human immunodeficiency virus status of the patient or resident and take reasonable actions to prevent the unauthorized disclosure of such information;
2. Prohibit employees or independent contractors of the facility who are not performing a physical examination or directly providing care to a patient or resident from being present during any portion of the physical examination or care, as applicable, during which the patient or resident is fully or partially unclothed without the express permission of the patient or resident or the authorized representative of the patient or resident;
3. Use visual barriers, including, without limitation, doors, curtains and screens, to provide privacy for patients or residents who are fully or partially unclothed; and
4. Allow a patient or resident to refuse to be examined, observed or treated by an employee or independent contractor of the facility for a purpose that is primarily educational rather than therapeutic.
Sec. 23. NRS 449.103 is hereby amended to read as follows:
449.103 1. To enable an agent or employee of a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed who provides care to a patient or resident of the facility to more effectively treat patients or care for residents, as applicable, the Board shall, by regulation, require such a facility to conduct training relating specifically to cultural competency for any agent or employee of the facility who provides care to a patient or resident of the facility so that such an agent or employee may better understand patients or residents who have different cultural backgrounds, including, without limitation, patients or residents who are:
(a) From various [gender,] racial and ethnic backgrounds;
(b) From various religious backgrounds;
(c) [Lesbian, gay, bisexual, transgender and questioning persons;] Persons with various sexual orientations and gender identities or expressions;
(d) Children and senior citizens;
(e) Persons with a mental or physical disability; and
(f) Part of any other population that such an agent or employee may need to better understand, as determined by the Board.
2. The training relating specifically to cultural competency conducted by a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed pursuant to subsection 1 must be provided through a course or program that is approved by the Department of Health and Human Services.
Secs. 24-29. (Deleted by amendment.)
κ2021 Statutes of Nevada, Page 3442 (CHAPTER 517, AB 287)κ
Sec. 29.5. NRS 449.198 is hereby amended to read as follows:
449.198 [An obstetric]
1. A freestanding birthing center must:
[1.] (a) Provide sufficient space for members of the family of the pregnant [woman] person and other persons chosen by the [woman] pregnant person to assist [her] with the birth; [and
2.] (b) Have obstetrical services available to meet the needs of an acute patient [.] ; and
(c) Be located within 30 miles of a hospital that offers obstetric, neonatal and emergency services relating to pregnancy.
2. Surgery, including, without limitation, the use of forceps, vacuum extractions, cesarean sections and tubal ligations, must not be performed at a freestanding birthing center.
3. A freestanding birthing center must have a director who is responsible for the operation of the freestanding birthing center. The director of a freestanding birthing center must be:
(a) A physician;
(b) A person who:
(1) Is certified as a Certified Professional Midwife by the North American Registry of Midwives, or its successor organization; and
(2) Has successfully completed a program of education and training in midwifery that:
(I) Is accredited by the Midwifery Education Accreditation Council, or its successor organization; and
(II) Provides instruction and training in the Essential Competencies for Midwifery Practice prescribed by the International Confederation of Midwives, or its successor organization; or
(c) A certified nurse-midwife.
4. As used in this section, certified nurse-midwife means a person who is:
(a) Certified as a Certified Nurse-Midwife by the American Midwifery Certification Board, or its successor organization; and
(b) Licensed as an advanced practice registered nurse pursuant to NRS 632.237.
Secs. 30-33. (Deleted by amendment.)
Sec. 33.5. NRS 449.245 is hereby amended to read as follows:
449.245 1. No hospital licensed under the provisions of NRS 449.029 to 449.2428, inclusive, may release from the hospital or otherwise surrender physical custody of any child under 6 months of age, whose living parent or guardian is known to the hospital, to any person other than a parent, guardian or relative by blood or marriage of that child, without a written authorization signed by a living parent, who must be the [mother] person who gave birth to the child if unwed, or guardian specifying the particular person or agency to whom the child may be released and the permanent address of that person or agency.
2. Upon the release or other surrender of physical custody of the child, the hospital shall require from the person to whom the child is released such reasonable proof of identity as the hospital may deem necessary for compliance with the provisions of this section. The hospital shall furnish a true copy of the written authorization to the Division of Child and Family Services of the Department of Health and Human Services before the release or other surrender by it of physical custody of the child.
κ2021 Statutes of Nevada, Page 3443 (CHAPTER 517, AB 287)κ
or other surrender by it of physical custody of the child. The copy must be furnished to the Division immediately upon receipt by the hospital.
3. Any person to whom any such child is released who thereafter surrenders physical custody of that child to any other person or agency shall, upon demand by the Division of Child and Family Services, disclose to the Division the name and permanent address of the person or agency to whom physical custody of the child was delivered.
4. Except as otherwise provided in NRS 239.0115, all information received by the Division of Child and Family Services pursuant to the provisions of this section is confidential and must be protected from disclosure in the same manner that information is protected under NRS 432.035.
5. Compliance with the provisions of this section is not a substitute for compliance with NRS 127.220 to 127.310, inclusive, governing placements for adoption and permanent free care.
6. A violation of any provision of this section is a misdemeanor.
Sec. 34. (Deleted by amendment.)
Sec. 34.2. NRS 449A.001 is hereby amended to read as follows:
449A.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [449A.003] 449A.007 to 449A.081, inclusive, have the meanings ascribed to them in those sections.
Sec. 34.5. NRS 449A.050 is hereby amended to read as follows:
449A.050 Medical facility [includes:
1. A surgical center for ambulatory patients;
2. An obstetric center;
3. An independent center for emergency medical care;
4. An agency to provide nursing in the home;
5. A facility for intermediate care;
6. A facility for skilled nursing;
7. A facility for hospice care;
8. A hospital;
9. A psychiatric hospital;
10. A facility for the treatment of irreversible renal disease;
11. A rural clinic;
12. A nursing pool;
13. A facility for modified medical detoxification;
14. A facility for refractive surgery;
15. A mobile unit; and
16. A community triage center.] has the meaning ascribed to it in NRS 449.0151.
Sec. 34.7. NRS 449A.114 is hereby amended to read as follows:
449A.114 1. Except as otherwise provided in subsection 2, before a facility for intermediate care, facility for skilled nursing or residential facility for groups transfers a patient to another medical facility or facility for the dependent or discharges the patient from the facility, the facility shall:
(a) At least 30 calendar days before transferring or discharging the patient, provide the patient and the Ombudsman with written notice of the intent to transfer or discharge the patient; and
(b) Within 10 calendar days after providing written notice to the patient and the Ombudsman pursuant to paragraph (a), allow the patient and any person authorized by the patient the opportunity to meet in person with the administrator of the facility to discuss the proposed transfer or discharge.
κ2021 Statutes of Nevada, Page 3444 (CHAPTER 517, AB 287)κ
2. The provisions of this section do not apply to:
(a) A voluntary discharge or transfer of a patient to another medical facility or facility for the dependent at the request of the patient; or
(b) The transfer of a patient to another facility because the condition of the patient necessitates an immediate transfer to a facility for a higher level of care.
3. As used in this section [,] :
(a) Facility for intermediate care has the meaning ascribed to it in NRS 449.0038.
(b) Facility for skilled nursing has the meaning ascribed to it in NRS 449.0039.
(c) Ombudsman means the State Long-Term Care Ombudsman appointed pursuant to NRS 427A.125.
(d) Residential facility for groups had the meaning ascribed to it in NRS 449.017.
Sec. 34.9. NRS 449A.218 is hereby amended to read as follows:
449A.218 Facility means a facility licensed pursuant to chapter 449 of NRS that is a psychiatric hospital , as defined in NRS 449.0165, or a unit of a hospital that is specifically designated to provide care and services to persons with psychiatric or developmental disabilities.
Sec. 35. (Deleted by amendment.)
Sec. 36. Any valid license as an obstetric center issued before January 1, 2022, shall be deemed to be a license as a freestanding birthing center and remains valid until its date of expiration.
Sec. 36.3. The Legislative Counsel shall:
1. In preparing the Nevada Revises Statutes, use the authority set forth in subsection 10 of NRS 220.120 to substitute appropriately the term freestanding birthing center for the term obstetric center as previously used; and
2. In preparing supplements to the Nevada Administrative Code, substitute appropriately the term freestanding birthing center for the term obstetric center as previously used.
Sec. 36.5. The regulations adopted by the State Board of Health pursuant to NRS 439.200 and 449.0302 which are codified as NAC 449.6113 to 449.61178, inclusive, are hereby declared void. In preparing the supplements to the Nevada Administrative Code on or after January 1, 2022, the Legislative Counsel shall remove those regulations.
Sec. 36.7. NRS 449.0155, 449A.003, 449A.005, 449A.009, 449A.011, 449A.013, 449A.015, 449A.019, 449A.021, 449A.023, 449A.025, 449A.027, 449A.029, 449A.033, 449A.035, 449A.037, 449A.039, 449A.041, 449A.043, 449A.047, 449A.052, 449A.054, 449A.056, 449A.058, 449A.060, 449A.062, 449A.066, 449A.068, 449A.073, 449A.075, 449A.077 and 449A.079 are hereby repealed.
Sec. 37. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 36.7, 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 3445κ
Assembly Bill No. 343Assemblywoman Thomas
CHAPTER 518
[Approved: June 8, 2021]
AN ACT relating to regional transportation commissions; authorizing certain regional transportation commissions to request the drafting of not more than one legislative measure for each regular session of the Legislature; requiring the development of plans for conducting walking audits of urbanized areas in certain counties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the establishment of regional transportation commissions in certain counties. (NRS 277A.170) Existing law also prescribes the number of legislative measures which may be requested by various departments, agencies and other entities of this State for each regular session of the Legislature. (NRS 218D.100-218D.220) Section 2.3 of this bill authorizes the regional transportation commission in a county whose population is 100,000 or more (currently Clark and Washoe Counties) to request, for each regular session of the Legislature, the drafting of not more than one legislative measure which relates to matters within the scope of the regional transportation commission. Section 3 of this bill requires the regional transportation commission in a county whose population is 100,000 or more, in collaboration with certain other state and local agencies, to develop and submit to the district health department and the Legislative Committee on Health Care a written plan for conducting walking audits of urbanized areas within the county.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1 and 2. (Deleted by amendment.)
Sec. 2.3. Chapter 218D of NRS is hereby amended by adding thereto a new section to read as follows:
1. For a regular session, each regional transportation commission created pursuant to NRS 277A.170 in a county whose population is 100,000 or more may request the drafting of not more than one legislative measure which relates to matters within the scope of the commission. The request must be submitted to the Legislative Counsel on or before September 1 preceding the regular session.
2. Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel. A legislative measure requested pursuant to this section must be prefiled on or before the third Wednesday in November preceding the regular session. A legislative measure that is not prefiled on or before that day shall be deemed withdrawn.
Sec. 2.5. NRS 218D.100 is hereby amended to read as follows:
218D.100 1. The provisions of NRS 218D.100 to 218D.220, inclusive, and section 2.3 of this act apply to requests for the drafting of legislative measures for a regular session.
2. Except as otherwise provided by a specific statute, joint rule or concurrent resolution, the Legislative Counsel shall not honor a request for the drafting of a legislative measure if the request:
κ2021 Statutes of Nevada, Page 3446 (CHAPTER 518, AB 343)κ
(a) Exceeds the number of requests authorized by NRS 218D.100 to 218D.220, inclusive, and section 2.3 of this act for the requester; or
(b) Is submitted by an authorized nonlegislative requester pursuant to NRS 218D.175 to 218D.220, inclusive, and section 2.3 of this act but is not in a subject related to the function of the requester.
3. The Legislative Counsel shall not:
(a) Honor a request to change the subject matter of a request for the drafting of a legislative measure after it has been submitted for drafting.
(b) Honor a request for the drafting of a legislative measure which has been combined in violation of Section 17 of Article 4 of the Nevada Constitution.
Sec. 3. 1. The regional transportation commission in a county whose population is 700,000 or more shall, in collaboration with the district health department and district board of health created by NRS 439.362, other local governments in the urbanized areas of the county and, to the extent feasible and appropriate, the Department of Transportation:
(a) Develop a written plan for conducting walking audits of urbanized areas within the county; and
(b) Not later than June 1, 2022, submit the plan to:
(1) The district health department; and
(2) The Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Health Care.
2. The regional transportation commission in a county whose population is 100,000 or more but less than 700,000 shall, in collaboration with the regional planning commission created by NRS 278.0262, the governing board for regional planning created by NRS 278.0264, the district health department and district board of health created in the county pursuant to NRS 439.370, other local governments in the urbanized areas of the county and, to the extent feasible and appropriate, the Department of Transportation:
(a) Develop a written plan for conducting walking audits of urbanized areas within the county; and
(b) Not later than June 1, 2022, submit the plan to:
(1) The district health department; and
(2) The Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Health Care.
3. A plan developed pursuant to subsection 1 or 2 must:
(a) Identify the agencies that will conduct the audits and the responsibilities of those agencies;
(b) Identify the priorities that will be considered when designating areas to be audited;
(c) Identify the size of the areas to be audited;
(d) Identify any additional parameters for the audits or information that must be included in the audits;
(e) Identify any additional public or private entities that will be involved in the audits;
(f) Identify ways to engage the community in the area where an audit is conducted in the audit;
(g) Prescribe a regular schedule for the audits and the number of audits that must be conducted each year; and
(h) Prescribe formats for displaying and publishing the results of the audits, including, without limitation, the use of geographic information systems technology to collect and display data from the audits and the posting of the results of any walking audit on the Internet website of the district health department of the county in which the audit was conducted.
κ2021 Statutes of Nevada, Page 3447 (CHAPTER 518, AB 343)κ
systems technology to collect and display data from the audits and the posting of the results of any walking audit on the Internet website of the district health department of the county in which the audit was conducted.
4. As used in this section, walking audit means an audit to evaluate how land use, site design and ease and safety of access on varying scales affect public health and suggest enhancements to improve public health within the audited area. A walking audit may:
(a) Involve persons with various roles in the community, which may include, without limitation, teachers, operators and employees of local businesses, members of planning commissions, community organizations, residents and representatives of community organizations; and
(b) As part of the evaluation of how land use, site design and ease and safety of access affect public health, assess whether:
(1) An area is safe and has adequate lighting at night;
(2) There are curb cuts and audible crosswalks that provide pedestrians with sufficient time to cross the street;
(3) Sidewalks are in good condition and free of barriers;
(4) There are benches and other places available for pedestrians to rest; and
(5) Healthy food is available in the area.
Sec. 4. (Deleted by amendment.)
Sec. 5. This act becomes effective upon passage and approval.
________
Assembly Bill No. 388Assemblymen C.H. Miller, Duran; and Thomas
CHAPTER 519
[Approved: June 8, 2021]
AN ACT relating to telecommunication service; requiring the State Treasurer to establish a program to enable voluntary contributions for infrastructure grants for broadband deployment; requiring the Office of Science, Innovation and Technology in the Office of the Governor to establish a program to make infrastructure grants for broadband deployment; requiring the Office of Science, Innovation and Technology to establish a program to encourage deployment of broadband infrastructure in certain communities; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 7.92 of this bill requires the State Treasurer to establish, by regulation, a program that enables a provider of broadband or commercial mobile radio service to participate in a voluntary contribution program for broadband infrastructure that enables a customer to opt in and make voluntary monetary contributions as part of the customers monthly bill. Existing law defines various activities involving businesses and occupations that constitute deceptive trade practices. (NRS 598.0915-598.0925) If a person engages in a deceptive trade practice, the person may be subject to restraint by injunction and the imposition of civil and criminal penalties. (NRS 598.0979, 598.0985, 598.0999) Section 7.92 makes a willful violation of any regulation adopted by the State Treasurer concerning the voluntary contribution program a deceptive trade practice.
κ2021 Statutes of Nevada, Page 3448 (CHAPTER 519, AB 388)κ
Existing law establishes the Office of Science, Innovation and Technology in the Office of the Governor and prescribes its powers and duties and those of its Director. (NRS 223.600-223.650) Section 7.8 of this bill requires the Director of the Office of Science, Innovation and Technology to establish and administer a program of infrastructure grants for the development or improvement of broadband services for persons with low income and persons in rural areas of this State. Section 7.5 of this bill creates the Account for the Grant Program for Broadband Infrastructure for the deposit of money collected by the State Treasurer from participating providers in the voluntary contribution program established pursuant to section 7.92. Section 7.5 requires that money deposited in the Account be used to: (1) provide infrastructure grants pursuant to the program established pursuant to section 7.8; and (2) defray the costs of establishing and administering the programs established pursuant to sections 7.8 and 7.92.
Section 7.6 of this bill requires the Director of the Office of Science, Innovation and Technology to biennially: (1) prepare a report concerning the availability of broadband service in this State; and (2) submit the report to the Governor and Legislature. Sections 7.7 and 7.93 of this bill require the Office, on or before October 1, 2021, to establish and administer a Broadband Ready Community Certification program for the purpose of encouraging the deployment of broadband infrastructure in underserved communities.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1, 2, 2.5, 3, 3.5, 4, 4.5 and 5-7. (Deleted by amendment.)
Sec. 7.1. Chapter 223 of NRS is hereby amended by adding thereto the provisions set forth as sections 7.2 to 7.7, inclusive, of this act.
Secs. 7.2, 7.3 and 7.4. (Deleted by amendment.)
Sec. 7.5. 1. The Account for the Grant Program for Broadband Infrastructure is hereby created in the State General Fund. The Director of the Office of Science, Innovation and Technology shall administer the Account.
2. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.
3. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
4. The money in the Account must only be used to:
(a) Make infrastructure grants for the development or improvement of broadband services for persons with low income and persons in rural areas of this State established by the Director pursuant to subsection 5 of NRS 223.610; and
(b) Defray the costs of establishing and administering the programs established pursuant to subsection 5 of NRS 223.610 and section 7.92 of this act.
5. Claims against the Account must be paid as other claims against the State are paid.
Sec. 7.6. The Director of the Office of Science, Innovation and Technology shall, not less than biennially:
κ2021 Statutes of Nevada, Page 3449 (CHAPTER 519, AB 388)κ
1. Prepare a report that includes, without limitation:
(a) A summary of the availability of broadband services throughout the State; and
(b) Recommendations for the deployment of broadband infrastructure to underserved communities.
2. Submit the report prepared pursuant to subsection 1 to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature or, if the Legislature is not in session, to the Legislative Commission.
Sec. 7.7. 1. The Office of Science, Innovation and Technology shall establish and administer a Broadband Ready Community Certification program in order to encourage the deployment of broadband infrastructure in underserved communities in this State.
2. The Office of Science, Innovation and Technology shall adopt regulations necessary to carry out the program established pursuant to subsection 1. Such regulations must include, without limitation:
(a) The requirements for a community to apply for and receive certification as a Broadband Ready Community; and
(b) The grounds for withdrawal of a certification as a Broadband Ready Community.
3. The Office of Science, Innovation and Technology shall post on an Internet website maintained by the Office, a list of each community in this State that has been certified as a Broadband Ready Community.
Sec. 7.8. NRS 223.610 is hereby amended to read as follows:
223.610 The Director of the Office of Science, Innovation and Technology shall:
1. Advise the Governor and the Executive Director of the Office of Economic Development on matters relating to science, innovation and technology.
2. Work in coordination with the Office of Economic Development to establish criteria and goals for economic development and diversification in this State in the areas of science, innovation and technology.
3. As directed by the Governor, identify, recommend and carry out policies related to science, innovation and technology.
4. Report periodically to the Executive Director of the Office of Economic Development concerning the administration of the policies and programs of the Office of Science, Innovation and Technology.
5. Coordinate activities in this State relating to the planning, mapping and procurement of broadband service in a competitively neutral and nondiscriminatory manner, which must include, without limitation:
(a) Development of a strategic plan to improve the delivery of broadband services in this State to schools, libraries, providers of health care, transportation facilities, prisons and other community facilities;
(b) Applying for state and federal grants on behalf of eligible entities and managing state matching money that has been appropriated by the Legislature;
(c) Coordinating and processing applications for state and federal money relating to broadband services;
(d) Prioritizing construction projects which affect or involve the expansion or deployment of broadband services in this State;
κ2021 Statutes of Nevada, Page 3450 (CHAPTER 519, AB 388)κ
(e) In consultation with providers of health care from various health care settings, the expansion of telehealth services to reduce health care costs and increase health care quality and access in this State, especially in rural, unserved and underserved areas of this State;
(f) Expansion of the fiber optic infrastructure in this State for the benefit of the public safety radio and communications systems in this State;
(g) Collection and storage of data relating to agreements and contracts entered into by the State for the provision of fiber optic assets in this State; [and]
(h) Administration of the trade policy for fiber optic infrastructure in this State [.] ; and
(i) Establishing and administering a program of infrastructure grants for the development or improvement of broadband services for persons with low income and persons in rural areas of this State using money from the Account for the Grant Program for Broadband Infrastructure created by section 7.5 of this act. The Director may adopt regulations to carry out his or duties pursuant to this paragraph.
6. Provide support to the Advisory Council on Science, Technology, Engineering and Mathematics and direct the implementation in this State of plans developed by the Council concerning, without limitation, workforce development, college preparedness and economic development.
7. In carrying out his or her duties pursuant to this section, consult with the Executive Director of the Office of Economic Development and cooperate with the Executive Director in implementing the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053.
8. Administer such grants as are provided by legislative appropriation.
Sec. 7.9. NRS 223.630 is hereby amended to read as follows:
223.630 1. The Account for the Office of Science, Innovation and Technology is hereby created in the State General Fund. The Account must be administered by the Director of the Office of Science, Innovation and Technology.
2. [Any] Except as otherwise provided in section 7.5 of this act, any money accepted pursuant to NRS 223.620 must be deposited in the Account.
3. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.
4. The money in the Account must only be used to carry out the duties of the Director.
5. Claims against the Account must be paid as other claims against the State are paid.
Sec. 7.92. Chapter 226 of NRS is hereby amended by adding thereto a new section to read as follows:
1. To the extent consistent with federal law, the State Treasurer shall establish, by regulation, a program that enables a provider of broadband or commercial mobile radio service to participate in a voluntary contribution program for broadband infrastructure that enables a customer of the provider to opt in and make voluntary monetary contributions as part of the customers monthly bill to fund a program of infrastructure grants for broadband deployment. The regulations must establish, without limitation:
κ2021 Statutes of Nevada, Page 3451 (CHAPTER 519, AB 388)κ
(a) Procedures to enable a provider of broadband or commercial mobile radio service to elect to participate in the program;
(b) The manner in which a participating provider must give notice to its customers about the program;
(c) Procedures to enable a customer of a participating provider to opt in to the program and make contributions to the program; and
(d) The manner in which a participating provider must collect and account for contributions to the program made by participating customers.
2. The State Treasurer shall deposit money collected from participating providers in the program established pursuant to subsection 1 in the Account for the Grant Program for Broadband Infrastructure created by section 7.5 of this act.
3. A willful violation by a participant in the program of any regulation adopted pursuant to subsection 1 constitutes a deceptive trade practice for purposes of NRS 598.0903 to 598.0999, inclusive.
Sec. 7.93. On or before October 31, 2021, the Office of Science, Innovation and Technology in the Office of the Governor established by NRS 223.600 shall, in consultation with representatives of local governments, providers of broadband or commercial mobile radio services and interested stakeholders identified by the Office of Science, Innovation and Technology, establish the program required by section 7.7 of this act.
Sec. 7.95. 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. 8. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 7.95, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting regulations and performing any other 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 3452κ
Assembly Bill No. 440Committee on Judiciary
CHAPTER 520
[Approved: June 8, 2021]
AN ACT relating to law enforcement; defining the terms repeat offense, prohibited offense and crime of violence; requiring certain persons to issue misdemeanor citations, traffic citations, vessel citations and wildlife citations under certain circumstances for offenses punishable as misdemeanors that do not constitute repeat offenses, crimes of violence or certain other prohibited offenses under certain circumstances; revising provisions governing the qualifications for the office of county sheriff; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a peace officer, whenever any person is detained by the peace officer for any violation of an ordinance or a state law punishable as a misdemeanor and the person is not otherwise required to be taken before a magistrate, to issue the person a misdemeanor citation instead of taking the person before the proper magistrate. (NRS 171.1771) Similarly, existing law authorizes a peace officer to issue a misdemeanor citation in lieu of taking a person before a magistrate if the person is arrested by a private person for any violation of an ordinance or a state law punishable as a misdemeanor. (NRS 171.1772) Existing law, however, removes the discretion of the peace officer to issue the misdemeanor citation and requires the person to be taken before a magistrate if the identity of the person cannot be verified or the peace officer believes the person will disregard a written promise to appear in court. (NRS 171.1771, 171.1772) Sections 6 and 7 of this bill: (1) require a peace officer to issue a misdemeanor citation for any such violation unless the violation is a repeat offense or a prohibited offense, in which case the peace officer is authorized to issue the misdemeanor citation; and (2) expand the circumstances under which a peace officer is prohibited from issuing the misdemeanor citation to include those circumstances in which the peace officer believes the violation will continue if the person is not taken before a magistrate or the peace officer believes another person or property is in imminent danger. Section 8 of this bill makes a conforming change related to the issuance of misdemeanor citations.
Section 3.5 of this bill defines the term repeat offense for the purposes of sections 6 and 7. Section 3.3 of this bill defines the term prohibited offense for the purposes of sections 6 and 7. Additionally, section 3 of this bill defines the term crime of violence for the purposes of sections 3.3, 6, 7 and 9-14 of this bill. Section 4 of this bill makes a conforming change related to the proper placement of sections 3, 3.3 and 3.5 in the Nevada Revised Statutes.
Existing law provides that whenever any person is halted by a peace officer for a violation of certain traffic laws and is not otherwise required to be taken before a magistrate, the person may be given a traffic citation or be taken before the proper magistrate. (NRS 484A.730) Section 24 of this bill revises the discretionary issuance of such citations by instead requiring a peace officer to issue a traffic citation for an offense punishable as misdemeanor that does not constitute a repeat offense or a prohibited offense, as defined in section 24.
Sections 19, 20, 22 and 23 of this bill make conforming changes related to the requirement to issue traffic citations for traffic offenses punishable as misdemeanors that do not constitute repeat offenses or prohibited offenses.
κ2021 Statutes of Nevada, Page 3453 (CHAPTER 520, AB 440)κ
Existing law authorizes a peace officer to issue a traffic citation or a misdemeanor citation at the scene of a traffic crash under certain circumstances. (NRS 484A.660) Section 21 of this bill revises the discretionary issuance of such citations by requiring a peace officer to issue a traffic citation in accordance with the standards provided in section 24 or a misdemeanor citation in accordance with the standards provided in section 6.
Existing law authorizes a game warden, sheriff or peace officer to issue a citation for certain offenses relating to vessels. (NRS 488.920) While retaining the existing discretionary issuance of citations for offenses relating to vessels that are punishable as felonies or gross misdemeanors, section 25 of this bill requires a game warden, sheriff or peace officer to issue a citation for such an offense punishable as a misdemeanor unless the offense is a repeat offense or a prohibited offense, in which case the game warden, sheriff or peace officer is authorized to issue the citation. Section 25 defines the terms prohibited offense and repeat offense for the purpose of section 25.
Existing law also authorizes a game warden to issue a citation for certain offenses relating to wildlife. (NRS 501.386) While retaining the existing discretionary issuance of citations for offenses relating to wildlife that are punishable as felonies or gross misdemeanors, section 26 of this bill requires a game warden to issue a citation for an offense punishable as a misdemeanor unless the offense is a repeat offense or a crime of violence, in which case the game warden is authorized to issue the citation.
Section 27 of this bill provides that the amendatory provisions of sections 6, 21 and 24-26 of this bill relating to the mandatory issuance of misdemeanor citations, traffic citations, boating citations and wildlife citations do not apply to a peace officer employed by the Division of Parole and Probation of the Department of Public Safety until the earlier of: (1) the date that the Director of the Department of Public Safety notifies the Director of the Legislative Counsel Bureau that the Division of Parole and Probation has sufficient resources to carry out the amendatory provisions of sections 6, 21 and 24-26; or (2) July 1, 2023.
Existing law requires a candidate for the office of county sheriff to: (1) be a qualified elector and at least 21 years old on the date on which the candidate is to take office; and (2) meet certain other qualifications based upon the population of the county. In a county whose population is 100,000 or more (currently Clark and Washoe Counties), existing law requires the candidate to, before filing a declaration of candidacy: (1) have accumulated at least 5 consecutive years of any combination of employment or service as a peace officer in this State, or as a law enforcement officer of the Federal Government or another state or political subdivision thereof; and (2) have been certified as a category I peace officer in this State or the equivalent in another state or have successfully completed a federal law enforcement training program approved by the Peace Officers Standards and Training Commission. In a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties), existing law does not require the person to meet any requirements with respect to employment, service, certification or training at the time of filing the declaration of candidacy. However, such a person forfeits the office if, within 1 year after the date of taking office as sheriff, the person fails to earn certification by the Commission as a category I, II or III peace officer. (NRS 248.005) Section 18.5 of this bill decreases the population threshold for such qualifications relating to employment, service, certification and training from 100,000 to 30,000, meaning that a candidate for the office of county sheriff in a county whose population is 30,000 or more (currently Clark, Washoe, Lyon, Elko, Douglas and Nye Counties and Carson City) is required to meet the additional employment, service, certification and training requirements on the date of filing the declaration of candidacy.
κ2021 Statutes of Nevada, Page 3454 (CHAPTER 520, AB 440)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 169 of NRS is hereby amended by adding thereto the provisions set forth as sections 3, 3.3 and 3.5 of this act.
Sec. 2. (Deleted by amendment.)
Sec. 3. Crime of violence has the meaning ascribed to it in NRS 200.408.
Sec. 3.3. 1. Prohibited offense means:
(a) A violation of a temporary order for protection;
(b) A violation of NRS 200.575;
(c) A crime of violence;
(d) A violation of NRS 483.490; or
(e) A violation of NRS 483.560.
2. As used in this section, temporary order for protection means an order for protection which may be issued by a court without affording the adverse party notice and an opportunity to be heard.
Sec. 3.5. Repeat offense means an offense for which the person has previously been arrested, convicted or issued a citation.
Sec. 4. NRS 169.045 is hereby amended to read as follows:
169.045 As used in this title, unless the context otherwise requires, the words and terms defined in NRS 169.049 to 169.205, inclusive, and sections 3, 3.3 and 3.5 of this act have the meanings ascribed to them in those sections.
Sec. 5. (Deleted by amendment.)
Sec. 6. NRS 171.1771 is hereby amended to read as follows:
171.1771 [Whenever]
1. Except as otherwise provided in subsection 2, whenever any person is detained by a peace officer for any violation of a county, city or town ordinance or a state law which is punishable as a misdemeanor and the person is not required to be taken before a magistrate, the person [shall,] must be given a misdemeanor citation unless the violation constitutes a repeat offense or a prohibited offense in which case, the person may, in the discretion of the peace officer, either be given a misdemeanor citation [,] or be taken without unnecessary delay before the proper magistrate. [Any such person shall]
2. A person described in subsection 1 must be taken before the proper magistrate when [the] :
(a) The person does not furnish satisfactory evidence of identity [or when the] ; or
(b) The peace officer has reasonable [and probable] grounds to believe [the] that:
(1) The person will disregard a written promise to appear in court [.] ;
(2) The violation will continue; or
(3) Another person or property is in imminent danger.
Sec. 7. NRS 171.1772 is hereby amended to read as follows:
171.1772 1. Whenever any person is arrested by a private person, as provided in NRS 171.126, for any violation of a county, city or town ordinance or state law which is punishable as a misdemeanor, such person arrested [may] must be issued a misdemeanor citation by a peace officer in lieu of being immediately taken before a magistrate by the peace officer [if:] unless the violation constitutes a repeat offense or a prohibited offense, in which case the person arrested may be issued the misdemeanor citation or be immediately taken before a magistrate by the peace officer.
κ2021 Statutes of Nevada, Page 3455 (CHAPTER 520, AB 440)κ
lieu of being immediately taken before a magistrate by the peace officer [if:] unless the violation constitutes a repeat offense or a prohibited offense, in which case the person arrested may be issued the misdemeanor citation or be immediately taken before a magistrate by the peace officer.
2. The citation described in subsection 1 must not be issued unless:
[1.] (a) The person arrested furnishes satisfactory evidence of identity; and
[2.] (b) The peace officer has reasonable grounds to believe that [the] :
(1) The person arrested will keep a written promise to appear in court [.] ;
(2) The violation will cease; and
(3) Another person or property is not in imminent danger.
Sec. 8. NRS 171.1773 is hereby amended to read as follows:
171.1773 1. Whenever a person is detained by a peace officer for any violation of a county, city or town ordinance or a state law which is punishable as a misdemeanor and the person is not taken before a magistrate as required or permitted by NRS 171.177, 171.1771 or 171.1772, the peace officer [may] must prepare a misdemeanor citation manually or electronically in the form of a complaint issuing in the name of The State of Nevada or in the name of the respective county, city or town, containing a notice to appear in court, the name and address of the person, the state registration number of the persons vehicle, if any, the offense charged, including a brief description of the offense and the NRS or ordinance citation, the time when and place where the person is required to appear in court, and such other pertinent information as may be necessary. The citation must be signed by the peace officer. If the citation is prepared electronically, the officer shall sign the copy of the citation that is delivered to the person charged with the violation.
2. The time specified in the notice to appear must be at least 5 days after the alleged violation unless the person charged with the violation demands an earlier hearing.
3. The place specified in the notice must be before a magistrate, as designated in NRS 171.178 and 171.184.
4. The person charged with the violation may give a written promise to appear in court by signing at least one copy of the misdemeanor citation prepared by the peace officer, in which event the peace officer shall deliver a copy of the citation to the person, and thereupon the peace officer shall not take the person into physical custody for the violation. If the citation is prepared electronically, the officer shall deliver the signed copy of the citation to the person and shall indicate on the electronic record of the citation whether the person charged gave a written promise to appear. A copy of the citation that is signed by the person charged or the electronic record of the citation which indicates that the person charged gave a written promise to appear suffices as proof of service.
Sec. 9. NRS 174.031 is hereby amended to read as follows:
174.031 1. At the arraignment of a defendant in justice court or municipal court, but before the entry of a plea, the court may determine whether the defendant is eligible for assignment to a preprosecution diversion program established pursuant to NRS 174.032. The court shall receive input from the prosecuting attorney and the attorney for the defendant, if any, whether the defendant would benefit from and is eligible for assignment to the program.
κ2021 Statutes of Nevada, Page 3456 (CHAPTER 520, AB 440)κ
2. A defendant may be determined to be eligible by the court for assignment to a preprosecution diversion program if the defendant:
(a) Is charged with a misdemeanor other than:
(1) A crime of violence ; [as defined in NRS 200.408;]
(2) Vehicular manslaughter as described in NRS 484B.657;
(3) Driving under the influence of intoxicating liquor or a controlled substance in violation of NRS 484C.110, 484C.120 or 484C.130; or
(4) A minor traffic offense; and
(b) Has not previously been:
(1) Convicted of violating any criminal law other than a minor traffic offense; or
(2) Ordered by a court to complete a preprosecution diversion program in this State.
3. If a defendant is determined to be eligible for assignment to a preprosecution diversion program pursuant to subsection 2, the justice court or municipal court may order the defendant to complete the program pursuant to subsection 5 of NRS 174.032.
4. A defendant has no right to complete a preprosecution diversion program or to appeal the decision of the justice court or municipal court relating to the participation of the defendant in such a program.
Sec. 10. NRS 176A.510 is hereby amended to read as follows:
176A.510 1. The Division shall adopt a written system of graduated sanctions for parole and probation officers to use when responding to a technical violation of the conditions of probation or parole. The system must:
(a) Set forth a menu of presumptive sanctions for the most common violations, including, without limitation, failure to report, willful failure to pay fines and fees, failure to participate in a required program or service, failure to complete community service and failure to refrain from the use of alcohol or controlled substances.
(b) Take into account factors such as responsivity factors impacting a persons ability to successfully complete any conditions of supervision, the severity of the current violation, the persons previous criminal record, the number and severity of any previous violations and the extent to which graduated sanctions were imposed for previous violations.
2. The Division shall establish and maintain a program of initial and ongoing training for parole and probation officers regarding the system of graduated sanctions.
3. Notwithstanding any rule or law to the contrary, a parole and probation officer shall use graduated sanctions established pursuant to this section when responding to a technical violation.
4. A parole and probation officer intending to impose a graduated sanction shall provide the supervised person with notice of the intended sanction. The notice must inform the person of any alleged violation and the date thereof and the graduated sanction to be imposed.
5. The failure of a supervised person to comply with a sanction may constitute a technical violation of the conditions of probation or parole.
6. The Division may not seek revocation of probation or parole for a technical violation of the conditions of probation or parole until all graduated sanctions have been exhausted. If the Division determines that all graduated sanctions have been exhausted, the Division shall submit a report to the court or Board outlining the reasons for the recommendation of revocation and the steps taken by the Division to change the supervised persons behavior while in the community, including, without limitation, any graduated sanctions imposed before recommending revocation.
κ2021 Statutes of Nevada, Page 3457 (CHAPTER 520, AB 440)κ
in the community, including, without limitation, any graduated sanctions imposed before recommending revocation.
7. As used in this section:
(a) Absconding has the meaning ascribed to it in NRS 176A.630.
(b) Responsivity factors has the meaning ascribed to it in NRS 213.107.
(c) Technical violation means any alleged violation of the conditions of probation or parole that does not constitute absconding and is not the commission of a:
(1) New felony or gross misdemeanor;
(2) Battery which constitutes domestic violence pursuant to NRS 200.485;
(3) Violation of NRS 484C.110 or 484C.120;
(4) Crime of violence [as defined in NRS 200.408] that is punishable as a misdemeanor;
(5) Harassment pursuant to NRS 200.571 or stalking or aggravated stalking pursuant to NRS 200.575;
(6) Violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378; or
(7) Violation of a stay away order involving a natural person who is the victim of the crime for which the supervised person is being supervised.
Κ The term does not include termination from a specialty court program.
Sec. 11. NRS 176A.630 is hereby amended to read as follows:
176A.630 1. If the probationer is arrested, by or without warrant, in another judicial district of this state, the court which granted the probation may assign the case to the district court of that district, with the consent of that court. The court retaining or thus acquiring jurisdiction shall cause the defendant to be brought before it, consider the standards adopted pursuant to NRS 213.10988 and system of graduated sanctions adopted pursuant to NRS 176A.510, as applicable, and the recommendation, if any, of the Chief Parole and Probation Officer. Upon determining that the probationer has violated a condition of probation, the court shall, if practicable, order the probationer to make restitution for any necessary expenses incurred by a governmental entity in returning the probationer to the court for violation of the probation. If the court finds that the probationer committed a violation of a condition of probation by committing a new felony or gross misdemeanor, battery which constitutes domestic violence pursuant to NRS 200.485, violation of NRS 484C.110 or 484C.120, crime of violence [as defined in NRS 200.408] that is punishable as a misdemeanor, harassment pursuant to NRS 200.571, stalking or aggravated stalking pursuant to NRS 200.575, violation of a stay away order involving a natural person who is the victim of the crime for which the probationer is being supervised, violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378 or by absconding, the court may:
κ2021 Statutes of Nevada, Page 3458 (CHAPTER 520, AB 440)κ
aggravated stalking or harassment issued pursuant to NRS 200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378 or by absconding, the court may:
(a) Continue or revoke the probation or suspension of sentence;
(b) Order the probationer to a term of residential confinement pursuant to NRS 176A.660;
(c) Order the probationer to undergo a program of regimental discipline pursuant to NRS 176A.780;
(d) Cause the sentence imposed to be executed; or
(e) Modify the original sentence imposed by reducing the term of imprisonment and cause the modified sentence to be executed. The court shall not make the term of imprisonment less than the minimum term of imprisonment prescribed by the applicable penal statute. If the Chief Parole and Probation Officer recommends that the sentence of a probationer be modified and the modified sentence be executed, the Chief Parole and Probation Officer shall provide notice of the recommendation to any victim of the crime for which the probationer was convicted who has requested in writing to be notified and who has provided a current address to the Division. The notice must inform the victim that he or she has the right to submit documents to the court and to be present and heard at the hearing to determine whether the sentence of a probationer who has violated a condition of probation should be modified. The court shall not modify the sentence of a probationer and cause the sentence to be executed until it has confirmed that the Chief Parole and Probation Officer has complied with the provisions of this paragraph. The Chief Parole and Probation Officer must not be held responsible when such notification is not received by the victim if the victim has not provided a current address. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Division pursuant to this paragraph is confidential.
2. If the court finds that the probationer committed one or more technical violations of the conditions of probation, the court may:
(a) Continue the probation or suspension of sentence;
(b) Order the probationer to a term of residential confinement pursuant to NRS 176A.660;
(c) Temporarily revoke the probation or suspension of sentence and impose a term of imprisonment of not more than:
(1) Thirty days for the first temporary revocation;
(2) Ninety days for the second temporary revocation; or
(3) One hundred and eighty days for the third temporary revocation; or
(d) Fully revoke the probation or suspension of sentence and impose imprisonment for the remainder of the sentence for a fourth or subsequent revocation.
3. Notwithstanding any other provision of law, a probationer who is arrested and detained for committing a technical violation of the conditions of probation must be brought before the court not later than 15 calendar days after the date of arrest and detention. If the person is not brought before the court within 15 calendar days, the probationer must be released from detention and returned to probation status. Following a probationers release from detention, the court may subsequently hold a hearing to determine if a technical violation has occurred. If the court finds that such a technical violation occurred, the court may:
κ2021 Statutes of Nevada, Page 3459 (CHAPTER 520, AB 440)κ
(a) Continue probation and modify the terms and conditions of probation; or
(b) Fully or temporarily revoke probation in accordance with the provisions of subsection 2.
4. The commission of one of the following acts by a probationer must not, by itself, be used as the only basis for the revocation of probation:
(a) Consuming any alcoholic beverage.
(b) Testing positive on a drug or alcohol test.
(c) Failing to abide by the requirements of a mental health or substance use treatment program.
(d) Failing to seek and maintain employment.
(e) Failing to pay any required fines or fees.
(f) Failing to report any changes in residence.
5. As used in this section:
(a) Absconding means that a person is actively avoiding supervision by making his or her whereabouts unknown to the Division for a continuous period of 60 days or more.
(b) Technical violation means any alleged violation of the conditions of probation that does not constitute absconding and is not the commission of a:
(1) New felony or gross misdemeanor;
(2) Battery which constitutes domestic violence pursuant to NRS 200.485;
(3) Violation of NRS 484C.110 or 484C.120;
(4) Crime of violence [as defined in NRS 200.408] that is punishable as a misdemeanor;
(5) Harassment pursuant to NRS 200.571 or stalking or aggravated stalking pursuant to NRS 200.575;
(6) Violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, a restraining order or injunction that is in the nature of a temporary or extended order for protection against domestic violence issued in an action or proceeding brought pursuant to title 11 of NRS, a temporary or extended order for protection against stalking, aggravated stalking or harassment issued pursuant to NRS 200.591 or a temporary or extended order for protection against sexual assault pursuant to NRS 200.378; or
(7) Violation of a stay away order involving a natural person who is the victim of the crime for which the probationer is being supervised.
Κ The term does not include termination from a specialty court program.
Sec. 12. NRS 179.245 is hereby amended to read as follows:
179.245 1. Except as otherwise provided in subsection 6 and NRS 176.211, 176A.245, 176A.265, 176A.295, 179.247, 179.259, 201.354 and 453.3365, a person may petition the court in which the person was convicted for the sealing of all records relating to a conviction of:
(a) A category A felony, a crime of violence [pursuant to NRS 200.408] or residential burglary pursuant to NRS 205.060 after 10 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(b) Except as otherwise provided in paragraphs (a) and (e), a category B, C or D felony after 5 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(c) A category E felony after 2 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
κ2021 Statutes of Nevada, Page 3460 (CHAPTER 520, AB 440)κ
(d) Except as otherwise provided in paragraph (e), any gross misdemeanor after 2 years from the date of release from actual custody or discharge from probation, whichever occurs later;
(e) A violation of NRS 422.540 to 422.570, inclusive, a violation of NRS 484C.110 or 484C.120 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later;
(f) Except as otherwise provided in paragraph (e), if the offense is punished as a misdemeanor, a battery pursuant to NRS 200.481, harassment pursuant to NRS 200.571, stalking pursuant to NRS 200.575 or a violation of a temporary or extended order for protection, after 2 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later; or
(g) Any other misdemeanor after 1 year from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later.
2. A petition filed pursuant to subsection 1 must:
(a) Be accompanied by the petitioners current, verified records received from the Central Repository for Nevada Records of Criminal History;
(b) If the petition references NRS 453.3365, include a certificate of acknowledgment or the disposition of the proceedings for the records to be sealed from all agencies of criminal justice which maintain such records;
(c) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed; and
(d) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed, including, without limitation, the:
(1) Date of birth of the petitioner;
(2) Specific conviction to which the records to be sealed pertain; and
(3) Date of arrest relating to the specific conviction to which the records to be sealed pertain.
3. Upon receiving a petition pursuant to this section, the court shall notify the law enforcement agency that arrested the petitioner for the crime and the prosecuting attorney, including, without limitation, the Attorney General, who prosecuted the petitioner for the crime. The prosecuting attorney and any person having relevant evidence may testify and present evidence at any hearing on the petition.
4. If the prosecuting attorney who prosecuted the petitioner for the crime stipulates to the sealing of the records after receiving notification pursuant to subsection 3 and the court makes the findings set forth in subsection 5, the court may order the sealing of the records in accordance with subsection 5 without a hearing. If the prosecuting attorney does not stipulate to the sealing of the records, a hearing on the petition must be conducted.
5. If the court finds that, in the period prescribed in subsection 1, the petitioner has not been charged with any offense for which the charges are pending or convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of any agency of criminal justice or any public or private agency, company, official or other custodian of records in the State of Nevada, and may also order all such records of the petitioner returned to the file of the court where the proceeding was commenced from, including, without limitation, the Federal Bureau of Investigation and all other agencies of criminal justice which maintain such records and which are reasonably known by either the petitioner or the court to have possession of such records.
κ2021 Statutes of Nevada, Page 3461 (CHAPTER 520, AB 440)κ
Nevada, and may also order all such records of the petitioner returned to the file of the court where the proceeding was commenced from, including, without limitation, the Federal Bureau of Investigation and all other agencies of criminal justice which maintain such records and which are reasonably known by either the petitioner or the court to have possession of such records.
6. A person may not petition the court to seal records relating to a conviction of:
(a) A crime against a child;
(b) A sexual offense;
(c) Invasion of the home with a deadly weapon pursuant to NRS 205.067;
(d) A violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to paragraph (c) of subsection 1 of NRS 484C.400;
(e) A violation of NRS 484C.430;
(f) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430;
(g) A violation of NRS 488.410 that is punishable as a felony pursuant to NRS 488.427; or
(h) A violation of NRS 488.420 or 488.425.
7. If the court grants a petition for the sealing of records pursuant to this section, upon the request of the person whose records are sealed, the court may order sealed all records of the civil proceeding in which the records were sealed.
8. As used in this section:
(a) Crime against a child has the meaning ascribed to it in NRS 179D.0357.
(b) Sexual offense means:
(1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.
(2) Sexual assault pursuant to NRS 200.366.
(3) Statutory sexual seduction pursuant to NRS 200.368, if punishable as a felony.
(4) Battery with intent to commit sexual assault pursuant to NRS 200.400.
(5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.
(6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence , [pursuant to NRS 200.408,] if the crime of violence is an offense listed in this paragraph.
(7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.
(8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(9) Incest pursuant to NRS 201.180.
(10) Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony.
κ2021 Statutes of Nevada, Page 3462 (CHAPTER 520, AB 440)κ
(11) Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.
(12) Lewdness with a child pursuant to NRS 201.230.
(13) Sexual penetration of a dead human body pursuant to NRS 201.450.
(14) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.
(15) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.
(16) Luring a child or a person with mental illness pursuant to NRS 201.560, if punishable as a felony.
(17) An attempt to commit an offense listed in this paragraph.
Sec. 13. NRS 179.247 is hereby amended to read as follows:
179.247 1. If a person has been convicted of any offense listed in subsection 2, the person may petition the court in which he or she was convicted or, if the person wishes to file more than one petition and would otherwise need to file a petition in more than one court, the district court, for an order:
(a) Vacating the judgment; and
(b) Sealing all documents, papers and exhibits in the persons record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the courts order.
2. A person may file a petition pursuant to subsection 1 if the person was convicted of:
(a) A violation of NRS 201.354, for engaging in prostitution or solicitation for prostitution, provided that the person was not alleged to be a customer of a prostitute;
(b) A crime under the laws of this State, other than a crime of violence; or
(c) A violation of a county, city or town ordinance, for loitering for the purpose of solicitation or prostitution.
3. A petition filed pursuant to subsection 1 must satisfy the requirements of NRS 179.245.
4. The court may grant a petition filed pursuant to subsection 1 if:
(a) The petitioner was convicted of a violation of an offense described in subsection 2;
(b) The participation of the petitioner in the offense was the result of the petitioner having been a victim of:
(1) Trafficking in persons as described in the Trafficking Victims Protection Act of 2000, 22 U.S.C. §§ 7101 et seq.; or
(2) Involuntary servitude as described in NRS 200.463 or 200.4631; and
(c) The petitioner files a petition pursuant to subsection 1 with due diligence after the petitioner has ceased being a victim of trafficking or involuntary servitude or has sought services for victims of such trafficking or involuntary servitude.
5. Before the court decides whether to grant a petition filed pursuant to subsection 1, the court shall:
(a) Notify the Central Repository for Nevada Records of Criminal History, the Office of the Attorney General and each office of the district attorney and law enforcement agency in the county in which the petitioner was convicted and allow the prosecuting attorney who prosecuted the petitioner for the crime and any person to testify and present evidence on behalf of any such entity; and
κ2021 Statutes of Nevada, Page 3463 (CHAPTER 520, AB 440)κ
was convicted and allow the prosecuting attorney who prosecuted the petitioner for the crime and any person to testify and present evidence on behalf of any such entity; and
(b) Take into consideration any reasonable concerns for the safety of the defendant, family members of the defendant or other victims that may be jeopardized by the granting of the petition.
6. If the prosecuting attorney who prosecuted the petitioner for the crime stipulates to vacating the judgment of the petitioner and sealing all documents, papers and exhibits related to the case after receiving notification pursuant to subsection 5 and the court makes the findings set forth in subsection 4, the court may vacate the judgment and seal all documents, papers and exhibits in accordance with subsection 7 without a hearing. If the prosecuting attorney does not stipulate to vacating the judgment and sealing the documents, papers and exhibits, a hearing on the petition must be conducted.
7. If the court grants a petition filed pursuant to subsection 1, the court shall:
(a) Vacate the judgment and dismiss the accusatory pleading; and
(b) Order sealed all documents, papers and exhibits in the petitioners record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the courts order.
8. If a petition filed pursuant to subsection 1 does not satisfy the requirements of NRS 179.245 or the court determines that the petition is otherwise deficient with respect to the sealing of the petitioners record, the court may enter an order to vacate the judgment and dismiss the accusatory pleading if the petitioner satisfies all requirements necessary for the judgment to be vacated.
9. If the court enters an order pursuant to subsection 8, the court shall also order sealed the records of the petitioner which relate to the judgment being vacated in accordance with paragraph (b) of subsection 7, regardless of whether any records relating to other convictions are ineligible for sealing either by operation of law or because of a deficiency in the petition.
[10. As used in this section, crime of violence means:
(a) Any offense involving the use or threatened use of force or violence against the person or property of another; or
(b) Any felony for which there is a substantial risk that force or violence may be used against the person or property of another in the commission of the felony.]
Sec. 14. NRS 179D.097 is hereby amended to read as follows:
179D.097 1. Sexual offense means any of the following offenses:
(a) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.
(b) Sexual assault pursuant to NRS 200.366.
(c) Statutory sexual seduction pursuant to NRS 200.368.
(d) Battery with intent to commit sexual assault pursuant to subsection 4 of NRS 200.400.
(e) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this subsection.
κ2021 Statutes of Nevada, Page 3464 (CHAPTER 520, AB 440)κ
(f) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence , [pursuant to NRS 200.408,] if the crime of violence is an offense listed in this section.
(g) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.
(h) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(i) Incest pursuant to NRS 201.180.
(j) Open or gross lewdness pursuant to NRS 201.210.
(k) Indecent or obscene exposure pursuant to NRS 201.220.
(l) Lewdness with a child pursuant to NRS 201.230.
(m) Sexual penetration of a dead human body pursuant to NRS 201.450.
(n) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.
(o) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.
(p) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.
(q) Sex trafficking pursuant to NRS 201.300.
(r) Any other offense that has an element involving a sexual act or sexual conduct with another.
(s) An attempt or conspiracy to commit an offense listed in paragraphs (a) to (r), inclusive.
(t) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.
(u) An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this subsection. This paragraph includes, without limitation, an offense prosecuted in:
(1) A tribal court.
(2) A court of the United States or the Armed Forces of the United States.
(v) An offense of a sexual nature committed in another jurisdiction, whether or not the offense would be an offense listed in this section, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as a sex offender because of the offense. This paragraph includes, without limitation, an offense prosecuted in:
(1) A tribal court.
(2) A court of the United States or the Armed Forces of the United States.
(3) A court having jurisdiction over juveniles.
2. Except for the offenses described in paragraphs (n) and (o) of subsection 1, the term does not include an offense involving consensual sexual conduct if the victim was:
(a) An adult, unless the adult was under the custodial authority of the offender at the time of the offense; or
(b) At least 13 years of age and the offender was not more than 4 years older than the victim at the time of the commission of the offense.
Secs. 15-17, 17.5 and 18. (Deleted by amendment.)
κ2021 Statutes of Nevada, Page 3465 (CHAPTER 520, AB 440)κ
Sec. 18.5. NRS 248.005 is hereby amended to read as follows:
248.005 1. No person is eligible to the office of sheriff unless the person:
(a) Will have attained the age of 21 years on the date he or she would take office if so elected;
(b) Is a qualified elector; and
(c) On or after January 1, 2010, meets the requirements set forth in subsection 2 or 3, as applicable.
2. If a person described in paragraph (c) of subsection 1 is a candidate for the office of sheriff in a county whose population is [100,000] 30,000 or more, the person must meet the following requirements at the time he or she files his or her declaration of candidacy for the office:
(a) He or she has a history of at least 5 consecutive years of employment or service:
(1) As a peace officer;
(2) As a law enforcement officer of an agency of the United States;
(3) As a law enforcement officer of another state or political subdivision thereof; or
(4) In any combination of the positions described in subparagraphs (1), (2) and (3); and
(b) He or she has:
(1) Been certified as a category I peace officer by the Commission;
(2) Been certified as a category I peace officer or its equivalent by the certifying authority of another state that, as determined by the Commission, imposes requirements for certification as a category I peace officer in this State; or
(3) Successfully completed a federal law enforcement training program approved by the Commission.
3. If a person described in paragraph (c) of subsection 1 is a candidate for the office of sheriff in a county whose population is less than [100,000,] 30,000, the person is not required to meet any requirements with respect to employment, service, certification or training at the time he or she files his or her declaration of candidacy for the office. However, such a person forfeits his or her office if, within 1 year after the date on which the person takes office, the person fails to earn certification by the Commission as a category I peace officer, category II peace officer or category III peace officer.
4. A person who has been convicted of a felony in this State or any other state is not qualified to be a candidate for or elected or appointed to the office of sheriff regardless of whether the person has been restored to his or her civil rights.
5. As used in this section:
(a) Category I peace officer has the meaning ascribed to it in NRS 289.460.
(b) Category II peace officer has the meaning ascribed to it in NRS 289.470.
(c) Category III peace officer has the meaning ascribed to it in NRS 289.480.
(d) Commission means the Peace Officers Standards and Training Commission created pursuant to NRS 289.500.
(e) Declaration of candidacy has the meaning ascribed to it in NRS 293.0455.
(f) Peace officer has the meaning ascribed to it in NRS 289.010.
κ2021 Statutes of Nevada, Page 3466 (CHAPTER 520, AB 440)κ
Sec. 19. NRS 484A.615 is hereby amended to read as follows:
484A.615 1. A court having jurisdiction over an offense for which a traffic citation [may] must be issued pursuant to NRS 484A.630 or its traffic violations bureau may establish a system by which, except as otherwise provided in subsection 5, the court or traffic violations bureau may allow a person who has been issued a traffic citation that is filed with the court or traffic violations bureau to make a plea and state his or her defense or any mitigating circumstances by mail, by electronic mail, over the Internet or by other electronic means.
2. Except as otherwise provided in subsection 5, if a court or traffic violations bureau has established a system pursuant to subsection 1, a person who has been issued a traffic citation that is filed with the court or traffic violations bureau may, if allowed by the court and in lieu of making a plea and statement of his or her defense or any mitigating circumstances in court, make a plea and state his or her defense or any mitigating circumstances by using the system. Any such plea and statement must be received by the court before the date on which the person is required to appear in court pursuant to the traffic citation.
3. If a court or traffic violations bureau allows an eligible person to whom a traffic citation is issued to use a system established pursuant to subsection 1 to make a plea and state his or her defense or any mitigating circumstances and the person chooses to make a plea and state his or her defense or any mitigating circumstances by using such a system, the person waives [his or her] any relevant constitutional right, including, without limitation, the right to a trial , [and] the right to confront any witnesses [.] and the right to counsel, as applicable.
4. Any system established pursuant to subsection 1 must:
(a) For the purpose of authenticating that the person making the plea and statement of his or her defense or any mitigating circumstances is the person to whom the traffic citation was issued, be capable of requiring the person to submit any of the following information, at the discretion of the court or traffic violations bureau:
(1) The traffic citation number;
(2) The name and address of the person;
(3) The state registration number of the persons vehicle, if any;
(4) The number of the drivers license of the person, if any;
(5) The offense charged; or
(6) Any other information required by any rules adopted by the Nevada Supreme Court pursuant to subsection 6.
(b) Provide notice to each person who uses the system to make a plea and statement of his or her defense or any mitigating circumstances that the person waives [his or her] any relevant constitutional right, including, without limitation, the right to a trial , [and] the right to confront any witnesses [.] and the right to counsel, as applicable.
(c) If a plea and statement of the defense or mitigating circumstances is submitted by electronic mail, over the Internet or by other electronic means, confirm receipt of the plea and statement or make available to the person making the plea a copy of the plea and statement.
5. A person who has been issued a traffic citation for any of the following offenses may not make a plea and state his or her defense or any mitigating circumstances by using a system established pursuant to subsection 1:
κ2021 Statutes of Nevada, Page 3467 (CHAPTER 520, AB 440)κ
(a) Aggressive driving in violation of NRS 484B.650;
(b) Reckless driving in violation of NRS 484B.653;
(c) Vehicular manslaughter in violation of NRS 484B.657; or
(d) Driving, operating or being in actual physical control of a vehicle [or a vessel under power or sail] while under the influence of intoxicating liquor or a controlled substance in violation of NRS 484C.110 [,] or 484C.120 , [or 488.410,] as applicable.
6. The Nevada Supreme Court may adopt rules not inconsistent with the laws of this State to carry out the provisions of this section.
Sec. 20. NRS 484A.630 is hereby amended to read as follows:
484A.630 1. Whenever a person is halted by a peace officer for any violation of chapters 484A to 484E, inclusive, of NRS [punishable as a misdemeanor] and is not taken before a magistrate as required or permitted by NRS 484A.720 and 484A.730, the peace officer [may] must prepare a traffic citation manually or electronically in the form of a complaint issuing in the name of The State of Nevada, containing a notice to appear in court, the name and address of the person, the state registration number of the persons vehicle, if any, the number of the persons drivers license, if any, the offense charged, including a brief description of the offense and the NRS citation, the time and place when and where the person is required to appear in court, and such other pertinent information as may be necessary. The peace officer may also request, and the person may provide, the electronic mail address and mobile telephone number of the person for the purpose of enabling the court in which the person is required to appear to communicate with the person. If the peace officer requests such information, the peace officer shall expressly inform the person that providing such information is voluntary and, if the person provides such information, the person thereby gives his or her consent for the court to communicate with the person through such means. The peace officer shall sign the citation and deliver a copy of the citation to the person charged with the violation. If the citation is prepared electronically, the peace officer shall sign the copy of the citation that is delivered to the person charged with the violation.
2. The time specified in the notice to appear must be at least 5 days after the alleged violation.
3. The place specified in the notice to appear must be before a magistrate, as designated in NRS 484A.750.
4. The person charged with the violation may give his or her written promise to appear in court by signing or physically receiving at least one copy of the traffic citation prepared by the peace officer and thereupon the peace officer shall not take the person into physical custody for the violation. If the citation is prepared electronically, the peace officer shall indicate on the electronic record of the citation whether the person charged gave his or her written promise to appear. A copy of the citation that is signed by the person charged or the electronic record of the citation which indicates that the person charged gave his or her written promise to appear suffices as proof of service.
5. If the person charged with the violation refuses to sign a copy of the traffic citation but physically receives a copy of the citation delivered by the peace officer:
(a) The receipt shall be deemed personal service of the notice to appear in court;
(b) A copy of the citation signed by the peace officer suffices as proof of service; and
κ2021 Statutes of Nevada, Page 3468 (CHAPTER 520, AB 440)κ
(c) The peace officer shall not take the person into physical custody for the violation.
Sec. 21. NRS 484A.660 is hereby amended to read as follows:
484A.660 [Except for felonies and those offenses set forth in paragraphs (a) to (e), inclusive, of subsection 1 of NRS 484A.710,] When, based upon the personal investigation of a peace officer at the scene of a traffic crash , [may issue a traffic citation, as provided in NRS 484A.630, or a misdemeanor citation, as provided in NRS 171.1773, to any person involved in the crash when, based upon personal investigation,] the peace officer has reasonable and probable grounds to believe that [the] a person has committed any offense pursuant to the provisions of chapters 482 to 486, inclusive, or 706 of NRS in connection with the crash [.] , the peace officer must determine whether to issue, as applicable:
1. A traffic citation in accordance with the standards provided in NRS 484A.730; or
2. A misdemeanor citation in accordance with the standards provided in NRS 171.1771.
Sec. 22. NRS 484A.710 is hereby amended to read as follows:
484A.710 1. Any peace officer may, without a warrant, arrest a person if the officer has reasonable cause for believing that the person has committed any of the following offenses:
(a) Homicide by vehicle;
(b) A violation of NRS 484C.110 or 484C.120;
(c) A violation of NRS 484C.430;
(d) A violation of NRS 484C.130;
(e) Failure to stop, give information or render reasonable assistance in the event of a crash resulting in death or personal injuries in violation of NRS 484E.010 or 484E.030;
(f) Failure to stop or give information in the event of a crash resulting in damage to a vehicle or to other property legally upon or adjacent to a highway in violation of NRS 484E.020 or 484E.040;
(g) Reckless driving;
(h) Driving a motor vehicle on a highway or on premises to which the public has access at a time when the persons drivers license has been cancelled, revoked or suspended; or
(i) Driving a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to the person pursuant to NRS 483.490.
2. Whenever any person is arrested as authorized in this section, the person must be taken without unnecessary delay before the proper magistrate as specified in NRS 484A.750 . [, except that in the case of either of the offenses designated in paragraphs (f) and (g) of subsection 1, a peace officer has the same discretion as is provided in other cases in NRS 484A.730.]
Sec. 23. NRS 484A.720 is hereby amended to read as follows:
484A.720 Whenever any person is halted by a peace officer for any violation of chapters 484A to 484E, inclusive, of NRS , [not amounting to a gross misdemeanor or felony,] the person shall be taken without unnecessary delay before the proper magistrate, as specified in NRS 484A.750, in [either of] the following cases:
1. When the person demands an immediate appearance before a magistrate; [or]
2. When the person does not furnish satisfactory evidence of identity; or
κ2021 Statutes of Nevada, Page 3469 (CHAPTER 520, AB 440)κ
3. In any other event when the person is issued a traffic citation [by an authorized person] and refuses to sign or take physical delivery of a copy of the traffic citation.
Sec. 24. NRS 484A.730 is hereby amended to read as follows:
484A.730 1. Whenever any person is halted by a peace officer for any violation of chapters 484A to 484E, inclusive, of NRS punishable as a misdemeanor and is not required to be taken before a magistrate, the person [may,] must be given a traffic citation unless the violation constitutes a repeat offense or a prohibited offense, in which case the person may, in the discretion of the peace officer, either be given a traffic citation [,] or be taken without unnecessary delay before the proper magistrate. [The person must be taken before the magistrate in any of the following cases:
1. When the person does not furnish satisfactory evidence of identity or when the peace officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court or a notice to appear in court;]
2. [When the person is charged with a violation of NRS 484D.580 relating to the refusal of a driver of a vehicle to submit the vehicle to an inspection and test;
3. When the person is charged with a violation of NRS 484D.675 relating to the failure or refusal of a driver of a vehicle to submit the vehicle and load to a weighing or to remove excess weight therefrom; or
4. When the person is charged with a violation of NRS 484C.110 or 484C.120, unless the person is incapacitated and is being treated for injuries at the time the peace officer would otherwise be taking the person before the magistrate.] As used in this section:
(a) Prohibited offense means:
(1) A violation of NRS 484B.653;
(2) A violation of NRS 484C.110;
(3) A violation of NRS 484C.120;
(4) A violation of NRS 484E.020;
(5) A violation of NRS 484E.030;
(6) A violation of NRS 484E.040; or
(7) A crime of violence, as defined in NRS 200.408.
(b) Repeat offense means an offense for which the person has previously been arrested, convicted or issued a citation.
Sec. 25. NRS 488.920 is hereby amended to read as follows:
488.920 [Whenever]
1. Except as otherwise provided in subsection 2, whenever any person is halted by a game warden, sheriff or peace officer for any violation of this chapter, the person [shall,] :
(a) Must, except as otherwise provided in paragraph (b), be given a citation, if the violation is punishable as a misdemeanor; or
(b) May, in the discretion of the game warden, sheriff or peace officer either be given a citation or be taken without unnecessary delay before the proper magistrate [. The person shall] , if the violation is punishable as:
(1) A felony or gross misdemeanor; or
(2) A misdemeanor that constitutes a repeat offense or a prohibited offense.
2. A person described in subsection 1 must be taken before the proper magistrate in either of the following cases:
[1.] (a) When the person does not furnish satisfactory evidence of identity; or
κ2021 Statutes of Nevada, Page 3470 (CHAPTER 520, AB 440)κ
[2.] (b) When the game warden, sheriff or peace officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court.
3. As used in this section:
(a) Prohibited offense means:
(1) A crime of violence as defined in NRS 200.408.
(2) A violation of NRS 488.410.
(b) Repeat offense means an offense for which the person has previously been arrested, convicted or issued a citation.
Sec. 26. NRS 501.386 is hereby amended to read as follows:
501.386 1. Except as otherwise provided in subsection 2 and NRS 501.382, whenever any person is halted by a game warden for any violation of this title, the person [must,] :
(a) Must, except as otherwise provided in paragraph (b), be given a citation, if the violation is punishable as a misdemeanor; or
(b) May, in the discretion of the game warden, either be given a citation or be taken without unnecessary delay before the proper magistrate [. The person must] , if the violation is punishable as:
(1) A felony or gross misdemeanor; or
(2) A misdemeanor that constitutes a repeat offense or a crime of violence.
2. A person described in subsection 1 must be taken before the magistrate in either of the following cases:
[1.] (a) When the person does not furnish satisfactory evidence of identity; or
[2.] (b) When the game warden has reasonable and probable grounds to believe the person will disregard a written promise to appear in court.
3. As used in this section:
(a) Crime of violence has the meaning ascribed to it in NRS 200.408.
(b) Repeat offense means an offense for which the person has previously been arrested, convicted or issued a citation.
Sec. 27. 1. The amendatory provisions of sections 6, 21, 24, 25 and 26 of this act do not apply to a peace officer employed by the Division of Parole and Probation of the Department of Public Safety until the earlier of:
(a) The date that the Director of the Department of Public Safety notifies the Director of the Legislative Counsel Bureau that the Division of Parole and Probation has sufficient resources to carry out the amendatory provisions of sections 6, 21, 24, 25 and 26 of this act; or
(b) July 1, 2023.
2. As used in this section, peace officer means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.630, inclusive.
________
κ2021 Statutes of Nevada, Page 3471κ
Senate Bill No. 21Committee on Judiciary
CHAPTER 521
[Approved: June 8, 2021]
AN ACT relating to the protection of children; revising requirements relating to background investigations for certain applicants for employment with, and employees of, certain institutions, agencies and facilities that serve children; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires public or private institutions and agencies to which a juvenile court commits a child to conduct background investigations of employees of such institutions and agencies. (NRS 62B.270) Existing law also requires agencies which provide child welfare services to conduct background investigations of applicants for employment with, and employees of, such agencies. (NRS 432B.198) Existing law additionally requires certain facilities which provide residential mental health treatment to children to conduct background investigations of employees of such facilities. (NRS 433B.183) Such background investigations are conducted for the purpose of determining whether an applicant or employee has been convicted of certain specified crimes and, with respect to agencies which provide child welfare services, whether an applicant or employee has charges pending against him or her for any such crime. (NRS 62B.270, 432B.198, 433B.183) If the results of a background investigation correctly provide that an applicant or employee has been convicted of any such crime, the application for employment or the employment of the person must be denied or terminated, respectively. (NRS 62B.275, 432B.199, 433B.185) Additionally, if the results of a background investigation conducted by an agency which provides child welfare services correctly provide that an applicant or employee has charges pending against him or her for any such crime, the application for employment or the employment of the person may be denied or terminated, respectively. (NRS 432B.199)
Sections 1, 3 and 5 of this bill revise the specified crimes authorizing or requiring, as applicable, the denial of an application for employment or the termination of employment with such an institution, agency or facility. For the purposes of conforming with background investigations conducted by agencies which provide child welfare services, sections 1 and 5 also provide that, in addition to determining whether an employee has been convicted of certain specified crimes, the purpose of a background investigation conducted by public or private institutions and agencies to which a juvenile court commits a child and certain facilities which provide residential mental health treatment to children is to determine whether an employee has criminal charges pending against him or her for a specified crime. Accordingly, sections 2 and 6 of this bill provide that if such an employee has criminal charges pending against him or her for a specified crime, his or her employment may be terminated. Sections 1-6 of this bill specify when the period during which criminal charges are pending against an applicant or employee begins and ends.
Section 4 of this bill authorizes agencies which provide child welfare services to waive the prohibition on hiring an applicant who has been convicted of a specified crime if the institution, agency or facility adopts and applies an objective weighing test pursuant to which certain factors are considered relating to the applicant and the crime committed. Section 4 requires such an agency to track certain data regarding each applicant to whom the objective weighing test is applied and review the data at least once every 2 years to determine the efficacy of the test and whether the data indicates the presence of implicit bias.
κ2021 Statutes of Nevada, Page 3472 (CHAPTER 521, SB 21)κ
least once every 2 years to determine the efficacy of the test and whether the data indicates the presence of implicit bias. Section 4 also provides that: (1) the prohibition on hiring an applicant who has been convicted of a specified crime may not be waived through the use of the objective weighing test if the specified crime was sexually-related and the victim was a child who was less than 18 years of age when the crime was committed; and (2) the hiring determination made by such an institution, agency or facility after applying the objective weighing test to an applicant is final.
Existing law requires: (1) an employee of a public or private institution or agency to which a juvenile court commits a child or a facility which provides residential mental health treatment to children to submit two complete sets of his or her fingerprints as part of a background investigation; and (2) an applicant for employment with, or an employee of, an agency which provides child welfare services to submit one complete set of his or her fingerprints as part of a background investigation. (NRS 62B.270, 432B.198, 433B.183) Sections 1 and 5 require an employee of a public or private institution or agency to which a juvenile court commits a child or a facility which provides residential mental health treatment to children to submit one complete set of his or her fingerprints as part of a background investigation instead of two sets of fingerprints.
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 62B.270 is hereby amended to read as follows:
62B.270 1. A public institution or agency to which a juvenile court commits a child or the licensing authority of a private institution to which a juvenile court commits a child, including, without limitation, a facility for the detention of children, shall secure from appropriate law enforcement agencies information on the background and personal history of each employee of the institution or agency to determine [whether] :
(a) Whether the employee has been convicted of:
[(a)] (1) Murder, voluntary manslaughter , involuntary manslaughter or mayhem;
[(b)] (2) Any other felony involving the use or threatened use of force or violence or the use of a firearm or other deadly weapon;
[(c)] (3) Assault with intent to kill or to commit sexual assault or mayhem;
[(d)] (4) Battery which results in substantial bodily harm to the victim;
(5) Battery that constitutes domestic violence that is punishable as a felony;
(6) Battery that constitutes domestic violence, other than a battery described in subparagraph (5), within the immediately preceding 3 years;
(7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure , an offense involving pornography and a minor or any other sexually related crime;
[(e)] (8) A crime involving pandering or prostitution, including, without limitation, a violation of any provision of NRS 201.295 to 201.440, inclusive, other than a violation of NRS 201.354 by engaging in prostitution;
κ2021 Statutes of Nevada, Page 3473 (CHAPTER 521, SB 21)κ
(9) Abuse or neglect of a child [or contributory delinquency;
(f)] , including, without limitation, a violation of any provision of NRS 200.508 or 200.5083;
(10) 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 [;
(g)] within the immediately preceding 3 years;
(11) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance that is punishable as a felony;
(12) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance, other than a violation described in subparagraph (11), within the immediately preceding 3 years;
(13) 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; or
[(h)] (14) Any offense involving arson, fraud, theft, embezzlement, burglary, robbery, fraudulent conversion , [or] misappropriation of property or perjury within the immediately preceding 7 years [.] ; or
(b) Whether there are criminal charges pending against the employee for a crime listed in paragraph (a).
2. An employee of the public or private institution or agency must submit to the public institution or agency or the licensing authority, as applicable, [two] a complete [sets] set of fingerprints and written authorization to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
3. The public institution or agency or the licensing authority, as applicable, may exchange with the Central Repository or the Federal Bureau of Investigation any information concerning the fingerprints submitted.
4. The public institution or agency or the licensing authority, as applicable, may charge an employee investigated pursuant to this section for the reasonable cost of that investigation.
5. When a report from the Federal Bureau of Investigation is received by the Central Repository, the Central Repository shall immediately forward a copy of the report to the public institution or agency or the licensing authority, as applicable, for a determination of whether the employee has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 or has been convicted of a crime listed in paragraph (a) of subsection 1.
6. A person who is required to submit to an investigation required pursuant to this section shall not have contact with a child without supervision in a public or private institution or agency to which a juvenile court commits a child, including, without limitation, a facility for the detention of children, before the investigation of the background and personal history of the person has been conducted.
7. The public institution or agency or the licensing authority, as applicable, shall conduct an investigation of each employee of the institution or agency pursuant to this section at least once every 5 years after the initial investigation.
κ2021 Statutes of Nevada, Page 3474 (CHAPTER 521, SB 21)κ
8. For the purposes of this section, the period during which criminal charges are pending against an employee for a crime listed in paragraph (a) of subsection 1 begins when the employee is arrested for such a crime and ends when:
(a) A determination is made as to the guilt or innocence of the employee with regard to such a crime at a trial or by a plea; or
(b) The prosecuting attorney makes a determination to:
(1) Decline charging the employee with a crime listed in paragraph (a) of subsection 1; or
(2) Proceed with charges against the employee for only one or more crimes not listed in paragraph (a) of subsection 1.
Sec. 2. NRS 62B.275 is hereby amended to read as follows:
62B.275 1. Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to NRS 62B.270 or evidence from any other source that an employee of a public institution or agency to which a juvenile court commits a child or the licensing authority of a private institution to which a juvenile court commits a child, including, without limitation, a facility for the detention of children [, has] :
(a) Has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 62B.270:
(1) The public institution or agency may terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2; or
(2) The licensing authority of the private institution shall inform the private institution of the receipt of the information or evidence, and the institution may terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2; or
(b) Has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 62B.270:
[(a)] (1) The public institution or agency shall terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2; or
[(b)] (2) The licensing authority of the private institution shall inform the private institution of the receipt of the information or evidence, and the institution shall terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2.
2. If an employee believes that the information provided to the public institution or agency or the licensing authority by the Central Repository pursuant to NRS 62B.270 is incorrect, the employee must inform his or her employing institution or agency immediately. An institution or agency that is so informed shall give the employee a reasonable amount of time of not less than 30 days to correct the information.
3. During the period in which an employee seeks to correct information pursuant to subsection 2, it is within the discretion of the employing institution or agency whether to allow the employee to continue to work for the institution or agency, as applicable, except that the employee shall not have contact with a child in the institution or agency without supervision during such period.
κ2021 Statutes of Nevada, Page 3475 (CHAPTER 521, SB 21)κ
4. For the purposes of this section, the period during which criminal charges are pending against an employee for a crime listed in paragraph (a) of subsection 1 of NRS 62B.270 begins and ends as set forth in subsection 8 of that section.
Sec. 3. NRS 432B.198 is hereby amended to read as follows:
432B.198 1. An agency which provides child welfare services shall secure from appropriate law enforcement agencies information on the background and personal history of each applicant for employment with the agency, and each employee of the agency, to determine:
(a) Whether the applicant or employee has been convicted of:
(1) Murder, voluntary manslaughter, involuntary manslaughter or mayhem;
(2) Any other felony involving the use or threatened use of force or violence or the use of a firearm or other deadly weapon;
(3) Assault with intent to kill or to commit sexual assault or mayhem;
(4) Battery which results in substantial bodily harm to the victim;
(5) Battery that constitutes domestic violence that is punishable as a felony;
(6) Battery that constitutes domestic violence, other than a battery described in subparagraph (5), within the immediately preceding 3 years;
(7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure , [or] an offense involving pornography and a minor [;] or any other sexually related crime;
(8) A crime involving pandering or prostitution, including, without limitation, a violation of any provision of NRS 201.295 to 201.440, inclusive [;] , other than a violation of NRS 201.354 by engaging in prostitution;
(9) Abuse or neglect of a child, including, without limitation, a violation of any provision of NRS 200.508 or 200.5083 ; [or contributory delinquency;]
(10) 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 3 years;
(11) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance that is punishable as a felony;
(12) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance, other than a violation described in subparagraph (11), within the immediately preceding 3 years;
(13) 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; or
(14) Any offense involving arson, fraud, theft, embezzlement, burglary, robbery, fraudulent conversion, misappropriation of property or perjury within the immediately preceding 7 years; or
(b) Whether there are criminal charges pending against the applicant or employee for a [violation of an offense] crime listed in paragraph (a).
2. An agency which provides child welfare services shall request information from:
κ2021 Statutes of Nevada, Page 3476 (CHAPTER 521, SB 21)κ
(a) The Statewide Central Registry concerning an applicant for employment with the agency, or an employee of the agency, to determine whether there has been a substantiated report of child abuse or neglect made against the applicant or employee; and
(b) The central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years to ensure satisfactory clearance with that registry.
3. Each applicant for employment with an agency which provides child welfare services, and each employee of an agency which provides child welfare services, must submit to the agency:
(a) A complete set of his or her fingerprints and written authorization to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and
(b) Written authorization for the agency to obtain any information that may be available from the Statewide Central Registry or the central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years.
4. An agency which provides child welfare services may exchange with the Central Repository or the Federal Bureau of Investigation any information concerning the fingerprints submitted pursuant to this section.
5. When a report from the Federal Bureau of Investigation is received by the Central Repository, the Central Repository shall immediately forward a copy of the report to the agency which provides child welfare services for a determination of whether the applicant or employee has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 or has been convicted of a crime listed in paragraph (a) of subsection 1.
6. An agency which provides child welfare services shall conduct an investigation of each employee of the agency pursuant to this section at least once every 5 years after the initial investigation.
7. For the purposes of this section, the period during which criminal charges are pending against an applicant or employee for a crime listed in paragraph (a) of subsection 1 begins when the applicant or employee is arrested for such a crime and ends when:
(a) A determination is made as to the guilt or innocence of the applicant or employee with regard to such a crime at a trial or by a plea; or
(b) The prosecuting attorney makes a determination to:
(1) Decline charging the applicant or employee with a crime listed in paragraph (a) of subsection 1; or
(2) Proceed with charges against the applicant or employee for only one or more crimes not listed in paragraph (a) of subsection 1.
8. As used in this section, Statewide Central Registry means the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100.
Sec. 4. NRS 432B.199 is hereby amended to read as follows:
432B.199 1. If the report from the Federal Bureau of Investigation forwarded to an agency which provides child welfare services pursuant to subsection 5 of NRS 432B.198,
κ2021 Statutes of Nevada, Page 3477 (CHAPTER 521, SB 21)κ
subsection 5 of NRS 432B.198, the information received by an agency which provides child welfare services pursuant to subsection 2 of NRS 432B.198 or evidence from any other source indicates that an applicant for employment with the agency, or an employee of the agency:
(a) Has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 432B.198, the agency may deny employment to the applicant or terminate the employment of the employee after allowing the applicant or employee time to correct the information as required pursuant to subsection 2 or 3, whichever is applicable; or
(b) [Has] Except as otherwise provided in subsection 6, has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 432B.198, has had a substantiated report of child abuse or neglect made against him or her or has not been satisfactorily cleared by a central registry described in paragraph (b) of subsection 2 of NRS 432B.198, the agency shall deny employment to the applicant or terminate the employment of the employee after allowing the applicant or employee time to correct the information as required pursuant to subsection 2 or 3, whichever is applicable.
2. If an applicant for employment or an employee believes that the information in the report from the Federal Bureau of Investigation forwarded to the agency which provides child welfare services pursuant to subsection 5 of NRS 432B.198 is incorrect, the applicant or employee must inform the agency immediately. An agency that provides child welfare services that is so informed shall give the applicant or employee a reasonable amount of time of not less than 30 days to correct the information.
3. If an applicant for employment or an employee believes that the information received by an agency which provides child welfare services pursuant to subsection 2 of NRS 432B.198 is incorrect, the applicant or employee must inform the agency immediately. An agency which provides child welfare services that is so informed shall give the applicant or employee a reasonable amount of time of not less than 60 days to correct the information.
4. During the period in which an applicant or employee seeks to correct information pursuant to subsection 2 or 3, the applicant or employee:
(a) Shall not have contact with a child or a relative or guardian of the child in the course of performing any duties as an employee of the agency which provides child welfare services.
(b) May be placed on leave without pay.
5. The provisions of subsection 4 must not be construed as preventing an agency which provides child welfare services from initiating internal disciplinary procedures against an employee during the period in which an employee seeks to correct information pursuant to subsection 2 or 3.
6. Except as otherwise provided in subsection 7, an agency which provides child welfare services may waive the prohibition on hiring an applicant who has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 432B.198 if the agency adopts and applies an objective weighing test in accordance with this subsection. The objective weighing test must include factors the agency will consider when making a determination as to whether to waive such a prohibition, including, without limitation:
κ2021 Statutes of Nevada, Page 3478 (CHAPTER 521, SB 21)κ
(a) The age, maturity and capacity of the applicant at the time of his or her conviction;
(b) The length of time since the applicant committed the crime;
(c) Any participation by the applicant in rehabilitative services; and
(d) The relevance of the crime to the position for which the applicant has applied.
7. The prohibition on hiring an applicant who has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 432B.198 may not be waived through the use of the objective weighing test if the crime was sexually-related and the victim was a child who was less than 18 years of age when the crime was committed.
8. An agency which provides child welfare services shall, with regard to each applicant to whom the agency applies the objective weighing test pursuant to subsection 6:
(a) Track the age, race and ethnicity of the applicant, the position for which the applicant applied and the hiring determination made by the agency; and
(b) Review such data not less than once every 2 years to determine the efficacy of the objective weighing test and whether the data indicates the presence of any implicit bias.
9. The hiring determination made by an agency which provides child welfare services with regard to an applicant to whom the agency applies the objective weighing test is final.
10. For the purposes of this section, the period during which criminal charges are pending against an applicant or employee for a crime listed in paragraph (a) of subsection 1 of NRS 432B.198 begins and ends as set forth in subsection 7 of that section.
Sec. 5. NRS 433B.183 is hereby amended to read as follows:
433B.183 1. A division facility which provides residential treatment to children shall secure from appropriate law enforcement agencies information on the background and personal history of [an] each employee of the facility to determine [whether] :
(a) Whether the employee has been convicted of:
[(a)] (1) Murder, voluntary manslaughter , involuntary manslaughter or mayhem;
[(b)] (2) Any other felony involving the use or threatened use of force or violence or the use of a firearm or other deadly weapon;
[(c)] (3) Assault with intent to kill or to commit sexual assault or mayhem;
[(d)] (4) Battery which results in substantial bodily harm to the victim;
(5) Battery that constitutes domestic violence that is punishable as a felony;
(6) Battery that constitutes domestic violence, other than a battery described in subparagraph (5), within the immediately preceding 3 years;
(7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure , an offense involving pornography and a minor or any other sexually related crime;
[(e)] (8) A crime involving pandering or prostitution, including, without limitation, a violation of any provision of NRS 201.295 to 201.440, inclusive, other than a violation of NRS 201.354 by engaging in prostitution;
κ2021 Statutes of Nevada, Page 3479 (CHAPTER 521, SB 21)κ
(9) Abuse or neglect of a child [or contributory delinquency;
(f)] , including, without limitation, a violation of any provision of NRS 200.508 or 200.5083;
(10) 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 [;
(g)] within the immediately preceding 3 years;
(11) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance that is punishable as a felony;
(12) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance, other than a violation described in subparagraph (11), within the immediately preceding 3 years;
(13) 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; or
[(h)] (14) Any offense involving arson, fraud, theft, embezzlement, burglary, robbery, fraudulent conversion , [or] misappropriation of property or perjury within the immediately preceding 7 years [.] ; or
(b) Whether there are criminal charges pending against the employee for a crime listed in paragraph (a).
2. An employee must submit to the Division [two] a complete [sets] set of fingerprints and written authorization to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
3. The Division may exchange with the Central Repository or the Federal Bureau of Investigation any information concerning the fingerprints submitted.
4. The Division may charge an employee investigated pursuant to this section for the reasonable cost of that investigation.
5. When a report from the Federal Bureau of Investigation is received by the Central Repository, the Central Repository shall immediately forward a copy of the report to the Division for a determination of whether the employee has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 or has been convicted of a crime listed in paragraph (a) of subsection 1.
6. An employee who is required to submit to an investigation required pursuant to this section shall not have contact with a child in a division facility without supervision before the investigation of the background and personal history of the employee has been conducted.
[6.] 7. The division facility shall conduct an investigation of each employee pursuant to this section at least once every 5 years after the initial investigation.
8. For the purposes of this section, the period during which criminal charges are pending against an employee for a crime listed in paragraph (a) of subsection 1 begins when the employee is arrested for such a crime and ends when:
κ2021 Statutes of Nevada, Page 3480 (CHAPTER 521, SB 21)κ
(a) A determination is made as to the guilt or innocence of the employee with regard to such a crime at a trial or by a plea; or
(b) The prosecuting attorney makes a determination to:
(1) Decline charging the employee with a crime listed in paragraph (a) of subsection 1; or
(2) Proceed with charges against the employee for only one or more crimes not listed in paragraph (a) of subsection 1.
Sec. 6. NRS 433B.185 is hereby amended to read as follows:
433B.185 1. Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to NRS 433B.183 or evidence from any other source that an employee of a division facility that provides residential treatment for children [has] :
(a) Has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 of NRS 433B.183, the administrative officer may terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2; or
(b) Has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 433B.183, the administrative officer shall terminate the employment of the employee after allowing the employee time to correct the information as required pursuant to subsection 2.
2. If an employee believes that the information provided to the division facility pursuant to subsection 1 is incorrect, the employee must inform the division facility immediately. A division facility that is so informed shall give the employee 30 days to correct the information.
3. During the period in which an employee seeks to correct information pursuant to subsection 2, it is within the discretion of the administrative officer whether to allow the employee to continue to work for the division facility, except that the employee shall not have contact with a child in the division facility without supervision during such period.
4. For the purposes of this section, the period during which criminal charges are pending against an employee for a crime listed in paragraph (a) of subsection 1 of NRS 433B.183 begins and ends as set forth in subsection 8 of that section.
Sec. 7. This act becomes effective on January 1, 2022.
________
κ2021 Statutes of Nevada, Page 3481κ
Senate Bill No. 44Committee on Commerce and Labor
CHAPTER 522
[Approved: June 8, 2021]
AN ACT relating to behavioral health; requiring an alternate means for an applicant for certain licenses and certificates to submit official transcripts if certain conditions are satisfied; requiring the adoption of regulations that authorize the remote supervision of certain persons; requiring licensing boards that regulate various professions relating to behavioral health to report certain information; revising provisions governing certain licenses by endorsement; providing for the issuance of a license as a master social worker to an applicant who meets certain qualifications; authorizing a master social worker or independent social worker to engage in certain activities; prescribing required documentation for an applicant for a license to engage in social work who is the graduate of a foreign college or university; authorizing the Board of Examiners for Social Workers to place a license to engage in social work on inactive status and refuse to issue a license under certain circumstances; requiring an employee of the Board to submit a complaint against a licensee to the Board under certain circumstances; prohibiting a person from engaging in the unlicensed practice of social work; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes educational requirements for the issuance of: (1) a license as a psychologist, clinical professional counselor, marriage and family therapist, marriage and family therapist intern, clinical professional counselor intern, social worker, clinical social worker, independent social worker, clinical alcohol and drug counselor, clinical alcohol and drug counselor intern or alcohol and drug counselor; (2) a registration as a psychological intern, psychological assistant or psychological trainee; or (3) a certificate as a clinical alcohol and drug counselor intern, alcohol and drug counselor, alcohol and drug counselor intern, problem gambling counselor or problem gambling counselor intern. (NRS 641.170, 641.226, 641A.220, 641A.231, 641A.287, 641A.288, 641B.220-641B.240, 641C.330, 641C.340, 641C.350, 641C.390, 641C.420, 641C.430, 641C.440) If the Board of Psychological Examiners, the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors, the Board of Examiners for Social Workers or the Board of Examiners for Alcohol, Drug and Gambling Counselors requires the submission of official transcripts as proof of those educational qualifications, sections 2, 5, 11.3 and 22.5 of this bill require those boards to provide an alternate means for an applicant to submit official transcripts if: (1) the college or university from which the applicant graduated has closed or has merged with another institution; and (2) the provision of official transcripts by ordinary means is not available or possible.
Existing law requires the Board of Psychological Examiners, the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors, the Board of Examiners for Social Workers and the Board of Examiners for Alcohol, Drug and Gambling Counselors to adopt regulations prescribing standards concerning the electronic supervision of persons obtaining supervised experience for licensure, including interns. (NRS 641.100, 641A.160, 641B.160, 641C.200) Sections 2.5, 5.5, 11.7 and 23.5 of this bill require those boards to adopt regulations authorizing remote supervision, including electronic supervision, and prescribing standards for such remote supervision.
κ2021 Statutes of Nevada, Page 3482 (CHAPTER 522, SB 44)κ
Existing law requires the Board of Psychological Examiners, the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors, the Board of Examiners for Social Workers and the Board of Examiners for Alcohol, Drug and Gambling Counselors to report certain information concerning investigations of misconduct and applications for licensure or certification to the Legislative Committee on Health Care. (NRS 641.145, 641A.183, 641B.165, 641C.230) Sections 3, 6, 12 and 24 of this bill: (1) require those licensing boards to submit those reports to the Chair of each regional behavioral health policy board; (2) require those reports to include certain information concerning applications for licensure or certification by endorsement; and (3) authorize the submission of those reports to the Chair of each regional behavioral health policy board in a written format.
Existing law authorizes the issuance of a license by endorsement as a psychologist, marriage and family therapist, clinical professional counselor, social worker, clinical social worker, independent social worker, clinical alcohol and drug counselor or alcohol and drug counselor, or a certificate by endorsement as an alcohol and drug counselor or problem gambling counselor, to a person who is licensed or certified, as applicable, in another jurisdiction of the United States and meets certain other requirements. (NRS 641.195, 641A.241, 641B.271, 641C.3305, 641C.355, 641C.395, 641C.432) Existing law: (1) prescribes similar requirements for the issuance of an expedited license or certificate, as applicable, by endorsement to practice in those professions to an applicant who is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran; and (2) authorizes the issuance of a provisional license to such an applicant before making a final decision. (NRS 641.196, 641A.242, 641B.272, 641C.3306, 641C.356, 641C.396, 641C.433) Existing law reduces certain fees for such applicants. (NRS 641.228, 641A.290, 641B.300, 641C.470) Sections 3.6, 6.8, 17.5, 25.2-25.8 and 33.5 of this bill combine sections governing expedited licensure or certification by endorsement for a general applicant with sections governing licensure or certification by endorsement for an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran. The combined provisions: (1) authorize the issuance of a license or certificate by endorsement when the statutory requirements are met; (2) revise various requirements for the issuance of licenses and certificates by endorsement; and (3) authorize the issuance of a provisional license or certificate for any reason. Sections 3.3, 6.2-6.6 and 24.5 of this bill make conforming changes which remove references to repealed sections. Sections 4.5, 7.5, 20 and 25.9 of this bill make conforming changes so that active members of, or the spouses of active members of, the Armed Forces of the United States, veterans and the surviving spouses of veterans continue to receive reductions in fees.
Existing law authorizes the Board of Examiners for Social Workers to issue a license as: (1) a social worker to an applicant who possesses a baccalaureate degree or masters degree in social work and passes an examination; (2) an independent social worker to an applicant who possesses a masters or doctoral degree in social work, completes at least 3,000 hours of supervised, postgraduate social work and passes an examination; and (3) a clinical social worker to an applicant who possesses a masters or doctoral degree in social work, completes at least 3,000 hours of supervised, postgraduate clinical social work and passes an examination. (NRS 641B.220, 641B.230, 641B.240) Section 9 of this bill additionally authorizes the Board to issue a license as a master social worker to an applicant who possesses a masters or doctoral degree in social work and passes an examination. Sections 9 and 22 of this bill authorize a master social worker to engage in independent social work or clinical social work as part of an approved internship program to complete the requirements for licensure as an independent or clinical social worker, as applicable. Section 9 additionally authorizes a master social worker to supervise other persons engaging in the practice of social work. Section 20 of this bill establishes the maximum fees that the Board is authorized to charge and collect for the issuance and renewal of a license as a master social worker.
κ2021 Statutes of Nevada, Page 3483 (CHAPTER 522, SB 44)κ
renewal of a license as a master social worker. Sections 1, 13, 26 and 28-31 of this bill make conforming changes to ensure that a master social worker is treated similarly to other types of social worker in various circumstances.
Sections 9, 10, 14-16 and 18 of this bill authorize the Board of Examiners for Social Workers to issue a license as a social worker, master social worker, independent social worker, or clinical social worker, or a provisional license as a social worker to an applicant who has graduated from a foreign college or university if the applicant submits certain documentation concerning his or her degree and meets the other requirements for licensure. Section 11 of this bill authorizes the Board to put a license on inactive status for not more than 5 years upon the application of a licensee who is in good standing. Sections 11 and 19 of this bill exempt a licensee who holds an inactive license from the requirement to complete continuing education, and sections 11 and 22 of this bill prohibit an inactive licensee from engaging in the practice of social work. Section 17 of this bill revises the conditions under which the Board is authorized to refuse to issue a license. Section 21 of this bill requires an employee of the Board who is aware that grounds for disciplinary action may exist against a person practicing social work to submit a complaint to the Board.
Existing law makes it a misdemeanor for a person to engage in: (1) the independent practice of social work unless he or she is licensed as an independent social worker or a clinical social worker; or (2) the clinical practice of social work unless he or she is licensed as a clinical social worker. (NRS 641B.505) Section 22 of this bill additionally makes it a misdemeanor to engage in the practice of social work unless a person is licensed as an associate in social work, social worker, master social worker, independent social worker or clinical social worker. Sections 15 and 22 of this bill authorize an independent social worker to engage in clinical social work as part of an approved internship program to complete the requirements for licensure as a clinical social worker.
Existing law authorizes a clinical social worker to engage in the practice of counseling persons with alcohol or other substance use disorders and counseling persons with an addictive disorder related to gambling with the authorization of the Board of Examiners for Social Workers. (NRS 641C.130) Section 23 of this bill additionally authorizes a person who is licensed as a master social worker or independent social worker and engaging in clinical social work as part of an approved internship program to engage in such counseling with the authorization of the Board.
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 629.031 is hereby amended to read as follows:
629.031 Except as otherwise provided by a specific statute:
1. Provider of health care means:
(a) A physician licensed pursuant to chapter 630, 630A or 633 of NRS;
(b) A physician assistant;
(c) A dentist;
(d) A licensed nurse;
(e) A person who holds a license as an attendant or who is certified as an emergency medical technician, advanced emergency medical technician or paramedic pursuant to chapter 450B of NRS;
(f) A dispensing optician;
(g) An optometrist;
(h) A speech-language pathologist;
(i) An audiologist;
(j) A practitioner of respiratory care;
(k) A licensed physical therapist;
κ2021 Statutes of Nevada, Page 3484 (CHAPTER 522, SB 44)κ
(l) An occupational therapist;
(m) A podiatric physician;
(n) A licensed psychologist;
(o) A licensed marriage and family therapist;
(p) A licensed clinical professional counselor;
(q) A music therapist;
(r) A chiropractor;
(s) An athletic trainer;
(t) A perfusionist;
(u) A doctor of Oriental medicine in any form;
(v) A medical laboratory director or technician;
(w) A pharmacist;
(x) A licensed dietitian;
(y) An associate in social work, a social worker, a master social worker, an independent social worker or a clinical social worker licensed pursuant to chapter 641B of NRS;
(z) An alcohol and drug counselor or a problem gambling counselor who is certified pursuant to chapter 641C of NRS;
(aa) An alcohol and drug counselor or a clinical alcohol and drug counselor who is licensed pursuant to chapter 641C of NRS; or
(bb) A medical facility as the employer of any person specified in this subsection.
2. For the purposes of NRS 629.400 to 629.490, inclusive, the term includes:
(a) A person who holds a license or certificate issued pursuant to chapter 631 of NRS; and
(b) A person who holds a current license or certificate to practice his or her respective discipline pursuant to the applicable provisions of law of another state or territory of the United States.
Sec. 2. Chapter 641 of NRS is hereby amended by adding thereto a new section to read as follows:
If the Board requires an applicant for a license or registration pursuant to this chapter to submit official transcripts as proof of his or her educational qualifications, the Board must provide an alternate means for the applicant to submit official transcripts if:
1. The college or university from which the applicant graduated has closed or has merged with another institution; and
2. The provision of official transcripts by ordinary means is not available or possible.
Sec. 2.5. NRS 641.100 is hereby amended to read as follows:
641.100 1. The Board shall adopt regulations : [prescribing:]
(a) [Uniform] Prescribing uniform standards concerning the locations at which persons obtaining supervised experience that is required for licensure by the Board provide services;
(b) [Standards concerning] Authorizing the remote supervision, including, without limitation, electronic supervision , of persons obtaining supervised experience that is required for licensure by the Board who are working at remote sites [;] and prescribing standards concerning such remote supervision; and
κ2021 Statutes of Nevada, Page 3485 (CHAPTER 522, SB 44)κ
(c) [A] Prescribing a manner by which the qualifications for the issuance or renewal of a license under the provisions of this chapter will be made available to the public such that those qualifications are clearly defined and easily understood.
2. The Board may make and promulgate any other rules and regulations not inconsistent with the provisions of this chapter governing its procedure, the examination and licensure of applicants, the granting, refusal, revocation or suspension of licenses, the registration of persons as psychological assistants, psychological interns or psychological trainees and the practice of psychology.
3. On the date that the Board gives notice pursuant to NRS 233B.060 of its intent to adopt, amend or repeal a regulation, the Board shall submit the regulation to the Commission on Behavioral Health for review. The Commission shall review the regulation and make recommendations to the Board concerning the advisability of adopting, amending or repealing the regulation and any changes that the Commission deems advisable.
Sec. 3. NRS 641.145 is hereby amended to read as follows:
641.145 1. On or before February 1 of each year, the Board shall submit to the Legislative Committee on Health Care and to the Chair of each regional behavioral health policy board created by NRS 433.429 a report which must include:
[1.] (a) The number of complaints received, investigations completed, cases dismissed, cases settled and cases for which hearings were held within the immediately preceding calendar year; [and
2.] (b) The number of applications for the issuance or renewal of a license or registration received by the Board during the immediately preceding calendar year and the number of those applications for which the Board conducted additional review beyond the standard review regularly conducted by the Board [.] ; and
(c) The number of applications for the issuance of a license by endorsement received by the Board pursuant to NRS 641.196 during the immediately preceding calendar year, the number of those applications that were denied and the reasons for denial.
2. The report submitted pursuant to this section to the Chair of each regional behavioral health policy board created by NRS 433.429 may be submitted in a written format.
Sec. 3.3. NRS 641.170 is hereby amended to read as follows:
641.170 1. Except as otherwise provided in NRS [641.195 and] 641.196, each application for licensure as a psychologist must be accompanied by evidence satisfactory to the Board that the applicant:
(a) Is at least 21 years of age.
(b) Is of good moral character as determined by the Board.
(c) Has earned a doctorate in psychology from an accredited educational institution approved by the Board, or has other doctorate-level training from an accredited educational institution deemed equivalent by the Board in both subject matter and extent of training.
(d) Has at least 2 years of experience satisfactory to the Board, 1 year of which must be postdoctoral experience in accordance with the requirements established by regulations of the Board.
2. Except as otherwise provided in NRS [641.195 and] 641.196, within 120 days after receiving an application and the accompanying evidence from an applicant, the Board shall:
κ2021 Statutes of Nevada, Page 3486 (CHAPTER 522, SB 44)κ
(a) Evaluate the application and accompanying evidence and determine whether the applicant is qualified pursuant to this section for licensure; and
(b) Issue a written statement to the applicant of its determination.
3. The written statement issued to the applicant pursuant to subsection 2 must include:
(a) If the Board determines that the qualifications of the applicant are insufficient for licensure, a detailed explanation of the reasons for that determination.
(b) If the applicant for licensure as a psychologist has not earned a doctorate in psychology from an accredited educational institution approved by the Board and the Board determines that the doctorate-level training from an accredited educational institution is not equivalent in subject matter and extent of training, a detailed explanation of the reasons for that determination.
Sec. 3.6. NRS 641.196 is hereby amended to read as follows:
641.196 1. The Board may issue a license by endorsement as a psychologist to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant [:
(a) Holds] holds a corresponding valid and unrestricted license as a psychologist 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 surviving spouse of a veteran.]
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board 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 the state or territory in which the applicant holds a license as a psychologist; 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) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641.160;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(d) The fee prescribed by the Board pursuant to NRS 641.228 for the issuance of an initial license; and
(e) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement as a psychologist pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as a psychologist to the applicant not later than [:
(a) Forty-five] 45 days after receiving all the additional information required by the Board to complete the application . [; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.]
κ2021 Statutes of Nevada, Page 3487 (CHAPTER 522, SB 44)κ
4. A license by endorsement as a psychologist may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may , for any reason, grant a provisional license authorizing an applicant to practice as a psychologist in accordance with regulations adopted by the Board.
[6. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.]
Sec. 4. (Deleted by amendment.)
Sec. 4.5. NRS 641.228 is hereby amended to read as follows:
641.228 1. The Board shall charge and collect not more than the following fees respectively:
For the national examination, in addition to the actual cost to the Board of the examination.................................................................................................................................................................................. $100
For any other examination required pursuant to the provisions of subsection 1 of NRS 641.180, in addition to the actual costs to the Board of the examination...................................................... 100
For the issuance of an initial license.............................................................................................................................. 25
For the issuance of an initial license by endorsement.............................................................................................. 125
For the biennial renewal of a license of a psychologist........................................................................................... 850
For the restoration of a license suspended for the nonpayment of the biennial fee for the renewal of a license................................................................................................................................................. 200
For the restoration of a license suspended for the nonsubmission of evidence to the Board of completion of the requirements for continuing education as required for the renewal of the license............................................................................................................................................................. 200
For the registration of a firm, partnership or corporation which engages in or offers to engage in the practice of psychology................................................................................................................... 300
For the registration of a nonresident to practice as a consultant............................................................................ 100
For the initial registration of a psychological assistant, psychological intern or psychological trainee............................................................................................................................................... 250
For the renewal of a registration of a psychological assistant, psychological intern or psychological trainee............................................................................................................................................... 150
2. An applicant who passes the national examination and any other examination required pursuant to the provisions of subsection 1 of NRS 641.180 and who is eligible for a license as a psychologist shall pay the biennial fee for the renewal of a license, which must be prorated for the period from the date the license is issued to the end of the biennium.
3. [Except as otherwise provided in subsections 4 and 5 and NRS 641.195, in] In addition to the fees set forth in subsection 1, the Board may charge and collect a fee for the expedited processing of a request or for any other incidental service it provides. The fee must not exceed the cost to provide the service.
4. [If] Except as otherwise provided in subsection 5, if an applicant submits an application for a license by endorsement pursuant to NRS [641.195,] 641.196, the Board shall charge and collect:
κ2021 Statutes of Nevada, Page 3488 (CHAPTER 522, SB 44)κ
(a) Not more than the fee specified in subsection 1 for the issuance of an initial license by endorsement; and
(b) The biennial fee for the renewal of a license, which must be prorated for the period from the date the license is issued to the end of the biennium.
5. If an [applicant] active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran submits an application for a license by endorsement pursuant to NRS 641.196, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license by endorsement.
6. If an applicant submits an application for initial registration as a psychological assistant, psychological intern or psychological trainee pursuant to NRS 641.226 and the applicant has previously been registered as a psychological assistant, psychological intern or psychological trainee, the Board must waive the fee set forth in subsection 1 for the initial registration.
7. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
Sec. 5. Chapter 641A of NRS is hereby amended by adding thereto a new section to read as follows:
If the Board requires an applicant for a license to practice as a marriage and family therapist or clinical professional counselor to submit official transcripts as proof of his or her educational qualifications, the Board must provide an alternate means for the applicant to submit official transcripts if:
1. The college or university from which the applicant graduated has closed or has merged with another institution; and
2. The provision of official transcripts by ordinary means is not available or possible.
Sec. 5.5. NRS 641A.160 is hereby amended to read as follows:
641A.160 1. The Board shall adopt regulations not inconsistent with the provisions of this chapter governing its procedure, the examination and licensing of applicants, the granting, refusal, revocation or suspension of licenses, and the practice of marriage and family therapy and the practice of clinical professional counseling as those practices apply to this chapter.
2. The regulations adopted pursuant to subsection 1 must : [prescribe:]
(a) [Uniform] Prescribe uniform standards concerning the locations at which interns provide services;
(b) [Standards concerning] Authorize the remote supervision, including, without limitation, electronic supervision , of interns working at remote sites [;] and prescribe standards concerning such remote supervision; and
(c) [A] Prescribe a manner by which the qualifications for the issuance or renewal of a license under the provisions of this chapter will be made available to the public such that those qualifications are clearly defined and easily understood.
3. On the date that the Board gives notice pursuant to NRS 233B.060 of its intent to adopt, amend or repeal a regulation, the Board shall submit the regulation to the Commission on Behavioral Health for review. The Commission shall review the regulation and make recommendations to the Board concerning the advisability of adopting, amending or repealing the regulation and any changes that the Commission deems advisable.
κ2021 Statutes of Nevada, Page 3489 (CHAPTER 522, SB 44)κ
Sec. 6. NRS 641A.183 is hereby amended to read as follows:
641A.183 1. On or before February 1 of each year, the Board shall submit to the Legislative Committee on Health Care and to the Chair of each regional behavioral health policy board created by NRS 433.429 a report which must include:
[1.] (a) The number of complaints received, investigations completed, cases dismissed, cases settled and cases for which hearings were held within the immediately preceding calendar year; [and
2.] (b) The number of applications for the issuance or renewal of a license received by the Board during the immediately preceding calendar year and the number of those applications for which the Board conducted additional review beyond the standard review regularly conducted by the Board [.] ; and
(c) The number of applications for the issuance of a license by endorsement received by the Board pursuant to NRS 641A.242 during the immediately preceding calendar year, the number of those applications that were denied and the reasons for denial.
2. The report submitted pursuant to this section to the Chair of each regional behavioral health policy board created by NRS 433.429 may be submitted in a written format.
Sec. 6.2. NRS 641A.220 is hereby amended to read as follows:
641A.220 Except as otherwise provided in NRS [641A.241 and] 641A.242, each applicant for a license to practice as a marriage and family therapist must furnish evidence satisfactory to the Board that the applicant:
1. Is at least 21 years of age;
2. Is of good moral character;
3. Has completed residency training in psychiatry from an accredited institution approved by the Board, has a graduate degree in marriage and family therapy, psychology or social work from an accredited institution approved by the Board or has completed other education and training which is deemed equivalent by the Board;
4. Has:
(a) At least 2 years of postgraduate experience in marriage and family therapy; and
(b) At least 3,000 hours of supervised experience in marriage and family therapy, of which at least 1,500 hours must consist of direct contact with clients; and
5. Holds an undergraduate degree from an accredited institution approved by the Board.
Sec. 6.4. NRS 641A.230 is hereby amended to read as follows:
641A.230 1. Except as otherwise provided in subsection 2 and NRS [641A.241 and] 641A.242, each qualified applicant for a license to practice as a marriage and family therapist must pass a written examination given by the Board on his or her knowledge of marriage and family therapy. Examinations must be given at a time and place and under such supervision as the Board may determine.
2. The Board shall accept receipt of a passing grade by a qualified applicant on the national examination sponsored by the Association of Marital and Family Therapy Regulatory Boards in lieu of requiring a written examination pursuant to subsection 1.
κ2021 Statutes of Nevada, Page 3490 (CHAPTER 522, SB 44)κ
3. In addition to the requirements of subsections 1 and 2, the Board may require an oral examination. The Board may examine applicants in whatever applied or theoretical fields it deems appropriate.
Sec. 6.6. NRS 641A.231 is hereby amended to read as follows:
641A.231 Except as otherwise provided in NRS [641A.241 and] 641A.242, each applicant for a license to practice as a clinical professional counselor must furnish evidence satisfactory to the Board that the applicant:
1. Is at least 21 years of age;
2. Is of good moral character;
3. Has:
(a) Completed residency training in psychiatry from an accredited institution approved by the Board;
(b) A graduate degree from a program approved by the Council for Accreditation of Counseling and Related Educational Programs as a program in mental health counseling or community counseling; or
(c) An acceptable degree as determined by the Board which includes the completion of a practicum and internship in mental health counseling which was taken concurrently with the degree program and was supervised by a licensed mental health professional; and
4. Has:
(a) At least 2 years of postgraduate experience in professional counseling;
(b) At least 3,000 hours of supervised experience in professional counseling which includes, without limitation:
(1) At least 1,500 hours of direct contact with clients; and
(2) At least 100 hours of counseling under the direct supervision of an approved supervisor of which at least 1 hour per week was completed for each work setting at which the applicant provided counseling; and
(c) Passed the National Clinical Mental Health Counseling Examination which is administered by the National Board for Certified Counselors.
Sec. 6.8. NRS 641A.242 is hereby amended to read as follows:
641A.242 1. The Board may issue a license by endorsement to practice as a marriage and family therapist or clinical professional counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant [:
(a) Holds] holds a corresponding valid and unrestricted license as a marriage and family therapist or clinical professional counselor, 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 surviving spouse of a veteran.]
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board 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 the state or territory in which the applicant holds a license as a marriage and family therapist or clinical professional counselor, as applicable; and
κ2021 Statutes of Nevada, Page 3491 (CHAPTER 522, SB 44)κ
(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) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicants background, and to such other law enforcement agencies as the Board deems necessary for a report on the applicants background;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
[(c)] (d) The fees prescribed by the Board pursuant to NRS 641A.290 for the application for an initial license and for the initial issuance of a license; and
[(d)] (e) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to practice as a marriage and family therapist or clinical professional counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to practice as a marriage and family therapist or clinical professional counselor, as applicable, to the applicant not later than 45 days after receiving all the additional information required by the Board to complete the application.
4. A license by endorsement to practice as a marriage and family therapist or clinical professional counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may , for any reason, grant a provisional license authorizing an applicant to practice as a marriage and family therapist or clinical professional counselor, as applicable, in accordance with regulations adopted by the Board.
[6. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.]
Sec. 7. (Deleted by amendment.)
Sec. 7.5. NRS 641A.290 is hereby amended to read as follows:
641A.290 1. Except as otherwise provided in subsection 2, the Board shall establish a schedule of fees for the following items which must not exceed the following amounts:
Application for an initial license............................................................................................................................... $150
Initial issuance of a license............................................................................................................................................. 60
Biennial renewal of a license to practice as a marriage and family therapist or clinical professional counselor............................................................................................................................................ 450
Fee for late payment of the biennial renewal............................................................................................................. 125
Placement of a license to practice as a marriage and family therapist or clinical professional counselor on inactive status............................................................................................................ 200
Renewal of an interns license..................................................................................................................................... 150
Issuance of a duplicate license....................................................................................................................................... 10
Reevaluation of an applicants course work................................................................................................................ 50
κ2021 Statutes of Nevada, Page 3492 (CHAPTER 522, SB 44)κ
Application for approval as a supervisor.................................................................................................................... $75
Approval of a course or program of continuing education........................................................................................ 25
Approval of a provider of continuing education....................................................................................................... 150
2. If an [applicant] active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran submits an application for a license by endorsement pursuant to NRS 641A.242, the Board shall collect not more than one-half of the fee established pursuant to subsection 1 for the application for and initial issuance of the license.
3. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
Sec. 8. Chapter 641B of NRS is hereby amended by adding thereto the provisions set forth as sections 9 to 11.3, inclusive, of this act.
Sec. 9. 1. The Board shall grant a license to engage in social work as a master social worker to any applicant who possesses the preliminary qualifications set forth in NRS 641B.200 and who:
(a) Possesses a masters or doctoral degree in social work from:
(1) A college or university accredited by the Council on Social Work Education, or its successor organization, or which is a candidate for such accreditation; or
(2) A college or university located in a foreign country, or the equivalent of a masters or doctoral degree in social work from such a college or university, if the applicant includes in his or her application the documentation required by section 10 of this act; and
(b) Passes an examination prescribed by the Board.
2. A person licensed as a master social worker may:
(a) Engage in social work independently as part of an internship program approved by the Board to complete the supervised social work required for licensure as an independent social worker pursuant to NRS 641B.230;
(b) Engage in clinical social work as part of an internship program approved by the Board to complete the supervised, postgraduate, clinical social work required for licensure as a clinical social worker pursuant to NRS 641B.240; and
(c) Supervise other persons engaging in the practice of social work.
Sec. 10. 1. If an applicant for a license to engage in social work is a graduate of a college or university located in a foreign country or currently enrolled in program of study leading to a degree in social work at such a college or university, the application must include:
(a) Proof that the applicant possesses the degree required by NRS 641B.220, 641B.230, 641B.240 or 641B.275 or section 9 of this act, as applicable, or is enrolled in a program of study that meets the requirements of NRS 641B.275, as applicable; and
(b) If applicable, a written statement or other proof from the Council on Social Work Education or its successor organization that the degree is equivalent to a degree issued by a college or university accredited by the Council on Social Work Education or its successor organization.
2. Except as otherwise provided in this subsection, the proof required by paragraph (a) of subsection 1 must be provided to the Board directly by the college or university that granted the degree. If the college or university is unable to provide such proof, the Board may accept proof from another source specified by the Board.
κ2021 Statutes of Nevada, Page 3493 (CHAPTER 522, SB 44)κ
or university is unable to provide such proof, the Board may accept proof from another source specified by the Board.
Sec. 11. 1. An associate in social work, social worker, master social worker, independent social worker or clinical social worker may apply to the Board to have his or her license placed on inactive status. The Board may grant the application if the license is in good standing and the licensee has met all requirements for the issuance or renewal of a license as of the date of the application.
2. If the application is granted:
(a) The licensee must not engage in social work in this State unless the license is returned to active status; and
(b) The licensee is not required to complete continuing education unless his or her license is returned to active status.
3. The inactive status of a license is valid for 5 years after the date that the inactive status is granted.
4. If a license is placed on inactive status, the Board must not refund any portion of the renewal fee that was paid before the license was placed on inactive status.
5. The Board shall adopt regulations prescribing the:
(a) Procedures for making an application pursuant to this section;
(b) Procedures and terms upon which a person whose license has been placed on inactive status may have his or her license returned to active status; and
(c) Fees for the renewal of the inactive status of a license.
Sec. 11.3. If the Board requires an applicant for a license pursuant to this chapter to submit official transcripts as proof of his or her educational qualifications, the Board must provide an alternate means for the applicant to submit official transcripts if:
1. The college or university from which the applicant graduated has closed or has merged with another institution; and
2. The provision of the official transcripts by ordinary means is not available or possible.
Sec. 11.7. NRS 641B.160 is hereby amended to read as follows:
641B.160 1. The Board shall adopt:
(a) Such regulations as are necessary or desirable to enable it to carry out the provisions of this chapter;
(b) Regulations establishing reasonable standards for the psychiatric training and experience necessary for a clinical social worker to be authorized to make the certifications described in NRS 433A.170, 433A.195 and 433A.200;
(c) Regulations prescribing uniform standards concerning the locations at which interns provide services;
(d) Regulations [prescribing standards concerning] authorizing the remote supervision, including, without limitation, electronic supervision , of interns working at remote sites [;] and prescribing standards concerning such remote supervision; and
(e) Regulations prescribing the manner by which the qualifications for the issuance or renewal of a license under the provisions of this chapter will be made available to the public such that those qualifications are clearly defined and easily understood.
2. On the date that the Board gives notice pursuant to NRS 233B.060 of its intent to adopt, amend or repeal a regulation, the Board shall submit the regulation to the Commission on Behavioral Health for review.
κ2021 Statutes of Nevada, Page 3494 (CHAPTER 522, SB 44)κ
regulation to the Commission on Behavioral Health for review. The Commission shall review the regulation and make recommendations to the Board concerning the advisability of adopting, amending or repealing the regulation and any changes that the Commission deems advisable.
FIRST PARALLEL SECTION
Sec. 12. NRS 641B.165 is
hereby amended to read as follows:
641B.165 1. On or before February 1 of each year, the Board shall submit to the Legislative Committee on Health Care and to the Chair of each regional behavioral health policy board created by NRS 433.429 a report which must include:
[1.] (a) The number of complaints received, investigations completed, cases dismissed, cases settled and cases for which hearings were held within the immediately preceding calendar year; [and
2.] (b) The number of applications for the issuance or renewal of a license received by the Board during the immediately preceding calendar year and the number of those applications for which the Board conducted additional review beyond the standard review regularly conducted by the Board [.] ; and
(c) The number of applications for the issuance of a license by endorsement received by the Board pursuant to NRS 641B.272 during the immediately preceding calendar year, the number of those applications that were denied and the reasons for denial.
2. The report submitted pursuant to this section to the Chair of each regional behavioral policy board created by NRS 433.429 may be submitted in a written format.
Sec. 13. NRS 641B.206 is hereby amended to read as follows:
641B.206 1. In addition to any other requirements set forth in this chapter:
(a) An applicant for the issuance of a license to engage in social work as an associate in social work, a social worker, a master social worker, an independent social worker or a clinical social worker shall include the social security number of the applicant in the application submitted to the Board.
(b) An applicant for the renewal of a license to engage in social work as an associate in social work or the issuance or renewal of a license to engage in social work as a social worker, a master social worker, an independent social worker or a clinical social worker shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The Board 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 license; or
(b) A separate form prescribed by the Board.
3. A license to engage in social work as an associate in social work, a social worker, a master social worker, an independent social worker or a clinical social worker may not be issued or renewed by the Board 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 3495 (CHAPTER 522, SB 44)κ
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 Board 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. 14. NRS 641B.220 is hereby amended to read as follows:
641B.220 1. The Board shall grant a license to engage in social work as a social worker to any applicant who possesses the preliminary qualifications set forth in NRS 641B.200 and who:
(a) Possesses a baccalaureate degree or masters degree in social work from [a] :
(1) A college or university accredited by the Council on Social Work Education , or its successor organization, or which is a candidate for such accreditation [.] ; or
(2) A college or university located in a foreign country, or the equivalent of a baccalaureate degree or masters degree in social work from such a college or university, if the applicant includes in his or her application the documentation required by section 10 of this act; and
(b) Passes an examination prescribed by the Board.
2. The Board shall grant a license to engage in social work as a social worker to an applicant licensed as an associate in social work who:
(a) Possesses the preliminary qualifications set forth in NRS 641B.200;
(b) Possesses a baccalaureate degree or masters degree in a related field, or has completed equivalent course work in a related field;
(c) Completes 3,000 hours of employment in Nevada as an associate in social work; and
(d) Passes an examination prescribed by the Board.
3. A person who is granted a license to engage in social work as a social worker pursuant to subsection 1 or 2 may supervise another person engaged in the practice of social work.
Sec. 15. NRS 641B.230 is hereby amended to read as follows:
641B.230 1. The Board shall grant a license to engage in social work as an independent social worker to any applicant who possesses the preliminary qualifications set forth in NRS 641B.200 and who:
(a) Possesses a masters or doctoral degree in social work from [a] :
(1) A college or university accredited by the Council on Social Work Education , or its successor organization, or which is a candidate for such accreditation [.] ; or
(2) A college or university located in a foreign country, or the equivalent of a masters or doctoral degree in social work from such a college or university, if the applicant includes in his or her application the documentation required by section 10 of this act.
(b) Completes 3,000 hours of supervised, postgraduate social work approved by the Board.
(c) Passes an examination prescribed by the Board.
2. A person licensed as an independent social worker may:
κ2021 Statutes of Nevada, Page 3496 (CHAPTER 522, SB 44)κ
(a) Engage in social work independently or within an agency; [and]
(b) Engage in clinical social work as part of an internship program approved by the Board to complete the supervised clinical social work required for licensure as a clinical social worker pursuant to NRS 641B.240; and
(c) Supervise other persons engaging in the practice of social work.
Sec. 16. NRS 641B.240 is hereby amended to read as follows:
641B.240 1. The Board shall grant a license to engage in social work as a clinical social worker to any applicant who possesses the preliminary qualifications set forth in NRS 641B.200 and who:
(a) Possesses a masters or doctoral degree in social work from [a] :
(1) A college or university accredited by the Council on Social Work Education , or its successor organization, or which is a candidate for such accreditation [.] ; or
(2) A college or university located in a foreign country, or the equivalent of a masters or doctoral degree in social work from such a college or university, if the applicant includes in his or her application the documentation required by section 10 of this act.
(b) Completes 3,000 hours of supervised, postgraduate, clinical social work approved by the Board.
(c) Passes an examination prescribed by the Board.
2. A person licensed as a clinical social worker may:
(a) Engage in social work independently or within an agency; [and]
(b) Engage in clinical social work; and
(c) Supervise other persons engaging in the practice of social work.
Sec. 17. NRS 641B.260 is hereby amended to read as follows:
641B.260 1. The Board may hold hearings and conduct investigations into any matter related to an application for licensure. The Board may require the presentation of evidence.
2. The Board may refuse to issue a license to an applicant if the applicant:
(a) Is not of good moral character as it relates to the practice of social work;
(b) Has submitted any false credential to the Board;
(c) Has been disciplined in another state in connection with the practice of social work or a related profession or has committed any act in another state which is a violation of this chapter; [or]
(d) Has committed an act that constitutes grounds for initiating disciplinary action pursuant to NRS 641B.400;
(e) Has entered a plea of guilty, guilty but mentally ill or nolo contendere to, been found guilty or guilty but mentally ill of, or been convicted, in this State or any other jurisdiction, of a crime arising out of, in connection with or related to the activities of such a person in such a manner as to demonstrate his or her unfitness to engage in social work, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal; or
(f) Fails to comply with any other requirements for licensure.
Sec. 17.5. NRS 641B.272 is hereby amended to read as follows:
641B.272 1. The Board may issue a license by endorsement to engage in social work to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant [:
κ2021 Statutes of Nevada, Page 3497 (CHAPTER 522, SB 44)κ
(a) Holds] holds a corresponding valid and unrestricted license to engage in social work 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 surviving spouse of a veteran.]
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board 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 the state or territory in which the applicant holds a license to engage in social work; 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; [and
(4) Is currently engaged in social work under the license held required by paragraph (a) of subsection 1;]
(b) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641B.202;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct; [and]
(d) The fee prescribed by the Board pursuant to NRS 641B.300 for the initial application; and
(e) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to engage in social work pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to engage in social work to the applicant not later than [:
(a) Forty-five] 45 days after receiving all the additional information required by the Board to complete the application . [; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.]
4. A license by endorsement to engage in social work may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may , for any reason, grant a provisional license authorizing an applicant to engage in social work in accordance with regulations adopted by the Board.
[6. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.]
Sec. 18. NRS 641B.275 is hereby amended to read as follows:
641B.275 1. The Board shall grant a provisional license to engage in social work as a social worker to a person:
(a) Who applies to take the next available examination and who is otherwise eligible to be a social worker pursuant to subsection 1 of NRS 641B.220; or
(b) Who:
κ2021 Statutes of Nevada, Page 3498 (CHAPTER 522, SB 44)κ
(1) Possesses a baccalaureate degree or a masters degree in a related field of study from [an] :
(I) An accredited college or university recognized by the Board; or
(II) A college or university located in a foreign country, or the equivalent of a baccalaureate degree or a masters degree in a related field from such a college or university, if the applicant includes in his or her application the documentation required by section 10 of this act; and
(2) Presents evidence of enrollment in a program of study leading to a degree in social work at [a] :
(I) A college or university accredited by the Council on Social Work Education or which is a candidate for such accreditation and which is approved by the Board [.] ; or
(II) A college or university located in a foreign country, or a program of study leading to the equivalent of a degree in social work from such a college or university, if the applicant includes in his or her application the documentation required by section 10 of this act.
2. The Board shall grant a provisional license to engage in social work as an independent social worker to a person who applies to take the next available examination and who is otherwise eligible to be an independent social worker pursuant to subsection 1 of NRS 641B.230.
3. The Board shall grant a provisional license to engage in social work as a clinical social worker to a person who applies to take the next available examination and who is otherwise eligible to be a clinical social worker pursuant to subsection 1 of NRS 641B.240.
4. The Board shall establish by regulation the period during which a provisional license issued pursuant to this section will be valid. The period must be:
(a) No longer than 9 months for a person who is granted a provisional license to engage in social work pursuant to paragraph (a) of subsection 1 or subsection 2 or 3; and
(b) No longer than 3 years for a person who is granted a provisional license to engage in social work pursuant to paragraph (b) of subsection 1.
Sec. 19. NRS 641B.280 is hereby amended to read as follows:
641B.280 1. Every holder of a license issued pursuant to this chapter may renew his or her license annually by:
(a) Applying to the Board for renewal;
(b) Paying the annual renewal fee set by the Board;
(c) [Submitting] Except as otherwise provided in section 11 of this act, submitting evidence to the Board of completion of the required continuing education as set forth in regulations adopted by the Board; and
(d) Submitting all information required to complete the renewal.
2. [The] Except as otherwise provided in section 11 of this act, the Board shall, as a prerequisite for the renewal of a license, require the holder to comply with the requirements for continuing education adopted by the Board, which must include, without limitation, a requirement that every 2 years the holder receive at least 2 hours of instruction on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate.
κ2021 Statutes of Nevada, Page 3499 (CHAPTER 522, SB 44)κ
Sec. 20. NRS 641B.300 is hereby amended to read as follows:
641B.300 1. The Board shall charge and collect fees not to exceed the following amounts for:
Initial application......................................................................................................................................................... $200
Provisional license.......................................................................................................................................................... 150
Initial issuance of a license as a social worker or master social worker.............................................................. 250
Initial issuance of a license as a clinical social worker or an independent social worker................................. 350
Initial issuance of a license by endorsement.............................................................................................................. 200
Annual renewal of a license as a social worker , master social worker or an associate in social work................................................................................................................................................................ 175
Annual renewal of a license as a clinical social worker or an independent social worker................................ 225
Restoration of a suspended license or reinstatement of a revoked license........................................................... 150
Restoration of an expired license................................................................................................................................. 200
Renewal of a delinquent license.................................................................................................................................. 100
2. If an [applicant] active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran submits an application for a license by endorsement pursuant to NRS 641B.272, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license.
3. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
Sec. 21. NRS 641B.410 is hereby amended to read as follows:
641B.410 1. The Board, any [of its members] member or employee of the Board or any member of a review panel of social workers who becomes aware that any one or combination of the grounds for initiating disciplinary action may exist as to a person practicing social work in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Board. The complaint must specifically charge one or more of the grounds for initiating disciplinary action.
2. The Board shall retain all complaints filed with the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.
Sec. 22. NRS 641B.505 is hereby amended to read as follows:
641B.505 1. Except as otherwise provided in this chapter, it is unlawful for a person to engage in:
(a) The independent practice of social work unless he or she [is licensed] :
(1) Holds an active license as a clinical social worker or an independent social worker pursuant to this chapter [.] ; or
(2) Holds an active license as a master social worker pursuant to this chapter and is engaging in the independent practice of social work under the conditions prescribed in section 9 of this act.
(b) The clinical practice of social work unless he or she [is licensed] :
(1) Holds an active license as a clinical social worker issued pursuant to this chapter [.] ; or
κ2021 Statutes of Nevada, Page 3500 (CHAPTER 522, SB 44)κ
(2) Holds an active license as an independent social worker or master social worker issued pursuant to this chapter and is engaging in clinical social work under the conditions prescribed in NRS 641B.230 or section 9 of this act, as applicable.
(c) The practice of social work unless he or she holds an active license as an associate in social work, a social worker, a master social worker, an independent social worker or a clinical social worker issued pursuant to this chapter.
2. As used in this section, independent practice of social work means the unsupervised practice of social work, other than for a public employer, for compensation.
Sec. 22.5. Chapter 641C of NRS is hereby amended by adding thereto a new section to read as follows:
If the Board requires an applicant for a license or certificate pursuant to this chapter to submit official transcripts as proof of his or her educational qualifications, the Board must provide an alternate means for the applicant to submit official transcripts if:
1. The college or university from which the applicant has graduated has closed or has merged with another institution; and
2. The provision of official transcripts by ordinary means is not available or possible.
Sec. 23. 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] :
(a) Licensed as:
(1) A clinical social worker pursuant to the provisions of chapter 641B of NRS ; or
(2) A master social worker or independent social worker pursuant to the provisions of chapter 641B of NRS and is engaging in clinical social work as part of an internship program approved by the Board of Examiners for Social Workers; and [is authorized]
κ2021 Statutes of Nevada, Page 3501 (CHAPTER 522, SB 44)κ
(b) 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.
Sec. 23.5. NRS 641C.200 is hereby amended to read as follows:
641C.200 1. The Board shall adopt such regulations as are necessary to carry out the provisions of this chapter, including, without limitation, regulations that : [prescribe:]
(a) [The] Prescribe the ethical standards for licensed and certified counselors and certified interns;
(b) [The] Prescribe the requirements for continuing education for the renewal, restoration or reinstatement of a license or certificate;
(c) [Uniform] Prescribe uniform standards concerning the locations at which interns provide services;
(d) [Standards concerning] Authorize the remote supervision, including, without limitation, electronic supervision , of interns working at remote sites [;] and prescribe standards concerning such remote supervision; and
(e) [The] Prescribe the manner by which the qualifications for the issuance or renewal of a license or certificate under the provisions of this chapter will be made available to the public such that those qualifications are clearly defined and easily understood.
2. The Board may adopt regulations that prescribe:
(a) The contents of a written and oral examination concerning the practice of counseling persons with an addictive disorder related to gambling;
(b) The grounds for initiating disciplinary action against a certified problem gambling counselor or certified problem gambling counselor intern; and
(c) Disciplinary procedures for certified problem gambling counselors and certified problem gambling counselor interns, including the suspension, revocation and reinstatement of a certificate as a problem gambling counselor or problem gambling counselor intern.
3. Any regulations adopted by the Board pursuant to this section must be consistent with the provisions of chapter 622A of NRS.
4. On the date that the Board gives notice pursuant to NRS 233B.060 of its intent to adopt, amend or repeal a regulation, the Board shall submit the regulation to the Commission on Behavioral Health for review. The Commission shall review the regulation and make recommendations to the Board concerning the advisability of adopting, amending or repealing the regulation and any changes that the Commission deems advisable.
Sec. 24. NRS 641C.230 is hereby amended to read as follows:
641C.230 1. On or before February 1 of each year, the Board shall submit to the Legislative Committee on Health Care and to the Chair of each regional behavioral health policy board created by NRS 433.429 a report which must include:
[1.] (a) The number of complaints received, investigations completed, cases dismissed, cases settled and cases for which hearings were held within the immediately preceding calendar year; [and
2.] (b) The number of applications for the issuance or renewal of a license or certificate received by the Board during the immediately preceding calendar year and the number of those applications for which the Board conducted additional review beyond the standard review regularly conducted by the Board [.]
κ2021 Statutes of Nevada, Page 3502 (CHAPTER 522, SB 44)κ
calendar year and the number of those applications for which the Board conducted additional review beyond the standard review regularly conducted by the Board [.] ; and
(c) The number of applications for the issuance of a license or certificate by endorsement received by the Board pursuant to NRS 641C.3306, 641C.356, 641C.396 and 641C.433 during the immediately preceding calendar year, the number of those applications that were denied and the reasons for denial.
2. The report submitted pursuant to this section to the Chair of each regional behavioral health policy board created by NRS 433.429 may be submitted in a written format.
Sec. 24.5. NRS 641C.290 is hereby amended to read as follows:
641C.290 1. Except as otherwise provided in NRS 641C.300 [, 641C.3305] and 641C.3306, each applicant for a license as a clinical alcohol and drug counselor must pass a written and oral examination concerning his or her knowledge of the clinical practice of counseling persons with alcohol and other substance use disorders, the applicable provisions of this chapter and any applicable regulations adopted by the Board pursuant to the provisions of this chapter.
2. Except as otherwise provided in NRS 641C.300, [641C.355,] 641C.356 [, 641C.395] and 641C.396, each applicant for a license or certificate as an alcohol and drug counselor must pass a written and oral examination concerning his or her knowledge of the practice of counseling persons with alcohol and other substance use disorders, the applicable provisions of this chapter and any applicable regulations adopted by the Board pursuant to the provisions of this chapter.
3. Except as otherwise provided in NRS [641C.432 and] 641C.433, each applicant for a certificate as a problem gambling counselor must pass a written and oral examination concerning his or her knowledge of the practice of counseling persons with an addictive disorder related to gambling, the applicable provisions of this chapter and any applicable regulations adopted by the Board pursuant to the provisions of this chapter.
4. The Board shall:
(a) Examine applicants at least two times each year.
(b) Establish the time and place for the examinations.
(c) Provide such books and forms as may be necessary to conduct the examinations.
(d) Except as otherwise provided in NRS 622.090, establish, by regulation, the requirements for passing the examination.
5. The Board may employ other persons to conduct the examinations.
Sec. 25. (Deleted by amendment.)
Sec. 25.2. NRS 641C.3306 is hereby amended to read as follows:
641C.3306 1. The Board may issue a license by endorsement as a clinical alcohol and drug counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant [:
(a) Holds] holds a corresponding valid and unrestricted license as a clinical alcohol and drug counselor 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 surviving spouse of a veteran.]
κ2021 Statutes of Nevada, Page 3503 (CHAPTER 522, SB 44)κ
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board 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 the state or territory in which the applicant holds a license as a clinical alcohol and drug counselor; 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) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641C.260;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(d) The fees prescribed by the Board pursuant to NRS 641C.470 for the initial application for and issuance of an initial license; and
(e) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement as a clinical alcohol and drug counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as a clinical alcohol and drug counselor to the applicant not later than [:
(a) Forty-five] 45 days after receiving all the additional information required by the Board to complete the application . [; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.]
4. A license by endorsement as a clinical alcohol and drug counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may , for any reason, grant a provisional license authorizing an applicant to practice as a clinical alcohol and drug counselor in accordance with regulations adopted by the Board.
[6. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.]
Sec. 25.4. NRS 641C.356 is hereby amended to read as follows:
641C.356 1. The Board may issue a license by endorsement as an alcohol and drug counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant [:
(a) Holds] holds a corresponding valid and unrestricted license as an alcohol and drug counselor 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 surviving spouse of a veteran.]
κ2021 Statutes of Nevada, Page 3504 (CHAPTER 522, SB 44)κ
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board 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 the state or territory in which the applicant holds a license as an alcohol and drug counselor; 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) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641C.260;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(d) The fees prescribed by the Board pursuant to NRS 641C.470 for the initial application for and issuance of an initial license; and
(e) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement as an alcohol and drug counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as an alcohol and drug counselor to the applicant not later than [:
(a) Forty-five] 45 days after receiving all the additional information required by the Board to complete the application . [; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.]
4. A license by endorsement as an alcohol and drug counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may , for any reason, grant a provisional license authorizing an applicant to practice as an alcohol and drug counselor in accordance with regulations adopted by the Board.
[6. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.]
Sec. 25.6. NRS 641C.396 is hereby amended to read as follows:
641C.396 1. The Board may issue a certificate by endorsement as an alcohol and drug counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a certificate if the applicant [:
(a) Holds] holds a corresponding valid and unrestricted certificate as an alcohol and drug counselor 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 surviving spouse of a veteran.]
2. An applicant for a certificate by endorsement pursuant to this section must submit to the Board with his or her application:
κ2021 Statutes of Nevada, Page 3505 (CHAPTER 522, SB 44)κ
(a) Proof satisfactory to the Board 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 the state or territory in which the applicant holds a certificate as an alcohol and drug counselor; 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) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641C.260;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(d) The fees prescribed by the Board pursuant to NRS 641C.470 for the initial application for and issuance of an initial certificate; and
(e) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a certificate by endorsement as an alcohol and drug counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a certificate by endorsement as an alcohol and drug counselor to the applicant not later than [:
(a) Forty-five] 45 days after receiving all additional information required by the Board to complete the application . [; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.]
4. A certificate by endorsement as an alcohol and drug counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a certificate by endorsement pursuant to this section, the Board may , for any reason, grant a provisional certificate authorizing an applicant to practice as an alcohol and drug counselor in accordance with regulations adopted by the Board.
[6. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.]
Sec. 25.8. NRS 641C.433 is hereby amended to read as follows:
641C.433 1. The Board may issue a certificate by endorsement as a problem gambling counselor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a certificate if the applicant [:
(a) Holds] holds a corresponding valid and unrestricted certificate as a problem gambling counselor 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 surviving spouse of a veteran.]
2. An applicant for a certificate by endorsement pursuant to this section must submit to the Board with his or her application:
κ2021 Statutes of Nevada, Page 3506 (CHAPTER 522, SB 44)κ
(a) Proof satisfactory to the Board 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 the state or territory in which the applicant holds a certificate as a problem gambling counselor; 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) A complete set of fingerprints and written permission authorizing the Board to forward the fingerprints in the manner provided in NRS 641C.260;
(c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;
(d) The fees prescribed by the Board pursuant to NRS 641C.470 for the initial application for and issuance of an initial certificate; and
(e) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a certificate by endorsement as a problem gambling counselor pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a certificate by endorsement as a problem gambling counselor to the applicant not later than [:
(a) Forty-five] 45 days after receiving all the additional information required by the Board to complete the application . [; or
(b) Ten days after the Board receives a report on the applicants background based on the submission of the applicants fingerprints,
Κ whichever occurs later.]
4. A certificate by endorsement as a problem gambling counselor may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application for a certificate by endorsement pursuant to this section, the Board may , for any reason, grant a provisional certificate authorizing an applicant to practice as a problem gambling counselor in accordance with regulations adopted by the Board.
[6. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.]
Sec. 25.9. NRS 641C.470 is hereby amended to read as follows:
641C.470 1. The Board shall charge and collect not more than the following fees:
For the initial application for a license or certificate, including a license or certificate by endorsement............................................................................................................................................................ $150
For the issuance of a provisional license or certificate............................................................................................ 125
For the issuance of an initial license or certificate, including a license or certificate by endorsement................................................................................................................................................................ 60
For the renewal of a license or certificate as an alcohol and drug counselor, a license as a clinical alcohol and drug counselor or a certificate as a problem gambling counselor............................... 300
For the renewal of a certificate as a clinical alcohol and drug counselor intern, an alcohol and drug counselor intern or a problem gambling counselor intern.................................................................. 75
κ2021 Statutes of Nevada, Page 3507 (CHAPTER 522, SB 44)κ
For the renewal of a delinquent license or certificate.............................................................................................. $75
For the restoration of an expired license or certificate............................................................................................. 150
For the restoration or reinstatement of a suspended or revoked license or certificate....................................... 300
For the issuance of a license or certificate without examination........................................................................... 150
For an examination......................................................................................................................................................... 150
For the approval of a course of continuing education.............................................................................................. 150
2. [If] Except as otherwise provided in subsection 3, if an applicant submits an application for a license or certificate by endorsement pursuant to NRS [641C.3305, 641C.355, 641C.395 or 641C.432,] 641C.3306, 641C.356, 641C.396 or 641C.433, the Board shall charge and collect not more than the fees specified in subsection 1 for the initial application for and issuance of an initial license or certificate, as applicable.
3. If an [applicant] active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran submits an application for a license or certificate by endorsement pursuant to NRS 641C.3306, 641C.356, 641C.396 or 641C.433, as applicable, the Board shall collect not more than one-half of the fee specified in subsection 1 for the initial issuance of the license.
4. The fees charged and collected pursuant to this section are not refundable.
5. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
Sec. 26. NRS 62A.270 is hereby amended to read as follows:
62A.270 Qualified professional means:
1. A psychiatrist licensed to practice medicine in this State and certified by the American Board of Psychiatry and Neurology, Inc.;
2. A psychologist licensed to practice in this State;
3. A social worker holding a masters degree in social work and licensed in this State as a master social worker or clinical social worker;
4. A registered nurse holding a masters degree in the field of psychiatric nursing and licensed to practice professional nursing in this State;
5. A marriage and family therapist licensed in this State pursuant to chapter 641A of NRS; or
6. A clinical professional counselor licensed in this State pursuant to chapter 641A of NRS.
Sec. 27. (Deleted by amendment.)
Sec. 28. NRS 689A.0485 is hereby amended to read as follows:
689A.0485 If any policy of health insurance provides coverage for treatment of an illness which is within the authorized scope of the practice of a licensed associate in social work, social worker, master social worker, independent social worker or clinical social worker, the insured is entitled to reimbursement for treatment by an associate in social work, social worker, master social worker, independent social worker or clinical social worker who is licensed pursuant to chapter 641B of NRS.
Sec. 29. NRS 689B.0385 is hereby amended to read as follows:
689B.0385 If any policy of group health insurance provides coverage for treatment of an illness which is within the authorized scope of the practice of a licensed associate in social work, social worker, master social worker, independent social worker or clinical social worker, the insured is entitled to reimbursement for treatment by an associate in social work, social worker, master social worker, independent social worker or clinical social worker who is licensed pursuant to chapter 641B of NRS.
κ2021 Statutes of Nevada, Page 3508 (CHAPTER 522, SB 44)κ
entitled to reimbursement for treatment by an associate in social work, social worker, master social worker, independent social worker or clinical social worker who is licensed pursuant to chapter 641B of NRS.
Sec. 30. NRS 695B.1975 is hereby amended to read as follows:
695B.1975 If any contract for hospital or medical service provides coverage for treatment of an illness which is within the authorized scope of the practice of a licensed associate in social work, social worker, master social worker, independent social worker or clinical social worker, the insured is entitled to reimbursement for treatment by an associate in social work, social worker, master social worker, independent social worker or clinical social worker who is licensed pursuant to chapter 641B of NRS.
Sec. 31. NRS 695C.1775 is hereby amended to read as follows:
695C.1775 If any evidence of coverage provides coverage for treatment of an illness which is within the authorized scope of the practice of a licensed associate in social work, social worker, master social worker, independent social worker or clinical social worker, the insured is entitled to reimbursement for treatment by an associate in social work, social worker, master social worker, independent social worker or clinical social worker who is licensed pursuant to chapter 641B of NRS.
Sec. 32. (Deleted by amendment.)
Sec. 33. Notwithstanding the amendatory provisions of section 22 of this act, the holder of a license to engage in the practice of social work as a social worker issued pursuant to NRS 641B.220 who:
1. Possesses a masters or doctoral degree in social work from a college or university which is accredited by the Council on Social Work Education, or its successor organization, or which is a candidate for such accreditation; and
2. Is engaging in the independent practice of social work or the practice of clinical social work as part of an internship program described in subsection 2 of section 9 of this act on July 1, 2021,
Κ may continue to do so for the current term of his or her license.
Sec. 33.5. NRS 641.195, 641A.241, 641B.271, 641C.3305, 641C.355, 641C.395 and 641C.432 are hereby repealed.
Sec. 34. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 33.5, inclusive, of this act become effective:
(a) Upon passage and approval for the purposes of adopting regulations and performing any preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On July 1, 2021, for all other purposes.
________
κ2021 Statutes of Nevada, Page 3509κ
Senate Bill No. 67Committee on Government Affairs
CHAPTER 523
[Approved: June 8, 2021]
AN ACT relating to public works; creating a pilot program to gather data on the use of job order contracts for certain public works in Clark County, the City of Henderson, the City of Las Vegas, the City of North Las Vegas and the Clark County Water Reclamation District; temporarily authorizing the governing bodies of those entities to enter into a job order contract for the maintenance, repair, alteration, demolition, renovation, remediation or minor construction of a public work; prescribing the procedure for awarding a job order contract; making certain documents and other information submitted by a person seeking a job order contract confidential until a contract is awarded; prescribing responsibilities of a contractor who enters into a job order contract; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prescribes general procedures for awarding a contract for a public work. (Chapter 338 of NRS) Existing law also authorizes a local government to comply with alternative procedures for awarding a contract for a public work. (NRS 338.1373) Sections 1 and 15 of this bill establish a 4-year pilot program to gather data on the use of job order contracts for certain public works in Clark County, the City of Henderson, the City of Las Vegas, the City of North Las Vegas and the Clark County Water Reclamation District. As part of that pilot program, section 7 of this bill authorizes a public body to enter into job order contracts for the maintenance, repair, alteration, demolition, renovation, remediation or minor construction of a public work. Section 5 of this bill defines public body for purposes of this authorization to mean Clark County, the City of Henderson, the City of Las Vegas, the City of North Las Vegas and the Clark County Water Reclamation District. Section 6 of this bill requires the Labor Commissioner to enforce the provisions of existing law governing public works for a job order contract in the same manner in which he or she enforces those provisions for a contract for a public work with the same estimated cost as the job order contract. Section 7 of this bill requires a job order contract to be for a fixed period and provide for indefinite types and quantities of work and delivery times. Section 7 provides that a job order contract: (1) must not be for work exclusive to one trade for which a license as a specialty contractor is required; and (2) must require a contractor to prepare and submit a proposal for each job order. Section 7 requires such a proposal to include the proposed price for the job order, each construction task required to perform the job order, the unit price for each such task and the adjustment factor applicable to the performance of the task. Sections 2.3 and 2.5 of this bill define the terms adjustment factor and construction task, respectively. Section 7 also requires a public body to adopt a written policy for the assignment of job orders and limits the total dollar amount of job order contracts that may be awarded annually by each public body.
Section 8 of this bill prescribes the qualifications a contractor who wishes to enter into a job order contract must meet. Section 9 of this bill requires a public body or its authorized representative to advertise requests for proposals or similar solicitation documents for job order contracts. Section 9 also prescribes: (1) the contents of such advertisements or similar solicitation documents; and (2) requirements for proposals. Section 10 of this bill makes any document or other information submitted to a public body in response to a request for proposals or similar solicitation document for a job order contract confidential and prohibits the disclosure of any such document or information until notice of intent to award the contract is issued.
κ2021 Statutes of Nevada, Page 3510 (CHAPTER 523, SB 67)κ
Section 11 of this bill prescribes the method for selecting a contractor for a job order contract. Specifically, section 11 requires a public body or its authorized representative to appoint a panel to rank the proposals submitted in response to the request for proposals and award a job order contract to one or more applicants. Section 11 limits the initial term of a job order contract to 2 years and authorizes a public body to renew a job order contract for not more than 1 year after the expiration of the initial term of the job order contract or such other period of time as is necessary to complete any outstanding job order issued before the expiration of the initial contract, whichever is sooner.
Section 12 of this bill prescribes certain responsibilities of a contractor who enters into a job order contract relating to contracting for the services of a subcontractor, supplier or professional. Section 12 also prohibits a contractor who enters into a job order contract from performing more than 50 percent of the estimated cost of a work order himself or herself, or using his or her own employees.
Section 7 requires a job order contract to provide for the use of job orders, which are defined in section 3 of this bill as an order issued for a definite scope of work to be performed for a fixed price pursuant to a job order contract. Section 13 of this bill requires a contractor to submit a list of each subcontractor whom the contractor intends to engage before a public body issues a job order. Section 14 of this bill requires a public body to submit a quarterly report for the pilot program that contains certain information relating to job order contracts to the governing body of the public body. Section 14 also requires a governing body to annually submit to Director of the Legislative Counsel Bureau a written report including the information reported to the governing body during the immediately preceding calendar year. Section 15 of this bill expires this bill by limitation on June 30, 2025.
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 Legislature hereby finds and declares that:
(a) It is in the best interest of the State to ensure that contracting and bidding procedures for public works in this State are efficient and cost-effective.
(b) The procedures for awarding a contract for a public work authorized by existing law may create barriers to the efficient and cost-effective awarding of contracts for the maintenance, repair, alteration, demolition, renovation, remediation or minor construction of a public work.
(c) Reducing any such barriers will benefit the public and promote the timely completion of certain public works projects that are critical for the health and safety of members of the public who use public buildings and facilities.
(d) The voluminous and unpredictable amount of work for which certain public bodies in large counties in this State must award contracts presents unique challenges for these bodies.
(e) The use of job order contracting eliminates certain administrative burdens associated with traditional procurement methods and enables such a public body to efficiently manage the numerous renovation, repair and maintenance projects required for facilities.
(f) The provisions of this act are not intended to prohibit a public body from awarding a contract for a public work pursuant to any other procedure authorized pursuant to chapter 338 of NRS.
2. The Legislature therefore:
κ2021 Statutes of Nevada, Page 3511 (CHAPTER 523, SB 67)κ
(a) Establishes a pilot program to gather data on the use of job order contracts for the maintenance, repair, alteration, demolition, renovation, remediation and minor construction of a public work; and
(b) Directs each public body in the pilot program to gather and report data on the use of job order contracts in this State in the manner prescribed by section 14 of this act.
Sec. 2. As used in sections 1 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 338.010 and sections 2.3 to 5, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 2.3. Adjustment factor means the adjustment that is multiplied by a contractor against the unit price listed in the unit price catalog for the job order contract, which must reflect any overhead cost or profit to which a selected contractor is entitled.
Sec. 2.5. Construction task means an item of work:
1. That is included in a job order; and
2. For which a unit price is set forth in a unit price catalog or priced using the formula or method prescribed by section 9 of this act.
Sec. 3. Job order means an order issued by a public body for a definite scope of work to be performed for a fixed price pursuant to a job order contract.
Sec. 4. Job order contract means a contract entered into pursuant to section 11 of this act.
Sec. 5. Public body means:
1. Clark County.
2. The City of Henderson.
3. The City of Las Vegas.
4. The City of North Las Vegas.
5. The Clark County Water Reclamation District.
Sec. 6. The Labor Commissioner shall enforce the provisions of chapter 338 of NRS and any regulations adopted pursuant thereto for a job order contract in the same manner in which he or she enforces those provisions for a contract for a public work with the same estimated cost as the job order contract, including, without limitation, by imposing administrative penalties in accordance with subsections 2 and 3 of NRS 338.015.
Sec. 7. 1. Except as otherwise provided in subsection 2, a public body may award a job order contract for the maintenance, repair, alteration, demolition, renovation, remediation or minor construction of a public work. A job order contract must:
(a) Be for a fixed period;
(b) Provide for indefinite times of delivery and indefinite types and quantities of work;
(c) Provide for the use of job orders;
(d) Require a contractor to prepare and submit a proposal for each job order, which must include, without limitation, a proposed price for the job order, each construction task required to perform the job order, the unit price for each such task and the adjustment factor applicable to the performance of the task; and
(e) Not be for work exclusive to one trade for which a license as a specialty contractor is required.
2. Except as otherwise provided in subsection 3, a public body may not award more than $25,000,000 annually in job order contracts.
κ2021 Statutes of Nevada, Page 3512 (CHAPTER 523, SB 67)κ
3. If the total dollar amount of all job order contracts awarded by a public body in any 1 year is less than the maximum dollar amount of job order contracts allowed to be awarded for that year, the difference between those amounts may be added to the total dollar amount of job order contracts that a public body may award in the immediately following year.
4. A public body shall adopt a written policy for the assignment of job orders, which must include, without limitation, the procedure by which a job order will be issued.
Sec. 8. To qualify to enter into a job order contract with a public body, a contractor must:
1. Not have been found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause, during the 5 years immediately preceding the date of the advertisement for proposals pursuant to section 9 of this act;
2. Not have been disqualified from being awarded a contract pursuant to NRS 338.017, 338.13845, 338.13895, 338.1475 or 408.333; and
3. Be licensed as a contractor pursuant to chapter 624 of NRS.
Sec. 9. 1. A public body or its authorized representative shall advertise for a job order contract in the manner set forth in paragraph (a) of subsection 1 of NRS 338.1385.
2. Each request for proposals or similar solicitation document for a job order contract must include, without limitation:
(a) A detailed description of the work that the public body expects a contractor to perform, which must include, without limitation:
(1) Construction tasks and any technical specifications for the work;
(2) A unit price catalog for units of work; and
(3) A description of the formula or method for pricing a unit of work that is not included in the unit price catalog;
(b) A statement explaining why the public body elected to use a job order contract for the public work;
(c) A statement requiring that a proposal list an adjustment factor;
(d) A description of the qualifications which are required for a contractor, including, without limitation, any certification required;
(e) A description of the bonding requirements for a contractor;
(f) The minimum amount of work committed to the selected contractor under the job order contract;
(g) The proposed form of the job order contract;
(h) A copy of the policy for the assignment of job orders for the job order contract adopted pursuant to section 7 of this act;
(i) A description of the method for pricing a renewal or extension of the job order contract;
(j) The date by which proposals must be submitted to the public body; and
(k) A list of the factors and relative weight of the factors that will be used pursuant to section 11 of this act to rank proposals submitted by applicants.
3. A proposal submitted to a public body pursuant to this section must include, without limitation:
(a) The professional qualifications and experience of the applicant;
(b) An adjustment factor;
(c) Evidence of the ability of the applicant to obtain the necessary bonding for the work to be required by the public body;
(d) Evidence that the applicant has obtained or has the ability to obtain such insurance as may be required by law;
(e) A statement of whether the applicant has been:
κ2021 Statutes of Nevada, Page 3513 (CHAPTER 523, SB 67)κ
(1) Found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause, during the 5 years immediately preceding the date of the advertisement; or
(2) Disqualified from being awarded a contract pursuant to NRS 338.017, 338.13845, 338.13895, 338.1475 or 408.333; and
(f) Evidence that the applicant is licensed as a contractor pursuant to chapter 624 of NRS.
4. The public body or its authorized representative shall make available to the public the name of each applicant who submits a proposal pursuant to this section.
Sec. 10. Except as otherwise provided in subsection 4 of section 9 of this act, any document or other information submitted by an applicant to a public body in response to a request for proposals or similar solicitation document pursuant to section 9 of this act, including, without limitation, a proposal made pursuant to section 9 of this act, is confidential and may not be disclosed until notice of intent to award the contract is issued.
Sec. 11. 1. The public body or its authorized representative shall appoint a panel to rank the proposals submitted by applicants to the public body pursuant to section 9 of this act. At least one member appointed to a panel pursuant to this subsection must have experience in the construction industry.
2. The panel appointed pursuant to subsection 1 shall rank the proposals by:
(a) Verifying that each applicant satisfies the requirements of section 8 of this act; and
(b) Evaluating and assigning a score to each of the proposals based on the factors and relative weight assigned to each factor that the public body specified in the request for proposals.
3. When ranking the proposals, the panel appointed pursuant to subsection 1 shall assign a relative weight of 5 percent to the applicants possession of a certificate of eligibility to receive a preference in bidding on public works if the applicant submits a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this subsection, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that work.
4. Upon receipt of the rankings of the applicants from the panel, the public body or its authorized representative shall award a job order contract to one or more of the applicants.
5. The initial term of a job order contract must not exceed 2 years. A public body may renew a job order contract for not more than 1 year after the expiration of the initial term of the contract or such other period of time as is necessary to complete any outstanding job order issued before the expiration of the initial contract, whichever is sooner.
Sec. 12. 1. A contractor who enters into a job order contract pursuant to section 11 of this act is responsible for:
(a) Contracting for the services of any necessary subcontractor, supplier or professional necessary to complete a job order;
(b) Ensuring a subcontractor complies with the requirements prescribed in subsections 5 and 6 of NRS 338.070; and
(c) The performance of and payment to any subcontractor, supplier or professional.
κ2021 Statutes of Nevada, Page 3514 (CHAPTER 523, SB 67)κ
2. A contractor who enters into a job order contract pursuant to section 11 of this act may not perform more than 50 percent of the estimated cost of the job order himself or herself, or using his or her own employees.
3. Except as otherwise provided in subsection 5 of NRS 624.220, a contractor who enters into a job order contract shall not perform specialty contracting in plumbing, electrical, refrigeration, air-conditioning or fire protection without a license for the specialty.
Sec. 13. 1. Before a public body issues a job order, a contractor must submit a list of each subcontractor whom the contractor intends to engage for work on the job order.
2. A contractor shall not:
(a) Perform any work required by a job order unless the requirements of subsection 1 are met.
(b) Substitute a subcontractor for any subcontractor who is named in the list provided pursuant to subsection 1 unless the requirements prescribed by subsection 5 of NRS 338.141 are met.
Sec. 14. 1. Each quarter, a public body shall provide to the governing body of the public body a written report containing, for each job order contract, if any:
(a) A list of each job order issued;
(b) The cost of each job order issued;
(c) A list of each subcontractor hired to perform work for each job order;
(d) A statement regarding whether the contractor is a minority-owned business, a woman-owned business, a veteran-owned business, a business enterprise owned by persons with physical disabilities, a business enterprise owned by persons who are disabled veterans or a local emerging small business; and
(e) Any other information requested by the governing body.
2. A governing body shall prepare and submit a written report that includes any information provided to the governing body pursuant to subsection 1 for the immediately preceding calendar year to the Director of the Legislative Counsel Bureau for transmittal to:
(a) The Legislature at the beginning of each regular session; and
(b) The Legislative Commission on or before February 1 of each even-numbered year.
3. For the purposes of this section, a business shall be deemed to be owned by a person who possesses characteristics described in paragraph (d) of subsection 1 if:
(a) The business is owned by a natural person who possesses those characteristics; or
(b) Fifty-one percent of the ownership interest in the business is held by one or more natural persons who possess those characteristics.
4. As used in this section, local emerging small business has the meaning ascribed to it in NRS 231.1402.
Sec. 15. This act becomes effective on October 1, 2021, and expires by limitation on June 30, 2025.
________