2023 Statutes of Nevada, Pages 1-132

[Rev. 3/13/2024 9:49:46 AM]

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ê2023 Statutes of Nevada, Page 1ê

LAWS OF THE STATE

OF NEVADA

Passed at the

EIGHTY-SECOND SESSION OF THE LEGISLATURE

2023

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CHAPTER 1, SB 1

Senate Bill No. 1–Senators Cannizzaro and Seevers Gansert

CHAPTER 1

[Approved: February 10, 2023]

AN ACT making an appropriation to the Legislative Fund for the costs of the 82nd Legislative Session; and providing other matters properly relating thereto.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218A.150 the sum of $20,000,000 for the costs of the 82nd Legislative Session.

Sec. 2. This act becomes effective upon passage and approval.

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ê2023 Statutes of Nevada, Page 2ê

CHAPTER 2, SB 124

Senate Bill No. 124–Committee on Finance

CHAPTER 2

[Approved: February 27, 2023]

AN ACT relating to taxation; revising the manner by which a portion of the revenue generated by the tax upon the net proceeds of minerals and royalties of mining operations is distributed to the State Education Fund; revising provisions relating to the transfer of money to the Education Stabilization Account in the State Education Fund; clarifying the treatment of the proceeds of such a tax within a county school district fund; clarifying the status of the money contained in such a fund on a certain date; providing for the early expiration of certain requirements regarding the imposition and advance payment of a portion of the tax upon the net proceeds of minerals and royalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law imposes a tax upon the net proceeds of minerals extracted in this State and mineral royalties. (NRS 362.100-362.240) A portion of the revenue generated by the tax upon the net proceeds of minerals and mineral royalties is appropriated to the county in which the mining operation is located for apportionment by the county treasurer to each local government or other local taxing entity in that county in an amount equal to the property tax rate for local purposes in that jurisdiction multiplied by the net proceeds extracted from and royalties paid by extractive operations in that jurisdiction, plus a pro rata share of any penalties and interest collected by the Department of Taxation for any late payment of the tax. (NRS 362.170) Existing law requires the portion of the revenue apportioned by the county treasurer to a county school district for any purpose other than capital projects or debt service for the county school district to be paid by the county treasurer to the State Treasurer for deposit in the State Education Fund. The county treasurer is authorized to retain a commission of 5 percent from this amount. (NRS 362.170) Section 1 of this bill removes the appropriation to the county, and apportionment by the county treasurer of, the portion of the revenue that would otherwise be apportioned to a county school district for any purpose other than capital projects or debt service for the county school district. Instead, section 1 requires the Department to deposit this revenue directly in the State Education Fund, which also has the effect of removing the retention by the county treasurer of a commission of 5 percent of the revenue and requiring the entire amount to be deposited in the State Education Fund. Section 2 of this bill makes a conforming change to reflect that this revenue will be transferred to the State Education Fund by the Department.

Existing law requires, with certain exceptions, that each county school district annually transfer from the county school district fund to the Education Stabilization Account in the State Education Fund any amount by which the budgeted ending fund balance of the county school district fund exceeds 16.6 percent of the total budgeted expenditures for the fund. (NRS 387.1213) Section 2.3 of this bill revises this requirement to be based on the actual, rather than budgeted, ending fund balance of a county school district fund and the total actual, rather than budgeted, expenditures for the fund. Section 2.3 also clarifies that certain proceeds of the tax upon the net proceeds of minerals and mineral royalties that are received by a county school district are excluded from the actual ending fund balance of a county school district fund for the purpose of the transfer to the Education Stabilization Account required by existing law and, thus, are not subject to such a transfer. Section 1.5 of this bill makes a conforming change relating to the use of actual, rather than budgeted, ending fund balances and expenditures.

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ê2023 Statutes of Nevada, Page 3 (CHAPTER 2, SB 124)ê

If a county school district maintained an ending fund balance in its county school district fund which exceeded 16.6 percent of the total budgeted expenditures for the fund on June 30, 2020, existing law allows the county school district to maintain an ending fund balance which does not exceed that higher amount, rather than 16.6 percent, before being required to transfer money to the Education Stabilization Account. (Section 77 of chapter 624, Statutes of Nevada 2019, at page 4252) Section 5.5 of this bill repeals that provision, and section 2.3 instead provides that any money which was deposited in a county school district fund on or before June 30, 2020, is excluded from the actual ending fund balance of a county school district fund for the purpose of the transfer to the Education Stabilization Account required by existing law and, thus, is not subject to such a transfer.

Existing law provides that the portion of the revenue generated by the tax upon the net proceeds of minerals and mineral royalties which is appropriated to a county school district pursuant to the Pupil-Centered Funding Plan is deemed to be the first money appropriated to the county school district pursuant to the Plan. (NRS 387.1214) Section 2.5 of this bill clarifies that such money is also deemed to be the first money spent by a county school district from the county school district fund each fiscal year. Section 4.5 of this bill provides that sections 2.3 and 2.5 do not apply to or affect the obligation of any entity to repay any amount of money to which the entity was not entitled.

Existing law requires a person extracting any mineral in this State to file a statement which shows the estimated gross yield and estimated net proceeds from each operation for the current calendar year and an estimate of all royalties that will be paid during the current calendar year. (NRS 362.115) Existing law temporarily requires advance payment of the portion of the tax that is distributed to the State General Fund, based upon the estimated net proceeds and royalties for the current calendar year. (NRS 362.115) This advance payment requirement expires on June 30, 2023. (Chapter 4, Statutes of Nevada 2020, 31st Special Session, at page 32) Section 4 of this bill advances the date on which the advance payment requirement expires to June 30, 2022. Section 3 of this bill revises provisions governing certain duties of the Department relating to the expiration of the advance payment requirement to provide for the carrying out of those duties in Fiscal Year 2022-2023, rather than Fiscal Year 2023-2024.

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 362.170 is hereby amended to read as follows:

362.170 1. There is hereby appropriated to each county the total of the amounts obtained by multiplying, for each extractive operation situated within the county, the net proceeds of that operation and any royalties paid by that operation, by the combined rate of tax ad valorem, excluding any rate levied by the State of Nevada [,] and any rate levied for a county school district for any purpose other than capital projects or debt service for the county school district, for property at that site, plus a pro rata share of any penalties and interest collected by the Department for the late payment of taxes distributed to the county. The Department shall report to the State Controller on or before May 25 of each year the amount appropriated to each county, as calculated for each operation from the final statement made in February of that year for the preceding calendar year. The State Controller shall distribute all money due to a county on or before May 30 of each year.

2. The county treasurer shall apportion to each local government or other local entity an amount calculated by:

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ê2023 Statutes of Nevada, Page 4 (CHAPTER 2, SB 124)ê

(a) Determining the total of the amounts obtained by multiplying, for each extractive operation situated within its jurisdiction, the net proceeds of that operation and any royalty payments paid by that operation, by the rate levied on behalf of that local government or other local entity [;] , excluding any rate levied for a county school district for any purpose other than capital projects or debt service for the county school district;

(b) Adding to the amount determined pursuant to paragraph (a) a pro rata share of any penalties and interest collected by the Department for the late payment of taxes distributed to that local government or local entity; and

(c) Subtracting from the amount determined pursuant to paragraph (b) a commission of 5 percent, of which 3 percent must be deposited in the county general fund and 2 percent must be accounted for separately in the account for the acquisition and improvement of technology in the office of the county assessor created pursuant to NRS 250.085.

3. The amounts apportioned pursuant to subsection 2, including, without limitation, the amount retained by the county and excluding the percentage commission, must be applied to the uses for which each levy was authorized in the same proportion as the rate of each levy bears to the total rate.

4. [Any amount apportioned pursuant to subsection 2] The Department shall deposit to the credit of the State Education Fund the total of the amounts obtained by multiplying, for each extractive operation situated within a county, the net proceeds of that operation and any royalties paid by that operation, by the combined rate of tax ad valorem levied in that county for [a] the county school district for any purpose other than capital projects or debt service for the county school district [must be paid over to the State Treasurer to be] , plus a pro rata share of any penalties and interest collected by the Department for the late payment of taxes deposited to the credit of the State Education Fund.

5. The Department shall report to the State Controller on or before May 25 of each year the amount received as tax upon the net proceeds of geothermal resources which equals the product of those net proceeds multiplied by the rate of tax levied ad valorem by the State of Nevada.

Sec. 1.5. NRS 354.6241 is hereby amended to read as follows:

354.6241 1. The statement required by paragraph (a) of subsection 5 of NRS 354.624 must indicate for each fund set forth in that paragraph:

(a) Whether the fund is being used in accordance with the provisions of this chapter.

(b) Whether the fund is being administered in accordance with generally accepted accounting procedures.

(c) Whether the reserve in the fund is limited to an amount that is reasonable and necessary to carry out the purposes of the fund.

(d) The sources of revenues available for the fund during the fiscal year, including transfers from any other funds.

(e) The statutory and regulatory requirements applicable to the fund.

(f) The balance and retained earnings of the fund.

2. Except as otherwise provided in subsections 3 and 4 and NRS 354.59891 and 354.613, to the extent that the reserve in any fund set forth in paragraph (a) of subsection 5 of NRS 354.624 exceeds the amount that is reasonable and necessary to carry out the purposes for which the fund was created, the reserve may be expended by the local government pursuant to the provisions of chapter 288 of NRS.

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ê2023 Statutes of Nevada, Page 5 (CHAPTER 2, SB 124)ê

3. For any local government other than a school district, for the purposes of chapter 288 of NRS, a budgeted ending fund balance of not more than 16.67 percent of the total budgeted expenditures, less capital outlay, for a general fund:

(a) Is not subject to negotiations with an employee organization; and

(b) Must not be considered by a fact finder or arbitrator in determining the financial ability of the local government to pay compensation or monetary benefits.

4. For a school district, for the purposes of chapter 288 of NRS:

(a) A budgeted ending fund balance of not more than 12 percent of the total budgeted expenditures for a county school district fund:

(1) Is not subject to negotiations with an employee organization; and

(2) Must not be considered by a fact finder or arbitrator in determining the financial ability of the local government to pay compensation or monetary benefits; and

(b) Any portion of a budgeted ending fund balance which exceeds 16.6 percent of the total budgeted expenditures for a county school district fund:

(1) Is not subject to negotiations with an employee organization; and

(2) Must not be considered by a fact finder or arbitrator in determining the financial ability of the local government to pay compensation or monetary benefits . [; and

(3) Except as otherwise provided in section 77 of chapter 624, Statutes of Nevada 2019, at page 4252, must be transferred to the Education Stabilization Account pursuant to NRS 387.1213.]

Sec. 2. NRS 387.1212 is hereby amended to read as follows:

387.1212 1. The State Education Fund is hereby created as a special revenue fund to be administered by the Superintendent of Public Instruction for the purpose of supporting the operation of the public schools in this State. The interest and income earned on the money in the Fund, excluding the direct legislative appropriation from the State General Fund required by subsection 3, must, after deducting any applicable charges, be credited to the Fund.

2. Money which must be deposited for credit to the State Education Fund includes, without limitation:

(a) All money derived from interest on the State Permanent School Fund, as provided in NRS 387.030;

(b) The proceeds of the tax imposed pursuant to NRS 244.33561 and any applicable penalty or interest, less any amount retained by the county treasurer for the actual cost of collecting and administering the tax;

(d) The money identified in subsection 8 of NRS 120A.610;

(e) The portion of the money in each special account created pursuant to subsection 1 of NRS 179.1187 which is identified in paragraph (d) of subsection 2 of NRS 179.1187;

(f) The money identified in paragraph (d) of subsection 6 of NRS 278C.250;

(g) The money identified in subsection 1 of NRS 328.450;

(h) The money identified in subsection 1 of NRS 328.460;

(i) The money identified in paragraph (a) of subsection 2 of NRS 360.850;

(j) The money identified in paragraph (a) of subsection 2 of NRS 360.855;

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ê2023 Statutes of Nevada, Page 6 (CHAPTER 2, SB 124)ê

(k) The money required to be [paid over to the State Treasurer for deposit] deposited to the credit of the State Education Fund pursuant to subsection 4 of NRS 362.170;

(l) The portion of the proceeds of the tax imposed pursuant to subsection 1 of NRS 372A.290 identified in paragraph (b) of subsection 4 of NRS 372A.290;

(m) The proceeds of the tax imposed pursuant to subsection 3 of NRS 372A.290;

(n) The proceeds of the fees, taxes, interest and penalties imposed pursuant to chapter 374 of NRS, as transferred pursuant to subsection 3 of NRS 374.785;

(o) The money identified in subsection 5 of NRS 445B.640;

(p) The money identified in paragraph (b) of subsection 4 of NRS 678B.390;

(q) The portion of the proceeds of the excise tax imposed pursuant to subsection 1 of NRS 463.385 identified in paragraph (c) of subsection 5 of NRS 463.385;

(r) The money required to be distributed to the State Education Fund pursuant to subsection 3 of NRS 482.181;

(s) The portion of the proceeds of the fee imposed pursuant to NRS 488.075 identified in subsection 2 of NRS 488.075;

(t) The portion of the net profits of the grantee of a franchise, right or privilege identified in NRS 709.110;

(u) The portion of the net profits of the grantee of a franchise identified in NRS 709.230;

(v) The portion of the net profits of the grantee of a franchise identified in NRS 709.270; and

(w) The direct legislative appropriation from the State General Fund required by subsection 3.

3. In addition to money from any other source provided by law, support for the State Education Fund must be provided by direct legislative appropriation from the State General Fund in an amount determined by the Legislature to be sufficient to fund the operation of the public schools in this State for kindergarten through grade 12 for the next ensuing biennium for the population reasonably estimated for that biennium. Money in the State Education Fund does not revert to the State General Fund at the end of a fiscal year, and the balance in the State Education Fund must be carried forward to the next fiscal year.

4. Money in the Fund must be paid out on claims as other claims against the State are paid.

Sec. 2.3. NRS 387.1213 is hereby amended to read as follows:

387.1213 1. The Education Stabilization Account is hereby created in the State Education Fund. Except as otherwise provided in subsections 3 , [and] 4 [,] and 5, each year after the close of the previous fiscal year and before the issuance of the State Controller’s annual report, each county school district shall transfer from the county school district fund to the Education Stabilization Account any amount by which the [budgeted] actual ending fund balance of the county school district fund exceeds 16.6 percent of the total [budgeted] actual expenditures for the fund. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

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ê2023 Statutes of Nevada, Page 7 (CHAPTER 2, SB 124)ê

2. Money transferred pursuant to subsection 1 to the Education Stabilization Account is a continuing appropriation solely for the purpose of authorizing the expenditure of the transferred money for the purposes set forth in this section.

3. The balance in the Education Stabilization Account must not exceed 15 percent of the total of all appropriations and authorizations from the State Education Fund, excluding the Education Stabilization Account, for the immediately preceding fiscal year. Any money transferred to the Education Stabilization Account which exceeds this amount must instead be transferred to the State Education Fund.

4. If the Interim Finance Committee finds that:

(a) Upon submission of a request from the Department, the actual enrollment growth for a fiscal year exceeds the projected enrollment growth by an amount that the Interim Finance Committee determines would make a transfer of money to the State Education Fund necessary to fund the excess enrollment; or

(b) The collection of revenue in any fiscal year will result in the State Education Fund receiving 97 percent or less of the money authorized for expenditure from the State Education Fund,

Ê the Committee shall by resolution establish an amount of money to transfer from the Education Stabilization Account to the State Education Fund and direct the State Controller to transfer that amount to the State Education Fund. The State Controller shall thereupon make the transfer.

5. When determining the actual ending fund balance for the purposes of subsection 1, each county school district shall exclude:

(a) Any money deposited in the county school district fund on or before June 30, 2020;

(b) Any money apportioned to the county school district for capital projects or debt service pursuant to subsection 2 of NRS 362.170 and deposited in the county school district fund when authorized by law; and

(c) Any money transferred to the county school district and authorized for expenditure as a continuing appropriation pursuant to paragraph (b) of subsection 6 of NRS 387.1214.

6. The balance remaining in the State Education Fund, excluding the balance remaining in the Education Stabilization Account, that has not been committed for expenditure on or before June 30 of an odd-numbered fiscal year must be transferred to the Education Stabilization Account to the extent that such a transfer would not cause the balance in the Education Stabilization Account to exceed the limit established in subsection 3.

Sec. 2.5. NRS 387.1214 is hereby amended to read as follows:

387.1214 1. After a direct legislative appropriation is made to the State Education Fund from the State General Fund pursuant to NRS 387.1212, the Legislature shall determine the statewide base per pupil funding amount for each fiscal year of the biennium, which is the amount of money expressed on a per pupil basis for the projected enrollment of the public schools in this State, determined to be sufficient by the Legislature to fund the costs of all public schools in this State to operate and provide general education to all pupils for any purpose for which specific funding is not appropriated pursuant to paragraph (a), (b) or (e) of subsection 2 or NRS 387.122. It is the intent of the Legislature that the statewide base per pupil funding amount for any fiscal year, to the extent practicable, be not less than the statewide base per pupil funding amount for the immediately preceding fiscal year, adjusted by inflation, unless the amount of money contained in the State Education Fund, excluding the Education Stabilization Account, decreases from the preceding fiscal year.

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ê2023 Statutes of Nevada, Page 8 (CHAPTER 2, SB 124)ê

fiscal year, adjusted by inflation, unless the amount of money contained in the State Education Fund, excluding the Education Stabilization Account, decreases from the preceding fiscal year. If the amount of money contained in the State Education Fund, excluding the Education Stabilization Account, decreases from the preceding fiscal year, it is the intent of the Legislature that a proportional reduction be made in both the statewide base per pupil funding amount and the weighted funding appropriated pursuant to paragraph (e) of subsection 2.

2. After a direct legislative appropriation is made to the State Education Fund from the State General Fund pursuant to NRS 387.1212, the money in the State Education Fund, excluding any amount of money in the Education Stabilization Account, must be appropriated as established by law for each fiscal year of the biennium for the following purposes:

(a) To each school district, an amount of money determined to be sufficient by the Legislature, when combined with any other resources available for this purpose, to provide food services and transportation for pupils and any other similar service that the Legislature deems appropriate.

(b) To each school district, charter school or university school for profoundly gifted pupils, an amount of money determined to be sufficient by the Legislature, when combined with any other resources available for this purpose, to provide local funding to support pupils with disabilities.

(c) To each school district, an amount of money determined to be sufficient by the Legislature, when combined with any other resources available for this purpose, to provide adjusted base per pupil funding for each pupil estimated to be enrolled in the school district.

(d) To each charter school or university school for profoundly gifted pupils, an amount of money determined to be sufficient by the Legislature, when combined with any other resources available for this purpose, to provide:

(1) The statewide base per pupil funding amount for each pupil estimated to be enrolled full-time in a program of distance education provided by the charter school or university school for profoundly gifted pupils; and

(2) Adjusted base per pupil funding for each pupil estimated to be enrolled in the charter school or university school for profoundly gifted pupils other than a pupil identified in subparagraph (1).

(e) To each school district, charter school or university school for profoundly gifted pupils, an amount of money determined to be sufficient by the Legislature, when combined with any other resources available for this purpose, to provide additional weighted funding for each pupil estimated to be enrolled in the school district, charter school or university school for profoundly gifted pupils who is:

(1) An English learner;

(2) An at-risk pupil; or

(3) A gifted and talented pupil.

3. The adjusted base per pupil funding appropriated pursuant to paragraph (c) of subsection 2 for each school district must be determined by applying the cost adjustment factor established pursuant to NRS 387.1215 which applies to the school district and the attendance area adjustment established pursuant to NRS 387.1218 which applies to each applicable area of the school district to the statewide base per pupil funding amount.

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ê2023 Statutes of Nevada, Page 9 (CHAPTER 2, SB 124)ê

4. The adjusted base per pupil funding appropriated pursuant to subparagraph (2) of paragraph (d) of subsection 2 for each charter school or university school for profoundly gifted pupils must be determined by applying the cost adjustment factor established pursuant to NRS 387.1215 which applies to the charter school or university school and, if applicable, the attendance area adjustment established pursuant to NRS 387.1218 to the statewide base per pupil funding amount.

5. The weighted funding appropriated pursuant to paragraph (e) of subsection 2 must be established separately for each category of pupils identified in that paragraph and expressed as a multiplier to be applied to the statewide base per pupil funding amount determined pursuant to subsection 1. A pupil who belongs to more than one category of pupils or for whom a school district, charter school or university school for profoundly gifted pupils is eligible to receive the statewide multiplier pursuant to NRS 387.122 must receive only the weighted funding for the single category to which the pupil belongs which has the largest multiplier or the statewide multiplier, whichever is larger. It is the intent of the Legislature that, to the extent practicable:

(a) The multiplier for each category of pupils for any fiscal year be not less than the multiplier for the immediately preceding fiscal year unless:

(1) The amount of money contained in the State Education Fund, excluding the Education Stabilization Account, decreases from the preceding fiscal year, in which event it is the intent of the Legislature that a proportional reduction be made in both the statewide base per pupil funding amount and the weighted funding appropriated pursuant to paragraph (e) of subsection 2; or

(2) The amount of money contained in the State Education Fund, excluding the Education Stabilization Account, increases from the preceding fiscal year but in an amount which, after funding the appropriations required by paragraphs (a) to (d), inclusive, of subsection 2, is insufficient to fund the multiplier for each category of pupils, in which event it is the intent of the Legislature that the remaining money in the State Education Fund be used to provide a multiplier for each category of pupils which is as close as practicable to the multiplier for the preceding fiscal year;

(b) The recommendations of the Commission for the multiplier for each category of pupils be considered and the multiplier for one category of pupils may be changed by an amount that is not proportional to the change in the multiplier for one or more other categories of pupils if the Legislature determines that a disproportionate need to serve the pupils in the affected category exists; and

(c) If the multipliers for all categories of pupils in a fiscal year are increased from the multipliers in the immediately preceding fiscal year, a proportional increase is considered for the statewide base per pupil funding amount.

6. For any money identified in subsection 4 of NRS 362.170 which is deposited to the credit of the State Education Fund:

(a) The amount of such money for the county from which the money was collected that does not exceed the total amount of money appropriated pursuant to subsection 2 to the county school district is deemed to be the first money appropriated pursuant to subsection 2 for that county school district [.] and the first money spent by that county school district from the county school district fund during the applicable fiscal year.

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ê2023 Statutes of Nevada, Page 10 (CHAPTER 2, SB 124)ê

(b) The amount of such money for the county from which the money was collected which exceeds the total amount of money appropriated pursuant to subsection 2 to the county school district must be transferred to the county school district and is hereby authorized for expenditure as a continuing appropriation for the purpose of mitigating the adverse effects of the cyclical nature of the industry of extracting and processing minerals on the ability of the county school district to offer its pupils a reasonably equal educational opportunity.

7. The weighted funding appropriated pursuant to paragraph (e) of subsection 2:

(a) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district or the governing body of a charter school and the school district or governing body or to settle any negotiations; and

(b) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.

Sec. 3. Section 8 of chapter 4, Statutes of Nevada 2020, 31st Special Session, at page 30, is hereby amended to read as follows:

Sec. 8. 1. When preparing its certificate of the tax due from a taxpayer pursuant to NRS 362.130 during the calendar year [2024,] 2023, the Department of Taxation shall reduce the amount of the tax due from the taxpayer by the amount of:

(a) Any estimated payments of the tax made by or on behalf of the taxpayer during the calendar year [2023] 2022 pursuant to NRS 362.115, as that section read on January 1, [2023;] 2022; and

(b) Any unused credit to which the taxpayer may be entitled as a result of any previous overpayment of the tax.

2. Notwithstanding any other provision of law, for the calendar year [2023,] 2022, each person extracting any mineral in this State may file with the Department a quarterly report stating an estimate for the year and the actual quarterly amounts of production, gross yield and net proceeds as of March 31, June 30, September 30 and December 31 of that year, and pay any additional amount of the portion of the tax due pursuant to paragraph (a) of subsection 1 of NRS 362.115, as that section read on January 1, [2023.] 2022. The additional estimated tax liability must be calculated by determining the difference between the revised estimates of net proceeds based on the recent production figures as indicated by the quarterly reports and the original estimate supplied pursuant to paragraph (a) of subsection 1 of NRS 362.115, as that section read on January 1, [2023.] 2022. If the person chooses to submit such reports, the reports must be submitted on a form prescribed by the Department not later than the last day of the month following the end of the calendar quarter and payment must be made within 30 days after filing any quarterly report that indicates an additional estimated tax liability.

3. Notwithstanding any other provision of law, for calendar year [2023,] 2022, if the amount paid pursuant to paragraph (a) of subsection 1 of NRS 362.115, as that section read on January 1, [2023,] 2022, is less than 90 percent of the amount certified pursuant to NRS 362.130 as the net proceeds of any minerals extracted and royalties paid during calendar year [2023] 2022 multiplied by a rate equal to the rate as determined pursuant to NRS 362.140 minus the combined rate of tax ad valorem for the county in which the operation is located, including any rate levied by the State of Nevada, the certificate prepared by the Department pursuant to this section must include a penalty of 10 percent of the amount by which that portion of the tax was underpaid unless:

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ê2023 Statutes of Nevada, Page 11 (CHAPTER 2, SB 124)ê

combined rate of tax ad valorem for the county in which the operation is located, including any rate levied by the State of Nevada, the certificate prepared by the Department pursuant to this section must include a penalty of 10 percent of the amount by which that portion of the tax was underpaid unless:

(a) The amount paid pursuant to paragraph (a) of subsection 1 of NRS 362.115, as that section read on January 1, [2023,] 2022, in calendar year [2023] 2022 is equal to or greater than the liability of the operation for the calendar year [2022] 2021 for the portion of the tax that is equal to the net proceeds of any minerals extracted and royalties paid during that calendar year multiplied by a rate equal to the rate as determined pursuant to NRS 362.140 minus the combined rate of tax ad valorem for the county in which the operation is located, including any rate levied by the State of Nevada; or

(b) The person files quarterly reports pursuant to subsection 2 in a timely manner and the total of all payments exceeds 90 percent of the amount certified as the net proceeds of any minerals extracted and royalties paid during the calendar year [2023] 2022 multiplied by a rate equal to the rate as determined pursuant to NRS 362.140 minus the combined rate of tax ad valorem for the county in which the operation is located, including any rate levied by the State of Nevada.

Sec. 4. Section 12 of chapter 4, Statutes of Nevada 2020, 31st Special Session, at page 32, is hereby amended to read as follows:

Sec. 12. 1. This section and sections 2 and 5.5 to 11, inclusive, of this act become effective upon passage and approval.

2. Sections 5.5 and 6 of this act expire by limitation on June 30, 2021.

3. Section 3 of this act becomes effective on July 1, 2021.

4. Sections 2 and 3 of this act expire by limitation on June 30, [2023.] 2022.

Sec. 4.5. The amendatory provisions of sections 2.3 and 2.5 of this act:

1. Are a legislative pronouncement of already existing law and are intended to clarify rather than change such existing law; and

2. Do not apply to or otherwise affect the obligation of any entity to repay to the State Education Fund any amount of money to which the entity was not entitled, including, without limitation, money which was received as an overpayment or in any other way paid to an entity in error from the State Education Fund.

Sec. 5. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after February 6, 2023.

Sec. 5.5. Section 77 of chapter 624, Statutes of Nevada 2019, at page 4252, is hereby repealed.

Sec. 6. 1. This act becomes effective upon passage and approval.

2. The amendatory provisions of sections 1.5, 2.3, 2.5, 4.5 and 5.5 of this act apply retroactively from and after June 30, 2020.

3. The amendatory provisions of sections 3 and 4 of this act apply retroactively from and after June 30, 2022.

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ê2023 Statutes of Nevada, Page 12ê

CHAPTER 3, AB 152

Assembly Bill No. 152–Committee on Ways and Means

CHAPTER 3

[Approved: March 16, 2023]

AN ACT making an appropriation to restore the balance in the Reserve for Statutory Contingency Account; and providing other matters properly relating thereto.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. There is hereby appropriated from the State General Fund to restore the balance in the Reserve for Statutory Contingency Account created by NRS 353.264 the sum of $42,139,109.

Sec. 2. This act becomes effective upon passage and approval.

________

CHAPTER 4, AB 165

Assembly Bill No. 165–Assemblywoman Jauregui

CHAPTER 4

[Approved: March 22, 2023]

AN ACT relating to workers’ compensation; revising provisions governing the payment in a lump sum for certain claimants with a permanent partial disability; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes an award for a permanent partial disability to be paid in a lump sum under certain conditions. (NRS 616C.495) Existing law further provides that if a claimant is injured on or after July 1, 2017, and the disability incurred exceeds 30 percent, the injured employee may elect to receive a lump sum payment that is equal to the present value of an award for a disability of up to 30 percent. This bill authorizes a claimant who is injured on or after July 1, 2017, and whose injury does not exceed 30 percent to elect to receive his or her compensation in a lump sum.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 616C.495 is hereby amended to read as follows:

616C.495 1. Except as otherwise provided in NRS 616C.380, an award for a permanent partial disability may be paid in a lump sum under the following conditions:

(a) A claimant injured on or after July 1, 1973, and before July 1, 1981, who incurs a disability that does not exceed 12 percent may elect to receive his or her compensation in a lump sum.

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ê2023 Statutes of Nevada, Page 13 (CHAPTER 4, AB 165)ê

his or her compensation in a lump sum. A claimant injured on or after July 1, 1981, and before July 1, 1995, who incurs a disability that does not exceed 30 percent may elect to receive his or her compensation in a lump sum.

(b) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation in accordance with NRS 616C.505, is entitled to a lump sum equal to the present value of the deceased claimant’s undisbursed award for a permanent partial disability.

(c) Any claimant injured on or after July 1, 1981, and before July 1, 1995, who incurs a disability that exceeds 30 percent may elect to receive his or her compensation in a lump sum equal to the present value of an award for a disability of 30 percent. If the claimant elects to receive compensation pursuant to this paragraph, the insurer shall pay in installments to the claimant that portion of the claimant’s disability in excess of 30 percent.

(d) Any claimant injured on or after July 1, 1995, and before January 1, 2016, who incurs a disability that:

(1) Does not exceed 25 percent may elect to receive his or her compensation in a lump sum.

(2) Exceeds 25 percent may:

(I) Elect to receive his or her compensation in a lump sum equal to the present value of an award for a disability of 25 percent. If the claimant elects to receive compensation pursuant to this sub-subparagraph, the insurer shall pay in installments to the claimant that portion of the claimant’s disability in excess of 25 percent.

(II) To the extent that the insurer has offered to provide compensation in a lump sum up to the present value of an award for disability of 30 percent, elect to receive his or her compensation in a lump sum up to the present value of an award for a disability of 30 percent. If the claimant elects to receive compensation pursuant to this sub-subparagraph, the insurer shall pay in installments to the claimant that portion of the claimant’s disability in excess of 30 percent.

(e) Any claimant injured on or after January 1, 2016, and before July 1, 2017, who incurs a disability that:

(1) Does not exceed 30 percent may elect to receive his or her compensation in a lump sum.

(2) Exceeds 30 percent may elect to receive his or her compensation in a lump sum equal to the present value of an award for a disability of 30 percent. If the claimant elects to receive compensation pursuant to this subparagraph, the insurer shall pay in installments to the claimant that portion of the claimant’s disability in excess of 30 percent.

(f) Any claimant injured on or after July 1, 2017, who incurs a disability that [exceeds] :

(1) Does not exceed 30 percent may elect to receive his or her compensation in a lump sum.

(2) Exceeds 30 percent may elect to receive his or her compensation in a lump sum equal to the present value of an award for a disability of up to 30 percent. If the claimant elects to receive compensation pursuant to this [paragraph,] subparagraph, the insurer shall pay in installments to the claimant that portion of the claimant’s disability in excess of 30 percent.

(g) If the permanent partial disability rating of a claimant seeking compensation pursuant to this section would, when combined with any previous permanent partial disability rating of the claimant that resulted in an award of benefits to the claimant, result in the claimant having a total permanent partial disability rating in excess of 100 percent, the claimant’s disability rating upon which compensation is calculated must be reduced by such percentage as required to limit the total permanent partial disability rating of the claimant for all injuries to not more than 100 percent.

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ê2023 Statutes of Nevada, Page 14 (CHAPTER 4, AB 165)ê

permanent partial disability rating in excess of 100 percent, the claimant’s disability rating upon which compensation is calculated must be reduced by such percentage as required to limit the total permanent partial disability rating of the claimant for all injuries to not more than 100 percent.

2. If the claimant elects to receive his or her payment for a permanent partial disability in a lump sum pursuant to subsection 1, all of the claimant’s benefits for compensation terminate. Except as otherwise provided in paragraph (d), the claimant’s acceptance of that payment constitutes a final settlement of all factual and legal issues in the case. By so accepting the claimant waives all of his or her rights regarding the claim, including the right to appeal from the closure of the case or the percentage of his or her disability, except:

(a) The right of the claimant to:

(1) Reopen his or her claim in accordance with the provisions of NRS 616C.390; or

(2) Have his or her claim considered by his or her insurer pursuant to NRS 616C.392;

(b) Any counseling, training or other rehabilitative services provided by the insurer;

(d) The right of the claimant to conclude or resolve any contested matter which is pending at the time that the claimant executes his or her election to receive his or her payment for a permanent partial disability in a lump sum. The provisions of this paragraph do not apply to:

(1) The scope of the claim;

(2) The claimant’s stable and ratable status; and

(3) The claimant’s average monthly wage.

3. The claimant, when he or she demands payment in a lump sum pursuant to subsection 2, must be provided with a written notice which prominently displays a statement describing the effects of accepting payment in a lump sum of an entire permanent partial disability award, any portion of such an award or any uncontested portion of such an award, and that the claimant has 20 days after the mailing or personal delivery of the notice within which to retract or reaffirm the demand, before payment may be made and the claimant’s election becomes final.

4. Any lump-sum payment which has been paid on a claim incurred on or after July 1, 1973, must be supplemented if necessary to conform to the provisions of this section.

5. Except as otherwise provided in this subsection, the total lump-sum payment for disablement must not be less than one-half the product of the average monthly wage multiplied by the percentage of disability. If the claimant received compensation in installment payments for his or her permanent partial disability before electing to receive payment for that disability in a lump sum, the lump-sum payment must be calculated for the remaining payment of compensation.

6. The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid. The present value must be calculated using monthly payments in the amounts prescribed in subsection 8 of NRS 616C.490 and actuarial annuity tables adopted by the Division. The tables must be reviewed annually by a consulting actuary and must be adjusted accordingly on July 1 of each year by the Division using:

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ê2023 Statutes of Nevada, Page 15 (CHAPTER 4, AB 165)ê

(a) The most recent unisex “Static Mortality Tables for Defined Benefit Pension Plans” published by the Internal Revenue Service; and

(b) The average 30-Year Treasury Constant Maturity Rate for March of the current year as reported by the Board of Governors of the Federal Reserve System.

7. If a claimant would receive more money by electing to receive compensation in a lump sum than the claimant would if he or she receives installment payments, the claimant may elect to receive the lump-sum payment.

Sec. 2. The provisions of this act apply retroactively from and after July 1, 2017, and apply to any injury incurred on or after July 1, 2017.

Sec. 3. This act becomes effective upon passage and approval.

________

CHAPTER 5, AB 268

Assembly Bill No. 268–Committee on Ways and Means

CHAPTER 5

[Approved: April 4, 2023]

AN ACT making appropriations for the payment of retention incentives to certain employees of the State Government; and providing other matters properly relating thereto.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor the sum of $20,970,000 for the payment of retention incentives in accordance with subsection 2 to each person who is an employee in:

(a) The Executive Department of the State Government, except:

(1) Employees of the Nevada System of Higher Education other than the employees of the System in the classified service, as described in subsection 4 of NRS 284.140.

(2) Persons whose compensation is paid from a budget account that is not subject to NRS 353.150 to 353.246, inclusive, except as otherwise provided in section 3 of this act.

(3) Persons whose positions are temporary, intermittent or seasonal or are positions for which there is a critical labor shortage pursuant to NRS 286.523.

(b) The Judicial Department of the State Government, except persons whose positions are temporary, intermittent or seasonal or are positions for which there is a critical labor shortage pursuant to NRS 286.523.

2. A retention incentive of $500 must be paid from the money appropriated by subsection 1 to each person who is eligible for the payment, as described in subsection 1, and who is so employed on:

(a) March 31, 2023.

(b) June 16, 2023.

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ê2023 Statutes of Nevada, Page 16 (CHAPTER 5, AB 268)ê

3. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2023.

Sec. 2. 1. There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218A.150 the sum of $325,000 for the payment of retention incentives in accordance with subsection 2 to each person who is an employee in the Legislative Department of the State Government, except persons whose positions are for a legislative session or are otherwise temporary, intermittent or seasonal.

2. A retention incentive of $500 must be paid from the money appropriated by subsection 1 to each person who is eligible for the payment, as described in subsection 1, and who is so employed on:

(a) March 31, 2023.

(b) June 16, 2023.

Sec. 3. 1. There is hereby appropriated from the State General Fund to the Public Employees’ Retirement System the sum of $81,000 for the payment of retention incentives in accordance with subsection 2 to each person who is an employee of the Public Employees’ Retirement System, except persons whose positions are temporary, intermittent or seasonal or are positions for which there is a critical labor shortage pursuant to NRS 286.523.

2. A retention incentive of $500 must be paid from the money appropriated by subsection 1 to each person who is eligible for the payment, as described in subsection 1, and who is so employed on:

(a) March 31, 2023.

(b) June 16, 2023.

Sec. 3.5. 1. There is hereby appropriated from the State General Fund to the Nevada System of Higher Education the sum of $3,500,000 for the payment of retention incentives for Fiscal Year 2022-2023 to employees of the Nevada System of Higher Education other than the employees of the System in the classified service, as described in subsection 4 of NRS 284.140.

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ê2023 Statutes of Nevada, Page 17 (CHAPTER 5, AB 268)ê

Nevada System of Higher Education other than the employees of the System in the classified service, as described in subsection 4 of NRS 284.140.

2. On or before September 1, 2023, the Nevada System of Higher Education shall submit a report to the Interim Finance Committee regarding the criteria for eligibility and amounts established for the retention incentives required to be paid pursuant to subsection 1 and the number of recipients thereof.

Sec. 4. This act becomes effective upon passage and approval.

________

CHAPTER 6, SB 132

Senate Bill No. 132–Senators Pazina, Scheible, Spearman, Cannizzaro, Hansen; Daly, Dondero Loop, Flores, Hammond, D. Harris, Krasner, Lange, Neal, Nguyen, Ohrenschall, Seevers Gansert and Stone

Joint Sponsors: Assemblymen O’Neill, Yeager; and Watts

CHAPTER 6

[Approved: May 10, 2023]

AN ACT relating to insurance; prohibiting discrimination against a living organ donor in a policy or contract of life insurance, life annuity or health insurance; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law prohibits health insurers from denying, limiting or excluding a covered benefit or requiring an insured to pay a higher premium, deductible, coinsurance or copay based on the health status of the insured or the covered spouse or dependent of the insured. (NRS 287.010, 287.04335, 689A.032, 689B.500, 689C.190, 695A.232, 695B.183, 695C.050, 695C.1701, 695F.151, 695G.155) Existing law also prohibits unfair discrimination in a policy or contract of life insurance, life annuity or health insurance. (NRS 686A.100) Existing law authorizes the Commissioner of Insurance to enforce the provisions of law that prohibit unfair trade practices in the business of insurance, including unfair discrimination in a policy or contract of life insurance, life annuity or health insurance. (NRS 686A.160, 686A.183) Section 1 of this bill prohibits a person from discriminating against a living organ donor with regard to any policy or contract of life insurance, life annuity or health insurance based solely, and without any additional actuarial risk, on his or her status as a living organ donor. Sections 3, 5 and 6 of this bill authorize the Commissioner to enforce the requirements of section 1 in the same manner as other provisions governing the trade practices of insurers. Section 4 of this bill provides that certain practices are not discrimination for the purposes of section 1. Sections 2 and 7-17 of this bill make conforming changes to indicate the proper placement of section 1 in the Nevada Revised Statutes.

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ê2023 Statutes of Nevada, Page 18 (CHAPTER 6, SB 132)ê

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 686A of NRS is hereby amended by adding thereto a new section to read as follows:

1. With regard to any policy or contract of life insurance, life annuity or health insurance, no person shall discriminate against a living organ donor by:

(a) Refusing to insure the living organ donor;

(b) Refusing to continue to insure the living organ donor;

(d) Charging a living organ donor a different rate, premium, deductible, copay or coinsurance than that charged to a similarly situated insured who is not a living organ donor for the same coverage,

Ê based solely, and without any additional actuarial risk, upon his or her status as a living organ donor.

2. As used in this section, “living organ donor” means a living person who donates one or more of his or her organs, including, without limitation, bone marrow, to be medically transplanted into the body of another person.

Sec. 2. NRS 686A.010 is hereby amended to read as follows:

686A.010 The purpose of NRS 686A.010 to 686A.310, inclusive, and section 1 of this act is to regulate trade practices in the business of insurance in accordance with the intent of Congress as expressed in the Act of Congress approved March 9, 1945, being c. 20, 59 Stat. 33, also designated as 15 U.S.C. §§ 1011 to 1015, inclusive, and Title V of Public Law 106-102, 15 U.S.C. §§ 6801 et seq.

Sec. 3. NRS 686A.015 is hereby amended to read as follows:

686A.015 1. Notwithstanding any other provision of law, the Commissioner has exclusive jurisdiction in regulating the subject of trade practices in the business of insurance in this state.

2. The Commissioner shall establish a program within the Division to investigate any act or practice which constitutes an unfair or deceptive trade practice in violation of the provisions of NRS 686A.010 to 686A.310, inclusive [.] , and section 1 of this act.

Sec. 4. NRS 686A.120 is hereby amended to read as follows:

686A.120 1. Nothing in NRS 686A.100 and 686A.110 , and section 1 of this act shall be construed as including within the definition of discrimination or rebates any of the following practices:

(a) In the case of any contract of life insurance or life annuity, paying bonuses to policyholders or otherwise abating their premiums in whole or in part out of surplus accumulated from nonparticipating insurance, provided that any such bonuses or abatement of premiums shall be fair and equitable to policyholders and for the best interests of the insurer and its policyholders.

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ê2023 Statutes of Nevada, Page 19 (CHAPTER 6, SB 132)ê

(b) In the case of life insurance policies issued on the debit plan, making allowance to policyholders who have continuously for a specified period made premium payments directly to an office of the insurer in an amount which fairly represents the saving in collection expense.

(c) Readjusting the rate of premium for a group insurance policy based on the loss or expense experience thereunder, at the end of the first or any subsequent policy year of insurance thereunder, which may be made retroactive only for such policy year.

(d) Reducing the premium rate for policies of large amounts, but not exceeding savings in issuance and administration expenses reasonably attributable to such policies as compared with policies of similar plan issued in smaller amounts.

(e) Reducing the premium rates for life or health insurance policies or annuity contracts on salary savings, payroll deduction, preauthorized check, bank draft or similar plans in amounts reasonably commensurate with the savings made by the use of such plans.

(f) Extending credit for the payment of any premium, and for which credit a reasonable rate of interest is charged and collected.

2. Nothing in NRS 686A.010 to 686A.310, inclusive, and section 1 of this act shall be construed as including within the definition of securities as inducements to purchase insurance the selling or offering for sale, contemporaneously with life insurance, of mutual fund shares or face amount certificates of regulated investment companies under offerings registered with the Securities and Exchange Commission where such shares or such face amount certificates or such insurance may be purchased independently of and not contingent upon purchase of the other, at the same price and upon similar terms and conditions as where purchased independently.

Sec. 5. NRS 686A.160 is hereby amended to read as follows:

686A.160 If the Commissioner has cause to believe that any person has been engaged or is engaging, in this state, in any unfair method of competition or any unfair or deceptive act or practice prohibited by NRS 686A.010 to 686A.310, inclusive, and section 1 of this act and that a proceeding by the Commissioner in respect thereto would be in the interest of the public, the Commissioner may issue and serve upon such person a statement of the charges and a notice of the hearing to be held thereon. The statement of charges and notice of hearing shall comply with the requirements of NRS 679B.320 and shall be served upon such person directly or by certified or registered mail, return receipt requested.

Sec. 6. NRS 686A.183 is hereby amended to read as follows:

686A.183 1. After the hearing provided for in NRS 686A.160, the Commissioner shall issue an order on hearing pursuant to NRS 679B.360. If the Commissioner determines that the person charged has engaged in an unfair method of competition or an unfair or deceptive act or practice in violation of NRS 686A.010 to 686A.310, inclusive, and section 1 of this act, the Commissioner shall order the person to cease and desist from engaging in that method of competition, act or practice, and may order one or both of the following:

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ê2023 Statutes of Nevada, Page 20 (CHAPTER 6, SB 132)ê

(a) If the person knew or reasonably should have known that he or she was in violation of NRS 686A.010 to 686A.310, inclusive, and section 1 of this act, payment of an administrative fine of not more than $5,000 for each act or violation, except that as to licensed agents, brokers, solicitors and adjusters, the administrative fine must not exceed $500 for each act or violation.

(b) Suspension or revocation of the person’s license if the person knew or reasonably should have known that he or she was in violation of NRS 686A.010 to 686A.310, inclusive [.] , and section 1 of this act.

2. Until the expiration of the time allowed for taking an appeal, pursuant to NRS 679B.370, if no petition for review has been filed within that time, or, if a petition for review has been filed within that time, until the official record in the proceeding has been filed with the court, the Commissioner may, at any time, upon such notice and in such manner as the Commissioner deems proper, modify or set aside, in whole or in part, any order issued by him or her under this section.

3. After the expiration of the time allowed for taking an appeal, if no petition for review has been filed, the Commissioner may at any time, after notice and opportunity for hearing, reopen and alter, modify or set aside, in whole or in part, any order issued by him or her under this section whenever in the opinion of the Commissioner conditions of fact or of law have so changed as to require such action or if the public interest so requires.

Sec. 7. NRS 686A.520 is hereby amended to read as follows:

686A.520 1. The provisions of NRS 683A.341, 683A.451, 683A.461 and 686A.010 to 686A.310, inclusive, and section 1 of this act apply to companies.

2. For the purposes of subsection 1, unless the context requires that a section apply only to insurers, any reference in those sections to “insurer” must be replaced by a reference to “company.”

Sec. 8. NRS 688C.175 is hereby amended to read as follows:

688C.175 1. Persons engaged in the business of viatical settlements are subject to the provisions of this chapter and to the following provisions, to the extent reasonably applicable:

(a) NRS 679B.230 to 679B.300, inclusive, concerning examinations of insurers.

(b) NRS 679B.310 to 679B.370, inclusive, concerning hearings regarding insurers and employees of insurers.

(d) Chapter 683A of NRS.

(e) NRS 686A.010 to 686A.310, inclusive, and section 1 of this act concerning trade practices and frauds.

2. Nothing in this chapter or elsewhere in this title preempts or otherwise limits the provisions of chapter 90 of NRS, or of any rules, regulations or orders issued by or through the Administrator of the Securities Division of the Office of the Secretary of State or the Administrator’s designee acting pursuant to the authority granted by chapter 90 of NRS.

3. Compliance with the provisions of this chapter does not constitute compliance with any applicable provisions of chapter 90 of NRS or with any rule, regulation or order adopted or issued thereunder.

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ê2023 Statutes of Nevada, Page 21 (CHAPTER 6, SB 132)ê

Sec. 9. NRS 689.160 is hereby amended to read as follows:

689.160 1. The provisions of NRS 683A.341, 683A.451, 683A.461 and 686A.010 to 686A.310, inclusive, and section 1 of this act apply to agents and sellers.

3. The provisions of NRS 679B.230 to 679B.300, inclusive, apply to sellers. Unless the context requires that a provision apply only to insurers, any reference in those sections to “insurer” must be replaced by a reference to “seller.”

Sec. 10. NRS 689.595 is hereby amended to read as follows:

689.595 1. The provisions of NRS 683A.341, 683A.451, 683A.461 and 686A.010 to 686A.310, inclusive, and section 1 of this act apply to agents and sellers.

Sec. 11. NRS 695B.320 is hereby amended to read as follows:

695B.320 1. Nonprofit hospital and medical or dental service corporations are subject to the provisions of this chapter, and to the provisions of chapters 679A and 679B of NRS, subsections 2, 4, 18, 19 and 31 of NRS 680B.010, NRS 680B.025 to 680B.060, inclusive, chapter 681B of NRS, NRS 686A.010 to 686A.315, inclusive, and section 1 of this act, 686B.010 to 686B.175, inclusive, 687B.010 to 687B.040, inclusive, 687B.070 to 687B.140, inclusive, 687B.150, 687B.160, 687B.180, 687B.200 to 687B.255, inclusive, 687B.270, 687B.310 to 687B.380, inclusive, 687B.410, 687B.420, 687B.430, 687B.500 and chapters 692B, 692C, 693A and 696B of NRS, to the extent applicable and not in conflict with the express provisions of this chapter.

2. For the purposes of this section and the provisions set forth in subsection 1, a nonprofit hospital and medical or dental service corporation is included in the meaning of the term “insurer.”

Sec. 12. NRS 695C.300 is hereby amended to read as follows:

695C.300 1. No health maintenance organization or representative thereof may cause or knowingly permit the use of advertising which is untrue or misleading, solicitation which is untrue or misleading or any form of evidence of coverage which is deceptive. For purposes of this chapter:

(a) A statement or item of information shall be deemed to be untrue if it does not conform to fact in any respect which is or may be significant to an enrollee of, or person considering enrollment in, a health care plan.

(b) A statement or item of information shall be deemed to be misleading, whether or not it may be literally untrue if, in the total context in which such statement is made or such item of information is communicated, such statement or item of information may be reasonably understood by a reasonable person not possessing special knowledge regarding health care

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ê2023 Statutes of Nevada, Page 22 (CHAPTER 6, SB 132)ê

coverage, as indicating any benefit or advantage or the absence of any exclusion, limitation or disadvantage of possible significance to an enrollee of, or person considering enrollment in, a health care plan if such benefit or advantage or absence of limitation, exclusion or disadvantage does not in fact exist.

(c) An evidence of coverage shall be deemed to be deceptive if the evidence of coverage taken as a whole, and with consideration given to typography and format as well as language, shall be such as to cause a reasonable person not possessing special knowledge regarding health care plans and evidences of coverage therefor to expect benefits, services, charges or other advantages which the evidence of coverage does not provide or which the health care plan issuing such evidence of coverage does not regularly make available for enrollees covered under such evidence of coverage.

2. NRS 686A.010 to 686A.310, inclusive, and section 1 of this act shall be construed to apply to health maintenance organizations, health care plans and evidences of coverage except to the extent that the nature of health maintenance organizations, health care plans and evidences of coverage render the sections therein clearly inappropriate.

3. An enrollee may not be cancelled or not renewed except for the failure to pay the charge for such coverage or for cause as determined in the master contract.

4. No health maintenance organization, unless licensed as an insurer, may use in its name, contracts, or literature any of the words “insurance,” “casualty,” “surety,” “mutual” or any other words descriptive of the insurance, casualty or surety business or deceptively similar to the name or description of any insurance or surety corporation doing business in this State.

5. No person not certificated under this chapter shall use in its name, contracts or literature the phrase “health maintenance organization” or the initials “HMO.”

Sec. 13. NRS 695D.290 is hereby amended to read as follows:

695D.290 The provisions of NRS 686A.010 to 686A.310, inclusive, and section 1 of this act relating to trade practices and frauds apply to organizations for dental care.

Sec. 14. NRS 695E.170 is hereby amended to read as follows:

695E.170 1. A risk retention group and its agents and representatives are subject to the provisions of:

(a) NRS 680A.205 and any regulations adopted pursuant thereto, including, without limitation, regulations relating to the standards which may be used by the Commissioner in determining whether a risk retention group is in a hazardous financial condition.

(b) NRS 686A.010 to 686A.310, inclusive [.] , and section 1 of this act. Any injunction obtained pursuant to those sections must be obtained from a court of competent jurisdiction.

2. All premiums paid for coverages within this state to a risk retention group are subject to the provisions of chapter 680B of NRS. Each risk retention group shall report all premiums paid to it and shall pay the taxes on premiums and any related fines or penalties for risks resident, located or to be performed in the state.

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ê2023 Statutes of Nevada, Page 23 (CHAPTER 6, SB 132)ê

3. Any person acting as an agent or a broker for a risk retention group pursuant to NRS 695E.210 shall:

(a) Report to the Commissioner each premium for direct business for risks resident, located or to be performed in this State which the person has placed with or on behalf of a risk retention group that is not chartered in this State.

(b) Maintain a complete and separate record of each policy obtained from each risk retention group. Each record maintained pursuant to this subsection must be made available upon request by the Commissioner for examination pursuant to NRS 679B.240, and must include, for each policy and each kind of insurance provided therein:

(1) The limit of liability;

(2) The period covered;

(3) The effective date;

(4) The name of the risk retention group which issued the policy;

(5) The gross annual premium charged; and

(6) The amount of return premiums, if any.

4. As used in this section, “premiums for direct business” means any premium written in this State for a policy of insurance. The term does not include any premium for reinsurance or for a contract between members of a risk retention group.

Sec. 15. NRS 695F.090 is hereby amended to read as follows:

695F.090 1. Prepaid limited health service organizations are subject to the provisions of this chapter and to the following provisions, to the extent reasonably applicable:

(a) NRS 686B.010 to 686B.175, inclusive, concerning rates and essential insurance.

(b) NRS 687B.310 to 687B.420, inclusive, concerning cancellation and nonrenewal of policies.

(d) The requirements of NRS 679B.152.

(e) The fees imposed pursuant to NRS 449.465.

(f) NRS 686A.010 to 686A.310, inclusive, and section 1 of this act concerning trade practices and frauds.

(g) The assessment imposed pursuant to NRS 679B.700.

(h) Chapter 683A of NRS.

(i) To the extent applicable, the provisions of NRS 689B.340 to 689B.580, inclusive, and chapter 689C of NRS relating to the portability and availability of health insurance.

(j) NRS 689A.035, 689A.0463, 689A.410, 689A.413 and 689A.415.

(k) NRS 680B.025 to 680B.060, inclusive, concerning premium tax, premium tax rate, annual report and estimated quarterly tax payments. For the purposes of this paragraph, unless the context otherwise requires that a section apply only to insurers, any reference in those sections to “insurer” must be replaced by a reference to “prepaid limited health service organization.”

(l) Chapter 692C of NRS, concerning holding companies.

(m) NRS 689A.637, concerning health centers.

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ê2023 Statutes of Nevada, Page 24 (CHAPTER 6, SB 132)ê

(n) Chapter 681B of NRS, concerning assets and liabilities.

(o) NRS 682A.400 to 682A.468, inclusive, concerning investments.

2. For the purposes of this section and the provisions set forth in subsection 1, a prepaid limited health service organization is included in the meaning of the term “insurer.”

Sec. 16. NRS 696A.360 is hereby amended to read as follows:

696A.360 Motor clubs are also subject, in the same manner as insurers, to the following provisions of this Code to the extent reasonably applicable:

1. Chapter 679A of NRS (scope and definitions);

2. Chapter 679B of NRS (Commissioner of Insurance);

3. NRS 683A.400 (fiduciary funds);

4. Chapter 685B of NRS (unauthorized insurers);

5. NRS 686A.010 to 686A.310, inclusive , and section 1 of this act (trade practices and frauds); and

6. Chapter 696B of NRS (delinquent insurers).

Sec. 17. NRS 697.360 is hereby amended to read as follows:

697.360 Licensed bail agents, bail solicitors and bail enforcement agents, and general agents are also subject to the following provisions of this Code, to the extent reasonably applicable:

1. Chapter 679A of NRS.

2. Chapter 679B of NRS.

3. NRS 683A.261.

4. NRS 683A.301.

5. NRS 683A.311.

6. NRS 683A.331.

7. NRS 683A.341.

8. NRS 683A.361.

9. NRS 683A.400.

10. NRS 683A.451.

11. NRS 683A.461.

12. NRS 683A.500.

13. NRS 683A.520.

14. NRS 686A.010 to 686A.310, inclusive [.] , and section 1 of this act.

Sec. 18. This act becomes effective on January 1, 2024.

________

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ê2023 Statutes of Nevada, Page 25ê

CHAPTER 7, SB 40

Senate Bill No. 40–Committee on Growth and Infrastructure

CHAPTER 7

[Approved: May 17, 2023]

AN ACT relating to manufactured housing; changing the name of the document issued by the Housing Division of the Department of Business and Industry indicating the ownership of a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing from a “certificate of ownership” to a “certificate of title”; authorizing the Administrator of the Division to issue certain documents in electronic form; revising requirements for certain transactions involving the ownership of a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing; revising eligibility requirements for persons seeking assistance from the Account for Affordable Housing; revising provisions governing local ordinances concerning the placement of certain manufactured homes; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law sets forth various requirements and restrictions relating to a certificate of ownership that is issued by the Housing Division of the Department of Business and Industry for a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing. (NRS 489.501-489.585) Sections 1-4, 6-16 and 18-23 of this bill change the name of such a certificate from a “certificate of ownership” to a “certificate of title.” Section 24 of this bill provides that any valid certificate of ownership issued by the Division before July 1, 2023, is deemed to be a certificate of title issued by the Division.

Section 2 of this bill authorizes the Administrator of the Division to issue certain documents, including, among others, a certificate of title, in electronic form.

Existing law sets forth certain requirements concerning the sale of a new, used or rebuilt manufactured home, mobile home, manufactured building or commercial coach or new, used or rebuilt factory-built housing. (NRS 489.501, 489.511, 489.521) If such a sale is conducted by a dealer, existing law requires the dealer to: (1) complete a dealer’s report of sale on a form prescribed by the Division which contains certain required information; and (2) require the buyer to sign an acknowledgement of taxes on a form prescribed by the Division which includes certain information. (NRS 489.501, 489.511) Sections 5 and 6 of this bill eliminate certain requirements concerning the dealer’s report of sale and the information that is required to be included on the dealer’s report of sale and the acknowledgement of taxes.

If the sale of a used or rebuilt manufactured home, mobile home, manufactured building or commercial coach or used or rebuilt factory-built housing is conducted by a person who is not a dealer, existing law requires the seller or buyer, or both, to submit certain documents to the Division and the county assessor of the county in which the manufactured home, mobile home, manufactured building, commercial coach or factory-built housing is located. (NRS 489.521) Section 7 of this bill eliminates that requirement and instead requires the seller or buyer, or both, to submit to the Division and the county assessor any information that the Administrator requires by regulation.

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ê2023 Statutes of Nevada, Page 26 (CHAPTER 7, SB 40)ê

Existing law prohibits the Division from issuing a certificate of ownership of a used manufactured home or used mobile home unless the county assessor of the county in which the manufactured home or mobile home was situated at the time of sale has endorsed on the certificate that certain taxes have been paid. (NRS 489.531) Section 8 of this bill revises that prohibition to authorize the Division to issue a certificate of title of a used manufactured home or used mobile home if the county assessor verifies to the Division, on a form prescribed by the Division, that certain taxes have been paid.

With certain exceptions, existing law prohibits any money concerning the sale or exchange of an interest in a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing which is held by a dealer from being distributed until, among other things, an application for a certificate of ownership or certificate of title has been submitted to the Division and certain documents have been executed. (NRS 489.723) Section 15 of this bill requires that application to be submitted and those documents to be executed in a form prescribed by the Division.

Section 26 of this bill eliminates certain requirements concerning the transfer of the title to or the interest of an owner in a manufactured home, mobile home or commercial coach.

Existing law creates the Account for Low-Income Housing, which is administered by the Division, and establishes the purposes for which the Account is required to be used. (NRS 118B.215, 319.500, 319.510) One such required use is to assist eligible persons by supplementing their monthly rent for the manufactured home lot on which their manufactured home is located. Under existing law, to be eligible for assistance from the Account, a person is required to have, among other things, a monthly household income that is at or below certain specified amounts. (NRS 118B.215) Section 18 of this bill revises those eligibility requirements to instead require that, to be eligible for assistance from the Account, a person must have a monthly household income that is at or below: (1) the federally designated level signifying poverty or thirty percent of the median family income, as prescribed by the HOME Investment Partnerships Act, adjusted for household size, which the United States Department of Housing and Urban Development has established for the area of the State in which the manufactured home is located, whichever is greater; or (2) a maximum monthly household income that the Administrator has established by regulation. (42 U.S.C. §§ 12701 et seq.)

Existing law requires a governing body of a city or county to adopt standards for the placement of a manufactured home that will not be affixed to a lot within a mobile home park and prescribes certain criteria for such a manufactured home that must be incorporated into such standards. (NRS 278.02095) Section 19 of this bill revises these criteria to provide that such a manufactured home must consist of one or more sections and consist of at least 400 square feet of living area, except under certain circumstances.

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 487.100 is hereby amended to read as follows:

487.100 1. Except as otherwise provided in subsections 2 and 3, any automobile wrecker purchasing from any person other than a licensed operator of a salvage pool any vehicle subject to registration pursuant to the laws of this State shall forward to the Department the certificates of title and registration last issued therefor.

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ê2023 Statutes of Nevada, Page 27 (CHAPTER 7, SB 40)ê

2. The certificate of [ownership] title last issued for a mobile home or commercial coach must be sent by the wrecker to the Housing Division of the Department of Business and Industry.

3. An automobile wrecker is not required to:

(a) Provide the Department with a certificate of title, salvage title or a nonrepairable vehicle certificate and certificate of registration last issued; or

(b) Obtain from the Department a certificate of title, salvage title, nonrepairable vehicle certificate or certificate of registration,

Ê for a motor vehicle that is to be processed as parts or scrap metal by the automobile wrecker pursuant to NRS 487.105.

Sec. 2. NRS 489.231 is hereby amended to read as follows:

489.231 1. To carry out the provisions of this chapter, the Administrator may:

(a) Issue subpoenas for the attendance of witnesses or the production of books, papers and documents; and

(b) Conduct hearings.

2. The Administrator may apply for and receive grants from the Secretary of Housing and Urban Development for developing and carrying out a plan for enforcement and administration of federal standards of safety and construction respecting manufactured homes offered for sale or lease in this state.

3. The Administrator may adopt regulations to ensure acceptance by the Secretary of Housing and Urban Development of the state plan for administration and enforcement of federal standards of safety and construction respecting manufactured homes in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §§ 5401 et seq.

4. The Administrator may:

(a) Make inspections;

(b) Approve plans and specifications;

(d) Issue licenses, permits, certificates of [ownership] title and certificates and labels of compliance and installation [;] in such form as he or she may deem proper, including, without limitation, in electronic form;

(e) Enter into reciprocal agreements with other states or private organizations that adopt and maintain standards reasonably consistent with this chapter;

(f) Collect the fees provided for in this chapter; and

(g) Adopt regulations necessary to carry out his or her duties under this chapter.

5. The Administrator or a representative of the Administrator may enter, at reasonable times and without notice, any mobile home park or place of business or any factory, warehouse or establishment in which manufactured homes, mobile homes, travel trailers, manufactured buildings or factory-built housing are manufactured, stored or held for sale or distribution and inspect at reasonable times in a reasonable manner the premises and books, papers, records and documents which are relevant to the manufacture, distribution and sale of manufactured homes, mobile homes, travel trailers, manufactured buildings or factory-built housing and compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §§ 5401 et seq., this chapter and chapter 461 of NRS, and any regulations adopted pursuant thereto, and to compliance by landlords of mobile home parks with the prohibition in NRS 118B.140 against charging or receiving any entrance or exit fee.

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ê2023 Statutes of Nevada, Page 28 (CHAPTER 7, SB 40)ê

compliance by landlords of mobile home parks with the prohibition in NRS 118B.140 against charging or receiving any entrance or exit fee. A magistrate shall issue a warrant to permit an inspection if the Administrator has shown:

(a) Evidence that a violation of a provision of this chapter or of the prohibition in NRS 118B.140 against charging or receiving any entrance or exit fee has been committed or is being committed; or

(b) That the business has been chosen for an inspection on the basis of a general administrative plan for the enforcement of the provisions of this chapter.

Sec. 3. NRS 489.272 is hereby amended to read as follows:

489.272 The Administrator shall adopt regulations:

1. Requiring a person who is buying or selling a manufactured home, mobile home or commercial coach pursuant to:

(a) A sale to satisfy a lien; or

(b) A contract for sale or other agreement by which the certificate of title [or certificate of ownership] does not pass immediately from the seller to the buyer upon the sale,

Ê to submit to the Administrator such information regarding the sale as the Administrator deems necessary.

2. Establishing requirements for the issuance or transfer of a certificate of title [or certificate of ownership] of a mobile home, manufactured home or a commercial coach in cases involving:

(a) More than one transferor or transferee;

(b) A transferor or transferee who holds a certificate of title [or certificate of ownership] in trust for another person; or

Sec. 4. NRS 489.481 is hereby amended to read as follows:

489.481 The Division shall adopt regulations providing fees for:

1. Certificates of installation;

2. Labels of installation;

3. Certificates of compliance;

4. Labels of compliance;

5. Certificates of [ownership;] title;

6. Licenses of manufacturers, dealers, distributors, salespersons, responsible managing employees, general servicepersons and specialty servicepersons;

7. Licenses for branch offices; and

8. Any other services provided by the Division.

Sec. 5. NRS 489.501 is hereby amended to read as follows:

489.501 1. When a new manufactured home, new mobile home, new manufactured building or new commercial coach or new factory-built housing is sold in this State by a dealer, the dealer shall complete a report of sale. The report of sale must be in a form prescribed by the Division . [and include a description of the manufactured home, mobile home, manufactured building, commercial coach or factory-built housing, the name and address of the seller and the name and address of the buyer. If in connection with the sale a security interest is taken or retained by the seller or dealer to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the manufactured home, mobile home, manufactured building, commercial coach or factory built housing, the name and address of the secured party or an assignee thereof must be entered on the report of sale.]

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ê2023 Statutes of Nevada, Page 29 (CHAPTER 7, SB 40)ê

built housing, the name and address of the secured party or an assignee thereof must be entered on the report of sale.]

2. The dealer shall require the buyer to sign an acknowledgment of taxes, on a form prescribed by the Division . [, which includes a statement that a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing is taxable in the county in which it is located.] A dealer who sells a new manufactured home, new mobile home, new manufactured building or new commercial coach or new factory-built housing shall deliver the buyer’s copy of the acknowledgment of taxes to the buyer at the time of sale and submit another copy within 30 days after the date of the sale to the county assessor of the county in which the manufactured home, mobile home, manufactured building, commercial coach or factory-built housing will be located.

3. The dealer shall submit the [original of the] report of sale and the manufacturer’s certificate or statement of origin to the Division within 30 days after the execution of all instruments which the contract of sale required to be executed at the time of sale or within 30 days after the date of sale, whichever is later, unless an extension of time is granted by the Division.

4. A dealer who sells a new manufactured home, new mobile home, new manufactured building or new commercial coach or new factory-built housing shall deliver [the buyer’s] a copy of the report of sale to the buyer at the time of sale and submit another copy within 30 days after the date of the sale to the county assessor of the county in which the manufactured home, mobile home, manufactured building, commercial coach or factory-built housing will be located.

Sec. 6. NRS 489.511 is hereby amended to read as follows:

489.511 1. If a used or rebuilt manufactured home, mobile home, manufactured building or commercial coach or used or rebuilt factory-built housing is sold in this State by a dealer, the dealer shall complete a dealer’s report of sale. The report must be in a form prescribed by the Division . [and include a description of the manufactured home, mobile home, manufactured building, commercial coach or factory-built housing, the name and address of the seller and the name and address of the buyer. If a security interest exists at the time of the sale, or if in connection with the sale a security interest is taken or retained by the seller or dealer to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the manufactured home, mobile home, manufactured building, commercial coach or factory-built housing, the name and address of the secured party must be entered on the dealer’s report of sale.]

2. The dealer shall submit the [original of the] dealer’s report of sale to the Division within 45 days after the execution of all instruments which the contract of sale requires to be executed at the time of the sale, unless an extension of time is granted by the Division, together with the endorsed certificate of title [or certificate of ownership] previously issued. The dealer shall furnish one copy of the report of sale to the buyer at the time of the sale. Within 45 days after the sale, the dealer shall furnish one copy of the report of sale to the assessor of the county in which the manufactured home, mobile home, manufactured building, commercial coach or factory-built housing will be located.

3. The dealer shall require the buyer to sign an acknowledgment of taxes, on a form prescribed by the Division . [, which includes a statement that the manufactured home, mobile home, manufactured building, commercial coach or factory-built housing is taxable in the county in which it is located.]

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ê2023 Statutes of Nevada, Page 30 (CHAPTER 7, SB 40)ê

that the manufactured home, mobile home, manufactured building, commercial coach or factory-built housing is taxable in the county in which it is located.] The dealer shall deliver the buyer’s copy of the acknowledgment to the buyer at the time of sale and submit another copy to the county assessor of the county in which the manufactured home, mobile home, manufactured building, commercial coach or factory-built housing is to be located.

4. If a used or rebuilt manufactured home, mobile home, manufactured building or commercial coach or used or rebuilt factory-built housing is sold by a dealer pursuant to an installment contract or other agreement by which the certificate of title [or certificate of ownership] does not pass immediately from the seller to the buyer upon the sale, the dealer shall submit to the Division any information required by the regulations adopted by the Administrator pursuant to NRS 489.272.

Sec. 7. NRS 489.521 is hereby amended to read as follows:

489.521 1. If a used or rebuilt manufactured home, mobile home, manufactured building or commercial coach or used or rebuilt factory-built housing is sold in this State by a person who is not a dealer, the seller or buyer, or both, shall :

(a) Within 45 days after the sale, submit to the Division [,] and [a copy] to the county assessor of the county in which the manufactured home, mobile home, manufactured building, commercial coach or factory-built housing is located [, within 45 days after the sale:

(a) If a certificate of ownership has been issued in this State, that certificate properly endorsed.] the information required by the regulations adopted by the Administrator pursuant to subsection 2; and

(b) If [a certificate of title or other document of title has been issued by a public authority of another state, territory or country:

(1) The certificate or document properly endorsed; and

(2) A statement showing, if not included on the endorsed certificate or document, the description of the manufactured home, mobile home, manufactured building, commercial coach or factory-built housing, the names and addresses of the buyer and seller, and the name and address of any person who takes or retains a purchase money security interest. The statement must be signed and acknowledged by the seller and buyer.

(c) If a document of title has not been issued by any public authority, a statement showing all the information and signed and acknowledged in the manner required by subparagraph (2) of paragraph (b).

2. If a] the used or rebuilt manufactured home, mobile home, manufactured building or commercial coach or used or rebuilt factory-built housing is sold by a person who is not a dealer pursuant to an installment contract or other agreement by which the certificate of title [or certificate of ownership] does not pass immediately from the seller to the buyer upon the sale, [the seller or buyer, or both, shall] submit to the Division any information required by the regulations adopted by the Administrator pursuant to NRS 489.272.

2. The Administrator shall adopt regulations prescribing the information that is required to be submitted to the Division and county assessor pursuant to paragraph (a) of subsection 1.

Sec. 8. NRS 489.531 is hereby amended to read as follows:

489.531 [1.] The Division shall not issue a certificate of [ownership] title of a used manufactured home or used mobile home unless the county assessor of the county in which the manufactured home or mobile home was situated at the time of sale has [endorsed on] provided to the [certificate] Division, on a form prescribed by the Division, verification that all personal property taxes on that manufactured home or mobile home for the fiscal year have been paid.

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ê2023 Statutes of Nevada, Page 31 (CHAPTER 7, SB 40)ê

assessor of the county in which the manufactured home or mobile home was situated at the time of sale has [endorsed on] provided to the [certificate] Division, on a form prescribed by the Division, verification that all personal property taxes on that manufactured home or mobile home for the fiscal year have been paid.

[2. Every certificate of ownership issued for a used manufactured home or mobile home must contain a warning, printed or stamped on its face, to the effect that title to a used manufactured home or used mobile home does not pass until the county assessor of the county in which the manufactured home or mobile home was situated at the time of the sale has endorsed on the certificate that all personal property taxes on that manufactured home or mobile home for the fiscal year have been paid.]

Sec. 9. NRS 489.541 is hereby amended to read as follows:

489.541 1. Except as otherwise provided in subsections 4 and 5, upon receipt of the documents required by the Division, the Division shall issue a certificate of [ownership] title.

2. If no security interest is created or exists in connection with the sale, the certificate of [ownership] title must be issued to the buyer.

3. If a security interest is created by the sale, the certificate of [ownership] title must be issued to the secured party or an assignee thereof, and must show the name of the registered owner.

4. The Division shall not issue a certificate of [ownership] title for a mobile home that has been determined to be substandard until the conditions that rendered the mobile home substandard are abated.

5. The Division shall not issue a certificate of title [or certificate of ownership] for factory-built housing that constitutes real property pursuant to subsection 4 of NRS 361.244.

Sec. 10. NRS 489.561 is hereby amended to read as follows:

489.561 Whenever an application is made to the Division for title of a manufactured home, mobile home or commercial coach previously titled and the applicant is unable to present the certificate of [ownership] title previously issued because it is lost or being unlawfully detained by one in possession or is not otherwise available, the Division may receive the application and examine the circumstances of the case and require the filing of affidavits or other information. When the Division is satisfied that the applicant is entitled to a certificate of [ownership,] title, or pursuant to NRS 489.562, it may issue the certificate on the manufactured home, mobile home or commercial coach.

Sec. 11. NRS 489.562 is hereby amended to read as follows:

489.562 1. If an applicant who is seeking a certificate of [ownership] title is unable to provide the information required by the Division pursuant to NRS 489.561 and satisfy the Division that the applicant is entitled to a certificate of [ownership] title pursuant to that section, the applicant may obtain a new certificate of [ownership] title from the Division by:

(a) Filing a bond with the Division that meets the requirements of subsection 3; and

(b) Allowing the Division to inspect the manufactured home, mobile home or commercial coach for compliance with the safety standards and other requirements provided in regulations adopted by the Administrator pursuant to NRS 489.251.

2. Any person damaged by the issuance of a certificate of [ownership] title pursuant to this section has a right of action to recover on the bond for any breach of its conditions, except the aggregate liability of the surety to all persons must not exceed the amount of the bond.

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ê2023 Statutes of Nevada, Page 32 (CHAPTER 7, SB 40)ê

any breach of its conditions, except the aggregate liability of the surety to all persons must not exceed the amount of the bond.

3. The bond required pursuant to subsection 1 must be:

(a) In a form prescribed by the Division;

(b) Executed by the applicant as principal and by a corporation qualified under the laws of this State as surety;

(c) In an amount equal to one and one-half times the most recent assessed value assigned by the relevant county assessor to the manufactured home, mobile home or commercial coach; and

(d) Conditioned to indemnify any:

(1) Prior owner or lienholder of the manufactured home, mobile home or commercial coach, and his or her successors in interest;

(2) Subsequent purchaser of the manufactured home, mobile home or commercial coach, and his or her successors in interest; or

(3) Person acquiring a security interest in the manufactured home, mobile home or commercial coach, and his or her successors in interest,

Ê against any expense, loss or damage because of the issuance of the certificate of [ownership] title or because of any defect in or undisclosed security interest in the applicant’s right or title to the manufactured home, mobile home or commercial coach or the applicant’s interest in the manufactured home, mobile home or commercial coach.

4. A right of action does not exist in favor of any person by reason of any action or failure to act on the part of the Division or any officer or employee thereof in carrying out the provisions of this section, or in giving or failing to give any information concerning the legal ownership of a manufactured home, mobile home or commercial coach or the existence of a certificate of [ownership] title obtained pursuant to this section.

Sec. 12. NRS 489.564 is hereby amended to read as follows:

489.564 1. The owner or joint owners of a manufactured home, mobile home or commercial coach may request the Division to issue a certificate of [ownership] title in beneficiary form for the manufactured home, mobile home or commercial coach, as applicable, which includes a directive to the Division to transfer the certificate of [ownership] title upon the death of the owner or upon the death of all joint owners to a beneficiary named on the face of the certificate of [ownership.] title.

2. A request made pursuant to subsection 1 must be submitted on an application made available by the Division and must:

(a) Contain a notarized signature of the owner or each joint owner; and

(b) Be accompanied by the fee for the issuance of a certificate of [ownership.] title.

3. A certificate of [ownership] title in beneficiary form may not be issued to a person who holds an interest in a manufactured home, mobile home or commercial coach as a tenant in common with another person.

4. A certificate of [ownership] title in beneficiary form must include after the name of the owner or after the names of joint owners the words “transfer on death to” or the abbreviation “TOD” followed by the name of the beneficiary.

5. During the lifetime of a sole owner or before the death of the last surviving joint owner:

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ê2023 Statutes of Nevada, Page 33 (CHAPTER 7, SB 40)ê

(a) The signature or consent of the beneficiary is not required for any transaction relating to a manufactured home, mobile home or commercial coach for which a certificate of [ownership] title in beneficiary form has been issued; and

(b) The certificate of [ownership] title in beneficiary form may be revoked or the beneficiary changed at any time by:

(1) Sale of the manufactured home, mobile home or commercial coach with proper assignment and delivery of the certificate of [ownership] title to another person; or

(2) Filing an application with, and paying a fee to, the Division to reissue the certificate of [ownership] title with no designation of a beneficiary or with the designation of a different beneficiary.

6. The interest of the beneficiary in a manufactured home, mobile home or commercial coach on the death of the sole owner or on the death of the last surviving joint owner is subject to any contract of sale, assignment or ownership or security interest to which the owner or owners of the manufactured home, mobile home or commercial coach were subject during their lifetime.

7. Except as otherwise provided in paragraph (b) of subsection 5, the designation of a beneficiary in a certificate of [ownership] title in beneficiary form may not be changed or revoked by will, any other instrument or a change in circumstances, or otherwise changed or revoked.

8. The Division shall, upon:

(a) Proof of death of one of the owners, of two or more joint owners or of a sole owner; and

(b) Payment of the fee for a certificate of [ownership,] title,

Ê issue a new certificate of [ownership] title for the manufactured home, mobile home or commercial coach to the surviving owner or owners or, if none, to the beneficiary, subject to any security interest.

9. For the purposes of complying with the provisions of subsection 8, the Division may rely on a death certificate, record or report that constitutes prima facie evidence of death.

10. The transfer on death of a manufactured home, mobile home or commercial coach pursuant to this section is not considered as testamentary and is not subject to administration pursuant to the provisions of title 12 of NRS.

11. As used in this section:

(a) “Beneficiary” means a person or persons designated to become the owner or owners of a manufactured home, mobile home or commercial coach on the death of the preceding owner or owners.

(b) “Certificate of [ownership] title in beneficiary form” means a certificate of [ownership] title of a manufactured home, mobile home or commercial coach that indicates the present owner or owners of the manufactured home, mobile home or commercial coach and designates a beneficiary.

Sec. 13. NRS 489.571 is hereby amended to read as follows:

489.571 1. Whenever a security interest is created in a manufactured home, mobile home or commercial coach, the certificate of [ownership] title must be delivered to the Division with a statement signed by the debtor showing the date of the security agreement, the names and addresses of the debtor and the secured party.

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ê2023 Statutes of Nevada, Page 34 (CHAPTER 7, SB 40)ê

2. The Division shall issue to the secured party a certificate of [ownership] title with the name and address of the secured party and the name and address of the registered owner noted on it. If the security interest is subsequently acquired by another person, or if there is a change in the name or address of the secured party, the secured party shall apply to the Division for a corrected certificate of [ownership.] title.

3. When the contract or terms of the security agreement have been fully performed, the seller or other secured party who holds the certificate of [ownership] title shall deliver the certificate to the person legally entitled to it with proper evidence of the termination or release of the security interest.

Sec. 14. NRS 489.585 is hereby amended to read as follows:

489.585 The Administrator shall adopt regulations pertaining to:

1. The issuance of a certificate of [ownership] title pursuant to NRS 489.562; and

2. The issuance and revocation of a certificate of [ownership] title in beneficiary form and a change in beneficiary for such a certificate of [ownership] title pursuant to NRS 489.564.

Sec. 15. NRS 489.723 is hereby amended to read as follows:

489.723 1. Any money that a dealer receives from a client or other person concerning the sale or exchange of an interest in a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing must be accounted for by the dealer when:

(a) The sale or exchange of the interest in the manufactured home, mobile home, manufactured building, commercial coach or factory-built housing is executed; or

(b) The contract for the sale or exchange of the interest in the manufactured home, mobile home, manufactured building, commercial coach or factory-built housing is rescinded by the dealer, client or any other person,

Ê whichever occurs earlier.

2. The dealer shall:

(a) Prepare or cause to be prepared a written itemized statement concerning each expenditure or deduction of money made by the dealer;

(b) Deliver or cause to be delivered to each person from whom the dealer received money a copy of the written itemized statement; and

3. Except as otherwise provided in a brokerage agreement or an escrow agreement signed by the parties to a sale or exchange of an interest in a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing and the escrow agent or escrow officer licensed pursuant to the provisions of chapter 645A or 692A of NRS, no money concerning that sale or exchange held by a dealer may be distributed until:

(a) An application for:

(1) A certificate of [ownership] title for the manufactured home, mobile home, manufactured building, commercial coach or factory-built housing; or

(2) A certificate of title [or certificate of ownership] that does not pass immediately upon the sale or transfer of the manufactured home, mobile home, manufactured building, commercial coach or factory-built housing,

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ê2023 Statutes of Nevada, Page 35 (CHAPTER 7, SB 40)ê

Ê has been submitted to the Division [;] in a form prescribed by the Division;

(b) Each person who has a financial interest in the manufactured home, mobile home, manufactured building, commercial coach or factory-built housing has executed a document in a form prescribed by the Division that releases or waives the person’s interest; and

(c) Each party to the sale or exchange has complied with the requirements for the sale or exchange that are set forth in the regulations adopted pursuant to the provisions of this chapter.

Sec. 16. NRS 489.821 is hereby amended to read as follows:

489.821 1. A person is guilty of a gross misdemeanor who knowingly:

(a) Makes any false entry on any certificate of origin or certificate of [ownership.] title.

(b) Furnishes false information to the Division concerning any security interest.

(c) Files with the Administrator any notice, statement or other document required under the provisions of this chapter which is false or contains any material misstatement of fact.

(d) Whether acting individually or as a director, officer or agent of a corporation, violates a provision of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §§ 5401 et seq., this chapter and chapter 461 of NRS, and any regulations adopted pursuant thereto, causing a condition which endangers the health or safety of a purchaser of a manufactured home.

2. A dealer is guilty of a gross misdemeanor who knowingly:

(a) Fails to maintain a trust account as required by NRS 489.724.

(b) Commingles the money or other property of a seller or purchaser of a manufactured home, manufactured building or mobile home or factory-built housing with his or her own.

(c) Fails to cooperate or comply with or knowingly impedes or interferes with any investigation or audit conducted by the Division pursuant to NRS 489.7235.

(d) Acts as a dealer while insolvent or engages in any financial practice which creates a substantial risk of insolvency.

3. Except as otherwise provided in this section, any person who knowingly or willfully violates any provision of this chapter is guilty of a misdemeanor.

4. Subsection 3 does not apply to a manufacturer of travel trailers.

Sec. 17. (Deleted by amendment.)

Sec. 18. NRS 118B.215 is hereby amended to read as follows:

118B.215 1. In addition to the requirements set forth in NRS 319.510, money in the Account may be used to pay necessary administrative costs and to assist eligible persons by supplementing their monthly rent for the manufactured home lot on which their manufactured home is located. Except as otherwise provided in subsection 3, to be eligible for assistance from the Account, a person must:

(a) Except as otherwise provided in this subsection, have been a tenant in the same manufactured home park in this State for at least 1 year immediately preceding his or her application for assistance;

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ê2023 Statutes of Nevada, Page 36 (CHAPTER 7, SB 40)ê

(b) Be the registered owner of the manufactured home which is subject to the tenancy, as indicated on the certificate of [ownership] title that is issued by the Division pursuant to NRS 489.541;

(c) Have a monthly household income, as determined by the Administrator in accordance with subsection 2, which is at or below:

(1) The federally designated level signifying poverty or [$750, whichever is greater, if the person is the sole occupant] thirty percent of the median family income, as prescribed by the HOME Investment Partnerships Act, 42 U.S.C. §§ 12701 et seq., adjusted for household size, which the United States Department of Housing and Urban Development has established for the area of the State in which the manufactured home [;] is located, whichever is greater; or

(2) [The federally designated level signifying poverty or $1,125, whichever is greater, if the person is not the sole occupant of the manufactured home;] A maximum monthly household income that the Administrator has established by regulation pursuant to subsection 5;

(d) Be a tenant in a manufactured home park that is operated for profit and maintain continuous tenancy in that park during the duration of the supplemental assistance; and

(e) Not have assets whose value is more than $12,000, excluding the value of:

(1) The manufactured home which is subject to the tenancy;

(2) The contents of that manufactured home; and

(3) One motor vehicle.

Ê A person who has been a tenant of a manufactured home park in this State for at least 1 year, but has not been a tenant of the manufactured home park in which the tenant resides at the time the tenant applies for assistance for at least 1 year, is eligible for assistance from the Account if the tenant moved to the manufactured home park in which the tenant resides at the time of his or her application because the tenant was unable to pay the rent at the manufactured home park from which the tenant moved or because that park was closed.

2. In determining the monthly household income of an applicant pursuant to subsection 1, the Administrator shall exclude from the calculation:

(a) The value of any food stamps the applicant received pursuant to the Food Stamp Act of 1977, as amended, 7 U.S.C. §§ 2011 et seq., during the year immediately preceding his or her application for assistance; or

(b) If the applicant is receiving coverage pursuant to Medicare Part B, 42 U.S.C. §§ 1395j et seq., the value of the cost of that coverage during the year immediately preceding his or her application for assistance,

Ê whichever is greater.

3. The Administrator may waive the requirements for eligibility set forth in subsection 1 upon the written request of an applicant if the applicant demonstrates to the satisfaction of the Administrator that the circumstances of the applicant warrant a waiver as a result of:

(a) Illness;

(b) Disability; or

(c) Extreme financial hardship based upon a significant reduction of income, when considering the applicant’s current financial circumstances.

Ê An applicant shall include with his or her request for a waiver all medical and financial documents that support his or her request.

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ê2023 Statutes of Nevada, Page 37 (CHAPTER 7, SB 40)ê

4. The Administrator shall adopt regulations establishing:

(a) The annual reporting requirements for persons receiving assistance pursuant to this section. The regulations must require that each such person provide the Division with a written acknowledgment of his or her continued eligibility for assistance.

(b) The maximum amount of assistance which may be distributed to a person to supplement his or her monthly rent pursuant to this section.

5. The Administrator may adopt regulations establishing a maximum monthly household income for a person to be eligible for assistance from the Account pursuant to subparagraph (2) of paragraph (c) of subsection 1.

6. As used in this section:

(a) “Manufactured home” includes a travel trailer that is located on a manufactured home lot within a manufactured home park.

(b) “Monthly household income” means the combined monthly incomes of the occupants of a manufactured home which is subject to the tenancy for which assistance from the Account is requested.

Sec. 19. NRS 278.02095 is hereby amended to read as follows:

278.02095 1. Except as otherwise provided in this section, in an ordinance relating to the zoning of land adopted or amended by a governing body, the definition of “single-family residence” must include a manufactured home.

2. Notwithstanding the provisions of subsection 1, a governing body shall adopt standards for the placement of a manufactured home that will not be affixed to a lot within a mobile home park which require that:

(a) The manufactured home:

(1) Be permanently affixed to a residential lot;

(2) Be manufactured within the 6 years immediately preceding the date on which it is affixed to the residential lot;

(3) Have exterior siding and roofing which is similar in color, material and appearance to the exterior siding and roofing primarily used on other single-family residential dwellings in the immediate vicinity of the manufactured home, as established by the governing body;

(4) Consist of [more than] one [section;] or more sections; and

(5) Consist of at least [1,200] 400 square feet of living area unless the governing body, by administrative variance or other expedited procedure established by the governing body, approves a lesser amount of square footage based on the size or configuration of the lot or the square footage of single-family residential dwellings in the immediate vicinity of the manufactured home; and

(b) If the manufactured home has an elevated foundation, the foundation is masked architecturally in a manner determined by the governing body.

Ê The governing body of a local government in a county whose population is less than 45,000 may adopt standards that are less restrictive than the standards set forth in this subsection.

3. Standards adopted by a governing body pursuant to subsection 2 must be objective and documented clearly and must not be adopted to discourage or impede the construction or provision of affordable housing, including, without limitation, the use of manufactured homes for affordable housing.

4. Before a building department issues a permit to place a manufactured home on a lot pursuant to this section, other than a new manufactured home, the owner must surrender the certificate of [ownership] title to the Housing Division of the Department of Business and Industry.

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ê2023 Statutes of Nevada, Page 38 (CHAPTER 7, SB 40)ê

the owner must surrender the certificate of [ownership] title to the Housing Division of the Department of Business and Industry. The Division shall provide proof of such a surrender to the owner who must submit that proof to the building department.

5. The provisions of this section do not abrogate a recorded restrictive covenant prohibiting manufactured homes, nor do the provisions apply within the boundaries of a historic district established pursuant to NRS 384.005 or 384.100. An application to place a manufactured home on a residential lot pursuant to this section constitutes an attestation by the owner of the lot that the placement complies with all covenants, conditions and restrictions placed on the lot and that the lot is not located within a historic district.

6. As used in this section:

(a) “Manufactured home” has the meaning ascribed to it in NRS 489.113.

(b) “New manufactured home” has the meaning ascribed to it in NRS 489.125.

Sec. 20. NRS 319.169 is hereby amended to read as follows:

319.169 1. The Account for Housing Inspection and Compliance is hereby created in the State General Fund.

2. The Account must be administered by the Division. Except as otherwise provided in NRS 118B.213 and 489.265, all money received by the Division pursuant to NRS 118B.185 or any other source must be deposited into 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. Claims against the Account must be paid as other claims against the State are paid.

5. The Administrator shall adopt regulations setting forth the use of the money in the Account, including, without limitation:

(a) Licensing, regulating and inspecting:

(1) Housing for persons of low-income that is financed pursuant to this chapter; and

(2) Manufactured homes, mobile homes, manufactured buildings, commercial coaches, factory-built housing or manufactured home parks pursuant to chapters 118B, 461, 461A and 489 of NRS;

(b) Licensing, regulating and inspecting manufacturers, general servicepersons, dealers, responsible managing employees, salespersons, distributors and specialty servicepersons pursuant to chapter 489 of NRS;

(c) Maintaining title records, and issuing certificates of [ownership,] title, property liens and conversions to real property of a mobile home or manufactured home;

(d) Investigating complaints, including, without limitation, complaints:

(1) Between a landlord and a tenant of a mobile home park; and

(2) Alleging unlicensed activity; and

(e) Administering any educational and training program for a provider of manufactured housing.

6. As used in this section:

(a) “Commercial coach” has the meaning ascribed to it in NRS 489.062.

(b) “Dealer” has the meaning ascribed to it in NRS 489.076.

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ê2023 Statutes of Nevada, Page 39 (CHAPTER 7, SB 40)ê

(d) “Factory-built housing” has the meaning ascribed to it in NRS 461.080.

(e) “General serviceperson” has the meaning ascribed to it in NRS 489.102.

(f) “Manufactured building” has the meaning ascribed to it in NRS 461.132.

(g) “Manufactured home” has the meaning ascribed to it in NRS 489.113.

(h) “Manufactured home lot” has the meaning ascribed to it in NRS 118B.016.

(i) “Manufactured home park” has the meaning ascribed to it in NRS 118B.017.

(j) “Manufacturer” has the meaning ascribed to it in NRS 489.115.

(k) “Mobile home” has the meaning ascribed to it in NRS 489.120.

(l) “Mobile home park” has the meaning ascribed to “manufactured home park” in NRS 118B.017.

(m) “Responsible managing employee” has the meaning ascribed to it in NRS 489.1353.

(n) “Salesperson” has the meaning ascribed to it in NRS 489.137.

(o) “Specialty serviceperson” has the meaning ascribed to it in NRS 489.147.

Sec. 21. NRS 361.2445 is hereby amended to read as follows:

361.2445 1. A mobile or manufactured home which has been converted to real property pursuant to NRS 361.244 may not be removed from the real property to which it is affixed unless, at least 30 days before removing the mobile or manufactured home:

(a) The owner:

(1) Files with the Division an affidavit stating that the sole purpose for converting the mobile or manufactured home from real to personal property is to effect a transfer of the title to the mobile or manufactured home;

(2) Files with the Division the affidavit of consent to the removal of the mobile or manufactured home of each person who holds any legal interest in the real property to which the mobile or manufactured home is affixed; and

(3) Gives written notice to the county assessor of the county in which the real property is situated; and

(b) The county tax receiver certifies in writing that all taxes for the fiscal year on the mobile or manufactured home and the real property to which the mobile or manufactured home is affixed have been paid.

2. The county assessor shall not remove a mobile or manufactured home from the tax rolls until:

(a) The county assessor has received verification that there is no security interest in the mobile or manufactured home or the holders of security interests have agreed in writing to the conversion of the mobile or manufactured home to personal property; and

(b) An affidavit of conversion of the mobile or manufactured home from real to personal property has been recorded in the county recorder’s office of the county in which the real property to which the mobile or manufactured home was affixed is situated.

3. A mobile or manufactured home which is physically removed from real property pursuant to this section shall be deemed to be personal property immediately upon its removal.

4. The Department shall adopt:

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ê2023 Statutes of Nevada, Page 40 (CHAPTER 7, SB 40)ê

(a) Such regulations as are necessary to carry out the provisions of this section; and

(b) A standard form for the affidavits required by this section.

5. Before the owner of a mobile or manufactured home that has been converted to personal property pursuant to this section may transfer ownership of the mobile or manufactured home, he or she must obtain a certificate of [ownership] title from the Division.

6. For the purposes of this section, the removal of a mobile or manufactured home from real property includes the detachment of the mobile or manufactured home from its foundation, other than temporarily for the purpose of making repairs or improvements to the mobile or manufactured home or the foundation.

7. An owner who physically removes a mobile or manufactured home from real property in violation of this section is liable for all legal costs and fees, plus the actual expenses, incurred by a person who holds any interest in the real property to restore the real property to its former condition. Any judgment obtained pursuant to this section may be recorded as a lien upon the mobile or manufactured home so removed.

8. As used in this section:

(a) “Division” means the Housing Division of the Department of Business and Industry.

(b) “Owner” means any person who holds an interest in the mobile or manufactured home or the real property to which the mobile or manufactured home is affixed evidenced by a conveyance or other instrument which transfers that interest to him or her and is recorded in the office of the county recorder of the county in which the mobile or manufactured home and real property are situated, but does not include the owner or holder of a right-of-way, easement or subsurface property right appurtenant to the real property.

Sec. 22. NRS 372.383 is hereby amended to read as follows:

372.383 1. If a certificate of [ownership] title has been issued for a used manufactured home or used mobile home by the Department of Motor Vehicles or the Housing Division of the Department of Business and Industry, it is presumed that the taxes imposed by this chapter have been paid with respect to that manufactured home or mobile home.

2. As used in this section, “manufactured home” and “mobile home” have the meanings ascribed to them in NRS 372.316.

Sec. 23. NRS 374.388 is hereby amended to read as follows:

374.388 1. If a certificate of [ownership] title has been issued for a used manufactured home or used mobile home by the Department of Motor Vehicles or the Housing Division of the Department of Business and Industry, it is presumed that the taxes imposed by this chapter have been paid with respect to that manufactured home or mobile home.

2. As used in this section, “manufactured home” and “mobile home” have the meanings ascribed to them in NRS 374.321.

Sec. 24. Notwithstanding the amendatory provisions of this act, any valid certificate of ownership for a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing that was issued by the Housing Division of the Department of Business and Industry before July 1, 2023, shall be deemed to be a certificate of title issued by the Housing Division of the Department of Business and Industry.

Sec. 25. The Legislative Counsel shall:

1. In preparing the Nevada Revised Statutes, make such changes as necessary so that references to a “certificate of ownership” issued by the Housing Division of the Department of Business and Industry are changed to a “certificate of title” issued by the Housing Division of the Department of Business and Industry; and

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ê2023 Statutes of Nevada, Page 41 (CHAPTER 7, SB 40)ê

Housing Division of the Department of Business and Industry are changed to a “certificate of title” issued by the Housing Division of the Department of Business and Industry; and

2. In preparing supplements to the Nevada Administrative Code, make such changes as necessary so that references to a “certificate of ownership” issued by the Housing Division of the Department of Business and Industry are changed to a “certificate of title” issued by the Housing Division of the Department of Business and Industry.

Sec. 26. NRS 489.551 is hereby repealed.

Sec. 27. 1. This section and section 26 of this act become effective upon passage and approval.

2. Sections 1 to 25, inclusive, of this act become effective:

(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

(b) On July 1, 2023, for all other purposes.

________

CHAPTER 8, SB 50

Senate Bill No. 50–Committee on Revenue and Economic Development

CHAPTER 8

[Approved: May 17, 2023]

AN ACT relating to taxation; revising provisions governing the sales tax holiday occurring over the day on which Nevada Day is observed and the immediately following weekend for certain members of the National Guard and certain relatives of such members; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law provides an exemption from sales and use taxes on purchases of tangible personal property by members of the Nevada National Guard who are on active status and who are residents of this State and certain relatives of such members of the Nevada National Guard if the purchase occurs on the date on which Nevada Day is observed or the immediately following Saturday or Sunday. (NRS 372.7281, 374.7285) To claim this exemption from the tax on the purchase of tangible person property, existing law requires a person who is eligible for the exemption to obtain a letter of exemption from the Department of Taxation and to provide a copy of the letter to the retailer from whom the person purchases tangible person property. (NRS 372.7282, 374.7286)

This bill revises the manner in which a member of the Nevada National Guard or a relative of a member of the Nevada National Guard claims this exemption. This bill removes the requirement that to claim the exemption, the person must provide a copy of the letter of exemption to the retailer. Instead, this bill requires: (1) a retailer to collect the tax on the purchase of tangible personal property that qualifies for the exemption under existing law; and (2) the person who claims the exemption to submit to the Department a request for a refund of the tax, a copy of the letter of exemption issued to the person and the receipt issued to the person by the retailer indicating that the person paid the tax. Under this bill, the Department is required to issue a refund of the tax to a person who submits the required information.

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ê2023 Statutes of Nevada, Page 42 (CHAPTER 8, SB 50)ê

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 372.7282 is hereby amended to read as follows:

372.7282 1. A person who wishes to claim an exemption pursuant to NRS 372.7281 must file an application with the Department to obtain a letter of exemption. The application must be on a form and contain such information as is required by the Department. A person who wishes to claim an exemption pursuant to subsection 4 or 5 of NRS 372.7281 must file the application not later than 30 days before the date on which Nevada Day is observed pursuant to NRS 236.015, unless a different deadline is specified by the Department by regulation, provided that any deadline established by the Department must not be earlier than 45 days before the date on which Nevada Day is observed.

2. If the Department determines that a person is eligible for the exemption provided pursuant to NRS 372.7281, the Department shall issue a letter of exemption to the person. A letter of exemption issued to a member of the Nevada National Guard described in subsection 1 of NRS 372.7281 or a relative of a member described in subsection 2 of NRS 372.7281 expires 30 days after the member of the Nevada National Guard returns to the United States. A letter of exemption issued to a relative of a deceased member of the Nevada National Guard described in subsection 3 of NRS 372.7281 expires on the date 3 years after the date of the death of the member. A letter of exemption issued to a member of the Nevada National Guard described in subsection 4 of NRS 372.7281 or a relative of a member described in subsection 5 of NRS 372.7281 expires on December 31 of the year it is issued but may be renewed. A retailer who makes a retail sale of tangible personal property to a member of the Nevada National Guard described in subsection 4 of NRS 372.7281 or a relative of a member described in subsection 5 of NRS 372.7281 shall collect the tax imposed by this chapter.

3. To claim an exemption pursuant to subsection 1, 2 or 3 of NRS 372.7281 for the sale of tangible personal property to such a person:

(a) The person must provide a copy of the letter of exemption to the retailer from whom the person purchases the property; and

(b) The retailer must retain and present upon request a copy of the letter of exemption to the Department.

4. To claim an exemption pursuant to subsection 4 or 5 of NRS 372.7281, as applicable, for the sale of tangible personal property to such a person, not later than 30 calendar days after the date of the sale, the person must submit to the Department:

(a) A request for a refund of the tax paid by the person upon a sale of tangible personal property that was exempt from tax pursuant to subsection 4 or 5 of NRS 372.7281, as applicable;

(b) A copy of the letter of exemption issued to the person; and

(c) A copy of the receipt which was provided to the person by the retailer from whom the person purchased the property and which indicates that the person to whom the letter of exemption was issued paid tax upon a sale of tangible personal property that was exempt from tax pursuant to subsection 4 or 5 of NRS 372.7281, as applicable.

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ê2023 Statutes of Nevada, Page 43 (CHAPTER 8, SB 50)ê

Ê The Department shall issue a refund to a person who submits the information required by this subsection within the period established by this subsection.

5. The Department shall adopt such regulations as are necessary to carry out the provisions of this section.

Sec. 2. NRS 374.7286 is hereby amended to read as follows:

374.7286 1. A person who wishes to claim an exemption pursuant to NRS 374.7285 must file an application with the Department to obtain a letter of exemption. The application must be on a form and contain such information as is required by the Department. A person who wishes to claim an exemption pursuant to subsection 4 or 5 of NRS 374.7285 must file the application not later than 30 days before the date on which Nevada Day is observed pursuant to NRS 236.015, unless a different deadline is specified by the Department by regulation, provided that any deadline established by the Department must not be earlier than 45 days before the date on which Nevada Day is observed.

2. If the Department determines that a person is eligible for the exemption provided pursuant to NRS 374.7285, the Department shall issue a letter of exemption to the person. A letter of exemption issued to a member of the Nevada National Guard described in subsection 1 of NRS 374.7285 or a relative of a member described in subsection 2 of NRS 374.7285 expires 30 days after the member of the Nevada National Guard returns to the United States. A letter of exemption issued to a relative of a deceased member of the Nevada National Guard described in subsection 3 of NRS 374.7285 expires on the date 3 years after the date of the death of the member. A letter of exemption issued to a member of the Nevada National Guard described in subsection 4 of NRS 374.7285 or a relative of a member described in subsection 5 of NRS 374.7285 expires on December 31 of the year it is issued but may be renewed. A retailer who makes a retail sale of tangible personal property to a member of the Nevada National Guard described in subsection 4 of NRS 374.7285 or a relative of a member described in subsection 5 of NRS 374.7285 shall collect the tax imposed by this chapter.

3. To claim an exemption pursuant to subsection 1, 2 or 3 of NRS 374.7285, for the sale of tangible personal property to such a person:

(a) The person must provide a copy of the letter of exemption to the retailer from whom the person purchases the property; and

(b) The retailer must retain and present upon request a copy of the letter of exemption to the Department.

4. To claim an exemption pursuant to subsection 4 or 5 of NRS 374.7285, as applicable, for the sale of tangible personal property to such a person, not later than 30 calendar days after the date of the sale, the person must submit to the Department:

(a) A request for a refund of the tax paid by the person upon a sale of tangible personal property that was exempt from tax pursuant to subsection 4 or 5 of NRS 374.7285, as applicable;

(b) A copy of the letter of exemption issued to the person; and

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ê2023 Statutes of Nevada, Page 44 (CHAPTER 8, SB 50)ê

Ê The Department shall issue a refund to a person who submits the information required by this subsection within the period established by this subsection.

5. The Department shall adopt such regulations as are necessary to carry out the provisions of this section.

Sec. 3. This act becomes effective on July 1, 2023.

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CHAPTER 9, SB 441

Senate Bill No. 441–Senator Dondero Loop

CHAPTER 9

[Approved: May 17, 2023]

AN ACT relating to public health; eliminating the requirement for the Director of the Department of Health and Human Services or certain district boards of health to adopt regulations requiring certain protocols and plans concerning the prevention of and response to SARS-CoV-2; eliminating the requirement for an inspection of public accommodation facilities for compliance with such requirements; prospectively eliminating a limitation on the civil liability of certain businesses conducted for profit, governmental entities and private nonprofit organizations for personal injury or death resulting from exposure to COVID-19; prospectively removing the authority of the Secretary of State to suspend the state business license of a person who does not comply with certain health standards related to COVID-19; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Senate Bill No. 4 of the 32nd Special Session of the Nevada Legislature (S.B. 4), in general, requires the Director of the Department of Health and Human Services and district boards of health in a county whose population is 100,000 or more (currently Clark and Washoe Counties) to adopt by regulation requirements to reduce and prevent the transmission of SARS-CoV-2 in public accommodation facilities in those counties and provided for the enforcement of these regulations. (Sections 3-15 of chapter 8, Statutes of Nevada 2020, 32nd Special Session, at page 95; NRS 447.300-447.355) Under S.B. 4, these regulations apply only during the duration of a declaration of a public health emergency due to SARS-CoV-2 or during certain other periods in which conditions concerning the prevalence of SARS-CoV-2 exist. (NRS 447.325)

S.B. 4 further provides that certain businesses conducted for profit, governmental entities and private nonprofit organizations are immune from civil liability for personal injury or death resulting from exposure to COVID-19 if the business, governmental entity or private nonprofit organization substantially complies with controlling health standards. (Section 29 of chapter 8, Statutes of Nevada 2020, 32nd Special Session, at page 107; NRS 41.835) Under existing law, these provisions apply only to any cause of action or claim that accrues before, on or after August 7, 2020, and before the later of: (1) the date on which the Governor terminates the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020; or (2) July 1, 2023. (Section 34 of chapter 8, Statutes of Nevada 2020, 32nd Special Session, at page 114) The Governor terminated the emergency described in the Declaration of Emergency for COVID-19 effective on May 20, 2022, and, thus, these provisions expire on July 1, 2023.

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ê2023 Statutes of Nevada, Page 45 (CHAPTER 9, SB 441)ê

S.B. 4 authorizes the Secretary of State to suspend the state business license of a person holding a state business license who does not comply with controlling health standards related to COVID-19. (Section 30 of chapter 8, Statutes of Nevada 2020, 32nd Special Session, at page 108; NRS 76.172)

This bill repeals the provisions of S.B. 4, effective upon passage and approval of this bill. Section 13 of this bill declares void any regulations adopted by the Director of the Department of Health and Human Services or a district board of health pursuant to S.B. 4. Section 14 of this bill provides that the repeal of the provisions of S.B. 4 do not apply to a cause of action or claim arising from a personal injury or death accruing before the effective date of this bill or prevent the suspension of a state business license for a violation of controlling health standards that occurred before the effective date of this bill. Section 14 further clarifies that notwithstanding the provisions of S.B. 4 that provide that the limitations on civil liability set forth in NRS 41.810 to 41.835, inclusive, apply to any cause of action or claim arising from a personal injury or death that accrues before July 1, 2023, these limitations on civil liability do not apply to any cause of action or claim arising from an injury or death that accrues on or after the effective of this act and before July 1, 2023.

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 439.366 is hereby amended to read as follows:

439.366 1. The district board of health has the powers, duties and authority of a county board of health in the health district.

2. The district health department has jurisdiction over all public health matters in the health district.

3. [The district health department:

(a) Shall, upon the request of the Nevada Gaming Control Board, advise and make recommendations to the Board on public health matters related to an establishment that possesses a nonrestricted gaming license as described in NRS 463.0177 or a restricted gaming license as described in NRS 463.0189 in the health district.

(b) May, upon the request of the Nevada Gaming Control Board, enforce regulations adopted by the Board concerning matters of public health against an establishment that possesses a nonrestricted gaming license as described in NRS 463.0177 or a restricted gaming license as described in NRS 463.0189 in the health district.

4.] In addition to any other powers, duties and authority conferred on a district board of health by this section, the district board of health may by affirmative vote of a majority of all the members of the board adopt regulations consistent with law, which must take effect immediately on their approval by the State Board of Health, to:

(a) Prevent and control nuisances;

(b) Regulate sanitation and sanitary practices in the interests of the public health;

(d) Protect and promote the public health generally in the geographical area subject to the jurisdiction of the health district; and

(e) Improve the quality of health care services for members of minority groups and medically underserved populations.

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ê2023 Statutes of Nevada, Page 46 (CHAPTER 9, SB 441)ê

[5.] 4. Before the adoption, amendment or repeal of a regulation, the district board of health must give at least 30 days’ notice of its intended action. The notice must:

(a) Include a statement of either the terms or substance of the proposal or a description of the subjects and issues involved, and of the time when, the place where and the manner in which interested persons may present their views thereon;

(b) State each address at which the text of the proposal may be inspected and copied; and

(c) Be mailed to all persons who have requested in writing that they be placed on a mailing list, which must be kept by the board for such purpose.

[6.] 5. All interested persons must be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing, on the intended action to adopt, amend or repeal the regulation. With respect to substantive regulations, the district board of health shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposal and requests an oral hearing, the district board of health may proceed immediately to act upon any written submissions. The district board of health shall consider fully all written and oral submissions respecting the proposal.

[7.] 6. The district board of health shall file a copy of all of its adopted regulations with the county clerk.

Sec. 2. NRS 439.410 is hereby amended to read as follows:

439.410 1. The district board of health has the powers, duties and authority of a county board of health in the health district.

2. The district health department has jurisdiction over all public health matters in the health district, except in matters concerning emergency medical services pursuant to the provisions of chapter 450B of NRS.

3. [The district health department in a county whose population is 100,000 or more but less than 700,000:

(a) Prevent and control nuisances;

(b) Regulate sanitation and sanitary practices in the interests of the public health;

(d) Protect and promote the public health generally in the geographical area subject to the jurisdiction of the health district.

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[5.] 4. Before the adoption, amendment or repeal of a regulation, the district board of health must give at least 30 days’ notice of its intended action. The notice must:

(b) State each address at which the text of the proposal may be inspected and copied.

(c) Be mailed to all persons who have requested in writing that they be placed on a mailing list, which must be kept by the district board for such purpose.

[6.] 5. All interested persons must be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing, on the intended action to adopt, amend or repeal the regulation. With respect to substantive regulations, the district board shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposal and requests an oral hearing, the district board may proceed immediately to act upon any written submissions. The district board shall consider fully all written and oral submissions respecting the proposal.

[7.] 6. Each district board of health shall file a copy of all of its adopted regulations with the county clerk of each county in which it has jurisdiction.

Sec. 3. NRS 447.003 is hereby amended to read as follows:

447.003 As used in [NRS 447.003 to 447.210, inclusive,] this chapter, unless the context otherwise requires, the words and terms defined in NRS 447.007 and 447.010 have the meanings ascribed to them in those sections.

Sec. 4. NRS 447.020 is hereby amended to read as follows:

447.020 1. All bedding, bedclothes or bed covering, including mattresses, quilts, blankets, sheets, pillows or comforters, used in any hotel in this state must be kept clean and free from all filth or dirt.

2. No bedding, bedclothes or bed covering, including mattresses, quilts, blankets, sheets, pillows or comforters, shall be used which is worn out or unsanitary for use by human beings according to the true intent and meaning of [NRS 447.003 to 447.210, inclusive.] this chapter.

Sec. 5. NRS 447.050 is hereby amended to read as follows:

447.050 It is unlawful for any person to use, or to permit another person to use, any of the following portions of a hotel for living or sleeping purposes:

1. Any kitchen, cellar, hallway, water closet, bath, shower compartment, or slop-sink room.

2. Any other room or place which does not comply with the provisions of [NRS 447.003 to 447.210, inclusive,] this chapter, or in which, in the judgment of the health authority, living or sleeping is dangerous or prejudicial to life or health by reason of an overcrowded condition, a want of light, windows, ventilation or drainage, dampness, or offensive or obnoxious odors or poisonous gases in the room or place, or a lack of exits as required by the Uniform Building Code in the form most recently adopted before January 1, 1985, by the International Conference of Building Officials.

Sec. 6. NRS 447.150 is hereby amended to read as follows:

447.150 1. The health authority may exempt any hotel built prior to October 1, 1945, from having the number of water closets, bathtubs or showers required by [NRS 447.003 to 447.210, inclusive,] this chapter for the following reason: The exemption will not result in detriment to the health of the occupants or to the sanitation of the building.

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ê2023 Statutes of Nevada, Page 48 (CHAPTER 9, SB 441)ê

showers required by [NRS 447.003 to 447.210, inclusive,] this chapter for the following reason: The exemption will not result in detriment to the health of the occupants or to the sanitation of the building.

2. The health authority has no authority under this section to exempt any hotel or portion of a hotel built after October 1, 1945, from having the number of water closets, bathtubs or showers required by [NRS 447.003 to 447.210, inclusive.] this chapter.

Sec. 7. NRS 447.190 is hereby amended to read as follows:

447.190 The health authority is charged with the enforcement of [NRS 447.003 to 447.210, inclusive.] this chapter. The health authority shall keep a record of hotels inspected, and the record or any part thereof may, in the discretion of the health authority, be included in the biennial report to the Director of the Department of Health and Human Services.

Sec. 8. NRS 447.200 is hereby amended to read as follows:

447.200 The health authority shall have access at any time to any hotel in this State for the purpose of making inspections and carrying out the provisions of [NRS 447.003 to 447.210, inclusive.] this chapter.

Sec. 9. NRS 447.210 is hereby amended to read as follows:

447.210 1. Every proprietor, owner, manager, lessee or other person in charge of any hotel in this state who fails to comply with the provisions of [NRS 447.003 to 447.200, inclusive,] this chapter or any of the provisions of the regulations hereby established whether through the acts of himself or herself, his or her agent or employees is guilty of a misdemeanor.

2. Every day that any hotel is in violation of any of the provisions of [NRS 447.003 to 447.200, inclusive,] this chapter constitutes a separate offense.

Sec. 10. NRS 233B.039 is hereby amended to read as follows:

233B.039 1. The following agencies are entirely exempted from the requirements of this chapter:

(a) The Governor.

(b) Except as otherwise provided in NRS 209.221 and 209.2473, the Department of Corrections.

(d) The Office of the Military.

(e) The Nevada Gaming Control Board.

(f) Except as otherwise provided in NRS 368A.140 and 463.765, the Nevada Gaming Commission.

(g) Except as otherwise provided in NRS 425.620, the Division of Welfare and Supportive Services of the Department of Health and Human Services.

(h) Except as otherwise provided in NRS 422.390, the Division of Health Care Financing and Policy of the Department of Health and Human Services.

(i) Except as otherwise provided in NRS 533.365, the Office of the State Engineer.

(j) The Division of Industrial Relations of the Department of Business and Industry acting to enforce the provisions of NRS 618.375.

(k) The Administrator of the Division of Industrial Relations of the Department of Business and Industry in establishing and adjusting the schedule of fees and charges for accident benefits pursuant to subsection 2 of NRS 616C.260.

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ê2023 Statutes of Nevada, Page 49 (CHAPTER 9, SB 441)ê

(l) The Board to Review Claims in adopting resolutions to carry out its duties pursuant to NRS 445C.310.

(m) The Silver State Health Insurance Exchange.

(n) The Cannabis Compliance Board.

2. Except as otherwise provided in subsection 5 and NRS 391.323, the Department of Education, the Board of the Public Employees’ Benefits Program and the Commission on Professional Standards in Education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

3. The special provisions of:

(a) Chapter 612 of NRS for the adoption of an emergency regulation or the distribution of regulations by and the judicial review of decisions of the Employment Security Division of the Department of Employment, Training and Rehabilitation;

(b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;

(c) Chapter 91 of NRS for the judicial review of decisions of the Administrator of the Securities Division of the Office of the Secretary of State; and

(d) NRS 90.800 for the use of summary orders in contested cases,

Ê prevail over the general provisions of this chapter.

4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the Department of Health and Human Services in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.

5. The provisions of this chapter do not apply to:

(a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the State Board of Agriculture, the State Board of Health, or any other agency of this State in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control;

(b) An extraordinary regulation of the State Board of Pharmacy adopted pursuant to NRS 453.2184;

(d) The judicial review of decisions of the Public Utilities Commission of Nevada;

(e) The adoption, amendment or repeal of policies by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation pursuant to NRS 426.561 or 615.178;

(f) The adoption or amendment of a rule or regulation to be included in the State Plan for Services for Victims of Crime by the Department of Health and Human Services pursuant to NRS 217.130;

(g) The adoption, amendment or repeal of rules governing the conduct of contests and exhibitions of unarmed combat by the Nevada Athletic Commission pursuant to NRS 467.075;

(h) [The adoption, amendment or repeal of regulations by the Director of the Department of Health and Human Services pursuant to NRS 447.335 to 447.350, inclusive;

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ê2023 Statutes of Nevada, Page 50 (CHAPTER 9, SB 441)ê

(i)] The adoption, amendment or repeal of standards of content and performance for courses of study in public schools by the Council to Establish Academic Standards for Public Schools and the State Board of Education pursuant to NRS 389.520;

[(j)] (i) The adoption, amendment or repeal of the statewide plan to allocate money from the Fund for a Resilient Nevada created by NRS 433.732 established by the Department of Health and Human Services pursuant to paragraph (b) of subsection 1 of NRS 433.734; or

[(k)] (j) The adoption or amendment of a data request by the Commissioner of Insurance pursuant to NRS 687B.404.

6. The State Board of Parole Commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

Sec. 11. NRS 239.010 is hereby amended to read as follows:

239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.

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ê2023 Statutes of Nevada, Page 51 (CHAPTER 9, SB 441)ê

422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, [447.345,] 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

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ê2023 Statutes of Nevada, Page 52 (CHAPTER 9, SB 441)ê

2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.

4. If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium. Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:

(a) The public record:

(1) Was not created or prepared in an electronic format; and

(2) Is not available in an electronic format; or

(b) Providing the public record in an electronic format or by means of an electronic medium would:

(1) Give access to proprietary software; or

(2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.

5. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:

(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.

(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.

Sec. 12. 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 applicant’s or natural person’s criminal record, antecedents and background which have been furnished to or obtained by the Board or Commission from any source;

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ê2023 Statutes of Nevada, Page 53 (CHAPTER 9, SB 441)ê

(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 relating to:

(1) The manufacturing of gaming devices; and

(2) Any other technology regulated by the Board; or

(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,

Ê 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. 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.

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ê2023 Statutes of Nevada, Page 54 (CHAPTER 9, SB 441)ê

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 applicant’s or licensee’s compliance with statutory or regulatory requirements.

Sec. 13. Any regulations adopted by the Director of the Department of Health and Human Services or a district board of health pursuant to NRS 447.300 to 447.355, inclusive, as those sections existed before the effective date of this act, are void.

Sec. 14. 1. This act does not apply to:

(a) A cause of action or claim described in NRS 41.810 to 41.835, inclusive, as those sections existed before the effective date of this act, arising from a personal injury or death accruing before the effective date of this act; or

(b) An act for which a state business license may be suspended pursuant to NRS 76.172, as that section existed before the effective date of this act, that occurred before the effective date of this act.

2. Notwithstanding the provisions of section 34 of chapter 8, Statutes of Nevada 2020, 32nd Special Session, at page 114, the provisions of NRS 41.810 to 41.835, inclusive, as those sections existed before the effective date of this act, do not apply to any cause of action or claim arising from an injury or death that accrues on or after the effective date of this act and before July 1, 2023.

Sec. 15. NRS 41.810, 41.815, 41.820, 41.825, 41.830, 41.835, 76.172, 447.300, 447.305, 447.310, 447.315, 447.320, 447.325, 447.330, 447.335, 447.340, 447.345, 447.350 and 447.355 are hereby repealed.

Sec. 16. This act becomes effective upon passage and approval.

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ê2023 Statutes of Nevada, Page 55ê

CHAPTER 10, AB 2

Assembly Bill No. 2–Committee on Growth and Infrastructure

CHAPTER 10

[Approved: May 22, 2023]

AN ACT relating to public safety; authorizing certain vehicles used by a local governmental agency, or owned or operated by a contractor thereof, to be equipped with and use tail lamps that emit nonflashing blue light under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes: (1) a vehicle used by the Department of Transportation for the construction, maintenance or repair of highways or a vehicle owned by a person who contracts with the Department to aid motorists or mitigate traffic incidents to be equipped with lamps located toward the rear of the vehicle that emit nonflashing blue light; and (2) the use of such blue tail lamps under certain circumstances. (NRS 484D.200) Section 2 of this bill authorizes: (1) a vehicle used by a local governmental agency for the construction, maintenance or repair of highways, or a vehicle owned or operated by a person who contracts with a local governmental agency to aid motorists or mitigate traffic incidents, to also be equipped with lamps located toward the rear of the vehicle that emit nonflashing blue light; and (2) the use of such blue tail lamps under certain circumstances.

Existing law requires the driver of a vehicle to take certain precautions when approaching any traffic incident, including, without limitation, when approaching certain vehicles used by the Department or a person who contracts with the Department that are making use of their blue tail lamps. (NRS 484B.607) Section 1 of this bill requires the driver of a vehicle to also take the same precautions when approaching certain vehicles used by a local governmental agency or a person who contracts with a local governmental agency that are making use of their blue tail lamps.

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 484B.607 is hereby amended to read as follows:

484B.607 1. Upon approaching any traffic incident, the driver of the approaching vehicle shall, in the absence of other direction given by a law enforcement officer:

(a) Decrease the speed of the vehicle to a speed that is reasonable and proper, pursuant to the criteria set forth in subsection 1 of NRS 484B.600;

(b) Proceed with caution;

(d) If possible, drive in a lane that is not adjacent to the lane or lanes where the traffic incident is located unless roadway, traffic, weather or other conditions make doing so unsafe or impossible.

2. A person who violates subsection 1 is guilty of a misdemeanor.

3. As used in this section, “traffic incident” means any vehicle, person, condition or other traffic hazard which is located on or near a roadway and which poses a danger to the flow of traffic or to a person involved in, responding to or assisting with the traffic hazard.

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ê2023 Statutes of Nevada, Page 56 (CHAPTER 10, AB 2)ê

which poses a danger to the flow of traffic or to a person involved in, responding to or assisting with the traffic hazard. The term includes, without limitation:

(a) An authorized emergency vehicle which is stopped and is making use of flashing lights meeting the requirements of subsection 3 of NRS 484A.480;

(b) A tow car which is stopped and is making use of flashing amber warning lights meeting the requirements of NRS 484B.748 or lamps that emit nonflashing blue light meeting the requirements of NRS 484D.475, or both;

(c) An authorized vehicle used by the Department of Transportation which is stopped or moving at a speed slower than the normal flow of traffic and which is making use of flashing amber warning lights meeting the requirements of subsection 1 of NRS 484D.185 or lamps that emit nonflashing blue light meeting the requirements of NRS 484D.200;

(d) A vehicle, owned or operated by a person who contracts with the Department of Transportation to provide aid to motorists or to mitigate traffic incidents, which is stopped or moving at a speed slower than the normal flow of traffic and making use of lamps that emit nonflashing blue light meeting the requirements of NRS 484D.200;

(e) A public utility vehicle which is stopped or moving at a speed slower than the normal flow of traffic and is making use of flashing amber warning lights meeting the requirements of NRS 484D.195;

(f) An authorized vehicle of a local governmental agency which is stopped or moving at a speed slower than the normal flow of traffic and is making use of flashing amber warning lights meeting the requirements of NRS 484D.185 [;] or lamps that emit nonflashing blue light meeting the requirements of NRS 484D.200;

(g) A vehicle, owned or operated by a person who contracts with a local governmental agency to provide aid to motorists or to mitigate traffic incidents, which is stopped or moving at a speed slower than the normal flow of traffic and making use of lamps that emit nonflashing blue light meeting the requirements of NRS 484D.200;

(h) Any vehicle which is stopped or moving at a speed slower than the normal flow of traffic and is making use of flashing amber warning lights meeting the requirements of NRS 484D.185;

[(h)] (i) A crash scene;

[(i)] (j) A stalled vehicle;

[(j)] (k) Debris on the roadway; or

[(k)] (l) A person who is out of his or her vehicle attending to a repair of the vehicle.

Sec. 2. NRS 484D.200 is hereby amended to read as follows:

484D.200 1. An authorized vehicle used by the Department of Transportation or a local governmental agency for the construction, maintenance or repair of highways , or a vehicle owned or operated by a person who contracts with the Department or a local governmental agency to aid motorists or mitigate traffic incidents , may be equipped with lamps located toward the rear of the vehicle that emit nonflashing blue light . [which] The nonflashing blue light may be used:

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ê2023 Statutes of Nevada, Page 57 (CHAPTER 10, AB 2)ê

(a) For vehicles that perform construction, maintenance or repair of highways, including, without limitation, vehicles used for the removal of snow, when the vehicle is engaged in such construction, maintenance or repair;

(b) For other authorized vehicles of the Department of Transportation or a local governmental agency used in the construction, maintenance or repair of highways:

(1) In an area designated as a temporary traffic control zone in which construction, maintenance or repair of a highway is conducted; and

(2) At a time when the workers who are performing the construction, maintenance or repair of the highway are present; and

(c) For a vehicle owned or operated by a person who contracts with the Department of Transportation or a local governmental agency to aid motorists or mitigate traffic incidents, at a time when the vehicles or the workers who are performing the aid or mitigation are present.

2. As used in this section, “traffic incident” has the meaning ascribed to it in NRS 484B.607.

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CHAPTER 11, AB 19

Assembly Bill No. 19–Committee on Natural Resources

CHAPTER 11

[Approved: May 22, 2023]

AN ACT relating to water; expanding the Channel Clearance, Maintenance, Restoration, Surveying and Monumenting Program to include tribal governments in this State; providing, under certain circumstances, that officers and employees of tribal governments are exempt from certain licensing requirements for state water right surveyors; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law establishes the Channel Clearance, Maintenance, Restoration, Surveying and Monumenting Program which provides grants to local governments in this State for the clearance, maintenance, restoration, surveying and monumenting of navigable rivers in this State. (NRS 532.220) Section 2 of this bill expands the entities eligible to apply for a grant from this Program to include tribal governments in this State. Section 1 of this bill defines “tribal government” to mean a federally recognized American Indian tribe. Section 3 of this bill makes a conforming change to include tribal governments in the entities eligible to receive money from the Account for the Channel Clearance, Maintenance, Restoration, Surveying and Monumenting Program in the State General Fund.

Existing law provides that: (1) any licensed professional engineer or land surveyor may apply to the State Engineer for appointment as a state water right surveyor; and (2) an officer or employee of the Federal Government who is not a professional engineer or professional land surveyor may apply to be a state water right surveyor, but any certificate issued to such an officer or employee is restricted to work for the Federal Government. (NRS 533.080) Section 4 of this bill provides that an officer or employee of a tribal government who is not a professional engineer or professional land surveyor may also apply for appointment as a state water right surveyor, but any certificate issued to such an officer or employee is restricted to work for the tribal government.

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ê2023 Statutes of Nevada, Page 58 (CHAPTER 11, AB 19)ê

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 532 of NRS is hereby amended by adding thereto a new section to read as follows:

As used in this chapter, unless the context otherwise requires, “tribal government” means a federally recognized American Indian tribe pursuant to 25 C.F.R. §§ 83.1 to 83.12, inclusive.

Sec. 2. NRS 532.220 is hereby amended to read as follows:

532.220 1. The Channel Clearance, Maintenance, Restoration, Surveying and Monumenting Program is hereby established and must be administered by the State Engineer.

2. This Program is to aid local governments and tribal governments in this [state] State in the clearance, maintenance, restoration, surveying and monumenting of navigable rivers.

3. Any incorporated city, county , [or] other political subdivision of this [state] State or tribal government in this State may apply to the State Engineer for a grant under this Program if the incorporated city, county , [or] other political subdivision or tribal government requesting the money agrees to match the state grant equally.

4. The State, its departments, divisions and agencies, an incorporated city, a county , [and] all other political subdivisions of this [state,] State and tribal governments in this State, and their employees and agents, are immune from civil liability for damages caused by an alteration or disturbance of a riverbed or flooding sustained as a result of any act or omission by an employee or agent in clearing or causing to be cleared, maintaining or restoring a channel of a river pursuant to this section if the channel is cleared, maintained or restored pursuant to a permit granted by the Division of State Lands of the State Department of Conservation and Natural Resources and such other permits and approvals as are required by law.

5. The Division of State Lands and the Division of Environmental Protection of the State Department of Conservation and Natural Resources shall refund the application or permit fees, if any, paid by a governmental entity to apply for a state permit to perform channel clearance, maintenance, restoration, surveying and monumenting if:

(a) The governmental entity applies for the applicable permits from the Division of State Lands and from the Division of Environmental Protection of the State Department of Conservation and Natural Resources;

(b) The governmental entity obtains all other permits and approvals as are required by law;

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ê2023 Statutes of Nevada, Page 59 (CHAPTER 11, AB 19)ê

(d) The grant is denied for lack of money in the Account for the Channel Clearance, Maintenance, Restoration, Surveying and Monumenting Program after:

(1) The State Engineer requests an allocation from the Contingency Account pursuant to subsection 4 of NRS 532.230; and

(2) An allocation from the Contingency Account is not made within 90 days after the request is made.

6. A state permit must not be denied for lack of money in the Account for the Channel Clearance, Maintenance, Restoration, Surveying and Monumenting Program.

7. As used in this section, “navigable river” means a river or stream that is used, or is susceptible of being used, in its ordinary condition for trade or travel in the customary modes of trade or travel on rivers or streams.

Sec. 3. NRS 532.230 is hereby amended to read as follows:

532.230 1. The Account for the Channel Clearance, Maintenance, Restoration, Surveying and Monumenting Program is hereby created in the State General Fund.

2. The money in the Account must be administered by the State Engineer and must be expended only to aid local governments or tribal governments in the manner provided in NRS 532.220.

3. If the balance in the Account is below $250,000, the State Engineer may request an allocation from the Contingency Account pursuant to NRS 353.266, 353.268 and 353.269.

4. If the balance in the Account is not sufficient to provide a grant of money to an incorporated city, a county , [or] a political subdivision of this [state,] State or a tribal government in this State, the State Engineer shall request an allocation from the Contingency Account pursuant to NRS 353.266, 353.268 and 353.269.

Sec. 4. NRS 533.080 is hereby amended to read as follows:

533.080 1. All maps, surveys and measurements of water required pursuant to this chapter must be made by a state water right surveyor. No survey, map or measurement of flow of water may be approved by the State Engineer unless the survey is made by a state water right surveyor.

2. Any licensed professional engineer or land surveyor who has a practical knowledge of surveying or engineering and who is familiar with land surveying and mapping and the measurement of water, and who is of good moral standing, must be considered for appointment as a state water right surveyor upon application to the State Engineer. The application must be in the form prescribed by the State Engineer and accompanied by a fee of $50.

3. The State Engineer may require any applicant for appointment to the position of state water right surveyor to pass such reasonable examination as to the applicant’s qualifications as is provided by the State Engineer.

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ê2023 Statutes of Nevada, Page 60 (CHAPTER 11, AB 19)ê

4. Whenever the State Engineer approves the qualifications of an applicant, the State Engineer shall issue a certificate to the applicant designating the applicant as a state water right surveyor.

5. Every water right surveyor’s certificate expires on June 30 of each year unless renewed by application in the form prescribed by the State Engineer. A fee of $20 must be paid each year for renewal. All application and renewal fees must be accounted for in the State Engineer’s Water License Account, which is hereby created in the State General Fund, and must be used to pay costs pertaining to the certificate and renewal and other costs associated with carrying out the provisions of this section.

6. An appointment may be revoked by the State Engineer at any time for good cause shown.

7. The State Engineer may provide such additional regulations governing the qualifications and official acts of state water right surveyors as are reasonable and not inconsistent with this chapter.

8. The State of Nevada is not liable for the compensation of any state water right surveyor, but a state water right surveyor is entitled to be paid by the person employing the state water right surveyor.

9. Officers and employees of the Federal Government or a tribal government are entitled to apply for the position of state water right surveyor and are exempt from the requirement that a state water right surveyor must be a professional engineer or professional land surveyor set forth in subsection 2. Any certificate issued to those officers and employees must include a restriction limiting those officers and employees to work for the Federal Government [.] or tribal government, as applicable.

10. As used in this section, “tribal government” has the meaning ascribed to it in section 1 of this act.

Sec. 5. This act becomes effective on July 1, 2023.

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ê2023 Statutes of Nevada, Page 61ê

CHAPTER 12, AB 24

Assembly Bill No. 24–Committee on Health and Human Services

CHAPTER 12

[Approved: May 22, 2023]

AN ACT relating to emergency medical services; revising the membership of the Committee on Emergency Medical Services; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law establishes the Committee on Emergency Medical Services and requires the Committee to review and advise the Division of Public and Behavioral Health of the Department of Health and Human Services on matters related to emergency medical services. (NRS 450B.151, 450B.153) Under existing law, the Committee is comprised of nine members appointed by the State Board of Health. (NRS 450B.151) This bill adds to the Committee: (1) one member who is employed by or serves as a volunteer with a local governmental agency that provides emergency medical services but which is not a part of a fire-fighting agency or law enforcement agency; and (2) one member who is employed by or volunteers with an agency, organization or other operator that provides emergency medical services on tribal land.

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 450B.151 is hereby amended to read as follows:

450B.151 1. The Committee on Emergency Medical Services, consisting of [nine] 11 members appointed by the State Board of Health, is hereby created.

2. Upon request of the State Board of Health, employee associations that represent persons that provide emergency medical services, including, without limitation, physicians and nurses that provide emergency medical services, emergency medical technicians, ambulance attendants, firefighters, fire chiefs and employees of rural hospitals, shall submit to the State Board of Health written nominations for appointments to the Committee.

3. After considering the nominations submitted pursuant to subsection 2, the State Board of Health shall appoint to the Committee:

(a) One member who is a physician licensed pursuant to chapter 630 or 633 of NRS and who has experience providing emergency medical services;

(b) One member who is a registered nurse and who has experience providing emergency medical services;

(d) One member who is employed by a fire-fighting agency at which some of the firefighters and persons who provide emergency medical services for the agency are employed and some serve as volunteers;

(e) One member who is employed by an urban fire-fighting agency;

(f) One member who is employed by or serves as a volunteer with a medical facility that is located in a rural area and that provides emergency medical services;

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ê2023 Statutes of Nevada, Page 62 (CHAPTER 12, AB 24)ê

(g) One member who is employed by an organization that provides emergency medical services in an air ambulance and whose duties are closely related to such emergency medical services;

(h) One member who is employed by or serves as a volunteer with a local governmental agency that provides emergency medical services but which is not a part of a fire-fighting agency or law enforcement agency;

(i) One member who is employed by a privately owned entity that provides emergency medical services; and

[(i)] (j) One member who is employed by an operator of a service which is:

(1) Provided for the benefit of the employees of an industry who become sick or are injured at the industrial site; and

(2) Staffed by employees who are licensed attendants and perform emergency medical services primarily for the industry.

4. The Committee shall solicit and accept applications from persons who are employed by or volunteer with an agency, organization or other operator that provides emergency medical services on tribal land. After considering the applications submitted pursuant to this subsection, the Committee shall recommend and the State Board of Health shall appoint to the Committee one member who is employed by or volunteers with an agency, organization or other operator that provides emergency medical services on tribal land.

5. In addition to the members set forth in [subsection] subsections 3 [,] and 4, the following persons are ex officio members of the Committee:

(a) An employee of the Division, appointed by the Administrator of the Division, whose duties relate to administration and enforcement of the provisions of this chapter;

(b) The county health officer appointed pursuant to NRS 439.290 in each county whose population is 100,000 or more, or the county health officer’s designee;

(c) A physician who is a member of a committee which consists of directors of trauma centers in this State and who is nominated by that committee; and

(d) A representative of a committee or group which focuses on the provision of emergency medical services to children in this State and who is nominated by that committee or group.

[5.] 6. The term of each member appointed by the State Board of Health is 2 years. A member may not serve more than two consecutive terms but may serve more than two terms if there is a break in service of not less than 2 years.

[6.] 7. The State Board of Health shall not appoint to the Committee two persons who are employed by or volunteer with the same organization, except the State Board of Health may appoint a person who is employed by or volunteers with the same organization of which a member who serves ex officio is an employee.

[7.] 8. Each member of the Committee shall appoint an alternate to serve in the member’s place if the member is temporarily unable to perform the duties required of him or her pursuant to NRS 450B.151 to 450B.154, inclusive.

[8.] 9. A position on the Committee that becomes vacant before the end of the term of the member must be filled in the same manner as the original appointment.

Sec. 2. This act becomes effective on July 1, 2023.

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ê2023 Statutes of Nevada, Page 63ê

CHAPTER 13, AB 27

Assembly Bill No. 27–Committee on Commerce and Labor

CHAPTER 13

[Approved: May 22, 2023]

AN ACT relating to contractors; requiring a general building contractor who provides management and counseling services on a construction project to have an active license in the same classifications and subclassifications that are required to be held by the prime contractor for the construction project; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

With certain exceptions, existing law provides that a contractor whose principal contracting business is in connection with the construction or remodeling of certain types of buildings or structures is considered to be a general building contractor. (NRS 624.215) Existing law authorizes a general building contractor to provide management and counseling services on a construction project for a professional fee. (NRS 624.215) This bill requires a general building contractor who provides such services to have an active license in the same classifications and subclassifications that are required to be held by the prime contractor for the construction project.

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 624.215 is hereby amended to read as follows:

624.215 1. For the purpose of classification, the contracting business includes the following branches:

(a) General engineering contracting.

(b) General building contracting.

Ê General engineering contracting and general building contracting are mutually exclusive branches.

2. A general engineering contractor is a contractor whose principal contracting business is in connection with fixed works, including irrigation, drainage, water supply, water power, flood control, harbors, railroads, highways, tunnels, airports and airways, sewers and sewage disposal systems, bridges, inland waterways, pipelines for transmission of petroleum and other liquid or gaseous substances, refineries, chemical plants and industrial plants requiring a specialized engineering knowledge and skill, power plants, piers and foundations and structures or work incidental thereto.

3. Except as otherwise provided in subsections 5 and 6, a general building contractor is a contractor whose principal contracting business is in connection with the construction or remodeling of buildings or structures for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, requiring in their construction the use of more than two unrelated building trades or crafts, upon which he or she is a prime contractor and where the construction or remodeling of a building is the primary purpose.

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ê2023 Statutes of Nevada, Page 64 (CHAPTER 13, AB 27)ê

primary purpose. Unless he or she holds the appropriate specialty license, a general building contractor may only contract to perform specialty contracting if he or she is a prime contractor on a project. Except as otherwise provided in subsection 4 of NRS 624.220, a general building contractor shall not perform specialty contracting in plumbing, electrical, refrigeration and air-conditioning or fire protection without a license for the specialty. A person who is licensed pursuant to chapter 489 of NRS and who exclusively constructs or repairs mobile homes, manufactured homes or commercial coaches is not a general building contractor.

4. A specialty contractor is a contractor whose operations as such are the performance of construction work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts.

5. A general engineering contractor, when acting as a prime contractor, may hire not more than one general building contractor to provide any work, materials or equipment as specified in subsection 3 on a single construction project.

6. A general building contractor may contract to provide management and counseling services on a construction project for a professional fee. A general building contractor who has contracted to provide management and counseling services [may] :

(a) Must have an active license in the same classifications and subclassifications that are required to be held by the prime contractor on the project.

(b) May hire not more than one general building contractor to provide any work, materials or equipment as specified in subsection 3 on a single construction project.

7. A single construction project must be limited to not more than one general building contractor who provides management and counseling services for a professional fee and not more than one general building contractor who provides any work, materials or equipment as specified in subsection 3.

8. Except as otherwise provided in this subsection, each construction project must have one, but not more than one, prime contractor who is a licensed contractor and is responsible for the work, materials and equipment for the construction project. A construction project is not required to have a prime contractor if the work for the construction project or the person providing the work for the construction project is exempt pursuant to NRS 624.031.

9. This section does not prevent the Board from establishing, broadening, limiting or otherwise effectuating classifications in a manner consistent with established custom, usage and procedure found in the building trades. The Board is specifically prohibited from establishing classifications in such a manner as to determine or limit craft jurisdictions.

10. As used in this section, “prime contractor” means:

(a) A general engineering contractor who enters into an oral or written agreement with an owner of a construction project or an agent of an owner to provide any work, materials or equipment for which the general engineering contractor is licensed;

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ê2023 Statutes of Nevada, Page 65 (CHAPTER 13, AB 27)ê

(b) A general building contractor who enters into an oral or written agreement with an owner of a construction project or an agent of an owner to provide any work, materials or equipment for which the general building contractor is licensed;

(c) A general engineering contractor and general building contractor who enter into an oral or written agreement with an owner of a construction project or an agent of an owner to provide any work, materials or equipment for which the general engineering contractor and general building contractor are licensed; or

(d) A specialty contractor who enters into an oral or written agreement with an owner of a construction project or an agent of an owner to provide:

(1) Any work, materials or equipment for which the specialty contractor is licensed; and

(2) Any other work which is incidental and supplemental thereto.

Sec. 2. The amendatory provisions of section 1 of this act do not apply to a contract entered into before the effective date of this act, but do apply to any renewal or extension of such a contract.

Sec. 3. This act becomes effective upon passage and approval.

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CHAPTER 14, AB 29

Assembly Bill No. 29–Committee on Commerce and Labor

CHAPTER 14

[Approved: May 22, 2023]

AN ACT relating to contractors; revising the grounds for disciplinary action against a licensed contractor by the State Contractors’ Board to include certain acts related to another person’s application for a contractor’s license; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law provides for the licensure and regulation of contractors by the State Contractors’ Board. (Chapter 624 of NRS) Existing law requires an applicant for a license as a contractor to demonstrate certain experience and knowledge. Under existing law, an applicant may qualify in regard to such experience and knowledge by the appearance of another person on behalf of the applicant. (NRS 624.260) Existing law also sets forth certain acts or omissions that constitute cause for disciplinary action against a licensed contractor by the Board. (NRS 624.3016) This bill provides that the making, or the causing to be made, of a false or misleading statement or representation, or the omission of a material fact, by a licensee who is a natural person, an owner of a licensee, a managing officer of a licensee or any person who qualifies on behalf of a licensee in connection with the application of another person for a contractor’s license for the purpose of assisting the applicant to obtain the license constitutes cause for disciplinary action by the Board.

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ê2023 Statutes of Nevada, Page 66 (CHAPTER 14, AB 29)ê

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 624.3016 is hereby amended to read as follows:

624.3016 The following acts or omissions, among others, constitute cause for disciplinary action under NRS 624.300:

1. Any fraudulent or deceitful act committed in the capacity of a contractor, including, without limitation, misrepresentation or the omission of a material fact.

2. A conviction of a violation of NRS 624.730, or a conviction in this State or any other jurisdiction of a felony relating to the practice of a contractor or a crime involving moral turpitude.

3. Knowingly making a false statement in or relating to the recording of a notice of lien pursuant to the provisions of NRS 108.226.

4. Failure to give a notice required by NRS 108.227, 108.245, 108.246 or 624.520.

5. Failure to comply with NRS 624.920, 624.930, 624.935 or 624.940 or any regulations of the Board governing contracts for work concerning residential pools and spas.

6. Failure to comply with NRS 624.860 to 624.875, inclusive, or any regulations of the Board governing contracts for work concerning residential photovoltaic systems used to produce electricity.

7. Failure to comply with NRS 624.600.

8. Misrepresentation or the omission of a material fact, or the commission of any other fraudulent or deceitful act, to obtain a license.

9. Failure to pay an assessment required pursuant to NRS 624.470.

10. Failure to file a certified payroll report that is required for a contract for a public work.

11. Knowingly submitting false information in an application for qualification or a certified payroll report that is required for a contract for a public work.

12. Failure to notify the Board of a conviction or entry of a plea of guilty, guilty but mentally ill or nolo contendere pursuant to NRS 624.266.

13. Failure to provide a builder’s warranty as required by NRS 624.602 or to respond reasonably to a claim made under a builder’s warranty.

14. The making, or the causing to be made, of a false or misleading statement or representation, or the omission of a material fact, by a licensee who is a natural person, an owner of a licensee, a managing officer of a licensee or any person who qualifies on behalf of a licensee pursuant to subsection 2 of NRS 624.260 in connection with the application of another person for a contractor’s license for the purpose of assisting the applicant to obtain the license.

Sec. 2. This act becomes effective upon passage and approval.

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ê2023 Statutes of Nevada, Page 67ê

CHAPTER 15, AB 40

Assembly Bill No. 40–Committee on Health and Human Services

CHAPTER 15

[Approved: May 22, 2023]

AN ACT relating to food establishments; authorizing an applicant for a permit to operate a food establishment to provide an electronic mail address for purposes of communicating certain notices; authorizing, under certain circumstances, a health authority to furnish an electronic original of a food inspection report form; authorizing service of certain written notices by a health authority to be provided electronically; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law sets forth the requirements for an application to a health authority for a permit to operate a food establishment, including that an application include the applicant’s full name and post office address. (NRS 446.875) Section 1 of this bill authorizes such an application also include an electronic mail address by which the health authority may communicate with the applicant and send any inspection report form or other notice.

Existing law requires that whenever the health authority makes an inspection of a food establishment, the health authority furnish the original food inspection report form to the permit holder or operator after the inspection. (NRS 446.890) Section 2 of this bill authorizes a health authority to furnish an electronic original food inspection report form after such an inspection.

Existing law provides that notice of an inspection report or other written notice is properly served by a health authority when it is delivered personally to the permit holder or sent by registered or certified mail, return receipt requested, to the last known address of the permit holder. (NRS 446.900) Section 3 of this bill additionally authorizes a health authority to properly serve an inspection report form and certain notices on a permit holder by sending the notice to the electronic mail address provided by the permit holder, if any.

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 446.875 is hereby amended to read as follows:

446.875 1. Any person desiring to operate a food establishment must make written application for a permit on forms provided by the health authority. The application must include:

(a) The applicant’s full name and post office address. An applicant may include on the application an electronic mail address by which the health authority may communicate with the applicant and send any inspection report form or other notice.

(b) A statement whether the applicant is a natural person, firm or corporation, and, if a partnership, the names of the partners, together with their addresses.

(d) The signature of the applicant or applicants.

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ê2023 Statutes of Nevada, Page 68 (CHAPTER 15, AB 40)ê

2. An application for a permit to operate a temporary food establishment must also include the inclusive dates of the proposed operation.

3. Upon receipt of such an application, the health authority shall make an inspection of the food establishment to determine compliance with the provisions of this chapter. When inspection reveals that the applicable requirements of this chapter have been met, the health authority shall issue a permit to the applicant.

4. A permit to operate a temporary food establishment may be issued for a period not to exceed 14 days.

5. A permit issued pursuant to this section:

(a) Is not transferable from person to person or from place to place.

(b) Must be posted in every food establishment.

Sec. 2. NRS 446.890 is hereby amended to read as follows:

446.890 1. The health authority, after he or she has properly identified himself or herself, must be permitted to enter, at any reasonable time, any food establishment within the State for the purpose of making any inspection to determine compliance with this chapter. The health authority must be permitted to examine the records of the establishment to obtain pertinent information pertaining to food and supplies purchased, received or used, and persons employed.

2. Whenever the health authority makes an inspection of a food establishment, the health authority shall record his or her findings on an inspection report form provided for this purpose. The health authority shall furnish the original or an electronic original of the inspection report form to the permit holder or operator. The form must summarize the requirements of this chapter.

Sec. 3. NRS 446.900 is hereby amended to read as follows:

446.900 1. Notices provided for in NRS 446.895 shall be deemed to have been properly served when the original of the inspection report form or other notice has been [delivered] :

(a) Delivered personally to the permit holder or person in charge [, or such notice has been sent] ;

(b) Sent by registered or certified mail, return receipt requested, to the last known address of the permit holder [.] ; or

(c) Except for any notice required pursuant to NRS 446.880, sent to the electronic mail address, if any, provided by the permit holder to the health authority.

2. A copy of [such] any inspection report form or other notice provided pursuant to subsection 1 shall be filed with the records of the health authority.

Sec. 4. This act becomes effective on July 1, 2023.

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ê2023 Statutes of Nevada, Page 69ê

CHAPTER 16, AB 43

Assembly Bill No. 43–Committee on Education

CHAPTER 16

[Approved: May 22, 2023]

AN ACT relating to emergency management; revising certain deadlines relating to school emergency operations plans; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires the board of trustees of each school district, the governing body of each charter school and the governing body of each private school to establish an emergency operations plan development committee to develop a plan for responding to certain emergencies in each school. (NRS 388.241, 388.243, 394.1685, 394.1687) Existing law requires each emergency operations plan development committee to: (1) review and update the emergency plan at least once each year; and (2) provide a copy of the updated plan to the board of trustees of the school district, the governing body of the charter school or the governing body of the private school, as applicable, that established the committee. Existing law requires such board of trustees or governing body, as applicable, to submit a copy of the updated plan to the Division of Emergency Management of the Office of the Military and local public safety agencies and emergency management organizations. (NRS 388.245, 394.1688) Existing law requires the Chief of the Division to report annually to the Superintendent of Public Instruction whether each board of trustees of a school district, governing body of a charter school or governing body of a private school has complied with these requirements. (NRS 414.040).

Sections 1 and 2 of this bill require each emergency operations plan development committee to provide a copy of the updated plan to the board of trustees of the school district or the governing body of the charter school or private school, as applicable, on or before August 1 of each year. Sections 1 and 2 also revise from July 1 to August 15 of each year the date by which each board of trustees of a school district, governing body of a charter school or governing body of a private school must submit a copy of an updated plan to the Division and, for a private school, to local public safety agencies and emergency management organizations. Section 3 of this bill revises from August 15 to November 15 of each year the date by which the Chief of the Division must report to the Superintendent of Public Instruction regarding whether each board of trustees of a school district, governing body of a charter school or governing body of a private school has complied with requirements governing the review, update and submission of a plan for responding to emergencies at each public school or private school.

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 388.245 is hereby amended to read as follows:

388.245 1. Each emergency operations plan development committee shall, at least once each year, review and update as appropriate the plan that it developed pursuant to NRS 388.243. In reviewing and updating the plan, the emergency operations plan development committee shall consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Office of the Military or his or her designee.

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ê2023 Statutes of Nevada, Page 70 (CHAPTER 16, AB 43)ê

no local organization for emergency management, with the Chief of the Division of Emergency Management of the Office of the Military or his or her designee.

2. [Each] On or before August 1 of each year, each emergency operations plan development committee shall provide an updated copy of the plan to the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee.

3. On or before [July 1] August 15 of each year, the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee shall submit for review to the Division of Emergency Management of the Office of the Military the plan updated pursuant to subsection 1.

4. The board of trustees of each school district and the governing body of each charter school shall:

(a) Post a notice of the completion of each review and update that its emergency operations plan development committee performs pursuant to subsection 1 on the Internet website maintained by the school district or governing body and by each school in the school district or by the charter school, as applicable;

(b) File with the Department a copy of the notice posted pursuant to paragraph (a);

(c) Post a link to NRS 388.229 to 388.266, inclusive, on the Internet website maintained by each school in its school district or by the charter school;

(d) Retain a copy of each plan developed pursuant to NRS 388.243, each plan updated pursuant to subsection 1 and each deviation approved pursuant to NRS 388.251;

(e) Provide a copy of each plan developed pursuant to NRS 388.243 and each plan updated pursuant to subsection 1 to:

(1) Each local public safety agency in the county in which the school district or charter school is located; and

(2) The local organization for emergency management, if any;

(f) Upon request, provide a copy of each plan developed pursuant to NRS 388.243 and each plan updated pursuant to subsection 1 to a local agency that is included in the plan and to an employee of a school who is included in the plan;

(g) Provide a copy of each deviation approved pursuant to NRS 388.251 as soon as practicable to:

(1) The Department;

(2) A local public safety agency in the county in which the school district or charter school is located;

(3) The Division of Emergency Management of the Office of the Military;

(4) The local organization for emergency management, if any;

(5) A local agency that is included in the plan; and

(6) An employee of a school who is included in the plan; and

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ê2023 Statutes of Nevada, Page 71 (CHAPTER 16, AB 43)ê

(h) At least once each year, provide training in responding to a crisis and training in responding to an emergency to each employee of the school district or of the charter school, including, without limitation, training concerning drills for evacuating and securing schools.

5. The board of trustees of each school district and the governing body of each charter school may apply for and accept gifts, grants and contributions from any public or private source to carry out the provisions of NRS 388.229 to 388.266, inclusive.

Sec. 2. NRS 394.1688 is hereby amended to read as follows:

394.1688 1. Each emergency operations plan development committee shall, at least once each year, review and update as appropriate the plan that it developed pursuant to NRS 394.1687. In reviewing and updating the plan, the emergency operations plan development committee shall consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Office of the Military or his or her designee.

2. On or before [July] August 1 of each year, each emergency operations plan development committee shall provide an updated copy of the plan to the governing body of the school.

3. The governing body of each private school shall:

(b) File with the Department a copy of the notice posted pursuant to paragraph (a);

(d) Retain a copy of each plan developed pursuant to NRS 394.1687, each plan updated pursuant to subsection 1 and each deviation approved pursuant to NRS 394.1692;

(e) On or before [July 1] August 15 of each year, provide a copy of each plan developed pursuant to NRS 394.1687 and each plan updated pursuant to subsection 1 to:

(1) Each local public safety agency in the county in which the school is located;

(2) The Division of Emergency Management of the Office of the Military; and

(3) The local organization for emergency management, if any;

(f) Upon request, provide a copy of each plan developed pursuant to NRS 394.1687 and each plan updated pursuant to subsection 1 to a local agency that is included in the plan and to an employee of the school who is included in the plan;

(g) Upon request, provide a copy of each deviation approved pursuant to NRS 394.1692 to:

(1) The Department;

(2) A local public safety agency in the county in which the school is located;

(3) The Division of Emergency Management of the Office of the Military;

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ê2023 Statutes of Nevada, Page 72 (CHAPTER 16, AB 43)ê

(4) The local organization for emergency management, if any;

(5) A local agency that is included in the plan; and

(6) An employee of the school who is included in the plan; and

(h) At least once each year, provide training in responding to a crisis and training in responding to an emergency to each employee of the school, including, without limitation, training concerning drills for evacuating and securing the school.

4. As used in this section, “public safety agency” has the meaning ascribed to it in NRS 388.2345.

Sec. 3. NRS 414.040 is hereby amended to read as follows:

414.040 1. A Division of Emergency Management is hereby created within the Office of the Military. The Chief of the Division is appointed by and holds office at the pleasure of the Adjutant General of the Office of the Military. The Division is the State Agency for Emergency Management and the State Agency for Civil Defense for the purposes of the Compact ratified by the Legislature pursuant to NRS 415.010. The Chief is the State’s Director of Emergency Management and the State’s Director of Civil Defense for the purposes of that Compact.

2. The Chief may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his or her office within the appropriation therefor, or from other money made available to him or her for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.

3. The Chief, subject to the direction and control of the Adjutant General, shall carry out the program for emergency management in this State. The Chief shall coordinate the activities of all organizations for emergency management within the State, maintain liaison with and cooperate with agencies and organizations of other states and of the Federal Government for emergency management and carry out such additional duties as may be prescribed by the Adjutant General.

4. The Chief shall assist in the development of comprehensive, coordinated plans for emergency management by adopting an integrated process, using the partnership of governmental entities, business and industry, volunteer organizations and other interested persons, for the mitigation of, preparation for, response to and recovery from emergencies or disasters. In adopting this process, the Chief shall:

(a) Except as otherwise provided in NRS 232.3532, develop written plans for the mitigation of, preparation for, response to and recovery from emergencies and disasters. The plans developed by the Chief pursuant to this paragraph must include the information prescribed in NRS 414.041 to 414.044, inclusive.

(b) Conduct activities designed to:

(1) Eliminate or reduce the probability that an emergency will occur or to reduce the effects of unavoidable disasters;

(2) Prepare state and local governmental agencies, private organizations and other persons to be capable of responding appropriately if an emergency or disaster occurs by fostering the adoption of plans for emergency operations, conducting exercises to test those plans, training necessary personnel and acquiring necessary resources;

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ê2023 Statutes of Nevada, Page 73 (CHAPTER 16, AB 43)ê

(3) Test periodically plans for emergency operations to ensure that the activities of state and local governmental agencies, private organizations and other persons are coordinated;

(4) Provide assistance to victims, prevent further injury or damage to persons or property and increase the effectiveness of recovery operations; and

(5) Restore the operation of vital community life-support systems and return persons and property affected by an emergency or disaster to a condition that is comparable to or better than what existed before the emergency or disaster occurred.

5. In addition to any other requirement concerning the program of emergency management in this State, the Chief shall:

(a) Maintain an inventory of any state or local services, equipment, supplies, personnel and other resources related to participation in the Nevada Intrastate Mutual Aid System established pursuant to NRS 414A.100;

(b) Coordinate the provision of resources and equipment within this State in response to requests for mutual aid pursuant to NRS 414.075 or chapter 414A of NRS;

(c) Coordinate with state agencies, local governments, Indian tribes or nations and special districts to use the personnel and equipment of those state agencies, local governments, Indian tribes or nations and special districts as agents of the State during a response to a request for mutual aid pursuant to NRS 414.075 or 414A.130; and

(d) Provide notice:

(1) On or before February 15 of each year to the governing body of each political subdivision of whether the political subdivision has complied with the requirements of NRS 239C.250;

(2) On or before February 15 of each year to the Chair of the Public Utilities Commission of Nevada of whether each utility that is not a governmental utility and each provider of new electric resources has complied with the requirements of NRS 239C.270;

(3) On or before February 15 of each year to the Governor of whether each governmental utility described in subsection 1 of NRS 239C.050 and each provider of new electric resources has complied with the requirements of NRS 239C.270;

(4) On or before February 15 of each year to the governing body of each governmental utility described in subsection 2 of NRS 239C.050 and each provider of new electric resources of whether each such governmental utility has complied with the requirements of NRS 239C.270;

(5) On or before [August] November 15 of each year to the Superintendent of Public Instruction of whether each board of trustees of a school district, governing body of a charter school or governing body of a private school has complied with the requirements of NRS 388.243 or 394.1687, as applicable; and

(6) On or before November 15 of each year to the Chair of the Nevada Gaming Control Board of whether each resort hotel has complied with the requirements of NRS 463.790.

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ê2023 Statutes of Nevada, Page 74 (CHAPTER 16, AB 43)ê

6. The Division shall:

(a) Perform the duties required pursuant to chapter 415A of NRS;

(b) Perform the duties required pursuant to NRS 353.2753 at the request of a state agency or local government;

(c) Adopt regulations setting forth the manner in which federal funds received by the Division to finance projects related to emergency management and homeland security are allocated, except with respect to any funds committed by specific statute to the regulatory authority of another person or agency, including, without limitation, funds accepted by the State Emergency Response Commission pursuant to NRS 459.740; and

(d) Submit a written report to the Nevada Commission on Homeland Security within 60 days of making a grant of money to a state agency, political subdivision or tribal government to pay for a project or program relating to the prevention of, detection of, mitigation of, preparedness for, response to and recovery from acts of terrorism that includes, without limitation:

(1) The total amount of money that the state agency, political subdivision or tribal government has been approved to receive for the project or program;

(2) A description of the project or program; and

(3) An explanation of how the money may be used by the state agency, political subdivision or tribal government.

7. The Division shall develop a written guide for the preparation and maintenance of an emergency response plan to assist a person or governmental entity that is required to file a plan pursuant to NRS 239C.250, 239C.270, 388.243, 394.1687 or 463.790. The Division shall review the guide on an annual basis and revise the guide if necessary. On or before January 15 of each year, the Division shall post the guide on a publicly accessible Internet website maintained by the Division.

8. The Division shall provide a copy of the written guide developed pursuant to subsection 7 to a person or governmental entity that is required to file a plan pursuant to NRS 239C.250, 239C.270, 388.243, 394.1687 or 463.790 upon the request of such a person or entity.

Sec. 4. This act becomes effective upon passage and approval.

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ê2023 Statutes of Nevada, Page 75ê

CHAPTER 17, AB 73

Assembly Bill No. 73–Committee on Education

CHAPTER 17

[Approved: May 22, 2023]

AN ACT relating to education; establishing the right of public school pupils to wear traditional tribal regalia or recognized objects of religious or cultural significance at school graduation ceremonies; establishing a process for a pupil to appeal a decision that prohibits the wearing of such adornments; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Under existing law, each pupil of a public school 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. Any such expression by pupils must not be disruptive to instruction or used to engage in discrimination based on race or bullying and must not be organized, broadcast or endorsed by a public school. (NRS 388.077) This bill establishes that the pupils of a public school are entitled to wear traditional tribal regalia or recognized objects of religious or cultural significance as an adornment at school graduation ceremonies. This bill provides that the board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils may nonetheless prohibit an item that is likely to cause a substantial disruption of, or material interference with, such a ceremony. This bill authorizes a pupil who is prohibited from wearing such an item to appeal that decision to the Superintendent of Public Instruction, who must consult with certain groups before rendering a decision on such an appeal. This bill further provides that, if the Superintendent of Public Instruction does not render a decision within 5 business days after an appeal is submitted, the appeal is deemed to be decided in favor of the pupil.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A pupil of a public school, including, without limitation, a pupil of a university school for profoundly gifted pupils, is entitled to wear traditional tribal regalia or recognized objects of religious or cultural significance as an adornment at a school graduation ceremony.

2. Nothing in this section shall be construed to prohibit the board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils from prohibiting an item that is likely to cause a substantial disruption of, or material interference with, such a ceremony.

3. If the board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils prohibits a pupil from wearing an item as an adornment at a school graduation ceremony, the pupil may submit a written appeal to the Superintendent of Public Instruction which includes an explanation of the religious or cultural significance of the item. Before rendering a decision on such an appeal, the Superintendent of Public Instruction shall consult with the Nevada Indian Commission created by NRS 233A.020 and the Nevada Commission on Minority Affairs created by NRS 232.852.

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ê2023 Statutes of Nevada, Page 76 (CHAPTER 17, AB 73)ê

on such an appeal, the Superintendent of Public Instruction shall consult with the Nevada Indian Commission created by NRS 233A.020 and the Nevada Commission on Minority Affairs created by NRS 232.852. If an appeal is decided in favor of the pupil, the board of trustees or governing body shall allow the pupil to wear the item as an adornment at the school graduation ceremony. If the Superintendent of Public Instruction fails to render a decision within 5 business days after the appeal is submitted, the appeal is deemed to be decided in favor of the pupil.

4. As used in this section:

(a) “Adornment” means something attached to, or worn with, but not replacing, the cap and gown customarily worn at school graduation ceremonies.

(b) “Cultural” means recognized practices and traditions of a certain group of people.

Sec. 2. This act becomes effective upon passage and approval.

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CHAPTER 18, AB 236

Assembly Bill No. 236–Assemblywoman Monroe-Moreno

CHAPTER 18

[Approved: May 22, 2023]

AN ACT relating to psychology; revising and eliminating certain exceptions from certain prohibitions against a person representing himself or herself as a psychologist or engaging in the practice of psychology without a license issued by the Board of Psychological Examiners; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law prohibits, with certain exceptions, a person from representing himself or herself as a psychologist or engaging in the practice of psychology unless the person has been issued a license by the Board of Psychological Examiners. Existing law provides an exception from that prohibition to authorize a psychological scientist employed by an accredited educational institution or public agency which has set forth explicit standards to represent himself or herself by the title conferred upon him or her by the institution or agency. (NRS 641.390) This bill removes that exception, thus prohibiting a psychological scientist from representing himself or herself as a psychologist without a license issued by the Board.

Existing law provides that the provisions of existing law governing psychologists do not prevent the teaching of psychology or psychological research that does not involve the delivery or supervision of direct psychological services to a person. (NRS 641.390) This bill specifies that the provisions of existing law governing psychologists do not prevent such activities when conducted at an accredited educational institution. Existing law also authorizes a person who has obtained a doctoral degree in psychology from an accredited educational institution to use the title “psychologist” in conjunction with the teaching of psychology or psychological research that does not involve the delivery or supervision of direct psychological services to a person. (NRS 641.390) This bill revises that provision to authorize such a person to use the title “psychologist” in conjunction with such teaching or psychological research only when those activities are conducted at an accredited educational institution.

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ê2023 Statutes of Nevada, Page 77 (CHAPTER 18, AB 236)ê

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 641.390 is hereby amended to read as follows:

641.390 1. Except as authorized by the Psychology Interjurisdictional Compact enacted in NRS 641.227, a person shall not represent himself or herself as a psychologist within the meaning of this chapter or engage in the practice of psychology unless he or she is licensed under the provisions of this chapter . [, except that any psychological scientist employed by an accredited educational institution or public agency which has set explicit standards may represent himself or herself by the title conferred upon him or her by such institution or agency.]

2. [This section does not grant approval for any person to offer services as a psychologist to any other person as a consultant, and to accept remuneration for such psychological services, other than that of an institutional salary, unless the psychologist has been licensed under the provisions of this chapter.

3.] This chapter does not prevent the teaching of psychology or psychological research [,] at an accredited educational institution, unless the teaching or research involves the delivery or supervision of direct psychological services to a person. Persons who have earned a doctoral degree in psychology from an accredited educational institution may use the title “psychologist” in conjunction with the activities permitted by this subsection.

[4.] 3. A graduate student in psychology whose activities are part of the course of study for a graduate degree in psychology at an accredited educational institution or a person pursuing postdoctoral training or experience in psychology to fulfill the requirements for licensure under the provisions of this chapter may use the terms “psychological trainee,” “psychological intern” or “psychological assistant” if the activities are performed under the supervision of a licensed psychologist in accordance with the regulations adopted by the Board.

[5.] 4. A person who is certified as a school psychologist by the State Board of Education may use the title “school psychologist” or “certified school psychologist” in connection with activities relating to school psychologists.

Sec. 2. Notwithstanding the amendatory provisions of this act, any person who, on or before January 1, 2024, is a psychological scientist employed by an accredited educational institution or public agency described in NRS 641.390 and upon whom the title of psychologist or any other title indicating or implying that the person is a psychologist has been conferred by the accredited educational institution or public agency may represent himself or herself as a psychologist without obtaining a license issued by the Board of Psychological Examiners pursuant to chapter 641 of NRS until July 1, 2024.

Sec. 3. 1. This section becomes effective upon passage and approval.

2. Sections 1 and 2 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, 2024, for all other purposes.

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ê2023 Statutes of Nevada, Page 78ê

CHAPTER 19, AB 276

Assembly Bill No. 276–Assemblymen Duran, Torres, Thomas, Marzola; Considine, González, Gorelow, Brittney Miller, Newby, Nguyen, Orentlicher, Peters, Taylor and Watts

CHAPTER 19

[Approved: May 22, 2023]

AN ACT relating to health care; authorizing the use of telehealth for certain communication between providers of health care; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law defines the term “telehealth” to mean the delivery of services from a provider of health care to a patient at a different location through the use of certain information and audio-visual communication technology. (NRS 629.515) This bill clarifies that “telehealth” includes communication between a provider of health care who is providing in-person services to a patient and another provider of health care at a different location. This bill authorizes a provider of health care who is conducting a forensic medical examination of an apparent victim of sexual assault or strangulation to use telehealth to connect to an appropriately trained physician, physician assistant or registered nurse for the purpose of obtaining instructions and guidance on conducting the examination.

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 629.515 is hereby amended to read as follows:

629.515 1. Except as otherwise provided in this subsection, before a provider of health care who is located at a distant site may use telehealth to direct or manage the care or render a diagnosis of a patient who is located at an originating site in this State or write a treatment order or prescription for such a patient, the provider must hold a valid license or certificate to practice his or her profession in this State, including, without limitation, a special purpose license issued pursuant to NRS 630.261. The requirements of this subsection do not apply to a provider of health care who is providing services within the scope of his or her employment by or pursuant to a contract entered into with an urban Indian organization, as defined in 25 U.S.C. § 1603.

2. The provisions of this section must not be interpreted or construed to:

(a) Modify, expand or alter the scope of practice of a provider of health care; or

(b) Authorize a provider of health care to provide services in a setting that is not authorized by law or in a manner that violates the standard of care required of the provider of health care.

3. A provider of health care who is located at a distant site and uses telehealth to direct or manage the care or render a diagnosis of a patient who is located at an originating site in this State or write a treatment order or prescription for such a patient:

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ê2023 Statutes of Nevada, Page 79 (CHAPTER 19, AB 276)ê

(a) Is subject to the laws and jurisdiction of the State of Nevada, including, without limitation, any regulations adopted by an occupational licensing board in this State, regardless of the location from which the provider of health care provides services through telehealth.

(b) Shall comply with all federal and state laws that would apply if the provider were located at a distant site in this State.

4. A provider of health care may establish a relationship with a patient using telehealth when it is clinically appropriate to establish a relationship with a patient in that manner. The State Board of Health may adopt regulations governing the process by which a provider of health care may establish a relationship with a patient using telehealth.

5. A provider of health care who is located at an originating site and is conducting a forensic medical examination of an apparent victim of sexual assault or strangulation may use telehealth to connect to an appropriately trained physician, physician assistant or registered nurse who is located at a distant site for the purpose of obtaining instructions and guidance on conducting the examination. The provisions of this subsection must not be construed to prohibit the use of telehealth for communication between providers of health care in other circumstances authorized by law.

6. As used in this section:

(a) “Distant site” means the location of the site where a telehealth provider of health care is providing telehealth services to a patient located at an originating site.

(b) “Originating site” means the location of the site where a patient is receiving telehealth services from a provider of health care located at a distant site.

(d) “Strangulation” has the meaning ascribed to it in NRS 200.481.

[(c)] (e) “Telehealth” means the delivery of services from a provider of health care to a patient at a different location through the use of information and audio-visual communication technology, not including facsimile or electronic mail. The term includes, without limitation, communication between a provider of health care who is providing in-person services to a patient and a provider of health care at a different location and the delivery of services from a provider of health care to a patient at a different location through the use of:

(1) Synchronous interaction or an asynchronous system of storing and forwarding information; and

(2) Audio-only interaction, whether synchronous or asynchronous.

Sec. 2. This act becomes effective on July 1, 2023.

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ê2023 Statutes of Nevada, Page 80ê

CHAPTER 20, SB 3

Senate Bill No. 3–Committee on Government Affairs

CHAPTER 20

[Approved: May 22, 2023]

AN ACT relating to homeland security; revising the membership of the Nevada Commission on Homeland Security; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law creates the Nevada Commission on Homeland Security and sets forth its duties, including, within the limits of available money: (1) making recommendations to certain governmental entities, businesses and private persons with respect to actions and measures that may be taken to protect the State from potential acts of terrorism and related emergencies; (2) making recommendations to the Governor on the use of money received by the State from any homeland security grant or related program; (3) proposing goals and programs to counteract or prevent potential acts of terrorism and related emergencies; (4) studying and assessing the security of certain buildings, facilities, geographic features and infrastructure; (5) examining the use, deployment and coordination of response agencies within this State; (6) assessing, examining and reviewing the use of certain information systems and systems of communications; (7) assessing, examining and reviewing the operation and efficacy of certain telephone systems; and (8) submitting annual briefings to the Governor assessing the preparedness of the State to counteract, prevent and respond to potential acts of terrorism and related emergencies. (NRS 293C.120, 293C.160) Existing law further sets forth the membership of the Commission, which consists of: (1) fifteen voting members appointed by the Governor, which must include certain persons; (2) the President and CEO, or his or her designee, of the Nevada Broadcasters Association as an ex officio voting member appointed by the Governor; (3) certain nonvoting members appointed by the Governor; (4) one member of the Senate appointed by the Senate Majority Leader as a nonvoting member; and (5) one member of the Assembly appointed by the Speaker of the Assembly as a nonvoting member. This bill requires the Governor to appoint as an additional voting member to the Commission the Director of the Department of Public Safety or his or her designee.

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 239C.120 is hereby amended to read as follows:

239C.120 1. The Nevada Commission on Homeland Security is hereby created.

2. The Governor shall appoint to the Commission [15] 16 voting members that the Governor determines to be appropriate and who serve at the Governor’s pleasure, which must include at least:

(a) The sheriff of each county whose population is 100,000 or more.

(b) The chief of the county fire department in each county whose population is 100,000 or more.

(d) An employee of the largest incorporated city in each county whose population is 700,000 or more.

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ê2023 Statutes of Nevada, Page 81 (CHAPTER 20, SB 3)ê

(e) A representative recommended by the Inter-Tribal Council of Nevada, Inc., or its successor organization, to represent tribal governments in Nevada.

(f) The Director of the Department of Public Safety or his or her designee.

3. The Governor shall appoint the President and CEO, or his or her designee, of the Nevada Broadcasters Association, or its successor organization, to serve as an ex officio voting member of the Commission.

4. The Governor shall appoint:

(a) An officer of the United States Department of Homeland Security whom the Department of Homeland Security has designated for this State;

(b) The agent in charge of the office of the Federal Bureau of Investigation in this State;

(d) The Administrator of the Nevada Office of Cyber Defense Coordination appointed pursuant to NRS 480.920,

Ê as nonvoting members of the Commission.

5. The Senate Majority Leader shall appoint one member of the Senate as a nonvoting member of the Commission.

6. The Speaker of the Assembly shall appoint one member of the Assembly as a nonvoting member of the Commission.

7. The term of office of each member of the Commission who is a Legislator is 2 years.

8. The Governor or his or her designee shall:

(a) Serve as Chair of the Commission; and

(b) Appoint a member of the Commission to serve as Vice Chair of the Commission.

Sec. 2. This act becomes effective on July 1, 2023.

________

CHAPTER 21, SB 67

Senate Bill No. 67–Committee on Judiciary

CHAPTER 21

[Approved: May 22, 2023]

AN ACT relating to parole; revising the definition of the term “sexual offense” for the purpose of certain provisions relating to parole; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires a person convicted of a “sexual offense” to provide a biological specimen, to undergo a psychosexual evaluation before sentencing, to register as a sex offender and to comply with certain other requirements. (NRS 176.139, 179D.097, 179D.441, 179D.443) Existing law also contains a different definition of “sexual offense” for the purpose of certain other provisions relating to parole. (NRS 213.107) This bill makes the definition of the term “sexual offense” that is used for the purpose of those provisions relating to parole consistent with the definition used elsewhere in the NRS.

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ê2023 Statutes of Nevada, Page 82 (CHAPTER 21, SB 67)ê

For the purposes of the provisions relating to parole that apply to a person who is convicted of a sexual offense, existing law: (1) requires the State Board of Parole Commissioners to adopt by regulation standards to assist the Board in determining whether to grant or revoke the parole of a person who was convicted of a sexual offense involving the use or threat of use of force or violence; (2) imposes certain requirements upon the Department of Corrections to assess each prisoner who has been convicted of a sexual offense to determine the prisoner’s risk to reoffend in a sexual manner; (3) requires the Board to consider that assessment by the Department before determining whether to grant or revoke the parole of the person; and (4) allows the Board to delegate to a panel its authority to hear, consider and act upon the parole of a person who has been convicted of a sexual offense involving the use or threat of use of force or violence. (NRS 213.10885, 213.1214, 213.133) Section 1 of this bill revises the definition of “sexual offense” for the purposes of these provisions relating to parole to make the definition consistent with the definition of the term used elsewhere in NRS, which has the effect of providing that persons who are convicted of certain offenses and who are not currently subject to these provisions relating to parole will now be subject to these provisions. Sections 2-4 and 6 of this bill make conforming changes that are necessary as the result of the revised definition in section 1. Section 5 of this bill makes a technical change to ensure that a provision relating to the special sentence of lifetime supervision for sex offenders is not affected by the change in section 1.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 213.107 is hereby amended to read as follows:

213.107 As used in NRS 213.107 to 213.157, inclusive, unless the context otherwise requires:

1. “Board” means the State Board of Parole Commissioners.

2. “Chief” means the Chief Parole and Probation Officer.

3. “Division” means the Division of Parole and Probation of the Department of Public Safety.

4. “Residential confinement” means the confinement of a person convicted of a crime to his or her place of residence under the terms and conditions established by the Board.

5. “Responsivity factors” means characteristics of a person that affect his or her ability to respond favorably or unfavorably to any treatment goals.

6. “Risk and needs assessment” means a validated, standardized actuarial tool that identifies risk factors that increase the likelihood of a person reoffending and factors that, when properly addressed, can reduce the likelihood of a person reoffending.

7. “Sex offender” means any person who has been or is convicted of a sexual offense.

8. “Sexual offense” [means:

(a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, 201.230, 201.450, 201.540 or 201.550 or paragraph (a) or (b) of subsection 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560;

(b) An attempt to commit any offense listed in paragraph (a); or

(c) An act of murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.]

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ê2023 Statutes of Nevada, Page 83 (CHAPTER 21, SB 67)ê

act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.] has the meaning ascribed to it in NRS 179D.097.

9. “Standards” means the objective standards for granting or revoking parole or probation which are adopted by the Board or the Chief.

Sec. 2. NRS 213.1099 is hereby amended to read as follows:

213.1099 1. Except as otherwise provided in this section and NRS 213.1215, the Board may release on parole a prisoner who is otherwise eligible for parole pursuant to NRS 213.107 to 213.157, inclusive.

2. In determining whether to release a prisoner on parole, the Board shall consider:

(a) Whether there is a reasonable probability that the prisoner will live and remain at liberty without violating the laws;

(b) Whether the release is incompatible with the welfare of society;

(d) The standards adopted pursuant to NRS 213.10885 and the recommendation, if any, of the Chief; and

(e) Any documents or testimony submitted by a victim notified pursuant to NRS 213.131 or 213.10915.

3. When a person is convicted of a felony and is punished by a sentence of imprisonment, the person remains subject to the jurisdiction of the Board from the time the person is released on parole under the provisions of this chapter until the expiration of the maximum term or the maximum aggregate term of imprisonment imposed by the court, as applicable, less any credits earned to reduce his or her sentence pursuant to chapter 209 of NRS.

4. Except as otherwise provided in NRS 213.1215, the Board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless the Board finds that the prisoner has served at least 20 consecutive years in the state prison, is not under an order to be detained to answer for a crime or violation of parole or probation in another jurisdiction, and does not have a history of:

(a) Recent misconduct in the institution, and has been recommended for parole by the Director of the Department of Corrections;

(b) Repetitive criminal conduct;

(d) Repetitive sexual deviance, violence or aggression; or

(e) Failure in parole, probation, work release or similar programs.

5. In determining whether to release a prisoner on parole pursuant to this section, the Board shall not consider whether the prisoner will soon be eligible for release pursuant to NRS 213.1215.

6. The Board shall not release on parole an offender convicted of [an offense listed in NRS 179D.097] a sexual offense until the Central Repository for Nevada Records of Criminal History has been provided an opportunity to give the notice required pursuant to NRS 179D.475.

Sec. 3. NRS 213.1214 is hereby amended to read as follows:

213.1214 1. The Department of Corrections shall assess each prisoner who has been convicted of a sexual offense to determine the prisoner’s risk to reoffend in a sexual manner using a currently accepted standard of assessment. The completed assessment must include, without limitation, a determination of the prisoner’s level of risk to reoffend in a sexual manner, including, without limitation, whether the prisoner is a high risk to reoffend in a sexual manner for the purposes of subsection 3 of NRS 213.1215. The Director shall ensure a completed assessment is provided to the Board before, but not sooner than 120 days before, a scheduled parole hearing.

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ê2023 Statutes of Nevada, Page 84 (CHAPTER 21, SB 67)ê

Director shall ensure a completed assessment is provided to the Board before, but not sooner than 120 days before, a scheduled parole hearing.

2. The Director shall:

(a) Ensure that any employee of the Department who completes an assessment pursuant to subsection 1 is properly trained to assess the risk of an offender to reoffend in a sexual manner.

(b) Establish a procedure to:

(1) Ensure the accuracy of each completed assessment provided to the Board; and

(2) Correct any error occurring in a completed assessment provided to the Board.

3. This section does not create a right in any prisoner to be assessed or reassessed more frequently than the prisoner’s regularly scheduled parole hearings or under a current or previous standard of assessment and does not restrict the Department from conducting additional assessments of a prisoner if such assessments may assist the Board in determining whether parole should be granted or continued. No cause of action may be brought against the State, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the State or its political subdivisions for assessing, not assessing or considering or relying on an assessment of a prisoner, if such decisions or actions are made or conducted in compliance with the procedures set forth in this section.

4. The Board shall consider an assessment prepared pursuant to this section before determining whether to grant or revoke the parole of a person convicted of a sexual offense.

5. The Board may adopt by regulation the manner in which the Board will consider an assessment prepared pursuant to this section in conjunction with the standards adopted by the Board pursuant to NRS 213.10885.

6. As used in this section:

(a) “Director” means the Director of the Department of Corrections.

(b) “Reoffend in a sexual manner” means to commit a sexual offense.

[(c) “Sex offender” means a person who, after July 1, 1956, is or has been:

(1) Convicted of a sexual offense; or

(2) Adjudicated delinquent or found guilty by a court having jurisdiction over juveniles of a sexual offense listed in subparagraph (20) of paragraph (d).

Ê The term includes, but is not limited to, a sexually violent predator or a nonresident sex offender who is a student or worker within this State.

(d) “Sexual offense” means any of the following offenses:

(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.

(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.

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ê2023 Statutes of Nevada, Page 85 (CHAPTER 21, SB 67)ê

(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.

(11) Indecent or obscene exposure pursuant to NRS 201.220.

(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 punished as a felony.

(17) An attempt or conspiracy to commit an offense listed in subparagraphs (1) to (16), inclusive.

(18) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.

(19) An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this paragraph. This subparagraph includes, but is not limited to, an offense prosecuted in:

(I) A tribal court.

(II) A court of the United States or the Armed Forces of the United States.

(20) An offense of a sexual nature committed in another jurisdiction, whether or not the offense would be an offense listed in this paragraph, 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 subparagraph includes, but is not limited to, an offense prosecuted in:

(I) A tribal court.

(II) A court of the United States or the Armed Forces of the United States.

(III) A court having jurisdiction over juveniles.

Ê Except for the offenses described in subparagraphs (14) and (15), the term does not include an offense involving consensual sexual conduct if the victim was an adult, unless the adult was under the custodial authority of the offender at the time of the offense, or if the victim was 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.]

Sec. 4. NRS 213.12155 is hereby amended to read as follows:

213.12155 1. Notwithstanding any other provision of law, the Board may grant geriatric parole to a prisoner if he or she:

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ê2023 Statutes of Nevada, Page 86 (CHAPTER 21, SB 67)ê

(a) Has not been convicted of:

(1) A crime of violence;

(2) A crime against a child as defined in NRS 179D.0357;

(3) A sexual offense ; [as defined in NRS 179D.097;]

(4) Vehicular homicide pursuant to NRS 484C.130; or

(5) A violation of NRS 484C.430;

(b) Has not been found to be a habitual criminal pursuant to NRS 207.010;

(c) Is not serving a sentence of life imprisonment without the possibility of parole and has not been sentenced to death;

(d) Does not pose a significant and articulable risk to public safety; and

(e) Is 65 years of age or older and has served at least a majority of the maximum term or maximum aggregate term, as applicable, of his or her sentence.

2. Consideration for geriatric parole may be initiated by the submission of a written application and supporting documentation to the Board, including, without limitation, relevant medical records, plans for parole, program participation records, institutional records, documents concerning eligibility for Medicaid or Medicare and any other relevant documents, from:

(a) A prison official or employee;

(b) A prisoner;

(d) A family member of a prisoner; or

(e) A medical or mental health professional.

3. Not later than 15 days after receipt of an application submitted pursuant to subsection 2, the Board shall notify the Department of the application and request verification of the prisoner’s age and the length of time the prisoner has spent in the custody of the Department.

4. Upon receipt of a request from the Board submitted pursuant to subsection 3, if the Department determines that the prisoner:

(a) Meets the criteria set forth in subsection 1, the Department shall:

(1) Notify the Board of the prisoner’s eligibility for consideration of geriatric parole;

(2) Place the prisoner on the next available list of persons eligible for parole pursuant to NRS 209.254; and

(3) Provide to the Board a report prepared in accordance with paragraph (c) of subsection 1 of NRS 213.131.

(b) Does not meet the criteria set forth in subsection 1, the Department shall notify the Board and explain the reasons for such a determination.

5. Upon receipt of the list prepared pursuant to NRS 209.254, the Board shall, after sending copies of the list to all law enforcement agencies in this State and other appropriate persons in accordance with subsection 5 of NRS 213.1085, schedule a hearing to consider the geriatric parole of an eligible prisoner whose name appears on the list.

6. Except as otherwise provided in subsection 7, the Board shall schedule and conduct the geriatric parole hearing of a prisoner in the same general manner in which other prisoners are considered for parole. The Board shall notify the prisoner and the person submitting the application pursuant to subsection 2 of the date, time and location of the geriatric parole hearing.

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ê2023 Statutes of Nevada, Page 87 (CHAPTER 21, SB 67)ê

7. When determining whether to grant geriatric parole to a prisoner, the Board must consider:

(a) The prisoner’s:

(1) Age;

(2) Behavior while in custody; and

(3) Potential for violence;

(b) The reported severity of any illness, disease or infirmity of the prisoner; and

(c) Any available alternatives for maintaining geriatric inmates or inmates who have a medical condition in traditional settings.

8. The Board shall notify a prisoner of the Board’s decision as to whether to grant geriatric parole in accordance with subsection 11 of NRS 213.131.

9. At the time of the release of a prisoner on geriatric parole, the Board shall prescribe the terms and conditions of the geriatric parole.

10. A person who is granted geriatric parole pursuant to this section is under the supervision of the Division. The Division is responsible for supervising the person’s compliance with the terms and conditions prescribed by the Board.

11. Except as otherwise provided in this subsection, the Board shall not take any action on an application submitted pursuant to subsection 2 if the prisoner to whom the application pertains was previously denied geriatric parole and less than 24 months have elapsed since the most recent denial. The Board may take action on such an application if a shorter period has been prescribed by the Board or a request is made by the Director of the Department because of the adverse health of the prisoner.

12. The provisions of this section are not intended to replace the provisions relating to the general eligibility and consideration of parole provided in NRS 213.1099 and 213.1215.

13. The Board shall adopt any regulations necessary to carry out the provisions of this section.

14. As used in this section, “Department” means the Department of Corrections.

Sec. 5. NRS 213.1243 is hereby amended to read as follows:

213.1243 1. The Board shall establish by regulation a program of lifetime supervision of sex offenders to commence after any period of probation or any term of imprisonment and any period of release on parole. The program must provide for the lifetime supervision of sex offenders by parole and probation officers.

2. Lifetime supervision shall be deemed a form of parole for:

(a) The limited purposes of the applicability of the provisions of NRS 213.1076, subsection 9 of NRS 213.1095, NRS 213.1096 and subsection 2 of NRS 213.110; and

(b) The purposes of the Interstate Compact for Adult Offender Supervision ratified, enacted and entered into by the State of Nevada pursuant to NRS 213.215.

3. Except as otherwise provided in subsection 9, the Board shall require as a condition of lifetime supervision that the sex offender reside at a location only if:

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ê2023 Statutes of Nevada, Page 88 (CHAPTER 21, SB 67)ê

(a) The residence has been approved by the parole and probation officer assigned to the person.

(b) If the residence is a facility that houses more than three persons who have been released from prison, the facility is a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS.

4. Except as otherwise provided in subsection 9, the Board shall require as a condition of lifetime supervision that the sex offender, unless approved by the parole and probation officer assigned to the sex offender and by a psychiatrist, psychologist or counselor treating the sex offender, if any, not knowingly be within 500 feet of any place, or if the place is a structure, within 500 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater. The provisions of this subsection apply only to a sex offender who is a Tier 3 offender.

5. Except as otherwise provided in subsection 9, if a sex offender is convicted of a sexual offense listed in subsection 6 of NRS 213.1255 against a child under the age of 14 years, the sex offender is a Tier 3 offender and the sex offender is sentenced to lifetime supervision, the Board shall require as a condition of lifetime supervision that the sex offender:

(a) Reside at a location only if the residence is not located within 1,000 feet of any place, or if the place is a structure, within 1,000 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater.

(b) As deemed appropriate by the Chief, be placed under a system of active electronic monitoring that is capable of identifying his or her location and producing, upon request, reports or records of his or her presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location.

(c) Pay any costs associated with his or her participation under the system of active electronic monitoring, to the extent of his or her ability to pay.

6. A sex offender placed under the system of active electronic monitoring pursuant to subsection 5 shall:

(a) Follow the instructions provided by the Division to maintain the electronic monitoring device in working order.

(b) Report any incidental damage or defacement of the electronic monitoring device to the Division within 2 hours after the occurrence of the damage or defacement.

(c) Abide by any other conditions set forth by the Division with regard to his or her participation under the system of active electronic monitoring.

7. Except as otherwise provided in this subsection, a person who intentionally removes or disables or attempts to remove or disable an electronic monitoring device placed on a sex offender pursuant to this section is guilty of a gross misdemeanor. The provisions of this subsection do not prohibit a person authorized by the Division from performing maintenance or repairs to an electronic monitoring device.

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ê2023 Statutes of Nevada, Page 89 (CHAPTER 21, SB 67)ê

prohibit a person authorized by the Division from performing maintenance or repairs to an electronic monitoring device.

8. Except as otherwise provided in subsection 7, a sex offender who commits a violation of a condition imposed on him or her pursuant to the program of lifetime supervision 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 6 years, and may be further punished by a fine of not more than $5,000.

9. The Board is not required to impose a condition pursuant to the program of lifetime supervision listed in subsections 3, 4 and 5 if the Board finds that extraordinary circumstances are present and the Board states those extraordinary circumstances in writing.

10. The Board shall require as a condition of lifetime supervision that the sex offender not have contact or communicate with a victim of the sexual offense or a witness who testified against the sex offender or solicit another person to engage in such contact or communication on behalf of the sex offender, unless approved by the Chief or his or her designee and a written agreement is entered into and signed.

11. The Board shall require as a condition of lifetime supervision, in addition to any other condition imposed pursuant to this section, that the sex offender:

(a) Participate in and complete a program of professional counseling approved by the Division, unless, before commencing a program of lifetime supervision, the sex offender previously completed a program of professional counseling recommended or ordered by the Board or the court upon conviction of the sexual offense for which the sex offender will be placed under a program of lifetime supervision.

(b) Not use aliases or fictitious names.

(d) Not enter, visit or patronize an establishment which offers a sexually related form of entertainment as its primary business.

(e) Inform the parole and probation officer assigned to the sex offender of any post office box used by the sex offender.

12. If the sex offender is convicted of a sexual offense involving the use of the Internet, the Board shall require, in addition to any other condition imposed pursuant to this section, that the sex offender not possess any electronic device capable of accessing the Internet and not access the Internet through any such device or any other means, unless the sex offender installs a device or subscribes to a service which enables the parole and probation officer assigned to the sex offender to regulate the sex offender’s use of the Internet. The provisions of this subsection do not apply to a device used by a sex offender within the course and scope of his or her employment.

13. If the sex offender is convicted of a sexual offense involving the use of alcohol, cannabis or a controlled substance, the Board shall require, in addition to any other condition imposed pursuant to this section, that the sex offender participate in and complete a program of counseling pertaining to substance use disorders approved by the Division, unless, before commencing a program of lifetime supervision, the sex offender previously completed a program of counseling pertaining to substance use disorders recommended or ordered by the Board or the court upon conviction of the sexual offense for which the sex offender will be placed under a program of lifetime supervision.

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ê2023 Statutes of Nevada, Page 90 (CHAPTER 21, SB 67)ê

recommended or ordered by the Board or the court upon conviction of the sexual offense for which the sex offender will be placed under a program of lifetime supervision.

14. If a court issues a warrant for arrest for a violation of this section, the court shall cause to be transmitted, in the manner prescribed by the Central Repository for Nevada Records of Criminal History, notice of the issuance of the warrant for arrest in a manner which ensures that such notice is received by the Central Repository within 3 business days.

15. For the purposes of prosecution of a violation by a sex offender of a condition imposed upon him or her pursuant to the program of lifetime supervision:

(a) In which the violation occurred outside this State, the violation shall be deemed to have occurred in, and may only be prosecuted in, the county in which the court that imposed the sentence of lifetime supervision pursuant to NRS 176.0931 is located, regardless of whether the acts or conduct constituting the violation took place, in whole or in part, outside that county or outside this State; or

(b) In which the violation occurred within this State, the violation shall be deemed to have occurred in, and may only be prosecuted in, the county in which the violation occurred.

16. As used in this section, “sex offender” means any person who has been convicted of a sexual offense as defined in paragraph (b) of subsection 5 of NRS 176.0931.

Sec. 6. NRS 213.1245 is hereby amended to read as follows:

213.1245 1. Except as otherwise provided in subsection 3, if the Board releases on parole a prisoner convicted of [an offense listed in NRS 179D.097,] a sexual offense, the Board shall, in addition to any other condition of parole, require as a condition of parole that the parolee:

(a) Reside at a location only if:

(1) The residence has been approved by the parole and probation officer assigned to the parolee.

(2) If the residence is a facility that houses more than three persons who have been released from prison, the facility is a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS.

(3) The parolee keeps the parole and probation officer informed of his or her current address.

(b) Accept a position of employment or a position as a volunteer only if it has been approved by the parole and probation officer assigned to the parolee and keep the parole and probation officer informed of the location of his or her position of employment or position as a volunteer.

(d) Participate in and complete a program of professional counseling approved by the Division.

(e) Submit to periodic tests, as requested by the parole and probation officer assigned to the parolee, to determine whether the parolee is using a controlled substance.

(f) Submit to periodic polygraph examinations, as requested by the parole and probation officer assigned to the parolee.

(g) Abstain from consuming, possessing or having under his or her control any alcohol.

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ê2023 Statutes of Nevada, Page 91 (CHAPTER 21, SB 67)ê

(h) Not have contact or communicate with a victim of the offense or a witness who testified against the parolee or solicit another person to engage in such contact or communication on behalf of the parolee, unless approved by the Chief or his or her designee and a written agreement is entered into and signed in the manner set forth in subsection 2.

(i) Not use aliases or fictitious names.

(j) Not obtain a post office box unless the parolee receives permission from the parole and probation officer assigned to the parolee.

(k) Not have contact with a person less than 18 years of age in a secluded environment unless another adult who has never been convicted of [an offense listed in NRS 179D.097] a sexual offense is present and permission has been obtained from the parole and probation officer assigned to the parolee in advance of each such contact.

(l) Unless approved by the parole and probation officer assigned to the parolee and by a psychiatrist, psychologist or counselor treating the parolee, if any, not knowingly be within 500 feet of any place, or if the place is a structure, within 500 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater. The provisions of this paragraph apply only to a parolee who is a Tier 3 offender.

(m) Comply with any protocol concerning the use of prescription medication prescribed by a treating physician, including, without limitation, any protocol concerning the use of psychotropic medication.

(n) Not possess any sexually explicit material that is deemed inappropriate by the parole and probation officer assigned to the parolee.

(o) Not patronize a business which offers a sexually related form of entertainment and which is deemed inappropriate by the parole and probation officer assigned to the parolee.

(p) Not possess any electronic device capable of accessing the Internet and not access the Internet through any such device or any other means, unless possession of such a device or such access is approved by the parole and probation officer assigned to the parolee.

(q) Inform the parole and probation officer assigned to the parolee if the parolee expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his or her enrollment at an institution of higher education. As used in this paragraph, “institution of higher education” has the meaning ascribed to it in NRS 179D.045.

2. A written agreement entered into pursuant to paragraph (h) of subsection 1 must state that the contact or communication is in the best interest of the victim or witness, and specify the type of contact or communication authorized. The written agreement must be signed and agreed to by:

(a) The victim or the witness;

(b) The parolee;

(d) The psychiatrist, psychologist or counselor treating the parolee, victim or witness, if any;

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ê2023 Statutes of Nevada, Page 92 (CHAPTER 21, SB 67)ê

(e) If the victim or witness is a child under 18 years of age, each parent, guardian or custodian of the child; and

(f) The Chief or his or her designee.

3. The Board is not required to impose a condition of parole listed in subsection 1 if the Board finds that extraordinary circumstances are present and the Board states those extraordinary circumstances in writing.

Sec. 7. The amendatory provisions of this act apply to offenses committed before, on or after the effective date of this act.

Sec. 8. This act becomes effective upon passage and approval.

________

CHAPTER 22, AB 3

Assembly Bill No. 3–Committee on Government Affairs

CHAPTER 22

[Approved: May 24, 2023]

AN ACT relating to the State Permanent School Fund; reducing the frequency of financial reports of the State Permanent School Fund; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law requires the State Controller to prepare a complete financial report of the State Permanent School Fund each quarter and submit a copy of the report to the State Treasurer and to the Fiscal Analysis Division of the Legislative Counsel Bureau. (NRS 387.013) This bill reduces the frequency of the report to once per year.

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 387.013 is hereby amended to read as follows:

387.013 The State Controller shall, each [quarter,] year, prepare a complete financial report of the State Permanent School Fund. A copy of this report must be submitted to the State Treasurer and to the Fiscal Analysis Division of the Legislative Counsel Bureau.

Sec. 2. This act becomes effective on July 1, 2023.

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ê2023 Statutes of Nevada, Page 93ê

CHAPTER 23, AB 21

Assembly Bill No. 21–Committee on Commerce and Labor

CHAPTER 23

[Approved: May 24, 2023]

AN ACT relating to financial services; revising the powers and duties of the Commissioner of Financial Institutions with respect to the licensure and regulation of persons engaged in the business of money transmission; exempting certain persons from provisions governing money transmission; revising provisions relating to the issuance and renewal of licenses to engage in the business of money transmission; revising provisions relating to the confidentiality of certain records maintained by the Commissioner; imposing certain requirements and restrictions on applicants for a license, licensees, authorized delegates, key individuals and persons seeking to acquire control of a licensee; setting forth certain requirements for transactions involving money transmission; revising provisions relating to the suspension, revocation or denial of renewal of a license; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

Existing law provides for the licensure and regulation by the Commissioner of Financial Institutions of persons engaged in the business of selling or issuing checks or of receiving for transmission or transmitting money or credits. (Chapter 671 of NRS) This bill adds to, revises and repeals various provisions in the existing statutory scheme governing the licensure and regulation of such persons for the purposes of establishing a statutory scheme governing persons engaged in the business of money transmission which is modeled, in general, after the Model Money Transmission Modernization Act approved by the Conference of State Bank Supervisors.

Sections 4-32 of this bill define words and terms for the purposes of this bill. Section 20 of this bill defines “money transmission” to mean: (1) selling or issuing payment instruments to a person located in this State; (2) selling or issuing stored value to a person located in this State; or (3) receiving money or credits for transmission from a person located in this State. Section 20 provides that the term includes payroll processing services and does not include the provision of certain other services.

Section 66 of this bill exempts certain specified persons from the provisions of this bill. Section 34 of this bill authorizes the Commissioner to exempt additional persons under certain circumstances. Section 35 of this bill authorizes the Commissioner to require any person claiming an exemption to provide certain proof of that exemption.

Existing law provides that certain reports relating to investigations, hearings and examinations conducted by the Commissioner to determine whether a licensee or other person has committed a violation of the provisions governing money transmission are confidential. (NRS 671.170) Sections 37 and 82 of this bill make certain additional information and documents confidential and set forth the circumstances under which such information and documents may be disclosed.

Section 36 of this bill authorizes the Commissioner to engage in various activities to carry out the purposes of the provisions of this bill.

Section 67 of this bill prohibits a person from engaging in the business of money transmission unless the person: (1) has been issued a license; or (2) is an authorized delegate of a licensee that is acting within the scope of authority conferred by a written contract with the licensee. Section 68 of this bill sets forth certain requirements for an application for a license. Section 69 of this bill sets forth the circumstances under which the Commissioner is required to issue a license to an applicant. Section 70 of this bill sets forth certain requirements for the renewal of a license.

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ê2023 Statutes of Nevada, Page 94 (CHAPTER 23, AB 21)ê

Section 38 of this bill requires a licensee who wishes to engage in the business of money transmission through an authorized delegate to: (1) enter into a written contract with the authorized delegate that meets certain requirements; and (2) take certain other actions. Section 71 of this bill makes a conforming change to refer to an authorized delegate instead of a duly appointed agent.

Existing law requires all money or credit received by an agent of a licensee from the sale and issuance of checks or for the purpose of transmission to be remitted to the licensee or deposited with a bank or credit union authorized to do business in this State within a certain amount of time following the receipt of the money or credits. (NRS 671.150) Sections 38, 40 and 84 of this bill revise requirements regarding the remittance of money, credits or monetary value by a person who engages in money transmission on behalf of a licensee. Section 38 requires an authorized delegate to remit and handle money, credits and monetary value in accordance with the terms of the written contract entered into with the licensee. Section 38 defines “remit” to mean, in general, to make a direct payment of money, credits or monetary value to a licensee or to deposit money in an account in a bank or credit union specified by the licensee. Section 38 provides that all money net of fees received by an authorized delegate from money transmission is held in trust by the authorized delegate to the benefit of the licensee. Section 40 provides that an authorized delegate who knowingly fails to remit money held in trust for the benefit of a licensee is guilty of a misdemeanor.

Section 39 of this bill provides that a person who engages in the business of money transmission on behalf of an unlicensed person who is not exempt from licensure is jointly and severally liable with the person.

Sections 40-44 of this bill set forth certain requirements relating to transactions involving money transmission. Section 33 of this bill sets forth the method for determining whether a transaction involving money transmission takes place in this State.

Existing law requires a licensee to at all times maintain certain securities or assets having a value that is equal to or more than the aggregate liability of the licensee with respect to checks sold and issued and money or credits received for transmission. (NRS 671.150) Section 84 repeals that requirement. Section 45 of this bill instead requires a licensee to maintain at all times permissible investments with a market value of not less than the aggregate amount of all of the outstanding money transmission obligations, as defined in section 23 of this bill, of the licensee. Sections 46 and 47 of this bill set forth the investments that qualify as permissible investments for the purposes of section 45.

Existing law requires a licensee to have in force a surety bond meeting certain requirements. (NRS 671.100) Section 74 of this bill revises the requirements for such a surety bond. Section 49 of this bill requires a licensee to at all times maintain a tangible net worth in a specified amount. Sections 56-61 of this bill impose certain requirements on a licensee concerning reporting and recordkeeping. Section 78 of this bill eliminates certain reporting requirements for a licensee.

Existing law requires the rates charged for services related to money transmission to be posted in every place of business licensed or covered by a license and prohibits fees from being charged or collected in excess of the posted rates. (NRS 671.140) Section 84 repeals those provisions.

Section 50 of this bill requires a person or group of persons acting in concert seeking to acquire control of a licensee to obtain the approval of the Commissioner before acquiring control of the licensee. Section 50 sets forth the process for obtaining such approval. Section 51 of this bill establishes a process by which a person may request that the Commissioner determine whether the person would be considered a person in control of a licensee upon consummation of a proposed transaction. Section 52 of this bill sets forth certain persons who are not required to comply with the requirements of section 50 under certain circumstances.

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ê2023 Statutes of Nevada, Page 95 (CHAPTER 23, AB 21)ê

Section 53 of this bill requires a licensee to provide certain notice to the Commissioner if the licensee adds or replaces a “key individual,” which section 13 of this bill defines, in general, to mean any natural person ultimately responsible for establishing or directing policies and procedures of a licensee. Section 53 authorizes the Commissioner to disapprove a key individual under certain circumstances.

Existing law authorizes the Commissioner to participate in the Nationwide Multistate Licensing System and Registry and sets forth various actions the Commissioner is authorized to take relating to participating in the Registry. (NRS 671.092) Section 72 of this bill authorizes the Commissioner to take certain additional actions relating to the Registry. Section 54 of this bill authorizes the Commissioner to participate in certain multistate supervisory processes.

Existing law requires an applicant for a license and certain other persons to submit to the Registry a complete set of fingerprints and certain information relating to the background of the person. (NRS 671.098) Section 73 of this bill: (1) requires certain additional information to be submitted to the Commissioner through the Registry; and (2) revises the list of persons who are required to submit a complete set of fingerprints and such information.

Section 75 of this bill revises provisions relating to examinations of licensees conducted by the Commissioner.

Existing law authorizes the Commissioner to issue an order requiring the immediate cessation of the business of a licensee under certain circumstances. (NRS 671.160) Section 63 of this bill authorizes the Commissioner to issue an order requiring a licensee or authorized delegate to cease and desist certain violations. Section 62 of this bill authorizes the Commissioner to issue an order suspending or revoking the designation of an authorized delegate under certain circumstances. Section 64 of this bill authorizes the Commissioner to resolve a matter arising from a violation or alleged violation by a person through a consent order.

Section 79 of this bill revises the list of acts that constitute grounds for suspension, revocation or denial of renewal of a license. Section 48 of this bill authorizes the Commissioner to suspend or revoke the license of a licensee if the licensee does not continue to meet the requirements applicable to an applicant for a license.

Section 81 of this bill provides that any person who, without a license, knowingly engages in any activity for which a license is required is guilty of a misdemeanor.

Section 55 of this bill provides that, if a provision of this bill is inconsistent with a federal law governing money transmission, the federal law governs to the extent of the inconsistency. Section 65 of this bill requires that consideration of the need to promote uniformity of the law with respect to money transmission be given in applying and construing the provisions of this bill.

Section 83 of this bill authorizes a person who is licensed on June 30, 2023, to engage in the business of selling or issuing checks or of receiving for transmission money or credits to continue engaging in such business in accordance with the provisions of existing law as they existed before July 1, 2023, until January 1, 2024.

Section 84 repeals certain provisions relating to an agent of a licensee, certain qualifications for licensure and certain requirements imposed on licensees and their agents. Section 84 also repeals the definition of “check,” “licensee” and “Nationwide Multistate Licensing System and Registry.” Sections 14 and 22 of this bill, respectively, reenact the definitions of “licensee” and “Nationwide Multistate Licensing System and Registry.” Section 1 of this bill makes a conforming change to reflect the terminology used to describe persons licensed to engage in the business of money transmission as set forth in this bill.

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ê2023 Statutes of Nevada, Page 96 (CHAPTER 23, AB 21)ê

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 658.098 is hereby amended to read as follows:

658.098 1. On a quarterly or other regular basis, the Commissioner shall collect an assessment pursuant to this section from each:

(a) Check-cashing service or deferred deposit loan service that is supervised pursuant to chapter 604A of NRS;

(b) Collection agency that is supervised pursuant to chapter 649 of NRS;

(d) Trust company or family trust company that is supervised pursuant to chapter 669 or 669A of NRS;

(e) Person engaged in the business of [selling or issuing checks or of receiving for transmission or transmitting] money [or credits] transmission that is supervised pursuant to chapter 671 of NRS;

(f) Savings and loan association or savings bank that is supervised pursuant to chapter 673 of NRS;

(g) Person engaged in the business of lending that is supervised pursuant to chapter 675 of NRS;

(h) Thrift company that is supervised pursuant to chapter 677 of NRS; and

(i) Credit union that is supervised pursuant to chapter 672 of NRS.

(j) Consumer litigation funding company that is supervised pursuant to chapter 604C of NRS.

2. The Commissioner shall determine the total amount of all assessments to be collected from the entities identified in subsection 1, but that amount must not exceed the amount necessary to recover the cost of legal services provided by the Attorney General to the Commissioner and to the Division of Financial Institutions. The total amount of all assessments collected must be reduced by any amounts collected by the Commissioner from an entity for the recovery of the costs of legal services provided by the Attorney General in a specific case.

3. The Commissioner shall collect from each entity identified in subsection 1 an assessment that is based on:

(a) A portion of the total amount of all assessments as determined pursuant to subsection 2, such that the assessment collected from an entity identified in subsection 1 shall bear the same relation to the total amount of all assessments as the total assets of that entity bear to the total of all assets of all entities identified in subsection 1; or

(b) Any other reasonable basis adopted by the Commissioner.

4. The assessment required by this section is in addition to any other assessment, fee or cost required by law to be paid by an entity identified in subsection 1.

5. Money collected by the Commissioner pursuant to this section must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.

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ê2023 Statutes of Nevada, Page 97 (CHAPTER 23, AB 21)ê

Sec. 2. Chapter 671 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 65, inclusive, of this act.

Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 32, inclusive, of this act have the meanings ascribed to them in those sections.

Sec. 4. “Authorized delegate” means a person designated by a licensee to engage in money transmission on behalf of the licensee.

Sec. 5. “Average daily money transmission liability” means the amount of the outstanding money transmission obligations of the licensee in this State at the end of each day in a calendar quarter, added together and divided by the number of days in the calendar quarter.

Sec. 6. “Bank Secrecy Act” means the Bank Secrecy Act, 31 U.S.C. §§ 5311 et seq., as amended, and the regulations adopted pursuant thereto.

Sec. 7. “Calendar quarter” has the meaning ascribed to it in NRS 702.020.

Sec. 8. “Closed loop stored value” means stored valued that is redeemable by the issuer only for goods or services provided by the issuer, its affiliate or a franchisee of the issuer or its affiliate, except to the extent required by applicable law to be redeemable in cash for its cash value.

Sec. 9. 1. “Control” means:

(a) The power to vote, directly or indirectly, at least 25 percent of the outstanding voting shares or voting interests of a licensee or person in control of a licensee;

(b) The power to elect or appoint a majority of key individuals or executive officers, managers, directors, trustees or other persons exercising managerial authority of a person in control of a licensee; or

(c) The power to exercise, directly or indirectly, a controlling influence over the management or policies of a licensee or person in control of a licensee.

2. A person is presumed to exercise control if the person holds the power to vote, directly or indirectly, at least 10 percent of the outstanding voting shares or voting interests of a licensee or person in control of a licensee. This presumption may be rebutted by a showing that the person is a passive investor.

3. In determining the percentage of a person controlled by any other person, the interest of the person must be aggregate with the interest of any other immediate family member. For the purposes of this subsection, “immediate family member” means the spouse, parent, child, sibling, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law and sister-in-law of a person and any person who shares the home of the person.

Sec. 10. 1. “Eligible rating” means a credit rating that is within any of the three highest rating categories of a least one eligible rating service. Each rating category may include category modifiers such as “plus” or “minus” for Standard and Poor’s Rating Services or the equivalent for any other eligible rating service.

2. The term includes:

(a) A long-term credit rating of “A-” or higher by Standards and Poor’s Rating Services or the equivalent from any other eligible rating service.

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ê2023 Statutes of Nevada, Page 98 (CHAPTER 23, AB 21)ê

(b) A short-term credit rating of “A-2” or “SP-2” or higher by Standard and Poor’s Rating Services or the equivalent form any other eligible rating service.

Sec. 11. “Eligible rating service” means any nationally recognized statistical rating organization, as defined in 15 U.S.C. § 78c, or any other organization designated by the Commissioner.

Sec. 12. “Federally insured depository financial institution” means a bank, credit union, savings and loan association, savings association, savings bank, industrial bank or industrial loan company organized under the laws of any state or of the United States, when the bank, credit union, savings and loan association, savings association, savings bank, industrial bank or industrial loan company has deposits which are federally insured.

Sec. 13. “Key individual” means any natural person ultimately responsible for establishing or directing policies and procedures of a licensee, such as an executive officer, manager, director or trustee.

Sec. 14. “Licensee” means any person licensed under this chapter.

Sec. 15. “Material litigation” means litigation that, according to generally accepted accounting principles in the United States, is significant to the financial health of a person and would be required to be disclosed by the person in an annual audited financial statement, report to shareholders or similar record.

Sec. 16. “Monetary value” means a medium of exchange, whether or not redeemable in money.

Sec. 17. “Money” means a medium of exchange that is authorized or adopted by the United States or a foreign government. The term includes a monetary unit of account established by an intergovernmental organization or by agreement between two or more governments.

Sec. 18. “Money or credits received for transmission” means any money, credits or monetary value received in the United States for transmission within or outside the United States by electronic or other means.

Sec. 19. “Money services business accredited state” means a state agency that is accredited by the Conference of State Bank Supervisors and the Money Transmitter Regulators Association for money transmission licensing and supervision.

Sec. 20. 1. “Money transmission” means any of the following:

(a) Selling or issuing payment instruments to a person located in this State.

(b) Selling or issuing stored value to a person located in this State.

2. The term includes payroll processing services.

3. The term does not include the provision solely of online or telecommunications services or network access.

Sec. 21. “Multistate licensing process” means any agreement entered into by and among state regulators relating to coordinated processing of applications for money transmission licenses, applications for the acquisition of control of a licensee, control determinations or notice and information requirements for a change of key individuals.

Sec. 22. “Nationwide Multistate Licensing System and Registry” or “Registry” has the meaning ascribed to it in NRS 604A.083.

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ê2023 Statutes of Nevada, Page 99 (CHAPTER 23, AB 21)ê

Sec. 23. 1. “Outstanding money transmission obligation” means:

(a) Any payment instrument or stored value issued or sold by a licensee to a person located in the United States or reported as sold by an authorized delegate of the licensee to a person that is located in the United States that has not yet been paid or refunded by or for the licensee or escheated in accordance with applicable abandoned property laws; or

(b) Any money or credits received for transmission by a licensee or an authorized delegate in the United States from a person located in the United States that has not yet been received by the payee or refunded to the sender or escheated in accordance with the applicable abandoned property laws.

2. For the purposes of this section, a person is located in the United States if the person is located in any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a United States military installation that is located in a foreign county.

Sec. 24. “Passive investor” means a person that:

1. Does not have the power to elect a majority of key individuals or executive officers, managers, directors, trustees or other persons exercising managerial authority of a person in control of a licensee;

2. Is not employed by and does not have any managerial duties of a licensee or person in control of a licensee;

3. Does not have the power to exercise, directly or indirectly, a controlling influence over the management or policies of a licensee or person in control of a licensee; and

4. Does either of the following:

(a) Attests to the characteristics set forth in subsections 1, 2 and 3 in a form prescribed by the Commissioner; or

(b) Commits to the characteristics set forth in subsections 1, 2 and 3 in a written document.

Sec. 25. 1. “Payment instrument” means a written or electronic check, draft, money order, traveler’s check or other written or electronic instrument for the transmission or payment of money or monetary value, whether or not negotiable.

2. The term does not include stored value or any instrument that is:

(a) Redeemable by the issuer only for goods or services provided by the issuer or its affiliate or a franchisee of the issuer or its affiliate, except to the extent required by applicable law to be redeemable in cash for its cash value; or

(b) Not sold to the public but issued and distributed as part of a loyalty, rewards or promotional program.

Sec. 26. “Payroll processing services” means receiving money or credits for transmission pursuant to a contract with a person to:

1. Deliver wages or salaries;

2. Make payment of payroll taxes to a state or federal agency;

3. Make payments relating to an employee benefit plan; or

4. Make distributions of other authorized deductions from wages or salaries.

Sec. 27. “Person” means any natural person, general partnership, limited partnership, limited liability company, corporation, trust, association, joint stock corporation or other corporate entity identified by the Commissioner.

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ê2023 Statutes of Nevada, Page 100 (CHAPTER 23, AB 21)ê

Sec. 28. “Privately insured depository financial institution” means a credit union, thrift company or industrial loan company organized and regulated under the laws of this State, when such a credit union or thrift company has deposits which are insured by a private insurer approved by the Commissioner and the Commissioner of Insurance.

Sec. 29. “Receiving money or credits for transmission” means the act of receiving money, credits or monetary value in the United States for transmission within or outside the United States by electronic or other means.

Sec. 30. 1. “Stored value” means monetary value representing a claim against the issuer evidenced by an electronic or digital record, and that is intended and accepted for use as a means of redemption for money or monetary value or payment for goods or services.

2. The term includes, without limitation, “prepaid access,” as defined in 31 C.F.R. § 1010.100, as amended.

3. The term does not include a payment instrument, closed loop stored value or monetary value described in subsection 1 that is not sold to the public but issued and distributed as part of a loyalty, rewards or promotional program.

Sec. 31. “Tangible net worth” means the aggregate assets of a licensee excluding all intangible assets, less liabilities, as determined in accordance with generally accepted accounting principles in the United States.

Sec. 32. “USA Patriot Act” means the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Public Law 107-56.

Sec. 33. For the purposes of this chapter, a transaction involving money transmission takes place in this State if:

1. For a transaction requested in person, the transaction is requested by a person at a physical location in this State.

2. For a transaction requested electronically or by telephone, the provider of money transmission determines that the person requesting the transaction is located in this State based on the information available to the provider. Such information may include, without limitation:

(a) Information provided by the person regarding the residential address of the person, if the person is a natural person, or the address of the principal place of business or other physical address of the person, if the person is a business entity; and

(b) Any other information contained in the records of the provider of money transmission which indicate the location of the person, including, without limitation, an address associated with an account.

Sec. 34. The Commissioner may, by regulation or order, exempt a person who is not specified in NRS 671.020 from the provisions of this chapter if the Commissioner determines that the exemption is in the public interest and the regulation of the person is not necessary for the purposes of this chapter.

Sec. 35. The Commissioner may require any person claiming to be exempt from the provisions of this chapter pursuant to NRS 671.020 to provide to the Commissioner information and documentation demonstrating that the person qualifies for any claimed exemption.

Sec. 36. 1. To carry out the purposes of this chapter, the Commissioner may:

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ê2023 Statutes of Nevada, Page 101 (CHAPTER 23, AB 21)ê

(a) Enter into agreements or relationships with other governmental officials, federal and state regulatory agencies and regulatory associations in order to improve efficiencies and reduce regulatory burden by standardizing methods or procedures and sharing resources, records or related information obtained under this chapter;

(b) Use, hire, contract or employ analytical systems, methods or software to examine or investigate any person subject to this chapter;

(c) Accept from other state or federal governmental agencies or officials licensing, examination or investigation reports made by such agencies or officials; and

(d) Accept audit reports made by an independent certified public accountant or other qualified third-party auditor for an applicant for a license or licensee and incorporate the audit report into any report of examination or investigation.

2. The Commissioner shall administer, interpret and enforce the provisions of this chapter and may adopt such regulations as the Commissioner deems appropriate for those purposes.

Sec. 37. 1. Except as otherwise provided in NRS 239.0115 and this section, the following information and documents are confidential, are not subject to any subpoena and must not be made public:

(a) Any information or reports obtained by the Commissioner from an applicant, licensee or authorized delegate;

(b) Any information contained in or related to an operating report or condition report prepared by, on behalf of or for the use of the Commissioner; and

2. The Commissioner may disclose the information described in subsection 1 and NRS 671.170:

(a) To a representative of a state or federal agency who promises in a record to maintain the confidentiality of the information; and

(b) To any person if the Commissioner finds that justice and the public advantage will be served by the disclosure of the information.

3. The provisions of this section do not prohibit the Commissioner from disclosing to the public a list of each licensee.

4. The Commissioner may make available to the public on the Internet website of the Division of Financial Institutions, upon receipt by the Division of Financial Institutions of a written request or in the Registry, any information in the records of the Division of Financial Institutions that is not confidential, including, without limitation:

(a) The name, business address, telephone number and unique identifier of a licensee;

(b) The business address of the registered agent of a licensee who has been designated to receive service on behalf of the licensee;

(d) The terms of or a copy of any surety bond filed by a licensee, so long as any confidential information, including, without limitation, prices and fees for such bond, is redacted;

(e) A copy of any final order of the Division of Financial Institutions which is not confidential and related to any violation of this chapter or a regulation adopted pursuant thereto; and

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ê2023 Statutes of Nevada, Page 102 (CHAPTER 23, AB 21)ê

(f) The imposition of an administrative fine or penalty pursuant to this chapter.

5. As used in this section, “unique identifier” has the meaning ascribed to it in NRS 671.099.

Sec. 38. 1. A licensee shall not engage in any business of money transmission through an authorized delegate or allow a person to act as an authorized delegate unless the licensee has:

(a) Adopted, and updated as necessary, written policies and procedures reasonably designed to ensure that authorized delegates of the licensee comply with applicable state and federal laws;

(b) Entered into a written contract with the authorized delegate that complies with subsection 3; and

(c) Conducted a reasonable risk-based background investigation sufficient for the licensee to determine whether the authorized delegate has complied with and likely will comply with applicable state and federal laws.

2. An authorized delegate shall operate in compliance with the provisions of this chapter.

3. A written contract required pursuant to subsection 1 must be signed by the licensee and the authorized delegate and must:

(a) Appoint the person proposed to be an authorized delegate who is signing the contract as the authorized delegate of the licensee with the authority to conduct money transmission on behalf of the licensee;

(b) Set forth the nature and scope of the relationship between the licensee and the authorized delegate and the respective rights and responsibilities of the parties;

(c) Require the authorized delegate to agree to comply fully with all applicable state and federal laws, rules and regulations pertaining to money transmission, including, without limitation, the provisions of this chapter, the regulations adopted pursuant thereto and the relevant provisions of the Bank Secrecy Act and the USA Patriot Act;

(d) Require the authorized delegate to remit and handle money, credits and monetary value in accordance with the terms of the contract between the licensee and the authorized delegate;

(e) Impose a trust on money, credits and monetary value received for money transmission, net of fees, for the benefit of the licensee;

(f) Require the authorized delegate to prepare and maintain records as required by this chapter and the regulations adopted pursuant thereto, or as reasonably requested by the Commissioner;

(g) Acknowledge that the authorized delegate consents to examination or investigation by the Commissioner;

(h) State that the licensee is subject to regulation by the Commissioner and that, as part of that regulation, the Commissioner may suspend or revoke the designation of an authorized delegate or require the licensee to terminate the designation of an authorized delegate; and

(i) Acknowledge receipt of the written policies and procedures required by subsection 1.

4. If the license of a licensee is suspended, revoked, surrendered or expired, the licensee must, within 5 business days after the date on which such action occurred, provide documentation to the Commissioner that the licensee has notified all applicable authorized delegates of the licensee whose names are in a record filed with the Commissioner of the suspension, revocation, surrender or expiration of the license. Upon suspension, revocation, surrender or expiration of a license, applicable authorized delegates shall immediately cease to provide money transmission as an authorized delegate of the licensee.

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ê2023 Statutes of Nevada, Page 103 (CHAPTER 23, AB 21)ê

suspension, revocation, surrender or expiration of a license, applicable authorized delegates shall immediately cease to provide money transmission as an authorized delegate of the licensee.

5. An authorized delegate of a licensee holds in trust for the benefit of the licensee all money net of fees received from money transmission. If any authorized delegate commingles any money or credits received from money transmission with any other money or property owned or controlled by the authorized delegate, all commingled money and other property shall be considered held in trust in favor of the licensee in an amount equal to the amount of money net of fees received from money transmission.

6. An authorized delegate may not use a subdelegate to conduct money transmission on behalf of a licensee.

7. As used in this section, “remit” means to make direct payments of money, credits or monetary value to a licensee or its representative authorized to receive money or to deposit money in an account specified by the licensee in a bank or credit union authorized to do business in this State.

Sec. 39. A person shall not engage in the business of money transmission on behalf of a person not licensed under this chapter or who is not exempt from licensure under this chapter. A person that engages in such activity provides money transmission to the same extent as if the person were a licensee and is jointly and severally liable with the unlicensed or nonexempt person.

Sec. 40. 1. If, in any action brought by a licensee against an authorized delegate, the court finds that the authorized delegate failed to remit money in accordance with the written contract with the licensee required by section 38 of this act or as otherwise directed by the licensee or required by law, the court may grant appropriate equitable or legal relief, including, without limitation, prohibiting the authorized delegate from directly or indirectly acting as an authorized delegate for any licensee in this State and the payment of restitution, damages or other monetary relief.

2. If a court issues an order prohibiting a person from acting as an authorized delegate for any licensee pursuant to subsection 1, the licensee that brought the action shall report the order to:

(a) The Commissioner within 30 days after entry of the order; and

(b) The Registry within 90 days after entry of the order.

3. An authorized delegate who holds money in trust for the benefit of a licensee and knowingly fails to remit money is guilty of a misdemeanor.

4. As used in this section, “remit” means to make direct payments of money, credits or monetary value to a licensee or its representative authorized to receive money or to deposit money in an account specified by the licensee in a bank or credit union authorized to do business in this State.

Sec. 41. 1. A licensee shall forward all money or credits received for transmission in accordance with the terms of the agreement between the licensee and the sender unless the licensee has a reasonable belief or a reasonable basis to believe that the sender may be a victim of fraud or that a crime or violation of law, rule or regulation has occurred, is occurring or may occur.

2. If a licensee fails to forward money or credits received for transmission in accordance with this section, the licensee must respond to inquiries by the sender with the reason for the failure unless providing a response would violate a state or federal law, rule or regulation.

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inquiries by the sender with the reason for the failure unless providing a response would violate a state or federal law, rule or regulation.

Sec. 42. 1. Except as otherwise provided in this section, a licensee shall, within 10 days after the date on which the licensee receives a written request from a sender for a refund of money and credits received, issue such a refund to the sender unless any of the following occurs:

(a) The money or credits have been forwarded within 10 days after the date on which the money or credit was received for transmission.

(b) Instructions have been given committing an equivalent amount of money or credit to the person designated by the sender within 10 days of the date on which the money or credit was received for transmission.

(c) The agreement between the licensee and the sender instructs the licensee to forward the money or credits at a time that is beyond 10 days after the date on which the money or credits were received for transmission. If money or credits have not yet been forwarded in accordance with the terms of the agreement between the licensee and the sender, this paragraph does not apply.

(d) The refund is requested for a transaction that the licensee has not completed based on a reasonable belief or a reasonable basis to believe that a crime or violation of law, rule or regulation has occurred, is occurring or may occur.

(e) The request for a refund does not enable the licensee to:

(1) Identify the name, address or telephone number of the sender; or

(2) If the sender has multiple transactions pending with the licensee, identify the particular transaction to be refunded.

2. The provisions of this section do not apply to:

(a) Money or credits received for transmission which are subject to the provisions of 12 C.F.R. Part 1005, Subpart B, as amended.

(b) Money or credits received for transmission pursuant to a written agreement between a licensee and payee to process payments for goods or services provided by the payee.

Sec. 43. 1. Except as otherwise provided in this section, a licensee or authorized delegate shall provide to a sender a receipt for all money or credit received for transmission. For a transaction conducted in person, the receipt may be provided electronically if the sender requests or agrees to receive an electronic receipt. For a transaction conducted electronically or by telephone, a receipt may be provided electronically. If a licensee provides an electronic receipt, the electronic receipt must be provided in a retainable form.

2. A receipt required by this section must:

(a) Be in English and, if different, the language principally used by the licensee or authorized delegate to advertise, solicit or negotiate, either orally or in writing, for a transaction conducted in person, electronically or by phone; and

(b) Contain the following information, as applicable:

(1) The name of the sender;

(2) The name of the designated recipient;

(3) The date of the transaction;

(4) The unique transaction or identification number;

(5) The name, unique identifier, business address and customer service telephone number of the licensee;

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(6) The amount of the transaction in United States dollars;

(7) Any fee charged by the licensee to the sender for the transaction; and

(8) Any taxes collected by the licensee from the sender for the transaction.

3. Each licensee and authorized delegate shall include on a receipt required by this section or on the Internet website or mobile application of the licensee or authorized delegate:

(a) The name and phone number of the Division of Financial Institutions; and

(b) A statement that the customers of the licensee may contact the Division of Financial Institutions with questions or complaints regarding the money transmission services of the licensee.

4. The provisions of this section do not apply to:

(a) Money or credit received for transmission which is subject to the provisions of 12 C.F.R. Part 1005, Subpart B, as amended;

(b) Money or credit received for transmission that is not primarily for personal, family or household purposes;

(c) Money or credit received for transmission pursuant to a written agreement between the licensee and payee to process payments for goods or service provided to the payee; or

(d) Payroll processing services.

5. As used in this section:

(a) “Receipt” means a paper receipt, electronic record or other written confirmation.

(b) “Unique identifier” has the meaning ascribed to it in NRS 671.099.

Sec. 44. 1. Except as otherwise provided in subsection 2, a licensee that provides payroll processing services shall:

(a) Issue to a client a report detailing the payroll obligations for the client before the money or monetary value for payroll is deducted from an account; and

(b) Make available to each worker a paystub or an equivalent statement.

2. The provisions of subsection 1 do not apply to a licensee providing payroll processing services if the client of the licensee designates the intended recipients to the licensee and is responsible for providing the disclosures required by paragraph (b) of subsection 1.

Sec. 45. 1. A licensee shall maintain at all times permissible investments that have a market value computed in accordance with generally accepted accounting principles in the United States of not less than the aggregate amount of all of the outstanding money transmission obligations of the licensee.

2. Except for the permissible investments specified in subsection 1 of section 46 of this act, the Commissioner, with respect to any licensee, may limit the extent to which a specific investment maintained by a licensee within a class of permissible investments may be considered a permissible investment if the specific investment represents an undue risk to customers not reflected in the market value of investments.

3. Permissible investments, even if commingled with other assets of the licensee, are held in trust for the benefit of the purchasers and holders of the outstanding money transmission obligations of the licensee if any of the following occurs:

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(a) Insolvency;

(b) The filing of a petition by or against the licensee pursuant to the provisions of United States Bankruptcy Code for bankruptcy or reorganization;

(d) The commencement of any other judicial or administrative proceeding for the dissolution or reorganization of the licensee; or

(e) An action against the licensee by a creditor who is not a beneficiary of this statutory trust.

4. A permissible investment impressed with a trust pursuant to subsection 3 is not subject to attachment, levy of execution or sequestration by order of any court, except for a beneficiary of the statutory trust.

5. Upon the establishment of a statutory trust pursuant to subsection 3 or when any money is drawn on a letter of credit pursuant to section 47 of this act, the Commissioner shall notify the applicable regulator of each other state in which the licensee is licensed to engage in money transmission, if any, of the establishment of the trust or the money drawn on the letter of credit. The notice shall be deemed satisfied if performed pursuant to a multistate agreement or through the Registry.

6. Money drawn on a letter of credit, and any other permissible investments held in trust for the benefit of the purchasers or holders of the outstanding money transmission obligations of the licensee pursuant to subsection 3, are deemed held in trust for the benefit of such purchasers and holders on a pro rata and equitable basis in accordance with statutes pursuant to which permissible investments are required to be held in this State and other states, as applicable. Any statutory trust established pursuant to subsection 3 is terminated upon extinguishment of all of the outstanding money transmission obligations of the licensee.

7. The Commissioner may allow types of investments other than the types specified in section 46 of this act that the Commissioner determines are of sufficient liquidity and quality to be a permissible investment. The Commissioner may participate in efforts with other state regulators to determine that other types of investments are of sufficient liquidity and quality to be a permissible investment.

Sec. 46. 1. The following are permissible investments for the purposes of section 45 of this act:

(a) Cash, including demand deposits, savings deposits and money in accounts held for the benefit of the customers of the licensee in a federally insured depository financial institution or privately insured depository financial institution;

(b) Cash equivalents, including, without limitation, automated clearinghouse items in transit to the licensee and automated clearinghouse items or international wires in transit to a payee, cash in transit by means of an armored car, cash in smart safes, cash in locations owned by the licensee, transmission receivables which are funded by a debit card or credit card and owed by any bank or money market mutual funds rated “AAA” by Standard and Poor’s Credit Rating Services or the equivalent from any eligible rating service;

(c) Certificates of deposit or senior debt obligation of an insured depository institution, as defined in 12 U.S.C. § 1813, as amended, insured credit union, as defined in 12 U.S.C. § 1752, as amended, or privately insured financial depository institution;

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(d) An obligation of the United States or a commission, agency or instrumentality thereof;

(e) An obligation that is guaranteed fully as to principal and interest by the United States;

(f) An obligation of a state or a governmental subdivision, agency or instrumentality thereof;

(g) The full drawable amount of an irrevocable standby letter of credit for which the stated beneficiary is the Division of Financial Institutions and which:

(1) Stipulates that the beneficiary need only draw a sight draft under the letter of credit and present it to obtain money up to the letter of credit amount within 7 days of presentation of the items required by section 47 of this act; and

(2) Satisfies the requirements set forth in section 47 of this act; and

(h) One hundred percent of the surety bond or deposit provided pursuant to NRS 671.100 and 671.110 that exceeds the average daily money transmission liability in this State.

2. Except as otherwise provided in subsection 3, the following investments are permissible investments subject to the limitations set forth in this subsection:

(a) Receivables that are payable to a licensee from the authorized delegates of the licensee in the ordinary course of business that are less than 7 days old, except that:

(1) The total value of all such receivables may not exceed 50 percent of the aggregate value of the total permissible investments of the licensee; and

(2) The value of such receivables that are payable to a licensee from a single authorized delegate may not exceed 10 percent of the aggregate value of the total permissible investments of a licensee;

(b) Any of the following investments:

(1) A short-term investment of 6 months or less bearing an eligible rating;

(2) Commercial paper bearing an eligible rating;

(3) A bill, note, bond or debenture bearing an eligible rating;

(4) United States tri-party repurchase agreements collateralized at 100 percent or more with securities of the United States or an agency of the United States, municipal bonds or other securities bearing an eligible rating;

(5) Money market mutual funds rated “A-” or higher but less than “AAA” by Standard and Poor’s Credit Rating Services or the equivalent from any other eligible rating service; and

(6) A mutual fund or other investment fund composed solely and exclusively of one or more investments specified in paragraphs (a) to (f), inclusive, of subsection 1,

Ê except that the value of any single investment specified in subparagraphs (1) to (6), inclusive, may not exceed 20 percent of the aggregate value of the total permissible investments of the licensee and the total value of all such investments may not exceed 50 percent of the total permissible investments of the licensee; and

(c) Cash, including, without limitation, demand deposits, savings deposits and funds in such accounts held for the benefit of the customers of the licensee, at a foreign depository institution if the licensee has received a satisfactory rating on the most recent examination conducted on the licensee and the foreign depository institution:

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received a satisfactory rating on the most recent examination conducted on the licensee and the foreign depository institution:

(1) Has an eligible rating;

(2) Has registered with the Internal Revenue Service and obtained a global intermediary identification number in accordance with 26 C.F.R. §§ 1.1471-0 et seq.;

(3) Is not located in any country subject to sanctions from the Office of Foreign Asset Control of the United States Department of the Treasury; and

(4) Is not located in a jurisdiction that is listed on the list of high-risk jurisdictions subject to a call for action or jurisdictions under increased monitoring maintained by the Financial Action Task Force,

Ê except that the total amount of such cash may not exceed 10 percent of the aggregate value of the total permissible investments of the licensee.

3. The Commissioner may allow any investment specified in subsection 2 to exceed the limits prescribed in that subsection.

Sec. 47. 1. A letter of credit described in paragraph (g) of subsection 1 of section 46 of this act must:

(a) Be issued by a federally insured depository financial institution, privately insured depository institution, a foreign bank that is authorized by federal law to maintain a federal agency or federal branch office in a state or a foreign bank that is authorized under the laws of a state to maintain a branch office in a state that:

(1) Bears an eligible rating or whose parent company bears an eligible rating; and

(2) Is regulated, supervised and examined by federal or state authorities having regulatory authority over banks and credit unions;

(b) Be irrevocable, unconditional and indicate that it is not subject to any condition or qualification outside of the letter of credit;

(c) Not contain any reference to any other agreement, document or entity, or otherwise provide for any security interest in the licensee;

(d) Contain an issue date and expiration date, and expressly provide for automatic extension, without a written amendment, for an additional period of 1 year after the present or future expiration date, unless the issuer of the letter of credit notifies the Commissioner in writing by certified or registered mail, courier mail or other receipted means, at least 60 days before any expiration date that the irrevocable letter of credit will not be extended; and

(e) Provide that the issuer of the letter of credit will honor, at sight, a presentation made by the beneficiary to the issuer of the following documents on or before the expiration date of the letter of credit:

(1) The original letter of credit, including any amendments; and

(2) A written statement from the beneficiary stating that any of the following events has occurred:

(I) The filing of a petition by or against the licensee pursuant to the United States Bankruptcy Code for bankruptcy or reorganization;

(II) The filing of a petition by or against the licensee for receivership or the commencement of any other judicial or administrative proceeding for the dissolution or reorganization of the licensee;

(III) The Commissioner has taken possession of the business and property of a licensee pursuant to an order pursuant to NRS 671.160 on the basis of an action, violation or condition that has caused or is likely to cause the insolvency of the licensee; or

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on the basis of an action, violation or condition that has caused or is likely to cause the insolvency of the licensee; or

(IV) The beneficiary has received notice of expiration or non-extension of a letter of credit and the licensee failed to demonstrate to the satisfaction of the beneficiary that the licensee will maintain permissible investments pursuant to subsection 2.

2. If the licensee notifies the Commissioner of the expiration or nonextension of a letter of credit pursuant to paragraph (d) of subsection 1, the licensee, at least 15 days before the expiration of the letter of credit, must demonstrate to the satisfaction of the Commissioner that the licensee maintains and will continue to maintain permissible investments as required by section 45 of this act. If the licensee fails to make such a demonstration, the Commissioner may draw on the letter of credit in an amount up to the amount necessary to meet the requirement that the licensee maintain permissible investments pursuant to section 45 of this act. The draw must be offset against the outstanding money transmission obligations of the licensee. The drawn money must be held in trust by the Commissioner or the designated agent of the Commissioner, to the extent authorized by law, as agent for the benefit of the purchasers and holders of the outstanding money transmission obligations of the licensee.

3. The Commissioner may designate an agent to serve on behalf of the Commissioner as beneficiary to a letter of credit so long as the agent and letter of credit meet any requirements established by the Commissioner. The agent may serve as agent for multiple licensing authorities for a single irrevocable letter of credit if the proceeds of the drawable amount for the purposes of this section are assigned to the Commissioner.

4. The Commissioner may participate in multistate processes designed to facilitate the issuance and administration of letters of credit, including, without limitation, services provided by the Registry and the State Regulatory Registry, LLC.

Sec. 48. 1. If a licensee does not continue to meet the qualifications or satisfy the requirements that apply to an applicant for a license pursuant to this chapter, the Commissioner may suspend or revoke the license of the licensee.

2. An applicant for a license must demonstrate that the applicant meets or will meet the requirements set forth in NRS 671.100 or 671.110, as applicable, and sections 45 and 49 of this act.

Sec. 49. A licensee shall maintain at all times a tangible net worth of the greater of:

1. One hundred thousand dollars; or

2. Three percent of total assets for the first $100,000,000 in assets, 2 percent of additional assets that exceed $100,000,000 but do not exceed $1 billion and 0.5 percent of additional assets that exceed $1 billion.

Sec. 50. 1. Except as otherwise provided in section 52 of this act, a person or group of persons acting in concert seeking to acquire control of a licensee shall obtain the approval of the Commissioner before acquiring control of the licensee. A natural person is not deemed to acquire control of a licensee and is not subject to the provisions of this section when the natural person becomes a key individual in the ordinary course of business.

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2. A person or group of persons acting in concert seeking to acquire control of a licensee shall, in cooperation with the licensee, submit to the Commissioner an application in a form prescribed by the Commissioner.

3. The Commissioner may require the application submitted pursuant to subsection 2 to be submitted through the Registry or allow some or all of the information contained in the application to be submitted to the Commissioner without using the Registry.

4. The application required by subsection 2 must include the information required by NRS 671.098 for any new key individual that has not previously completed the requirements for a licensee.

5. When an applicant for acquisition of control of a licensee has submitted the application required pursuant to subsection 2 which appears to include all the items and address all of the matters that are required by the application, the application shall be considered complete. A determination by the Commissioner that an application is complete and is accepted for processing means only that the application, on its face, appears to include all of the items and address all of the matters that are required and is not an assessment of the substance of the application or of the sufficiency of the information provided.

6. When an application is filed and considered complete pursuant to this section, the Commissioner shall investigate the financial condition and responsibility, financial and business experience, competence, character and general fitness of the person or group of persons acting in concert seeking to acquire control of the licensee. The Commissioner shall approve an application for the acquisition of control pursuant to this section if the Commissioner finds that:

(a) The requirements of subsections 2 and 4 have been met, as applicable; and

(b) The financial condition and responsibility, financial and business experience, competence, character and general fitness of the person or group of persons acting in concert seeking to acquire control of a licensee and the competence, experience, character and general fitness of the key individuals and persons that would be in control of the licensee after the acquisition of control indicate that it is in the interest of the public to permit the person or group of persons acting in concert to control the licensee.

7. If an applicant for approval to acquire control of a licensee pursuant to this section avails himself, herself or itself or is otherwise subject to a multistate licensing process:

(a) The Commissioner may accept the investigation results of a state which is a lead investigative state in the multistate licensing process for the purposes of this section if the Commissioner determines that the state has sufficient staffing, expertise and minimum standards; and

(b) If this State is a lead investigative state in the multistate licensing process, the Commissioner may investigate the applicant under the time frames established by agreement through the multistate licensing process.

8. If the Commissioner denies an application for approval to acquire control of a licensee submitted pursuant to subsection 2, the Commissioner shall issue to the applicant a formal written notice of the denial not more than 30 days after the date on which the Commissioner has made the decision to deny the application. The notice must set forth the specific reasons for the denial of the application. An applicant whose application for approval to acquire control of a licensee is denied may, not more than 30 days after the date on which the notice was issued, appeal the decision and request a hearing pursuant to NRS 233B.121 to 233B.150, inclusive.

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for approval to acquire control of a licensee is denied may, not more than 30 days after the date on which the notice was issued, appeal the decision and request a hearing pursuant to NRS 233B.121 to 233B.150, inclusive.

9. Except as otherwise provided in subsection 10, the requirements of this section do not apply to any of the following:

(a) A person that acts as a proxy for the sole purpose of voting at a designated meeting of the shareholders or holders of voting shares of voting interests of a licensee of a person in control of a licensee;

(b) A person that acquires control of a licensee by devise or descent;

(c) A person that acquires control of a licensee as a personal representative, custodian, guardian, conservator or trustee or as an officer appointed by a court of competent jurisdiction or by operation of law;

(d) A person that is exempt under this chapter;

(e) A person that the Commissioner determines is not subject to this section based on the public interest;

(f) A public offering of securities of a licensee or a person in control of a licensee;

(g) An internal reorganization of a person in control of the licensee where the ultimate person in control of the licensee remains the same; or

(h) A person described in section 52 of this act.

10. Persons described in paragraphs (b), (c), (d), (f) and (g) of subsection 9, in cooperation with the licensee, shall notify the Commissioner within 15 days after the date on which the person acquires control of the licensee.

11. For the purposes of this section, a group of persons “act in concert” when two or more persons knowingly act together with a common goal of jointly acquiring control of a licensee, regardless of whether the persons act pursuant to an express agreement.

Sec. 51. 1. Before filing an application for approval to acquire control of a licensee pursuant to section 50 of this act, a person may request in writing a determination from the Commissioner as to whether the person would be considered a person in control of a licensee upon consummation of a proposed transaction. If the Commissioner determines that the person would not be a person in control of a licensee, the proposed person and transaction is not subject to the requirements of section 50 of this act.

2. If a multistate licensing process includes a determination pursuant to this section and the person requesting such a determination avails himself, herself or itself or is otherwise subject to a multistate licensing process:

(a) The Commissioner may accept the control determination of a state which is a lead investigative state in the multistate licensing process if the Commissioner determines that the state has sufficient staffing, expertise and minimum standards for the purposes of this section; and

(b) If this State is a lead investigative state in the multistate licensing process, the Commissioner may investigate the person in the time frames established by agreement through the multistate licensing process.

Sec. 52. The requirements of section 50 of this act do not apply to a person who has previously complied with and received approval to engage in money transmission pursuant to this chapter or was identified as a person in control of a licensee in a prior application filed with and approved by the Commissioner or by a money services business accredited state pursuant to a multistate licensing process, so long as:

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ê2023 Statutes of Nevada, Page 112 (CHAPTER 23, AB 21)ê

approved by the Commissioner or by a money services business accredited state pursuant to a multistate licensing process, so long as:

1. The person has not had a license revoked or suspended or controlled a licensee that has had a license revoked or suspended while the person was in control of the licensee in the 5 years immediately preceding the date on which the person intends to complete the acquisition of control of a licensee;

2. If the person is a licensee, the person is well managed and has received at least a satisfactory rating for compliance in the most recent examination of the licensee conducted by a money services business accredited state, if such rating was given;

3. The licensee to be acquired is projected to meet the requirements of this chapter after the acquisition of control is completed, and if the person acquiring control is a licensee, that licensee is also projected to meet the requirements of NRS 671.100 or 671.110, as applicable, and sections 45 and 49 of this act after the acquisition of control is completed;

4. The licensee to be acquired will not implement any material changes to its business plan as a result of the acquisition of control, and if the person acquiring control is a licensee, that licensee also will not implement any material changes to its business plan as a result of the acquisition of control; and

5. The person provides notice of the acquisition in cooperation with the licensee and attests to the circumstances set forth in subsections 1 to 4, inclusive, in a form prescribed by the Commissioner.

Sec. 53. 1. If a licensee adds or replaces any key individual, the licensee shall provide to the Commissioner:

(a) Notice in a manner prescribed by the Commissioner within 15 days after the effective date of the addition or replacement of the key individual; and

(b) The information required by NRS 671.098 within 45 days after the effective date of the addition or replacement of the key individual.

2. Within 90 days after the date on which the licensee has provided the notice and information required by subsection 1, the Commissioner may issue a notice of disapproval of a key individual if the Commissioner determines that, based on the competence, experience, character or integrity of the person, it would not be in the best interest of the public or of the customers of the licensee to allow the person to be a key individual of the licensee.

3. A notice of disapproval issued pursuant to subsection 2 must contain a statement of the basis for the disapproval and must be sent to the licensee and the person who has been disapproved as a key individual. A licensee who receives a notice of disapproval may appeal and request a hearing pursuant to NRS 233B.121 to 233B.150, inclusive.

4. If a multistate licensing process includes a review and disapproval process for key individuals pursuant to this section and the licensee requesting such a determination avails himself, herself or itself or is otherwise subject to a multistate licensing process:

(a) The Commissioner may accept the determination of another state if the Commissioner determines that the state has sufficient staffing, expertise and minimum standards for the purposes of this section; and

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ê2023 Statutes of Nevada, Page 113 (CHAPTER 23, AB 21)ê

(b) If this State is a lead investigative state in the multistate licensing process, the Commissioner may investigate the applicant in the time frames established by agreement through the multistate licensing process.

Sec. 54. 1. The Commissioner may participate in multistate supervisory processes established between states and coordinated through the Conference of State Bank Supervisors, the Money Transmitter Regulators Association and the affiliates and successors thereof for all licensees that hold licenses in this State and in other states. As a participant in such a process, the Commissioner may:

(a) Cooperate, coordinate and share information with other state and federal regulators in accordance with the provisions of this chapter;

(b) Enter into written cooperation, coordination or information-sharing contracts or agreements with organizations whose membership consists of state or federal governmental agencies; and

(c) Cooperate, coordinate and share information with organizations whose membership is made up of state or federal governmental agencies if any such organization agrees to maintain the confidentiality and security of the shared information pursuant to section 37 of this act.

2. The Commissioner may not waive, and nothing in the provisions of this section constitutes a waiver of, the authority of the Commissioner to conduct an examination or investigation or otherwise take action authorized by the provisions of this chapter or the regulations adopted pursuant thereto to enforce compliance with applicable state or federal laws.

3. A joint examination or investigation or acceptance of an examination or investigation report does not waive the fee set forth in NRS 671.120.

Sec. 55. 1. If state money transmission jurisdiction is conditioned on a federal law, any inconsistencies between a provision of this chapter and the federal law governing money transmission is governed by the applicable federal law to the extent of the inconsistency.

2. If there is an inconsistency between this chapter and a federal law that governs pursuant to subsection 1, the Commissioner may provide interpretive guidance that:

(a) Identifies the inconsistency; and

(b) Identifies the appropriate means of compliance with federal law.

Sec. 56. 1. A licensee shall, within 90 days after the end of each fiscal year or within such extended period as approved by the Commissioner, file with the Commissioner:

(a) An audited financial statement of the licensee for the fiscal year prepared in accordance with generally accepted accounting principles in the United States; and

(b) Any other information the Commissioner may reasonably require.

2. The audited financial statement filed pursuant to subsection 1 must:

(a) Be prepared by an independent certified public accountant or independent public account who is satisfactory to the Commissioner.

(b) Include or be accompanied by a certificate of opinion of the independent certified public accountant or independent public accountant, as applicable, that is satisfactory in form and content to the Commissioner. If such a certificate or opinion is qualified, the Commissioner may order the licensee to take any action the Commissioner deems necessary to enable the independent certified public accountant or independent public accountant to remove the qualification.

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to enable the independent certified public accountant or independent public accountant to remove the qualification.

Sec. 57. A licensee and an authorized delegate shall file all reports required by reporting requirements relating to federal currency reporting, recordkeeping and suspicious activity reporting as set forth in the Bank Secrecy Act and other federal and state laws pertaining to money laundering. A licensee and an authorized delegate who timely files with the appropriate federal agency a report required pursuant to this section that is complete and accurate shall be deemed to comply with the requirements of this section.

Sec. 58. 1. A licensee shall maintain the following records for at least 5 years:

(a) A record of each outstanding money transmission obligation sold;

(b) A general ledger posted at least monthly that contains all asset, liability, capital, income and expense accounts;

(d) A record of each outstanding money transmission obligation;

(e) A record of each outstanding money transmission obligation paid during the 5-year period;

(f) A list of the last known name and address of each of the authorized delegates of the licensee; and

(g) Any other records the Commissioner reasonably requires by regulation.

2. A licensee may maintain the records required to be maintained by subsection 1:

(a) In any form; and

(b) Outside of this State, so long as any such record is made available to the Commissioner with 5 business days’ notice that is sent in a record.

3. The records required to be maintained pursuant to subsection 1 are open to inspection by the Commissioner pursuant to NRS 671.120.

Sec. 59. 1. A licensee shall file a report with the Commissioner within 1 business day after the licensee has reason to know of the occurrence of any of the following events:

(a) The filing of a petition by or against the licensee for bankruptcy or reorganization pursuant to the United States Bankruptcy Code;

(b) The filing of a petition by or against the licensee for receivership, the commencement of any other judicial or administrative proceeding for the dissolution or reorganization of the licensee or the making of a general assignment for the benefit of the creditors of the licensee; or

(c) The commencement of a proceeding to revoke or suspend the license of the licensee in a state or country in which the licensee engages in business or is licensed.

2. A licensee shall file a report with the Commissioner within 3 business days after the licensee has reason to know of the occurrence of any of the following events:

(a) A charge or conviction of the licensee or of a key individual or person in control of the licensee for a felony; or

(b) A charge or conviction of an authorized delegate for a felony.

Sec. 60. 1. Except as otherwise provided by regulation of the Commissioner, a licensee shall submit to the Commissioner a report of condition within 45 days after the end of the calendar quarter, or within any extended period that the Commissioner may prescribe.

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within any extended period that the Commissioner may prescribe. The report of condition must include, without limitation:

(a) Financial information concerning the licensee;

(b) Nationwide and state-specific money transmission transaction information in every jurisdiction in the United States where the licensee is licensed to engage in money transmission;

(d) A report identifying each foreign country to which the licensee transmitted money or credits and the amount of money or credits transmitted, if applicable; and

(e) Any other information the Commissioner may reasonably require.

2. The Commissioner may use the Registry for the submission of the report required by subsection 1. The Commissioner may, by regulation, waive, modify or alter the requirements of subsection 1 to carry out the purposes of this chapter and maintain consistency with reporting requirements of the Registry.

Sec. 61. 1. Each licensee shall submit to the Commissioner a report concerning each authorized delegate of the licensee within 45 days after the end of the calendar quarter. The report must include, without limitation, the following information for each authorized delegate:

(a) The legal name of the company;

(b) Taxpayer employer identification number;

(d) Physical address;

(e) Mailing address;

(f) Any business conducted in other states;

(g) Any fictitious or trade name;

(h) The name, phone number and electronic mail address for the contact person of the authorized delegate;

(i) The date upon which the authorized delegate was designated as an authorized delegate of the licensee;

(j) The date upon which the authorized delegate ceased being an authorized delegate for the licensee, if applicable;

(k) Any court order concerning the licensee pursuant to section 40 of this act; and

(l) Any other information the Commissioner may reasonably require with respect to the authorized delegate.

2. The Commissioner may use the Registry for the submission of the report required by this section provided that such functionality is consistent with the requirements of this section.

Sec. 62. 1. The Commissioner may issue an order suspending or revoking the designation of an authorized delegate if the Commissioner finds that:

(a) The authorized delegate committed a violation of any provision of this chapter or any regulation adopted or order issued by the Commissioner pursuant to this chapter;

(b) The authorized delegate did not cooperate with an examination or investigation by the Commissioner;

(d) The authorized delegate has been convicted of a violation of a state or federal anti-money laundering statute;

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(e) The competence, experience, character or general fitness of the authorized delegate or a person in control of the authorized delegate indicates that it is not in the public interest to permit the authorized delegate to provide money transmission; or

(f) The authorized delegate has engaged in an unsafe or unsound practice.

2. In determining whether an authorized delegate has engaged in an unsafe or unsound practice pursuant to paragraph (f) of subsection 1, the Commissioner may consider the size and condition of the provision of money transmission by the authorized delegate, the magnitude of the loss, the gravity of the violation of any provision of this chapter or any regulation adopted or order issued by the Commissioner pursuant to this chapter and the previous conduct of the licensee.

3. An authorized delegate may apply for relief from a suspension or revocation of designation as an authorized delegate according to procedures prescribed by the Commissioner.

Sec. 63. 1. The Commissioner may issue an order requiring a licensee or authorized delegate to cease and desist from a violation of any provision of this chapter or any regulations adopted pursuant thereto or order issued by the Commissioner pursuant thereto if the Commissioner determines that the violation is likely to cause:

(a) Immediate and irreparable harm to the licensee, the customers of the licensee or the public; or

(b) Insolvency or significant dissipation of the assets of the licensee.

2. If the Commissioner issues an order against an authorized delegate pursuant to subsection 1, the Commissioner may also issue a separate order against a licensee to cease and desist from providing money transmission through the authorized delegate.

3. Except as otherwise provided in this subsection, an order issued pursuant to this section becomes effective upon service of the order and remains effective until it is set aside, in whole or in part, by the Commissioner or a reviewing court. The licensee or authorized delegate against whom a cease and desist order is issued may request a hearing on the cease and desist order pursuant to NRS 233B.121 to 233B.150, inclusive.

4. A licensee or authorized delegate against whom a cease and desist order is issued pursuant to this section may file with the Commissioner a petition requesting that the cease and desist order be set aside, limited or suspended pending the completion of the proceedings conducted pursuant to subsection 3.

Sec. 64. In any matter arising from a violation or alleged violation of the provisions of this chapter or a regulation adopted or order issued by the Commissioner pursuant thereto by a person, the Commissioner may enter into a consent order with the person to resolve the matter. Such a consent order:

1. Must be signed by the person or the authorized representative of the person and must indicate that the person agrees to the terms contained in the consent order; and

2. May provide that the consent order does not constitute an admission by the person that a violation of the provisions of this chapter or the regulations adopted or an order issued by the Commissioner pursuant thereto has occurred.

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Sec. 65. In applying and construing the provisions of this chapter, consideration must be given to the need to promote uniformity of the law with respect to money transmission among states that enact laws concerning money transmission that are substantively similar to this chapter.

Sec. 66. NRS 671.020 is hereby amended to read as follows:

671.020 [1. This] Except as otherwise provided in section 50 of this act, this chapter does not apply to any:

[(a) Bank, its parent or]

1. Federally insured depository financial institution, privately insured depository financial institution, bank holding company or any subsidiary thereof, [trust company, savings bank, savings and loan association, credit union, industrial bank or industrial loan and investment company, organized and regulated] office of an international banking corporation, foreign bank that establishes a federal branch pursuant to 12 U.S.C. § 3102, as amended, corporation organization pursuant to the 12 U.S.C. §§ 1861 to 1867, inclusive, as amended, or corporation organized pursuant to 12 U.S.C. §§ 611 to 633, inclusive, as amended, under the laws of [this] a state or of the United States . [;

(b) Foreign banking corporation licensed to do banking business in this state; or

2. [Subsection 1 does not reduce or alter any liability otherwise attaching to the sale, issuance, receipt for transmission or transmission of checks or money in any form.] Operator of a payment system to the extent that it provides processing, clearing or settlement services between or among persons exempted pursuant to this section or licensees in connection with wire transfers, credit card transactions, debit card transactions, stored value transactions, automated clearinghouse transfers or similar transfers of money.

3. Person appointed as an agent of a payee to collect and process a payment from a payor to the payee for goods or services, other than money transmission, provided to the payor by the payee, so long as:

(a) A written agreement exists between the payee and the agent directing the agent to collect and process payments from payors on behalf of the payee;

(b) The payee holds the agent out to the public as accepting payments for goods or services on behalf of the payee; and

(c) Payment for the goods and services is treated as received by the payee upon receipt by the agent so that the obligation of the payor is extinguished and there is no risk of loss to the payor if the agent fails to remit the money to the payee.

4. Person that acts as an intermediary by processing payments between an entity that has directly incurred an outstanding money transmission obligation to a sender and the designated recipient of the sender, so long as the entity:

(a) Is a licensee or exempt from licensure pursuant to this chapter;

(b) Provides a receipt, electronic record or other written confirmation to the sender identifying the entity as the provider of money transmission in the transaction; and

(c) Bears sole responsibility to satisfy the outstanding money transmission obligation to the sender, including, without limitation, the obligation to make the sender whole in connection with any failure to transmit the money to the designated recipient of the sender.

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obligation to make the sender whole in connection with any failure to transmit the money to the designated recipient of the sender.

5. Department, agency, instrumentality or agent of the United States.

6. State, county, city or any other governmental agency, subdivision, instrumentality or agent of a state.

7. Money transmission by the United States Postal Service or by an agent of the United States Postal Service.

8. Trust company that is licensed or otherwise authorized to engage in the business of a trust company in this State pursuant to chapter 669 of NRS.

9. Electronic money transfer of governmental benefits for a federal, state, county or governmental agency by a contractor on behalf of the United States or a department, agency or instrumentality thereof or on behalf of a state or governmental subdivision, agency or instrumentality thereof.

10. Board of trade designated as a contract market under the Commodity Exchange Act, 7 U.S.C. §§ 1 et seq., as amended, or a person that, in the ordinary course of business, provides clearance and settlement services for a board of trade to the extent of its operation as or for the board of trade.

11. Registered futures commission merchant under the federal commodities laws to the extent of its operation as such a merchant.

12. Person registered as a securities broker-dealer under federal or state securities laws to the extent of the operations of the person as such a securities broker-dealer.

13. Natural person employed by a licensee, authorized delegate or any person exempt from licensure pursuant to this section when acting within the scope of employment and under the supervision of the licensee, authorized delegate or exempt person as an employee and not as an independent contractor.

14. Person expressly appointed as a third-party service provider to or agent of an entity exempt pursuant to subsection 1 to the extent that:

(a) The third-party service provider or agent is engaging in money transmission on behalf of and pursuant to a written agreement with the exempt entity that sets forth the specific functions that the third-party service provider or agent is to perform; and

(b) The exempt entity assumes all risk of loss and legal responsibility for satisfying the outstanding money transmission obligations owed to purchasers and holders of the outstanding money transmission obligations upon receipt by the third-party service provider of the money or monetary value of the purchaser or holder.

15. Employer who performs payroll services on his or her own behalf or on behalf of an affiliate of an employer.

16. Professional employer organization, as defined in NRS 611.400, who performs payroll services.

17. Person exempt by regulation or order of the Commissioner pursuant to section 34 of this act.

Sec. 67. NRS 671.040 is hereby amended to read as follows:

671.040 1. A person shall not engage in the business of [selling or issuing checks or of receiving for] money transmission or [transmitting money or credits unless the person is licensed pursuant to this chapter.]

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money or credits unless the person is licensed pursuant to this chapter.] advertise, solicit or hold himself, herself or itself out as providing money transmission unless the person:

(a) Has been issued a license pursuant to this chapter; or

(b) Is an authorized delegate of a licensee that is acting within the scope of authority conferred by a written contract with the licensee.

2. A person [shall not engage in such business as an agent except as an agent of a licensee or a payee.] must have a license or be an authorized delegate described in paragraph (b) of subsection 1 regardless of the location or method that the person uses to engage in the business of money transmission, including, without limitation, at a kiosk, through the Internet, through any telephone, facsimile machine or other telecommunication device or through any other machine, network, system, device or means.

Sec. 68. NRS 671.050 is hereby amended to read as follows:

671.050 1. Every application for a license required pursuant to this chapter must be in writing, signed by the applicant, and in the form and medium prescribed by the Commissioner.

2. The application must contain:

(a) [The name and principal business address] A list of any criminal convictions of the applicant [and, if incorporated, the date and place of its incorporation;] and any material litigation in which the applicant has been involved in the 10 years immediately preceding the date on which the application is submitted;

(b) [The name and address of each of the applicant’s branch offices, subsidiaries or affiliates, if any, which will be operated under the license;] A description of any money transmission previously provided by the applicant and the money transmission that the applicant seeks to provide in this State;

(c) [The name and addresses, business and residential, of the proprietor or partners of the applicant or, if the applicant is a corporation or association, of each of the directors, trustees and principal officers, and of any stockholder who owns 20 percent or more of] A list of the applicant’s [stock; and] proposed authorized delegates and the locations in this State where the applicant and authorized delegates propose to engage in money transmission;

(d) A list of other states in which the applicant is licensed to engage in money transmission and any suspension or revocation of such a license or other disciplinary action taken against the applicant in another state;

(e) Information concerning any proceeding involving bankruptcy or receivership affecting the applicant or a person in control of the applicant;

(f) A sample form of contract for authorized delegates, if applicable;

(g) A sample form of payment instrument or stored value, as applicable;

(h) The name and address of any federally insured depository financial institution or privately insured depository financial institution through which the applicant plans to conduct money transmission; and

(i) Such other pertinent information as the Commissioner or the Registry requires.

3. [The] If the applicant is a business entity, the application must also contain:

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(a) The date on which the applicant was incorporated or formed and the state or country in which the applicant was incorporated or formed;

(b) A certificate of good standing from the state or country in which the applicant was incorporated or formed, if applicable;

(c) A brief description of the structure or organization of the applicant, including, without limitation, information concerning any parents or subsidiaries of the applicant and whether any parent or subsidiary is publically traded;

(d) The legal name, any fictitious or trade name, each business and residential address and the employment history, as applicable, in the 10 years immediately preceding the submission of the application of each key individual and person in control of the applicant;

(e) A list of any criminal convictions and material litigation in which a person in control of the applicant that is not a natural person has been involved in the 10 years immediately preceding the submission of the application;

(f) A copy of audited financial statements of the applicant for the most recent fiscal year and for the 2 years immediately preceding the submission of the application;

(g) A certified copy of unaudited financial statements of the applicant for the most recent fiscal quarter;

(h) If the applicant is a publicly traded corporation, a copy of the most recent report filed with the United States Securities and Exchange Commission pursuant to 15 U.S.C. § 78m, as amended;

(i) If the applicant is a wholly owned subsidiary of:

(1) A corporation publicly traded in the United States, a copy of audited financial statements for the parent corporation for the most recent fiscal year or a copy of the most recent report filed by the parent corporation pursuant to 15 U.S.C. § 78m, as amended; or

(2) A corporation publicly traded outside the United States, a copy of documentation similar to that described in subparagraph (1) filed with the regulator of the domicile of the parent corporation outside the United States;

(j) The name and address of the registered agent of the applicant in this State; and

(k) Such other pertinent information as the Commissioner or Registry requires.

4. In addition to the application required by subsection 2, the applicant must [be accompanied by:] also provide to the Commissioner:

(a) A surety bond or securities as required by this chapter.

(b) [A certified] An audited financial statement, satisfactory to the Commissioner, showing that the applicant’s tangible net worth [exceeds $100,000, unless the applicant’s surety bond or the securities deposited pursuant to NRS 671.110 are in at least twice the minimum principal sum required by NRS 671.100.] meets the requirements set forth in section 49 of this act.

(c) A nonrefundable fee of not more than $500 for the application and survey. The applicant shall also pay such additional expenses incurred in the process of investigation as the Commissioner deems necessary.

(d) A fee of not less than $200 or more than $400, prorated on the basis of the licensing year as provided by the Commissioner.

[4.] 5. The Commissioner shall adopt regulations establishing [the] :

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(a) The form and medium of any additional content required to be included in an application for a license. The regulations may require such an application to be in such form and medium and contain such additional content that the Commissioner determines to be necessary to carry out the purposes of this chapter and maintain consistency with the licensing standards and practices of the Registry.

(b) The amount of the fees required pursuant to this section. All money received by the Commissioner pursuant to this section must be placed in the Investigative Account created by NRS 232.545.

[5.] 6. The Commissioner shall consider an application to be withdrawn if the Commissioner has not received all information and fees required to complete the application within 6 months after the date the application is first submitted to the Commissioner or within such later period as the Commissioner determines in accordance with any existing policies of joint regulatory partners. If an application is deemed to be withdrawn pursuant to this subsection or if an applicant otherwise withdraws an application, the Commissioner may not issue a license to the applicant unless the applicant submits a new application and pays any required fees.

Sec. 69. NRS 671.060 is hereby amended to read as follows:

671.060 1. [Upon the filing of] When an applicant for a license has submitted the application [, payment of the] required pursuant to NRS 671.050 which appears to include all the items and address all of the matters that are required by that section, submitted the information required pursuant to NRS 671.098 and paid all applicable fees and [approval of] the Commissioner has approved the surety bond or securities [,] of the applicant, the application shall be considered complete.

2. A determination by the Commissioner that an application is complete pursuant to subsection 1 and is accepted for processing means only that the application, on its face, appears to include all of the items and address all of the matters that are required and is not an assessment of the substance of the application or the sufficiency of the information.

3. When an application is filed and considered complete pursuant to this section, the Commissioner shall investigate the financial condition and responsibility, the financial and business experience, and the character and general fitness of the applicant and may investigate any partners, directors, trustees , [or] principal officers , proposed key individuals or persons in control of the applicant.

[2. If]

4. In investigating an applicant pursuant to subsection 3, the Commissioner [determines that the business of the applicant will be conducted lawfully, honestly, fairly and efficiently, the] may conduct an on-site investigation of the applicant, the actual cost of which the applicant must pay.

5. The Commissioner shall issue a license to the applicant to engage in the business of [selling and issuing checks, receiving for] money transmission [or transmitting money or credits, or both.] if the Commissioner finds that:

(a) The applicant has complied with all applicable requirements set forth in this chapter for the issuance of a license; and

(b) The financial condition and responsibility, financial and business experience, competence, character and general fitness of the applicant and the competence, experience, character and general fitness of the key individuals and persons in control of the applicant indicate that it is in the interest of the public to permit the applicant to engage in money transmission.

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individuals and persons in control of the applicant indicate that it is in the interest of the public to permit the applicant to engage in money transmission.

6. If the Commissioner denies an application for a license, the Commissioner shall issue to the applicant a formal written notice of the denial setting forth the specific reasons for the denial. An applicant whose application for a license is denied may appeal and request a hearing pursuant to NRS 233B.121 to 233B.150, inclusive.

Sec. 70. NRS 671.070 is hereby amended to read as follows:

671.070 1. [A] Except as otherwise provided in this subsection, a license issued pursuant to this chapter expires on December 31 of each year, unless it is earlier surrendered, suspended or revoked. A license which is initially issued on or after November 1 and on or before December 31 of a year expires on December 31 of the year following the year in which the license was issued, unless it is earlier surrendered, suspended or revoked.

2. The license may be renewed from year to year upon the approval of the Commissioner if the licensee, on or after November 1 and on or before December 31 of each year, files an application [conforming] which:

(a) Conforms to the requirements for an initial application [.] ; and

(b) Contains a description of each material change in the information submitted to the Commissioner by the licensee in the initial application which has not yet been reported to the Commissioner.

3. An application for the renewal of the license must be accompanied by a fee of not more than $400. No investigation fee may be charged for the renewal of the license. If the application or fee for renewal is not filed within the required time, the Commissioner may reinstate the expired license if the licensee files the application, the fee for renewal and a fee of not more than $400 for late renewal, if applicable, on or before February 28 of the year following the expiration of the license.

4. The Commissioner shall adopt regulations establishing the amount of the fees required pursuant to this section. All fees collected pursuant to this section must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.

Sec. 71. NRS 671.080 is hereby amended to read as follows:

671.080 1. A license issued under this chapter is not transferable or assignable.

2. The license entitles the holder to engage in business only at the location or locations specified in the application or at a location or locations operated by [a duly appointed agent] an authorized delegate of the licensee.

3. A change must not be made in:

(a) The location of any place of business covered by the license;

(b) The name of the licensed business; or

Ê without prior notice to and approval of the Commissioner.

Sec. 72. NRS 671.092 is hereby amended to read as follows:

671.092 1. [The] To establish consistent licensing between this State and other states, the Commissioner may [,] :

(a) Implement the provisions of this chapter in a manner that is consistent with other states that have adopted laws that are substantively similar to the provisions of this chapter or multistate licensing processes; and

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(b) Participate in nationwide protocols for licensing cooperation and coordination among state regulators if the protocols are consistent with the provisions of this chapter.

2. The Commissioner may, in furtherance of his or her duties with respect to the issuance and renewal of licenses pursuant to this chapter, participate in the Nationwide Multistate Licensing System and Registry. The Commissioner may take any action with respect to participation in the Registry that the Commissioner deems necessary to carry out his or her duties, including, without limitation:

(a) Facilitating and participating in the establishment and implementation of the Registry;

(b) Establishing relationships or contracts with the Registry or other entities designated by the Registry;

(d) Taking any action the Commissioner deems necessary to coordinate multistate licensing processes and supervision processes through the Registry;

(e) Authorizing the Registry to, on behalf of the Commissioner, collect and process any fees associated with licensure, examinations, fines, assessments and any other similar fees;

[(e)] (f) Taking any action the Commissioner deems necessary to facilitate communication between this State and licensees or other persons subject to the provisions of this chapter;

(g) Requiring an applicant for a license or a licensee to use the Registry to:

(1) Apply for the issuance or renewal of a license;

(2) Amend or surrender a license;

(3) Submit any reports or the results of any examination that the Commissioner may require;

(4) Pay any applicable fees; and

(5) Engage in any other activity that the Commissioner may require; [and

(f)] (h) Requiring an applicant for the acquisition of control of a licensee to use the Registry to submit the application required by section 50 of this act;

(i) Authorizing the Registry to, on behalf of the Commissioner, collect fingerprints in order to receive or conduct a background check on the criminal history of an applicant for a license or a licensee [.

2.] ; and

(j) Require the use of the Registry for any other aspect of licensing that the Commissioner deems necessary.

3. The Commissioner may use the forms, processes and functionalities of the Registry to implement the requirements of this chapter. If the Registry does not provide functionality, forms or processes necessary to implement a requirement set forth in this chapter, the Commissioner may strive to implement the requirement in a manner that facilitates uniformity with respect to licensing, supervision, reporting and regulation of licensees which are licensed in multiple jurisdictions.

4. An applicant for a license , an applicant for the acquisition of a licensee or a licensee shall, in addition to any other fees associated with the license, pay all applicable charges to use the Registry, including, without limitation, any processing charges established by the administrator of the Registry.

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license, pay all applicable charges to use the Registry, including, without limitation, any processing charges established by the administrator of the Registry.

[3.] 5. The Commissioner may adopt any regulations the Commissioner determines to be necessary or appropriate to carry out the provisions of this section. Such regulations may, without limitation, establish any additional procedures and requirements for participation in the Registry [.

4.] that the Commissioner determines are consistent with law, public interest and the purposes of this section.

6. The provisions of this section shall not be construed to replace or affect the authority of the Commissioner to grant, deny, suspend, terminate, revoke or refuse to renew a license.

Sec. 73. NRS 671.098 is hereby amended to read as follows:

671.098 1. In addition to any other requirements set forth in this chapter, each natural person who is an applicant for the issuance of a license pursuant to [this chapter and] NRS 671.050, each natural person in control of such an applicant, each owner, officer, director and [responsible person] proposed key individual of the applicant, each natural person [in] who seeks to acquire control of [the applicant] a licensee pursuant to section 50 of this act, each person who becomes a key individual of a licensee and any other person the Commissioner may require in accordance with guidelines of the Registry or other multistate agreements shall submit to the Commissioner through the Registry:

(a) [A] Except as otherwise provided in subsection 5, a complete set of fingerprints for submission to the Federal Bureau of Investigation and any other governmental agency or entity authorized to receive such information for a state, national and international background check on the criminal history of the person;

(b) [Information] Except as otherwise provided in subsection 6, information concerning the personal history, financial history and experience of the person in a form prescribed by the Registry, including, without limitation, an authorization of the person for the Registry and the Commissioner to obtain:

(1) An independent credit report and credit score from a consumer reporting agency described in section 603(f) of the Fair Credit Reporting Act, 15 U.S.C. § 1681a(f), for the purpose of evaluating the financial responsibility of the person at the time of the submission of the application; and

(2) Additional independent credit reports and credit scores to confirm that the person continues to comply with any applicable requirements concerning financial responsibility;

(c) Information related to any regulatory or administrative [, civil or criminal findings made by any governmental jurisdiction concerning the person;] action and any civil litigation involving claims of fraud, misrepresentation, conversion, mismanagement of funds, breach of fiduciary duty or breach of contract;

(d) Information related to any criminal convictions or pending charges against the person; and

(e) Any other information concerning the person that the Registry or Commissioner may require.

2. [As used in this section:

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(a) “Control” has the meaning ascribed to it in NRS 682A.047.

(b) “Responsible person” means a person who is employed by an applicant and who has principal, active managerial authority over the provision of services in this State.] In addition to the requirements set forth in subsection 1, if a natural person described in subsection 1 has resided outside of the United States at any time in the 10 years immediately preceding the date on which the applicable application or notice is submitted to the Commissioner pursuant to NRS 671.050 or section 50 or 53 of this act, the natural person must also submit to the Commissioner, through the Registry, an investigative background report prepared by an independent search firm.

3. The search firm described in subsection 2 must, at a minimum:

(a) Demonstrate to the satisfaction of the Commissioner that it has sufficient knowledge and resources and employs accepted and reasonable methodologies to conduct the research of the investigative background report; and

(b) Not be affiliated with or have an interest with the natural person it is researching.

4. The investigative background report described in subsection 2 must, at a minimum, be written in English and contain the following information:

(a) If available in the jurisdiction in which the natural person resides, a comprehensive credit report or any equivalent information obtained or generated by the independent search firm to accomplish the investigative background report, including, without limitation, a search of the court data in each country, province, state, city, town and contiguous area where the natural person resided and worked;

(b) Criminal records information for the immediately preceding 10 years, including, without limitation, information regarding any felony, misdemeanor or similar conviction for a violation of law in each country, province, state, city, town and contiguous area where the natural person resided and worked;

(d) Media history, including, without limitation, an electronic search of national and local publications, wire services and business applications; and

(e) Regulatory history relating to financial services, including, without limitation, money transmission, securities, banking, insurance and mortgage related industries.

5. The requirements of paragraph (a) of subsection 1 do not apply to a natural person who, at the time the applicable application or notice has been submitted pursuant to NRS 671.050 or section 50 or 53 of this act, resides outside of the United States and has resided outside of the United States for the 10 years immediately preceding the date on which the application or notice was submitted.

6. A natural person who does not have a social security number is not required to provide to the Commissioner information to obtain an independent credit report from a consumer reporting agency.

Sec. 74. NRS 671.100 is hereby amended to read as follows:

671.100 1. Except as provided in NRS 671.110, each licensee shall have in force a surety bond payable to the State of Nevada for the use and benefit of any purchaser or holder of any outstanding [check sold or issued by a licensee in the normal course of business] money transmission obligation and for value in the [following minimum] principal [sums:

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by a licensee in the normal course of business] money transmission obligation and for value in the [following minimum] principal [sums:

(a) For the first location granted in the license, $10,000; and

(b) For each additional location in this State where its business is conducted directly or through an agent, $5,000.

Ê The] sum of the greater of:

(a) One hundred thousand dollars; or

(b) An amount equal to 100 percent of the average daily money transmission liability in this State calculated for the most recently completed quarter, to a maximum [amount] of [any surety bond required under this subsection is $250,000.] $500,000.

2. A licensee may maintain a bond in a principal sum that exceeds $500,000. A licensee that maintains a bond in a principal sum of $500,000 or more is not required to calculate the average daily money transmission liability in this State for the purposes of subsection 1.

3. The bond must be in a form satisfactory to the Commissioner, issued by a bonding company authorized to do business in this State, and must secure the faithful performance of the obligations of the licensee respecting the [sale or issuance of checks and receipt for] provision of money transmission . [or transmission of money or credits.

3.] 4. A licensee shall, within 10 days after the commencement of any action or notice of entry of any judgment against the licensee by any creditor or claimant arising out of business regulated by this chapter, give notice thereof to the Commissioner by registered or certified mail with details sufficient to identify the action or judgment. The surety shall, within 10 days after it pays any claim or judgment to a creditor or claimant, give notice thereof to the Commissioner by registered or certified mail with details sufficient to identify the creditor or claimant and the claim or judgment so paid.

[4.] 5. Whenever the principal sum of the bond is reduced by recoveries or payments thereon, the licensee shall furnish:

(a) A new or additional bond so that the total or aggregate principal sum of the bonds equals the sum required under subsection 1; or

(b) An endorsement, duly executed by the surety reinstating the bond to the required principal sum.

[5.] 6. The liability of the surety on the bond to a creditor or claimant is not affected by any misrepresentation, breach of warranty, failure to pay a premium or other act or omission of the licensee, or by any insolvency or bankruptcy of the licensee.

[6.] 7. The liability of the surety continues as to all transactions entered into in good faith by the creditors and claimants with the licensee’s [agents] authorized delegates within 30 days after:

(a) The licensee’s death or the dissolution or liquidation of the licensee’s business; or

(b) The termination of the bond,

Ê whichever event occurs first.

[7.] 8. Whenever the Commissioner determines that the protection of the public so requires, the Commissioner may order that an increase be made in the principal sum of the bond of any licensee, except that the Commissioner may not order an increase of more than $10,000 if the licensee has submitted a current financial statement, or more than $15,000 otherwise.

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[8.] 9. Neither a licensee nor the licensee’s surety may cancel or alter a bond except after notice to the Commissioner by registered or certified mail. The cancellation or alteration is not effective until 10 days after receipt of the notice by the Commissioner. A cancellation or alteration does not affect any liability incurred or accrued on the bond before the expiration of the 30-day period designated in subsection [6.] 7.

Sec. 75. NRS 671.120 is hereby amended to read as follows:

671.120 1. [Except as otherwise provided in subsection 4, once each year the] The Commissioner shall , as often as the Commissioner determines to be necessary, examine the financial accounts of each licensee and any other documents relevant to the conduct of the licensee’s business [,] and [the Commissioner] may conduct other examinations [at additional times.] of a licensee or authorized delegate that the Commissioner determines to be necessary. The Commissioner may take any action authorized by the provisions of this chapter or the regulations adopted pursuant thereto as reasonably necessary or appropriate to administer and enforce the provisions of this chapter, the regulations adopted pursuant thereto and other applicable law, including, without limitation, the Bank Secrecy Act and the USA Patriot Act.

2. For the purpose of [the examinations,] an examination conducted pursuant to subsection 1, the Commissioner may [enter] :

(a) Enter upon any of the business premises of a licensee or the licensee’s [agents] authorized delegates and obtain access to the relevant documents. [Any obstruction or denial of such an entry or access is a violation of this chapter.]

(b) Conduct such an examination on-site or off-site as the Commissioner may reasonably require.

(c) Conduct such an examination in conjunction with an examination conducted by a representative of another agency of this State, an agency of another state or an agency of the federal government.

(d) Accept the examination report of another agency of this State, an agency of another state or an agency of the federal government. Upon acceptance by the Commissioner, such an examination report shall be considered an official report of the Commissioner.

(e) Summon and examine under oath a key individual or employee of a licensee or authorized delegate and require the key individual or employee to produce records regarding any matter related to the condition and business of the licensee or authorized delegate.

3. The Commissioner is entitled to full access to all records the Commissioner reasonably requires to conduct a complete examination. A licensee or authorized delegate shall provide all such records at the location and in the format specified by the Commissioner. Any person who obstructs or denies the Commissioner entry onto the business premises of a licensee or authorized delegate or access to the relevant documents of a licensee or authorized delegate commits a violation of this chapter.

4. The Commissioner may use multistate record production standards and examination procedures if the Commissioner determines that such standards will reasonably achieve the requirements of this section.

5. For each examination of a licensee or an authorized delegate of the licensee, the Commissioner shall charge and collect from the licensee a fee for conducting the examination and in preparing and typing the report at the rate established and, if applicable, adjusted pursuant to NRS 658.101.

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[4. The Commissioner may accept a report of an audit of the licensee which covers the most recent fiscal year in lieu of conducting an examination.]

Secs. 76 and 77. (Deleted by amendment.)

Sec. 78. NRS 671.170 is hereby amended to read as follows:

671.170 1. The Commissioner may conduct any necessary investigations and hearings to determine whether any licensee , authorized delegate or other person has violated any of the provisions of this chapter or whether any licensee has conducted himself or herself in a manner which requires the suspension, revocation or denial of renewal of his or her license.

2. In conducting any investigation or hearing pursuant to this chapter, the Commissioner, or any person designated by the Commissioner, may require the attendance and testimony of any person and compel the production of all relevant books, records, accounts and other documents. The Commissioner shall charge and collect from each licensee or other person a fee at the rate established and, if applicable, adjusted pursuant to NRS 658.101 for the cost of any supervision, audit, examination, investigation or hearing conducted pursuant to this chapter or any regulations adopted pursuant thereto.

3. [Each licensee shall submit to the Registry, on or before April 15 of each year, an annual report of condition on a form prescribed by the Commissioner.] The Commissioner may require any licensee to submit such reports concerning the licensee’s business as the Commissioner deems necessary for the enforcement of this chapter.

4. Except as otherwise provided in NRS 239.0115, and section 37 of this act, all reports of investigations and examinations and other reports rendered pursuant to this section, [and] all correspondence and memoranda relating to or arising therefrom, including any authenticated copies thereof in the possession of any licensee or the Commissioner, and all other information related to an examination or investigation are confidential communications, are not subject to any subpoena, and must not be made public unless the Commissioner determines that justice and the public advantage will be served by their publication. This subsection does not preclude any party to an administrative or judicial proceeding from introducing into evidence any information or document otherwise available or admissible.

Sec. 79. NRS 671.180 is hereby amended to read as follows:

671.180 1. If the Commissioner has reason to believe that grounds exist for the suspension, revocation or denial of renewal of a license, the Commissioner shall give 10 days’ written notice to the licensee, stating the grounds therefor, and shall set a date for a hearing, if a hearing is requested by the licensee. If the protection of the public so requires, the Commissioner may suspend the license at any time before the hearing.

2. At the conclusion of the hearing, the Commissioner shall enter a written order either dismissing the charges or suspending, revoking or denying the renewal of the license. The order must include a statement of the grounds for the action taken by the Commissioner and becomes effective 10 days after receipt of a copy of the order by the licensee at the licensee’s principal place of business. The Commissioner may immediately suspend, revoke or deny the renewal of the license in a case where the licensee has failed to maintain in effect the required surety bond or insurance policy.

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3. The grounds for suspension, revocation or denial of renewal of a license are [:] that:

(a) [Failure] The licensee has failed to pay the annual fee for renewal or the fee for late renewal;

(b) [Failure] The licensee has failed to maintain in effect the required bond or securities;

(c) [Fraud,] The licensee has committed an act of fraud, misrepresentation or [omission of] gross negligence or has omitted any material fact in any application, statement or report;

(d) [Failure] The licensee has failed to pay any judgment arising from the licensee’s business within 30 days after the judgment becomes final or within 30 days after the expiration of a stay of execution on the judgment; [or]

(e) [Violation] The licensee has failed to cooperate with an examination or investigation by the Commissioner;

(f) The competence, experience, character or general fitness of the licensee, an authorized delegate of the licensee, a responsible person of such an authorized delegate, a person in control of the licensee or a key individual of the licensee indicates that it is not in the public interest to allow the licensee to provide money transmission;

(g) The licensee has engaged in an unsafe or unsound practice;

(h) The licensee is insolvent, suspends payment of its obligations or makes a general assignment for the benefit of its creditors;

(i) The licensee has not removed an authorized delegate of the licensee after the Commissioner issued and served on the licensee a final order that includes a finding that the authorized delegate has committed a violation of any provision of this chapter or any regulation adopted or order issued by the Commissioner pursuant to this chapter [.] ;

(j) An authorized delegate of the licensee, as a result of the willful misconduct or willful blindness of the licensee, has been convicted of a violation of a state or federal anti-money laundering statute or has committed a violation of any provision of this chapter or any regulation adopted or order issued by the Commissioner pursuant to this chapter; or

(k) The licensee has committed a violation of any provision of this chapter or any regulation adopted or order issued by the Commissioner pursuant to this chapter.

4. In determining whether a licensee has engaged in an unsafe or unsound practice pursuant to paragraph (g) of subsection 3, the Commissioner may consider the size and condition of the money transmission of the licensee, the magnitude of the loss, the gravity of the violation of the provisions of this chapter or the regulations adopted or order issued by the Commissioner pursuant thereto and the previous conduct of the licensee.

5. Any action taken by the Commissioner pursuant to this section is subject to judicial review in the first judicial district court.

Sec. 80. (Deleted by amendment.)

Sec. 81. NRS 671.190 is hereby amended to read as follows:

671.190 1. Any person who:

(a) Without a license, knowingly engages in any activity for which a license is required pursuant to this chapter;

(b) Violates any provision of this chapter, or any regulation adopted or order issued by the Commissioner pursuant to this chapter;

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ê2023 Statutes of Nevada, Page 130 (CHAPTER 23, AB 21)ê

[(b)] (c) Knowingly makes any false or misleading statement of a material fact in any application, statement or report filed pursuant to this chapter;

[(c)] (d) Knowingly omits to state any material fact necessary to provide the Commissioner with information lawfully required by the Commissioner; or

[(d)] (e) Refuses to permit or obstructs any lawful investigation, examination, entry or access by the Commissioner,

Ê is guilty of a misdemeanor.

2. Each day during which a violation continues constitutes a separate offense.

3. The imposition of any fine or term of imprisonment pursuant to subsection 1:

(a) Is in addition to any suspension, revocation or denial of renewal of a license which may result from the violation.

(b) Is not a bar to enforcement of this chapter by an injunction or other appropriate civil remedy.

Sec. 82. NRS 239.010 is hereby amended to read as follows:

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ê2023 Statutes of Nevada, Page 131 (CHAPTER 23, AB 21)ê

392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 37 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public.

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ê2023 Statutes of Nevada, Page 132 (CHAPTER 23, AB 21)ê

or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

(a) The public record:

(1) Was not created or prepared in an electronic format; and

(2) Is not available in an electronic format; or

(b) Providing the public record in an electronic format or by means of an electronic medium would:

(1) Give access to proprietary software; or

(2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.

5. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:

Sec. 83. Notwithstanding the amendatory provisions of this act, a person who, on June 30, 2023, holds a valid license issued by the Commissioner of Financial Institutions pursuant to NRS 671.060 is not required to comply with the amendatory provisions of this act until January 1, 2024, and, until that date, may engage in the business of selling or issuing checks or of receiving for transmission money or credits in accordance with the provisions of chapter 671 of NRS, as those provisions existed before July 1, 2023.

Sec. 84. NRS 671.010, 671.055, 671.090, 671.140 and 671.150 are hereby repealed.

Sec. 85. This act becomes effective on July 1, 2023.

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