[Rev. 3/13/2024 9:50:30 AM]
κ2023 Statutes of Nevada, Page 1161κ
Assembly Bill No. 213Assemblywoman Jauregui
CHAPTER 200
[Approved: June 5, 2023]
AN ACT relating to land use planning; requiring the governing body of a city or county to publish certain information on its Internet website relating to certain applications relating to land use planning; requiring the governing body of certain counties and cities to annually report certain information to the Housing Division of the Department of Business and Industry and the Advisory Committee on Housing; revising provisions relating to the procedures for review of certain applications for land use planning; revising provisions relating to the adoption of measures in certain counties relating to affordable housing; providing that certain deadlines relating to land use planning that apply to counties also apply to cities; requiring counties and cities to enact certain ordinances relating to projects for affordable housing on or before July 1, 2024; making certain legislative declarations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the governing body of certain cities or counties to include in its master plan a housing element, which includes certain information relating to housing. (NRS 278.150, 278.160) Section 1.6 of this bill requires the governing body of such a city or county to annually report this information to the Housing Division of the Department of Business and Industry and the Advisory Committee on Housing. The Housing Division is required to compile and post such reports on its Internet website. Section 12.5 of this bill requires the governing body of such a city or county to submit the first report required pursuant to section 1.6 on or before July 15, 2024.
Existing law: (1) provides that any application submitted to a governing body or its designee that concerns any matter relating to land use planning may not be accepted if the application is incomplete; and (2) sets forth a timeline and process for the governing body or its designee to review an application for completeness. (NRS 278.02327) Section 3 of this bill provides that if the governing body or its designee fails to comply with the timeline and process, the application shall be deemed to be complete. Section 3 also requires the governing body or designee to review and respond to a corrected application within 5 working days and prohibits a governing body or designee from using any preliminary application to circumvent the timeline or process in section 3.
Section 1.3 of this bill requires a governing body to publish on its Internet website a list of applications relating to land use planning in areas zoned for residential housing.
Existing law provides that if the governing body of a city or county is required to include the housing element in its master plan, the governing body is required to adopt certain measures for maintaining and developing affordable housing. (NRS 278.235) Section 5 of this bill authorizes the governing body to also offer increased residential density for multi-family or multi-story residential development as one such measure. Section 5 also revises contents of the annual report that the governing body is required to submit to the Housing Division of the Department of Business and Industry relating to affordable housing.
κ2023 Statutes of Nevada, Page 1162 (CHAPTER 200, AB 213)κ
Existing law requires a subdivider to file copies of a tentative map with the planning commission or its designated representative, or with the clerk of the governing body if there is no planning commission. The tentative map is then distributed to all state and local agencies and persons charged with reviewing the proposed subdivision. If there is no planning commission, the clerk of the governing body is required to submit the tentative map to the governing body at its next meeting. If there is a planning commission, the planning commission shall, after accepting as a complete application a tentative map: (1) in a county whose population is 700,000 or more (currently only Clark County), within 45 days, approve, conditionally approve or disapprove the tentative map; or (2) in a county whose population is less than 700,000 (currently all counties other than Clark County), approve, conditionally approve or disapprove the tentative map. (NRS 278.330) Section 7 of this bill provides that a city within such a county is subject to the same deadlines to approve, conditionally approve or disapprove the tentative map.
Existing law provides that the planning commission or governing body, as applicable, shall recommend approval, conditional approval or disapproval of a parcel map: (1) within 45 days after accepting the parcel map as a complete application in a county whose population is 700,000 or more (currently only Clark County); or (2) within 60 days after accepting the parcel map as a complete application in a county whose population is less than 700,000 (currently all counties other than Clark County). (NRS 278.464) Section 9 of this bill provides that a city within such a county is subject to the same deadlines to recommend approval, conditional approval or disapproval of a parcel map.
Existing law provides that, under certain circumstances, a governing body or planning commission may waive the requirement for a parcel map and that a request for such a waiver must be acted upon: (1) in a county whose population is 700,000 or more (currently only Clark County) within 45 days; or (2) in a county whose population is less than 700,000 (currently all counties other than Clark County) within 60 days. (NRS 278.464) Section 9 provides that a city within such a county is subject to the same deadlines.
Existing law provides that a planning commission or governing body must take final action on a final map: (1) in a county whose population is 700,000 or more (currently only Clark County) within 45 days after accepting the final map as a complete application; or (2) in a county whose population is less than 700,000 (currently all counties other than Clark County) within 60 days after accepting the final map as a complete application. (NRS 278.4725) Section 10 of this bill provides that a city within such a county is subject to the same deadlines.
Section 12 of this bill requires, on or before July 1, 2024, the governing body of each county and city to enact: (1) an expedited process for the consideration and approval of projects for affordable housing in the county or city; and (2) incentives for the development of projects for affordable housing in the county or city.
Sections 13 and 14 of this bill make certain legislative declarations regarding this bill.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.6 of this act.
Sec. 1.3. 1. A governing body shall publish on its Internet website a list of all applications relating to land use planning for residential housing pursuant to NRS 278.010 to 278.630, inclusive.
2. The list must be updated at least monthly and include, without limitation:
κ2023 Statutes of Nevada, Page 1163 (CHAPTER 200, AB 213)κ
(a) The date an application was initially filed;
(b) The number of days an application has been pending;
(c) The number of times an application was issued a notice for incompleteness;
(d) The number of applications rejected for being incomplete; and
(e) Any other information that is relevant to determine whether applications relating to land use planning for residential housing are processed efficiently and expeditiously.
3. As used in this section, application means any established application, including, without limitation, the preliminary application established pursuant to subsection 5 of NRS 278.02327. The term does not include an application for a building permit.
Sec. 1.6. 1. If the governing body of each city or county is required to include the housing element in its master plan pursuant to NRS 278.150, the governing body shall, on or before July 15 of each year, report the following information relating to the county or city, as applicable, to the Housing Division of the Department of Business and Industry and the Advisory Committee on Housing created by NRS 319.174:
(a) An inventory of housing conditions and needs, and plans and procedures for improving housing standards and providing adequate housing to individuals and families in the community, regardless of income level.
(b) An inventory of existing affordable housing in the community, including, without limitation, housing that is available to rent or own, housing that is subsidized either directly or indirectly by this State, an agency or political subdivision of this State, or the Federal Government or an agency of the Federal Government, and housing that is accessible to persons with disabilities.
(c) An analysis of projected growth and the demographic characteristics of the community.
(d) A determination of the present and prospective need for affordable housing in the community.
(e) An analysis of any impediments to the development of affordable housing and the development of policies to mitigate those impediments.
(f) An analysis of the characteristics of the land that is suitable for residential development. The analysis must include, without limitation:
(1) A determination of whether the existing infrastructure is sufficient to sustain the current needs and projected growth of the community; and
(2) An inventory of available parcels that are suitable for residential development and any zoning, environmental and other land use planning restrictions that affect such parcels.
(g) An analysis of the needs and appropriate methods for the construction of affordable housing or the conversion or rehabilitation of existing housing to affordable housing.
(h) A plan for maintaining and developing affordable housing and market rate housing to meet the housing needs of the community for a period of at least 5 years.
2. On or before September 15 of each year, the Housing Division of the Department of Business and Industry shall compile the reports submitted pursuant to subsection 1 and post the compilation on its Internet website.
κ2023 Statutes of Nevada, Page 1164 (CHAPTER 200, AB 213)κ
3. As used in this section, market rate housing means housing for a household which has a total monthly gross income that is more than the total monthly gross income that would allow the household to qualify for affordable housing.
Sec. 2. NRS 278.010 is hereby amended to read as follows:
278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 1.3 and 1.6 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0103 to 278.0195, inclusive, have the meanings ascribed to them in those sections.
Sec. 3. NRS 278.02327 is hereby amended to read as follows:
278.02327 1. Any application submitted to a governing body or its designee that concerns any matter relating to land use planning pursuant to NRS 278.010 to 278.630, inclusive, and sections 1.3 and 1.6 of this act, or any ordinance, resolution or regulation adopted pursuant thereto, may not be accepted by the governing body or its designee if the application is incomplete.
2. The governing body or its designee shall, within [3] 10 working days after receiving an application of the type described in subsection 1:
(a) Review the application for completeness;
(b) Accept the application if the governing body or its designee finds that the application is complete or return the application if the governing body or its designee finds that the application is incomplete; and
(c) If the governing body or its designee returns the application:
(1) Provide to the applicant a specific description of the additional information required; and
(2) [If requested by the applicant, provide] Provide to the applicant a copy of the relevant provision of the ordinance, resolution or regulation which specifically requires the additional information or an explanation of why the additional information is necessary.
3. If a governing body or its designee fails to comply with the provisions of subsection 2, the application shall be deemed to be complete.
4. Once an applicant submits a corrected application in response to a notice of incompleteness provided pursuant to subsection 2, the governing body or its designee shall review and respond to the corrected application within 5 working days.
5. A governing body or its designee may establish a preliminary application process to help an applicant submit a complete application but shall not use any preliminary application process to circumvent the provisions of this section. Any preliminary application process established pursuant to this subsection must require a substantive meeting between an applicant and a governing body or its designee within 15 business days after the applicants request.
6. As used in this section:
(a) Application does not include an application for a building permit.
(b) Designee means any division, department or agency of a governing body with jurisdiction over land use planning, improvement planning, permitting, inspection, zoning, roadways, utilities, public health, water, sewer, drainage, traffic control and public works.
Sec. 4. (Deleted by amendment.)
κ2023 Statutes of Nevada, Page 1165 (CHAPTER 200, AB 213)κ
Sec. 5. NRS 278.235 is hereby amended to read as follows:
278.235 1. If the governing body of a city or county is required to include the housing element in its master plan pursuant to NRS 278.150, the governing body, in carrying out the plan for maintaining and developing affordable housing to meet the housing needs of the community, which is required to be included in the housing element pursuant to subparagraph (8) of paragraph (c) of subsection 1 of NRS 278.160, shall adopt at least six of the following measures:
(a) Reducing or subsidizing in whole or in part impact fees, fees for the issuance of building permits collected pursuant to NRS 278.580 and fees imposed for the purpose for which an enterprise fund was created.
(b) Selling land owned by the city or county, as applicable, to developers exclusively for the development of affordable housing at not more than 10 percent of the appraised value of the land, and requiring that any such savings, subsidy or reduction in price be passed on to the purchaser of housing in such a development. Nothing in this paragraph authorizes a city or county to obtain land pursuant to the power of eminent domain for the purposes set forth in this paragraph.
(c) Donating land owned by the city or county to a nonprofit organization to be used for affordable housing.
(d) Leasing land by the city or county to be used for affordable housing.
(e) Requesting to purchase land owned by the Federal Government at a discounted price for the creation of affordable housing pursuant to the provisions of section 7(b) of the Southern Nevada Public Land Management Act of 1998, Public Law 105-263.
(f) Establishing a trust fund for affordable housing that must be used for the acquisition, construction or rehabilitation of affordable housing.
(g) Establishing a process that expedites the approval of plans and specifications relating to maintaining and developing affordable housing.
(h) Providing money, support or density bonuses for affordable housing developments that are financed, wholly or in part, with low-income housing tax credits, private activity bonds or money from a governmental entity for affordable housing, including, without limitation, money received pursuant to 12 U.S.C. § 1701q and 42 U.S.C. § 8013.
(i) Providing financial incentives or density bonuses to promote appropriate transit-oriented or multi-story housing developments that would include an affordable housing component.
(j) Offering density bonuses or other incentives to encourage the development of affordable housing.
(k) Providing direct financial assistance to qualified applicants for the purchase or rental of affordable housing.
(l) Providing money for supportive services necessary to enable persons with supportive housing needs to reside in affordable housing in accordance with a need for supportive housing identified in the 5-year consolidated plan adopted by the United States Department of Housing and Urban Development for the city or county pursuant to 42 U.S.C. § 12705 and described in 24 C.F.R. Part 91.
2. A governing body may reduce or subsidize impact fees, fees for the issuance of building permits or fees imposed for the purpose for which an enterprise fund was created to assist in maintaining or developing a project for affordable housing, pursuant to paragraph (a) of subsection 1, only if:
κ2023 Statutes of Nevada, Page 1166 (CHAPTER 200, AB 213)κ
(a) When the incomes of all the residents of the project for affordable housing are averaged, the housing would be affordable on average for a family with a total gross income that does not exceed 60 percent of the median gross income for the county concerned based upon the estimates of the United States Department of Housing and Urban Development of the most current median gross family income for the county.
(b) The governing body has adopted an ordinance that establishes the criteria that a project for affordable housing must satisfy to receive assistance in maintaining or developing the project for affordable housing. Such criteria must be designed to put into effect all relevant elements of the master plan adopted by the governing body pursuant to NRS 278.150.
(c) The project for affordable housing satisfies the criteria set forth in the ordinance adopted pursuant to paragraph (b).
(d) The governing body makes a determination that reducing or subsidizing such fees will not impair adversely the ability of the governing body to pay, when due, all interest and principal on any outstanding bonds or any other obligations for which revenue from such fees was pledged.
(e) The governing body holds a public hearing concerning the effect of the reduction or subsidization of such fees on the economic viability of the general fund of the city or county, as applicable, and, if applicable, the economic viability of any affected enterprise fund.
3. On or before [January] July 15 of each year, the governing body shall submit to the Housing Division of the Department of Business and Industry a report, in the form prescribed by the Housing Division, of how the measures adopted pursuant to subsection 1 assisted the city or county in maintaining and developing affordable housing to meet the needs of the community for the preceding year. The report must include an analysis of the need for affordable housing within the city or county that exists at the end of the reporting period. The governing body shall cooperate with the Housing Division to ensure that the information contained in the report is appropriate for inclusion in, and can be effectively incorporated into, the statewide low-income housing database created pursuant to NRS 319.143.
4. On or before [February] August 15 of each year, the Housing Division shall compile the reports submitted pursuant to subsection 3 and post the compilation on the Internet website of the Housing Division.
Sec. 6. (Deleted by amendment.)
Sec. 7. NRS 278.330 is hereby amended to read as follows:
278.330 1. The initial action in connection with the making of any subdivision is the preparation of a tentative map.
2. The subdivider shall file copies of the map with the planning commission or its designated representative, or with the clerk of the governing body if there is no planning commission, together with a filing fee in an amount determined by the governing body.
3. The commission, its designated representative, the clerk or other designated representative of the governing body or, when authorized by the governing body, the subdivider or any other appropriate agency shall distribute copies of the map and any accompanying data to all state and local agencies and persons charged with reviewing the proposed subdivision.
4. If there is no planning commission, the clerk of the governing body shall submit the tentative map to the governing body at its next regular meeting.
κ2023 Statutes of Nevada, Page 1167 (CHAPTER 200, AB 213)κ
5. Except as otherwise provided by subsection 6, if there is a planning commission, it shall:
(a) In a county whose population is 700,000 or more, or in any city within such county, within 45 days; or
(b) In a county whose population is less than 700,000, or in any city within such county, within 60 days,
Κ after accepting as a complete application a tentative map, recommend approval, conditional approval or disapproval of the map in a written report filed with the governing body.
6. If the governing body has authorized the planning commission to take final action on a tentative map, the planning commission shall:
(a) In a county whose population is 700,000 or more, or in any city within such county, within 45 days; or
(b) In a county whose population is less than 700,000, or in any city within such county, within 60 days,
Κ after accepting as a complete application a tentative map, approve, conditionally approve or disapprove the tentative map in the manner provided for in NRS 278.349. The planning commission shall file its written decision with the governing body.
Sec. 8. (Deleted by amendment.)
Sec. 9. NRS 278.464 is hereby amended to read as follows:
278.464 1. Except as otherwise provided in subsection 2, if there is a planning commission, it shall:
(a) In a county whose population is 700,000 or more, or in any city within such county, within 45 days; or
(b) In a county whose population is less than 700,000, or in any city within such county, within 60 days,
Κ after accepting as a complete application a parcel map, recommend approval, conditional approval or disapproval of the map in a written report. The planning commission shall submit the parcel map and the written report to the governing body.
2. If the governing body has authorized the planning commission to take final action on a parcel map, the planning commission shall:
(a) In a county whose population is 700,000 or more, or in any city within such county, within 45 days; or
(b) In a county whose population is less than 700,000, or in any city within such county, within 60 days,
Κ after accepting as a complete application the parcel map, approve, conditionally approve or disapprove the map. The planning commission shall file its written decision with the governing body. Unless the time is extended by mutual agreement, if the planning commission is authorized to take final action and it fails to take action within the period specified in this subsection, the parcel map shall be deemed approved.
3. If there is no planning commission or if the governing body has not authorized the planning commission to take final action, the governing body or, by authorization of the governing body, the director of planning or other authorized person or agency shall:
(a) In a county whose population is 700,000 or more, or in any city within such county, within 45 days; or
(b) In a county whose population is less than 700,000, or in any city within such county, within 60 days,
κ2023 Statutes of Nevada, Page 1168 (CHAPTER 200, AB 213)κ
Κ after acceptance of the parcel map as a complete application by the governing body pursuant to subsection 1 or pursuant to subsection 3 of NRS 278.461, review and approve, conditionally approve or disapprove the parcel map. Unless the time is extended by mutual agreement, if the governing body, the director of planning or other authorized person or agency fails to take action within the period specified in this subsection, the parcel map shall be deemed approved.
4. The planning commission and the governing body or director of planning or other authorized person or agency shall not approve the parcel map unless the person proposing to divide the land has submitted an affidavit stating that the person will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of paragraph (f) of subsection 1 of NRS 598.0923, if applicable, by the person proposing to divide the land or any successor in interest.
5. Except as otherwise provided in NRS 278.463, if unusual circumstances exist, a governing body or, if authorized by the governing body, the planning commission may waive the requirement for a parcel map. Before waiving the requirement for a parcel map, a determination must be made by the county surveyor, city surveyor or professional land surveyor appointed by the governing body that a survey is not required. Unless the time is extended by mutual agreement, a request for a waiver must be acted upon:
(a) In a county whose population is 700,000 or more, or in any city within such county, within 45 days; or
(b) In a county whose population is less than 700,000, or in any city within such county, within 60 days,
Κ after the date of the request for the waiver or, in the absence of action, the waiver shall be deemed approved.
6. A governing body may consider or may, by ordinance, authorize the consideration of the criteria set forth in subsection 3 of NRS 278.349 in determining whether to approve, conditionally approve or disapprove a second or subsequent parcel map for land that has been divided by a parcel map which was recorded within the 5 years immediately preceding the acceptance of the second or subsequent parcel map as a complete application.
7. An applicant or other person aggrieved by a decision of the governing bodys authorized representative or by a final act of the planning commission may appeal the decision in accordance with the ordinance adopted pursuant to NRS 278.3195.
8. If a parcel map and the associated division of land are approved or deemed approved pursuant to this section, the approval must be noted on the map in the form of a certificate attached thereto and executed by the clerk of the governing body, the governing bodys designated representative or the chair of the planning commission. A certificate attached to a parcel map pursuant to this subsection must indicate, if applicable, that the governing body or planning commission determined that a public street, easement or utility easement which will not remain in effect after a merger and resubdivision of parcels conducted pursuant to NRS 278.4925 has been vacated or abandoned in accordance with NRS 278.480.
κ2023 Statutes of Nevada, Page 1169 (CHAPTER 200, AB 213)κ
Sec. 10. NRS 278.4725 is hereby amended to read as follows:
278.4725 1. Except as otherwise provided in this section, if the governing body has authorized the planning commission to take final action on a final map, the planning commission shall approve, conditionally approve or disapprove the final map, basing its action upon the requirements of NRS 278.472:
(a) In a county whose population is 700,000 or more, or in any city within such county, within 45 days; or
(b) In a county whose population is less than 700,000, or in any city within such county, within 60 days,
Κ after accepting the final map as a complete application. The planning commission shall file its written decision with the governing body. Except as otherwise provided in subsection 5, or unless the time is extended by mutual agreement, if the planning commission is authorized to take final action and it fails to take action within the period specified in this subsection, the final map shall be deemed approved unconditionally.
2. If there is no planning commission or if the governing body has not authorized the planning commission to take final action, the governing body or its authorized representative shall approve, conditionally approve or disapprove the final map, basing its action upon the requirements of NRS 278.472:
(a) In a county whose population is 700,000 or more, or in any city within such county, within 45 days; or
(b) In a county whose population is less than 700,000, or in any city within such county, within 60 days,
Κ after the final map is accepted as a complete application. Except as otherwise provided in subsection 5 or unless the time is extended by mutual agreement, if the governing body or its authorized representative fails to take action within the period specified in this subsection, the final map shall be deemed approved unconditionally.
3. An applicant or other person aggrieved by a decision of the authorized representative of the governing body or by a final act of the planning commission may appeal the decision in accordance with the ordinance adopted pursuant to NRS 278.3195.
4. If the map is disapproved, the governing body or its authorized representative or the planning commission shall return the map to the person who proposes to divide the land, with the reason for its action and a statement of the changes necessary to render the map acceptable.
5. If the final map divides the land into 16 lots or more, the governing body or its authorized representative or the planning commission shall not approve a map, and a map shall not be deemed approved, unless:
(a) Each lot contains an access road that is suitable for use by emergency vehicles; and
(b) The corners of each lot are set by a professional land surveyor.
6. If the final map divides the land into 15 lots or less, the governing body or its authorized representative or the planning commission may, if reasonably necessary, require the map to comply with the provisions of subsection 5.
7. Upon approval, the map must be filed with the county recorder. Filing with the county recorder operates as a continuing:
κ2023 Statutes of Nevada, Page 1170 (CHAPTER 200, AB 213)κ
(a) Offer to dedicate for public roads the areas shown as proposed roads or easements of access, which the governing body may accept in whole or in part at any time or from time to time.
(b) Offer to grant the easements shown for public utilities, which any public utility may similarly accept without excluding any other public utility whose presence is physically compatible.
8. The map filed with the county recorder must include:
(a) A certificate signed and acknowledged by each owner of land to be divided consenting to the preparation of the map, the dedication of the roads and the granting of the easements.
(b) A certificate signed by the clerk of the governing body or authorized representative of the governing body or the secretary to the planning commission that the map was approved, or the affidavit of the person presenting the map for filing that the time limited by subsection 1 or 2 for action by the governing body or its authorized representative or the planning commission has expired and that the requirements of subsection 5 have been met. A certificate signed pursuant to this paragraph must also indicate, if applicable, that the governing body or planning commission determined that a public street, easement or utility easement which will not remain in effect after a merger and resubdivision of parcels conducted pursuant to NRS 278.4925, has been vacated or abandoned in accordance with NRS 278.480.
(c) A written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.
9. A governing body may by local ordinance require a final map to include:
(a) A report from a title company which lists the names of:
(1) Each owner of record of the land to be divided; and
(2) Each holder of record of a security interest in the land to be divided, if the security interest was created by a mortgage or a deed of trust.
(b) The signature of each owner of record of the land to be divided.
(c) The written consent of each holder of record of a security interest listed pursuant to subparagraph (2) of paragraph (a), to the preparation and recordation of the final map. A holder of record may consent by signing:
(1) The final map; or
(2) A separate document that is filed with the final map and declares his or her consent to the division of land.
10. After a map has been filed with the county recorder, any lot shown thereon may be conveyed by reference to the map, without further description.
11. The county recorder shall charge and collect for recording the map a fee set by the board of county commissioners of not more than $50 for the first sheet of the map plus $10 for each additional sheet.
12. A county recorder who records a final map pursuant to this section shall, within 7 working days after he or she records the final map, provide to the county assessor at no charge:
(a) A duplicate copy of the final map and any supporting documents; or
(b) Access to the digital final map and any digital supporting documents. The map and supporting documents must be in a form that is acceptable to the county recorder and the county assessor.
Sec. 11. (Deleted by amendment.)
κ2023 Statutes of Nevada, Page 1171 (CHAPTER 200, AB 213)κ
Sec. 12. 1. On or before July 1, 2024, the governing body of each county and city shall enact by ordinance:
(a) An expedited process for the consideration and approval of projects for affordable housing in the county or city, as applicable. Such expedited process must prioritize, to the extent practicable, the processing of projects for affordable housing in the county or city, as applicable, over all other projects and allow deviation from the current process for the consideration and approval of projects for affordable housing. Any such deviation includes, without limitation, authorizing the administrative approval for any applications relating to affordable housing projects by a person authorized by the governing body.
(b) Incentives for the development of projects for affordable housing in the county or city, as applicable, that encourage the use of the expedited process required pursuant to paragraph (a).
2. As used in this section, affordable housing has the meaning ascribed to it NRS 278.0105.
Sec. 12.5. The governing body of each city or county that is required to submit a report pursuant to section 1.6 of this act shall submit the first report on or before July 15, 2024.
Sec. 13. 1. The Legislature hereby finds and declares that the efficient and expeditious processing of land use applications and improvement plans by a governing body is important to the economic health and housing supply of this State.
2. By considering and adopting the amendments to the provisions of NRS 278.02327 pursuant to section 3 of this act, the Legislature recognizes the importance of an efficient and expeditious process for the review of land use applications and improvement plans.
Sec. 14. 1. The Legislature hereby finds and declares that a consistent and robust supply of housing is an important factor in the overall affordability of housing.
2. By considering and adopting the amendments to the provisions of NRS 278.235 pursuant to section 5 of this act, the Legislature recognizes the need for more affordable housing in this State.
Sec. 15. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 16. 1. This section and sections 1 and 1.6 to 15, inclusive, of this act become effective on July 1, 2023.
2. Section 1.3 of this act becomes effective on January 1, 2024.
________
κ2023 Statutes of Nevada, Page 1172κ
Assembly Bill No. 241Assemblymen Mosca; Anderson, Bilbray-Axelrod, DSilva, Hansen, Koenig, La Rue Hatch, Taylor, Thomas and Torres
Joint Sponsors: Senators Buck, Donate, Flores, Nguyen and Pazina
CHAPTER 201
[Approved: June 5, 2023]
AN ACT relating to education; requiring pupils enrolled in a public high school to be enrolled in the courses and credits required to obtain a college and career ready high school diploma or certain diplomas that are equivalent or more rigorous; establishing exceptions to the requirement for a pupil to be enrolled in such courses and credits; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the State Board of Education to adopt regulations that prescribe the criteria for a pupil to receive a college and career ready high school diploma, which must include requirements that the pupil: (1) satisfy the criteria for receipt of a standard high school diploma; and (2) obtain a college-ready endorsement or a career-ready endorsement. Existing law requires the State Board to adopt regulations prescribing the criteria for a pupil to obtain each endorsement. (NRS 390.605) Existing law also requires a pupil enrolled in a public high school to enroll in a certain number of credits in certain subject areas. (NRS 389.018) Section 1 of this bill requires a pupil enrolled in a public high school to enroll in the courses and credits required by the State Board to receive: (1) a college and career ready high school diploma; or (2) a diploma offered by a school district that is equivalent to or more rigorous than a college and career ready high school diploma. Section 1 provides that a pupil is not required to enroll in such courses and credits if: (1) the pupil, a counselor at the school and, under certain circumstances, the parent or legal guardian of the pupil and an administrator at the school, mutually agree to a modified course of study for the pupil after the pupils ninth grade year; or (2) the pupil is a pupil with a disability and is exempted from the requirement to do so in accordance with the pupils individualized education program or a plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. Section 2 of this bill provides for the application of the amendatory provisions of this bill to certain pupils enrolled in a school district located in a county whose population is 100,000 or more (currently Clark and Washoe Counties) beginning in the 2024-2025 school year. Section 2 applies similar provisions to certain pupils enrolled in a school district located in a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties) beginning with the 2026-2027 school 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 389.018 is hereby amended to read as follows:
389.018 1. The following subjects are designated as the core academic subjects that must be taught, as applicable for grade levels, in all public schools, the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS:
κ2023 Statutes of Nevada, Page 1173 (CHAPTER 201, AB 241)κ
(a) English language arts;
(b) Mathematics;
(c) Science; and
(d) Social studies, which includes only the subjects of history, geography, economics, civics, financial literacy and multicultural education.
2. Except as otherwise provided in this subsection, a pupil enrolled in a public high school must enroll in a minimum of:
(a) Four units of credit in English language arts;
(b) Four units of credit in mathematics, including, without limitation, Algebra I and geometry, or an equivalent course of study that integrates Algebra I and geometry;
(c) Three units of credit in science, including two laboratory courses; and
(d) Three units of credit in social studies, including, without limitation:
(1) One-half unit of credit in American government;
(2) Two units of credit in American history, world history or geography; and
(3) One-half unit of credit in economics.
Κ A pupil is not required to enroll in the courses of study and credits required by this subsection if the pupil, the parent or legal guardian of the pupil and an administrator or a counselor at the school in which the pupil is enrolled mutually agree to a modified course of study for the pupil and that modified course of study satisfies at least the requirements for a standard high school diploma, an adjusted diploma or an alternative diploma, as applicable. A school district may authorize one or more public high schools in the school district to offer a combined course in American government and economics for one unit of credit which satisfies the requirements of subparagraphs (1) and (3) if the curriculum of an advanced placement course is used for American government in the combined course.
3. Except as otherwise provided in this subsection, in addition to the core academic subjects, the following subjects must be taught as applicable for grade levels and to the extent practicable in all public schools, the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS:
(a) The arts;
(b) Computer education and technology;
(c) Health; and
(d) Physical education.
Κ If the State Board requires the completion of course work in a subject area set forth in this subsection for graduation from high school or promotion to the next grade, a public school shall offer the required course work. Except as otherwise provided for a course of study in health prescribed by subsection 1 of NRS 389.021 and the instruction prescribed by subsection 1 of NRS 389.064, unless a subject is required for graduation from high school or promotion to the next grade, a charter school is not required to comply with this subsection.
4. Instruction in health and physical education provided pursuant to subsection 3 must include, without limitation, instruction concerning the importance of annual physical examinations by a provider of health care and the appropriate response to unusual aches and pains.
5. Except as otherwise provided in subsection 6, in addition to the courses of study and credits required by subsection 2, a pupil enrolled in a public high school must enroll in:
κ2023 Statutes of Nevada, Page 1174 (CHAPTER 201, AB 241)κ
(a) Any additional courses of study and credits required by the State Board to receive a college and career ready high school diploma, including, without limitation, the courses of study and credits required to receive one of the endorsements described in subsection 3 of NRS 390.605; or
(b) Any additional courses of study and credits required to receive a diploma that is awarded by a school district and is equivalent to or more rigorous than a college and career ready high school diploma.
6. A pupil is not required to enroll in the courses of study and credits required by subsection 5 if:
(a) After the pupils ninth grade year, the pupil and, to the extent practicable, the parent or legal guardian of the pupil consult with a counselor and, to the extent practicable, an administrator, at the school in which the pupil is enrolled and the pupil, counselor and, if applicable, the parent or legal guardian and administrator, mutually agree to a modified course of study for the pupil and that modified course of study satisfies at least the requirements for a standard high school diploma, an adjusted diploma or an alternative diploma, as applicable; or
(b) The pupil is a pupil with a disability and, in accordance with his or her individualized education program or a plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, is exempted from the requirement to enroll in the courses of study and credits required by this subsection.
7. As used in this section, individualized education program has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).
Secs. 1.3, 1.5 and 1.7. (Deleted by amendment.)
Sec. 2. 1. The amendatory provisions of section 1 of this act apply to pupils who are enrolled in a school district located in a county whose population is 100,000 or more and who are:
(a) Enrolled in grade 9 for the 2024-2025 school year;
(b) Enrolled in grade 9 or 10 for the 2025-2026 school year;
(c) Enrolled in grade 9, 10 or 11 for the 2026-2027 school year; and
(d) Enrolled in high school for each school year thereafter.
2. The amendatory provisions of section 1 of this act apply to pupils who are enrolled in a school district located in a county whose population is less than 100,000 and who are:
(a) Enrolled in grade 9 for the 2026-2027 school year;
(b) Enrolled in grade 9 or 10 for the 2027-2028 school year;
(c) Enrolled in grade 9, 10 or 11 for the 2028-2029 school year; and
(d) Enrolled in high school for each school year thereafter.
Sec. 3. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 4. 1. This section and section 3 of this act become 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 July 1, 2024, for all other purposes.
________
κ2023 Statutes of Nevada, Page 1175κ
Assembly Bill No. 267Assemblymen Torres; DSilva, Duran, Gonzαlez, Brittney Miller and Nguyen
Joint Sponsors: Senators Donate, Flores; and Nguyen
CHAPTER 202
[Approved: June 5, 2023]
AN ACT relating to health care; revising provisions relating to the requirement that certain medical facilities conduct training of certain agents and employees in cultural competency; requiring the Office of Minority Health and Equity of the Department of Health and Human Services to establish, maintain and distribute a list of courses and programs relating to cultural competency that certain medical facilities are required to use to conduct training of certain agents and employees; increasing the number of hours of instruction relating to cultural competency that certain health care professionals are required to complete; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that the State Board of Health shall require, by regulation, a medical facility, facility for the dependent and certain other facilities to conduct training relating specifically to cultural competency for any agent or employee of the facility so that such an agent or employee may better understand patients or residents who have different cultural backgrounds, including, without limitation, patients or residents who are: (1) from various racial and ethnic backgrounds; (2) from various religious backgrounds; (3) persons with various sexual orientations and gender identities or expressions; (4) children and senior citizens; (5) persons with a mental or physical disability; and (6) part of any other population that such an agent or employee may need to better understand. Such training relating to cultural competency must be provided through a course or program that is approved by the Department of Health and Human Services. (NRS 449.103) Section 1 of this bill: (1) requires the Board to set forth by regulation the frequency with which such a facility is required to conduct the training relating to cultural competency; and (2) creates an exception to the requirement to provide such training if an agent or employee of the facility has successfully completed a course or program of cultural competency as part of the continuing education requirements for the agent or employee to renew his or her professional license, registration or certificate, as applicable. Section 1 further limits the requirement to receive training relating to cultural competency to agents and employees who: (1) provide clinical, administrative or support services and regularly have direct patient contact as part of their regular job duties; or (2) oversee such agents or employees. Section 1 further requires the Office of Minority Health and Equity of the Department of Health and Human Services to: (1) establish and maintain a list of courses and programs on cultural competency that are approved for training relating to cultural competency; (2) make the most current list available on the Internet website of the Office; and (3) ensure that the list is distributed to each facility required to conduct the training on cultural competency. Finally, section 1: (1) authorizes a facility to apply to the Department to provide a course or program on cultural competency that is not already approved by the Department; and (2) requires the Department to report annually to certain joint interim committees of the Legislature the average length of time within which the Department approved a course or program of training in the immediately preceding year.
κ2023 Statutes of Nevada, Page 1176 (CHAPTER 202, AB 267)κ
Existing law requires, as a prerequisite for the renewal of a license, a nurse, psychologist, marriage and family therapist, clinical professional counselor, social worker or behavior analyst to complete at least 2 hours of instruction relating to cultural competency and diversity, equity and inclusion. (NRS 632.343, 641.220, 641A.260, 641B.280, 641D.360) Existing law requires, as a prerequisite for the renewal of a license or certificate, an alcohol and drug counselor or problem gambling counselor to complete at least 1 hour of instruction relating to cultural competency and diversity, equity and inclusion. (NRS 641C.450) Section 3 of this bill requires a nurse to complete at least 4 hours of such instruction. Sections 5-7 of this bill require a psychologist, marriage and family therapist, clinical professional counselor or social worker to complete at least 6 hours of instruction relating to cultural competency and diversity, equity and inclusion. Section 8 of this bill requires an alcohol and drug counselor or problem gambling counselor to complete at least 3 hours of instruction relating to cultural competency and diversity, equity and inclusion. Section 9 of this bill requires a behavior analyst to complete at least 6 hours of instruction relating to cultural competency and diversity, equity and inclusion.
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 449.103 is hereby amended to read as follows:
449.103 1. [To] Except as otherwise provided in subsection 3, to enable an agent or employee of a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed who [provides care to a patient or resident of the facility] is described in subsection 2 to more effectively treat patients or care for residents, as applicable, the Board shall, by regulation, require such a facility to conduct training relating specifically to cultural competency for any agent or employee of the facility who [provides care to a patient or resident of the facility] is described in subsection 2 so that such an agent or employee may better understand patients or residents who have different cultural backgrounds, including, without limitation, patients or residents who are:
(a) From various racial and ethnic backgrounds;
(b) From various religious backgrounds;
(c) Persons with various sexual orientations and gender identities or expressions;
(d) Children and senior citizens;
(e) Persons with a mental or physical disability; and
(f) Part of any other population that such an agent or employee may need to better understand, as determined by the Board.
Κ The Board shall set forth by regulation the frequency with which a medical facility, facility for the dependent or other facility is required to provide such training relating to cultural competency.
2. [The] Except as otherwise provided in subsection 3, the requirements of subsection 1 apply to any agent or employee of a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed who:
κ2023 Statutes of Nevada, Page 1177 (CHAPTER 202, AB 267)κ
(a) Provides clinical, administrative or support services and has direct patient contact at least once each week on average as a part of his or her regular job duties; or
(b) Oversees an agent or employee described in paragraph (a).
3. A medical facility, facility for the dependent or other facility is not required to provide training relating specifically to cultural competency to an agent or employee who is described in subsection 2 and who has successfully completed a course or program in cultural competency as part of the continuing education requirements for the agent or employee to renew his or her professional license, registration or certificate, as applicable.
4. Except as otherwise provided in subsection 6, the training relating specifically to cultural competency conducted by a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed pursuant to subsection 1 must be provided through a course or program that is approved by the Department of Health and Human Services.
5. The Office of Minority Health and Equity of the Department of Health and Human Services shall:
(a) Establish and maintain a list of the courses and programs that are approved for training relating to cultural competency pursuant to subsection 4. The Office shall make the most current list available on the Internet website of the Office.
(b) Ensure that the list established and maintained pursuant to paragraph (a) is distributed to each medical facility, facility for the dependent or other facility which is required to conduct training relating specifically to cultural competency pursuant to subsection 1.
6. A medical facility, facility for the dependent or other facility which is required to conduct training specifically relating to cultural competency may apply to the Department of Health and Human Services to provide a course or program on cultural competency that is not approved by the Department pursuant to subsection 4. Any such request must be approved or denied by the Department not later than 10 business days after the receipt of the application.
7. On or before October 1 of each year, the Department of Health and Human Services shall report the average length of time within which the Department approved a course of program or training relating to cultural competency in the immediately preceding year pursuant to subsection 4 or 6, as applicable, to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Health and Human Services and the Joint Interim Standing Committee on Commerce and Labor.
8. As used in this section:
(a) Direct patient contact means direct contact with a patient or resident of a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed which is in person or using telephone, electronic mail, telehealth or other electronic means, except that the term does not include incidental contact.
κ2023 Statutes of Nevada, Page 1178 (CHAPTER 202, AB 267)κ
(b) Telehealth has the meaning ascribed to it in NRS 629.515.
Sec. 2. (Deleted by amendment.)
Sec. 3. NRS 632.343 is hereby amended to read as follows:
632.343 1. The Board shall not renew any license issued under this chapter until the licensee has submitted proof satisfactory to the Board of completion, during the 2-year period before renewal of the license, of 30 hours in a program of continuing education approved by the Board in accordance with regulations adopted by the Board. Except as otherwise provided in subsection 3, the licensee is exempt from this provision for the first biennial period after graduation from:
(a) An accredited school of professional nursing;
(b) An accredited school of practical nursing;
(c) An approved school of professional nursing in the process of obtaining accreditation; or
(d) An approved school of practical nursing in the process of obtaining accreditation.
2. The Board shall review all courses offered to nurses for the completion of the requirement set forth in subsection 1. The Board may approve nursing and other courses which are directly related to the practice of nursing as well as others which bear a reasonable relationship to current developments in the field of nursing or any special area of practice in which a licensee engages. These may include academic studies, workshops, extension studies, home study and other courses.
3. The program of continuing education required by subsection 1 must include:
(a) For a person licensed as an advanced practice registered nurse:
(1) A course of instruction to be completed within 2 years after initial licensure that provides at least 2 hours of instruction on suicide prevention and awareness as described in subsection 6.
(2) The ability to receive credit toward the total amount of continuing education required by subsection 1 for the completion of a course of instruction relating to genetic counseling and genetic testing.
(b) For each person licensed pursuant to this chapter, a course of instruction, to be completed within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:
(1) An overview of acts of terrorism and weapons of mass destruction;
(2) Personal protective equipment required for acts of terrorism;
(3) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;
(4) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and
(5) An overview of the information available on, and the use of, the Health Alert Network.
κ2023 Statutes of Nevada, Page 1179 (CHAPTER 202, AB 267)κ
(c) For each person licensed pursuant to this chapter, one or more courses of instruction that provide at least [2] 4 hours of instruction relating to cultural competency and diversity, equity and inclusion to be completed biennially. Such instruction:
(1) May include the training provided pursuant to NRS 449.103, where applicable.
(2) Must be based upon a range of research from diverse sources.
(3) Must address persons of different cultural backgrounds, including, without limitation:
(I) Persons from various gender, racial and ethnic backgrounds;
(II) Persons from various religious backgrounds;
(III) Lesbian, gay, bisexual, transgender and questioning persons;
(IV) Children and senior citizens;
(V) Veterans;
(VI) Persons with a mental illness;
(VII) Persons with an intellectual disability, developmental disability or physical disability; and
(VIII) Persons who are part of any other population that a person licensed pursuant to this chapter may need to better understand, as determined by the Board.
(d) For a person licensed as an advanced practice registered nurse, at least 2 hours of training in the screening, brief intervention and referral to treatment approach to substance use disorder to be completed within 2 years after initial licensure.
4. The Board may determine whether to include in a program of continuing education courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction in addition to the course of instruction required by paragraph (b) of subsection 3.
5. The Board shall encourage each licensee who treats or cares for persons who are more than 60 years of age to receive, as a portion of their continuing education, education in geriatrics and gerontology, including such topics as:
(a) The skills and knowledge that the licensee needs to address aging issues;
(b) Approaches to providing health care to older persons, including both didactic and clinical approaches;
(c) The biological, behavioral, social and emotional aspects of the aging process; and
(d) The importance of maintenance of function and independence for older persons.
6. The Board shall require each person licensed as an advanced practice registered nurse to receive as a portion of his or her continuing education at least 2 hours of instruction every 4 years on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate.
κ2023 Statutes of Nevada, Page 1180 (CHAPTER 202, AB 267)κ
7. The Board shall encourage each person licensed as an advanced practice registered nurse to receive, as a portion of his or her continuing education, training and education in the diagnosis of rare diseases, including, without limitation:
(a) Recognizing the symptoms of pediatric cancer; and
(b) Interpreting family history to determine whether such symptoms indicate a normal childhood illness or a condition that requires additional examination.
8. As used in this section:
(a) Act of terrorism has the meaning ascribed to it in NRS 202.4415.
(b) Biological agent has the meaning ascribed to it in NRS 202.442.
(c) Chemical agent has the meaning ascribed to it in NRS 202.4425.
(d) Radioactive agent has the meaning ascribed to it in NRS 202.4437.
(e) Weapon of mass destruction has the meaning ascribed to it in NRS 202.4445.
Sec. 4. (Deleted by amendment.)
Sec. 5. NRS 641.220 is hereby amended to read as follows:
641.220 1. To renew a license issued pursuant to this chapter, each person must, on or before the first day of January of each odd-numbered year:
(a) Apply to the Board for renewal;
(b) Pay the biennial fee for the renewal of a license;
(c) Submit evidence to the Board of completion of the requirements for continuing education as set forth in regulations adopted by the Board; and
(d) Submit all information required to complete the renewal.
2. Upon renewing his or her license, a psychologist shall declare his or her areas of competence, as determined in accordance with NRS 641.112.
3. The Board shall, as a prerequisite for the renewal of a license, require each holder to comply with the requirements for continuing education adopted by the Board.
4. The requirements for continuing education adopted by the Board pursuant to subsection 3 must include, without limitation:
(a) A requirement that the holder of a license receive at least 2 hours of instruction on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate. The hours of instruction required by this paragraph must be completed within 2 years after initial licensure and at least every 4 years thereafter.
(b) A requirement that the holder of a license must biennially receive at least [2] 6 hours of instruction relating to cultural competency and diversity, equity and inclusion. Such instruction:
(1) May include the training provided pursuant to NRS 449.103, where applicable.
(2) Must be based upon a range of research from diverse sources.
(3) Must address persons of different cultural backgrounds, including, without limitation:
(I) Persons from various gender, racial and ethnic backgrounds;
(II) Persons from various religious backgrounds;
(III) Lesbian, gay, bisexual, transgender and questioning persons;
κ2023 Statutes of Nevada, Page 1181 (CHAPTER 202, AB 267)κ
(IV) Children and senior citizens;
(V) Veterans;
(VI) Persons with a mental illness;
(VII) Persons with an intellectual disability, developmental disability or physical disability; and
(VIII) Persons who are part of any other population that the holder of a license may need to better understand, as determined by the Board.
Sec. 6. NRS 641A.260 is hereby amended to read as follows:
641A.260 1. To renew a license to practice as a marriage and family therapist or clinical professional counselor issued pursuant to this chapter, each person must, on or before 10 business days after the date of expiration of his or her current license:
(a) Apply to the Board for renewal;
(b) Pay the fee for the biennial renewal of a license set by the Board;
(c) Submit evidence to the Board of completion of the requirements for continuing education as set forth in regulations adopted by the Board, unless the Board has granted a waiver pursuant to NRS 641A.265; and
(d) Submit all information required to complete the renewal.
2. Except as otherwise provided in NRS 641A.265, the Board shall, as a prerequisite for the renewal of a license to practice as a marriage and family therapist or clinical professional counselor, require each holder to comply with the requirements for continuing education adopted by the Board, which must include, without limitation:
(a) A requirement that the holder receive at least 2 hours of instruction on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate.
(b) A requirement that the holder receive at least [2] 6 hours of instruction relating to cultural competency and diversity, equity and inclusion. Such instruction:
(1) May include the training provided pursuant to NRS 449.103, where applicable.
(2) Must be based upon a range of research from diverse sources.
(3) Must address persons of different cultural backgrounds, including, without limitation:
(I) Persons from various gender, racial and ethnic backgrounds;
(II) Persons from various religious backgrounds;
(III) Lesbian, gay, bisexual, transgender and questioning persons;
(IV) Children and senior citizens;
(V) Veterans;
(VI) Persons with a mental illness;
(VII) Persons with an intellectual disability, developmental disability or physical disability; and
(VIII) Persons who are part of any other population that a marriage and family therapist or clinical professional counselor may need to better understand, as determined by the Board.
Sec. 7. NRS 641B.280 is hereby amended to read as follows:
641B.280 1. Every holder of a license issued pursuant to this chapter may renew his or her license annually by:
κ2023 Statutes of Nevada, Page 1182 (CHAPTER 202, AB 267)κ
(a) Applying to the Board for renewal;
(b) Paying the annual renewal fee set by the Board;
(c) Except as otherwise provided in NRS 641B.295, submitting evidence to the Board of completion of the required continuing education as set forth in regulations adopted by the Board; and
(d) Submitting all information required to complete the renewal.
2. Except as otherwise provided in NRS 641B.295, the Board shall, as a prerequisite for the renewal of a license, require the holder to comply with the requirements for continuing education adopted by the Board, which must include, without limitation:
(a) A requirement that every 2 years the holder receive at least 2 hours of instruction on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate.
(b) A requirement that every 2 years the holder receive at least [2] 6 hours of instruction relating to cultural competency and diversity, equity and inclusion. Such instruction:
(1) May include the training provided pursuant to NRS 449.103, where applicable.
(2) Must be based upon a range of research from diverse sources.
(3) Must address persons of different cultural backgrounds, including, without limitation:
(I) Persons from various gender, racial and ethnic backgrounds;
(II) Persons from various religious backgrounds;
(III) Lesbian, gay, bisexual, transgender and questioning persons;
(IV) Children and senior citizens;
(V) Veterans;
(VI) Persons with a mental illness;
(VII) Persons with an intellectual disability, developmental disability or physical disability; and
(VIII) Persons who are part of any other population that the holder of a license issued pursuant to this chapter may need to better understand, as determined by the Board.
Sec. 8. NRS 641C.450 is hereby amended to read as follows:
641C.450 Except as otherwise provided in NRS 641C.310, 641C.320, 641C.440 and 641C.530, a person may renew his or her license or certificate by submitting to the Board:
1. An application for the renewal of the license or certificate.
2. The fee for the renewal of a license or certificate prescribed in NRS 641C.470.
3. Evidence of completion of the continuing education required by the Board, which must include, without limitation:
(a) A requirement that the applicant receive at least 1 hour of instruction on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate for each year of the term of the applicants licensure or certification.
κ2023 Statutes of Nevada, Page 1183 (CHAPTER 202, AB 267)κ
(b) A requirement that the applicant receive at least [1 hour] 3 hours of instruction relating to cultural competency and diversity, equity and inclusion for each year of the term of the applicants licensure or certification. Such instruction:
(1) May include the training provided pursuant to NRS 449.103, where applicable.
(2) Must be based upon a range of research from diverse sources.
(3) Must address persons of different cultural backgrounds, including, without limitation:
(I) Persons from various gender, racial and ethnic backgrounds;
(II) Persons from various religious backgrounds;
(III) Lesbian, gay, bisexual, transgender and questioning persons;
(IV) Children and senior citizens;
(V) Veterans;
(VI) Persons with a mental illness;
(VII) Persons with an intellectual disability, developmental disability or physical disability; and
(VIII) Persons who are part of any other population that the holder of a license or certificate may need to better understand, as determined by the Board.
4. If the applicant is a certified intern, the name of the licensed or certified counselor who supervises the applicant.
5. All information required to complete the renewal.
Sec. 9. NRS 641D.360 is hereby amended to read as follows:
641D.360 1. To renew a license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician, each person must, on or before the first day of January of each odd-numbered year:
(a) Apply to the Board for renewal;
(b) Pay the biennial fee for the renewal of a license or registration;
(c) Submit evidence to the Board:
(1) Of completion of the requirements for continuing education as set forth in regulations adopted by the Board, if applicable; and
(2) That the persons certification or registration, as applicable, by the Behavior Analyst Certification Board, Inc., or its successor organization, remains valid and the holder remains in good standing; and
(d) Submit all information required to complete the renewal.
2. In addition to the requirements of subsection 1, to renew registration as a registered behavior technician for the third time and every third renewal thereafter, a person must submit to an investigation of his or her criminal history in the manner prescribed in paragraph (b) of subsection 1 of NRS 641D.300.
3. The Board shall adopt regulations that require, as a prerequisite for the renewal of a license as a behavior analyst or assistant behavior analyst, each holder to complete continuing education, which must:
(a) Be consistent with nationally recognized standards for the continuing education of behavior analysts or assistant behavior analysts, as applicable.
κ2023 Statutes of Nevada, Page 1184 (CHAPTER 202, AB 267)κ
(b) Include, without limitation, a requirement that the holder of a license receive at least 2 hours of instruction on evidence-based suicide prevention and awareness.
(c) Include, without limitation, a requirement that the holder of a license as a behavior analyst receive at least [2] 6 hours of instruction relating to cultural competency and diversity, equity and inclusion. Such instruction:
(1) May include the training provided pursuant to NRS 449.103, where applicable.
(2) Must be based upon a range of research from diverse sources.
(3) Must address persons of different cultural backgrounds, including, without limitation:
(I) Persons from various gender, racial and ethnic backgrounds;
(II) Persons from various religious backgrounds;
(III) Lesbian, gay, bisexual, transgender and questioning persons;
(IV) Children and senior citizens;
(V) Veterans;
(VI) Persons with a mental illness;
(VII) Persons with an intellectual disability, developmental disability or physical disability; and
(VIII) Persons who are part of any other population that a behavior analyst may need to better understand, as determined by the Board.
4. The Board shall not adopt regulations requiring a registered behavior technician to receive continuing education.
Sec. 9.5. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 10. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 9.5, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2024, for all other purposes.
________
κ2023 Statutes of Nevada, Page 1185κ
Assembly Bill No. 272Assemblywoman Monroe-Moreno
CHAPTER 203
[Approved: June 5, 2023]
AN ACT relating to mail theft; establishing provisions relating to mail theft; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law describes certain actions which constitute theft. (NRS 205.0832) Section 1 of this bill provides that a person commits the crime of mail theft if the person: (1) knowingly, willfully and with the intent to deprive, injure, damage or defraud another, takes, destroys, hides or embezzles mail or obtains any mail by fraud or deception; (2) buys, receives, conceals or possesses mail and knows or reasonably should know that the mail was unlawfully taken or obtained; (3) buys, receives, conceals or possesses a United States Postal Service key that provides access to certain mail receptacles, or a counterfeit device or key designed to provide access to the lock mechanisms of such mail receptacles; or (4) knowingly, willfully and with the intent to steal the mail inside, damages, opens, tears down, takes or destroys any mail receptacle. Section 1 also provides that a person who commits the crime of mail theft is guilty of a category D felony, which is punishable by a term of imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years and a fine of not more than $5,000. Section 1 also requires the court to order a person who commits the offense of mail theft to pay restitution.
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 205 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person commits the crime of mail theft if the person:
(a) Knowingly, willfully and with the intent to deprive, injure, damage or defraud another:
(1) Takes, destroys, hides or embezzles mail; or
(2) Obtains any mail by fraud or deception;
(b) Buys, receives, conceals or possesses:
(1) Mail and knows or reasonably should know that the mail was unlawfully taken or obtained;
(2) Any key suited to any lock adopted by the United States Postal Service that provides access to any mail receptacle in any neighborhood or apartment panel used for the purpose of centralized mail; or
(3) A counterfeit device or key designed to provide access to a lock described in subparagraph (2); or
(c) Knowingly, willfully and with the intent to steal any mail inside, damages, opens, tears down, takes or destroys any mail receptacle.
2. A person who violates any provision of subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
3. As used in this section:
κ2023 Statutes of Nevada, Page 1186 (CHAPTER 203, AB 272)κ
(a) Mail means any letter, postal card, parcel, package, bag or other material, along with its contents, that:
(1) Has postage affixed by the postal customer or postal service;
(2) Has been accepted for delivery by the postal service;
(3) The postal customer leaves for collection by the postal service; or
(4) The postal service delivers to the postal customer.
(b) Mail receptacle means a mailbox, post office box, rural box, letter box, lock drawer or any place or area intended or used by postal customers or a postal service for the collection, deposit or delivery of mail.
(c) Postal service means the United States Postal Service or a private common mail carrier.
Sec. 2. This act becomes effective on July 1, 2023.
________
Assembly Bill No. 262Assemblyman Watts
CHAPTER 204
[Approved: June 5, 2023]
AN ACT relating to state purchasing; requiring, to the extent practicable, certain state agencies to give preference to the purchase of certain vehicles and fuels; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth certain requirements for the purchase of automobiles by any department, office, bureau, officer or employee of the State. (NRS 334.010) Existing law establishes the Fleet Services Division of the Department of Administration and authorizes the Governor to assign any state-owned vehicle to the Division. (NRS 232.213, 336.060) Section 1 of this bill requires, to the extent practicable, each department, office, bureau, officer or employee of the State, when purchasing an automobile, to give preference to automobiles that minimize: (1) emissions; and (2) the total cost of the automobile over the service life of the automobile.
Section 1 also requires each department, office, bureau, officer or employee of the State to: (1) give preference to the purchase of motor vehicle fuel blended with ethanol, to the extent practicable; (2) if purchasing an automobile that uses diesel fuel, ensure that the automobile is capable of using biodiesel fuel blends containing not less than 20 percent by volume of biodiesel fuel; and (3) maintain records on the type of fuel used by each automobile purchased by the department, office, bureau, officer or employee. Section 2 of this bill also requires the Executive Officer of the Division to maintain such records for all state-owned vehicles assigned to the Division.
Section 2.5 of this bill declares that it is the policy goal of this State to pursue and support, to the extent practicable, a transition of all publicly-owned vehicles to vehicles which emit zero tailpipe emissions by 2050.
κ2023 Statutes of Nevada, Page 1187 (CHAPTER 204, AB 262)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 334.010 is hereby amended to read as follows:
334.010 1. No automobile may be purchased by any department, office, bureau, officer or employee of the State without prior written consent of the State Board of Examiners.
2. All such automobiles must be used for official purposes only.
3. All such automobiles, except:
(a) Automobiles maintained for and used by the Governor;
(b) Automobiles used by or under the authority and direction of the Chief Parole and Probation Officer, the State Contractors Board and auditors, the State Fire Marshal, the Investigation Division of the Department of Public Safety, the investigators of the Nevada Gaming Control Board, the investigators of the Securities Division of the Office of the Secretary of State and the investigators of the Attorney General;
(c) One automobile used by the Department of Corrections;
(d) Two automobiles used by the Caliente Youth Center;
(e) Three automobiles used by the Nevada Youth Training Center; and
(f) Four automobiles used by the Youth Parole Bureau of the Division of Child and Family Services of the Department of Health and Human Services,
Κ must be labeled by painting the words State of Nevada and For Official Use Only on the automobiles in plain lettering. The Director of the Department of Administration or a representative of the Director shall prescribe the size and location of the label for all such automobiles.
4. In accordance with the provisions of chapter 333 of NRS, each department, office, bureau, officer or employee of the State shall:
(a) To the extent practicable, give preference to the purchase of automobiles which minimize:
(1) Emissions from the automobile; and
(2) The total costs of the automobile over the service life of the automobile, which may include, without limitation, fuel costs, maintenance costs and any rebates or financial incentives offered for the purchase of the automobile;
(b) To the extent practicable, purchase motor vehicle fuel blended with ethanol, including, without limitation, gasoline, biodiesel and biomass-based diesel blends for use in the automobile; and
(c) If purchasing an automobile powered by diesel fuel, ensure that the vehicle is capable of using biodiesel fuel blends comprised of not less than 20 percent by volume of biodiesel fuel.
5. Each department, office, bureau, officer or employee of the State shall maintain records on the type of fuel used by each automobile purchased by the department, office, bureau, officer or employee, which may include, without limitation, electric, gasoline, compressed natural gas, diesel, hydrogen or hybrid fuel sources.
6. Any officer or employee of the State of Nevada who violates any provision of [this section] subsection 1, 2 or 3 is guilty of a misdemeanor.
κ2023 Statutes of Nevada, Page 1188 (CHAPTER 204, AB 262)κ
7. As used in this section:
(a) Biodiesel has the meaning ascribed to it in NRS 590.070.
(b) Biomass-based diesel blend has the meaning ascribed to it in NRS 590.070.
Sec. 2. NRS 336.080 is hereby amended to read as follows:
336.080 The Executive Officer shall:
1. Be responsible for proper maintenance and storage of all vehicles assigned to the Fleet Services Division.
2. Maintain records [to] :
(a) To show the location and operating and maintenance costs of vehicles assigned to the Fleet Services Division [.] ; and
(b) Of the type of fuel used by each vehicle assigned to the Fleet Services Division, which may include, without limitation, electric, gasoline, compressed natural gas, diesel, hydrogen or hybrid fuel sources.
Sec. 2.5. 1. The Legislature hereby finds and declares that:
(a) The Nevada Statewide Greenhouse Gas Emissions Inventory and Projections, 1990-2042 indicates that the transportation sector is the top source of greenhouse gas emissions in this State, making up nearly 32 percent of Nevadas emissions in 2020.
(b) The American Lung Associations annual report, State of the Air, has repeatedly ranked Las Vegas and Reno among the top 25 most polluted cities in terms of air quality, and transportation is a primary contributor to smog-forming pollution and particulate matter linked to lung disease and other serious health conditions.
(c) The State of Nevada spends billions of dollars each year to purchase out-of-state fossil fuels, which makes residents of this State vulnerable to the volatility of oil prices and increases the risk of disruptions in the event of a natural disaster.
(d) Nevada has immense potential to use local clean energy resources to power transportation in this State, furthering its energy independence.
(e) Zero emissions technologies now provide a viable, cost-effective alternative to many vehicles that run on fossil fuels, and prices are continuing to decline as these technologies mature.
(f) For publicly-owned transportation fleets, the transition to electric vehicles can bring considerable cost savings to taxpayers due to lower costs to operate and maintain such vehicles over their lifetimes.
2. It is the policy goal of this State to pursue and support, to the extent practicable, a transition of all publicly-owned, light-duty vehicles to vehicles which emit zero tailpipe emissions by the year 2040, and a transition of all publicly-owned, medium- and heavy-duty vehicles to vehicles which emit zero tailpipe emissions by the year 2050.
________
κ2023 Statutes of Nevada, Page 1189κ
Assembly Bill No. 373Assemblymen Gorelow, Nguyen; Anderson and Taylor
CHAPTER 205
[Approved: June 5, 2023]
AN ACT relating to deceptive trade practices; clarifying the authority of the Attorney General with respect to a deceptive trade practice; increasing certain civil penalties for engaging in a deceptive trade practice under certain circumstances; revising the statute of limitations for engaging in a deceptive trade practice; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law defines activities that constitute deceptive trade practices and provides for the imposition of civil and criminal penalties against persons who engage in deceptive trade practices. (Chapter 598 of NRS) Existing law authorizes the Attorney General to obtain a temporary restraining order, a preliminary or permanent injunction or other appropriate relief by bringing an action in the name of the State against a person the Attorney General has reason to believe has engaged or is engaging in a deceptive trade practice. (NRS 598.0963) Section 1 of this bill clarifies that such other appropriate relief which the Attorney General may obtain includes, without limitation, the recovery of a civil penalty, disgorgement, restitution or the recovery of damages as parens patriae.
Existing law authorizes a court or the Director of the Department of Business and Industry or his or her designee, in certain actions and proceedings relating to the enforcement of the provisions prohibiting deceptive trade practices, to impose an additional maximum civil penalty of $12,500 for each violation if the court or the Director or his or her designee finds that a person has engaged in a deceptive trade practice directed toward an elderly person, a person with a disability or a minor person. (NRS 598.0973, 598.09735) Sections 1.5 and 1.7 of this bill increase the additional maximum civil penalty to $15,000 if the deceptive trade practice was directed toward a person with a disability and $25,000 if directed toward an elderly person or a minor person.
Existing law authorizes the Commissioner of Consumer Affairs, the Director of the Department of Business and Industry, the district attorney of any county in this State or the Attorney General to recover a civil penalty not to exceed $5,000 if the court finds that a person has willfully engaged in a deceptive trade practice. (NRS 598.0999) Section 2 of this bill increases the maximum civil penalty for such a willful violation to $15,000.
Existing law requires an indictment for the offense of engaging in certain trade practices punishable as a felony to be found, or an information or complaint to be filed, within 4 years after the commission of the offense. (NRS 171.085) Section 3 of this bill imposes that requirement for all offenses involving the commission of any deceptive trade practice that is punishable as a felony. Section 4 of this bill clarifies that the amendatory provisions of section 3 apply to an offense committed: (1) before July 1, 2023, if the applicable statute of limitations has commenced but has not yet expired; and (2) on or after July 1, 2023.
κ2023 Statutes of Nevada, Page 1190 (CHAPTER 205, AB 373)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 598.0963 is hereby amended to read as follows:
598.0963 1. Whenever the Attorney General is requested in writing by the Commissioner or the Director to represent him or her in instituting a legal proceeding against a person who has engaged or is engaging in a deceptive trade practice, the Attorney General may bring an action in the name of the State of Nevada against that person on behalf of the Commissioner or Director.
2. The Attorney General may institute criminal proceedings to enforce the provisions of NRS 598.0903 to 598.0999, inclusive. The Attorney General is not required to obtain leave of the court before instituting criminal proceedings pursuant to this subsection.
3. If the Attorney General has reason to believe that a person has engaged or is engaging in a deceptive trade practice, the Attorney General may bring an action in the name of the State of Nevada against that person to obtain a temporary restraining order, a preliminary or permanent injunction, or other appropriate relief [.] , including, without limitation, the recovery of a civil penalty, disgorgement, restitution or the recovery of damages:
(a) As parens patriae of the persons residing this State, with respect to damages sustained directly or indirectly by such persons, or, alternatively, if the court finds in its discretion that the interests of justice so require, as a representative of a class or classes consisting of persons residing in this State who have been damaged directly or indirectly; or
(b) As parens patriae, with respect to direct or indirect damages to the general economy of the State of Nevada or any agency or political subdivision thereof.
4. If the Attorney General has cause to believe that a person has engaged or is engaging in a deceptive trade practice, the Attorney General may issue a subpoena to require the testimony of any person or the production of any documents, and may administer an oath or affirmation to any person providing such testimony. The subpoena must be served upon the person in the manner required for service of process in this State or by certified mail with return receipt requested. An employee of the Attorney General may personally serve the subpoena.
Sec. 1.5. NRS 598.0973 is hereby amended to read as follows:
598.0973 1. Except as otherwise provided in NRS 598.0974, in any action or proceeding brought pursuant to NRS 598.0903 to 598.0999, inclusive, if the court or the Director or his or her designee finds that a person has engaged in a deceptive trade practice directed toward an elderly person or a person with a disability, the court or the Director or his or her designee may, in addition to any other civil or criminal penalty, impose a civil penalty of :
(a) For a deceptive trade practice directed toward a person with a disability, not more than [$12,500] $15,000 for each violation.
κ2023 Statutes of Nevada, Page 1191 (CHAPTER 205, AB 373)κ
(b) For a deceptive trade practice directed toward an elderly person, not more than $25,000 for each violation.
2. In determining whether to impose a civil penalty pursuant to subsection 1, the court or the Director or his or her designee shall consider whether:
(a) The conduct of the person was in disregard of the rights of the elderly person or person with a disability;
(b) The person knew or should have known that his or her conduct was directed toward an elderly person or a person with a disability;
(c) The elderly person or person with a disability was more vulnerable to the conduct of the person because of the age, health, infirmity, impaired understanding, restricted mobility or disability of the elderly person or person with a disability;
(d) The conduct of the person caused the elderly person or person with a disability to suffer actual and substantial physical, emotional or economic damage;
(e) The conduct of the person caused the elderly person or person with a disability to suffer:
(1) Mental or emotional anguish;
(2) The loss of the primary residence of the elderly person or person with a disability;
(3) The loss of the principal employment or source of income of the elderly person or person with a disability;
(4) The loss of money received from a pension, retirement plan or governmental program;
(5) The loss of property that had been set aside for retirement or for personal or family care and maintenance;
(6) The loss of assets which are essential to the health and welfare of the elderly person or person with a disability; or
(7) Any other interference with the economic well-being of the elderly person or person with a disability, including the encumbrance of his or her primary residence or principal source of income; or
(f) Any other factors that the court or the Director or his or her designee deems to be appropriate.
Sec. 1.7. NRS 598.09735 is hereby amended to read as follows:
598.09735 1. Except as otherwise provided in NRS 598.0974, in any action or proceeding brought pursuant to NRS 598.0903 to 598.0999, inclusive, if the court or the Director or his or her designee finds that a person has engaged in a deceptive trade practice directed toward a minor person, the court or the Director or his or her designee may, in addition to any other civil or criminal penalty, impose a civil penalty of not more than [$12,500] $25,000 for each violation.
2. In determining whether to impose a civil penalty pursuant to subsection 1, the court or the Director or his or her designee shall consider whether:
(a) The conduct of the person was in disregard of the rights of the minor person;
(b) The person knew or should have known that his or her conduct was directed toward a minor person;
κ2023 Statutes of Nevada, Page 1192 (CHAPTER 205, AB 373)κ
(c) The minor person was more vulnerable to the conduct of the person because of the age of the minor person;
(d) The conduct of the person caused the minor person to suffer actual and substantial physical, emotional or economic damage;
(e) The conduct of the person caused the minor person to suffer:
(1) Mental or emotional anguish;
(2) The loss of money or financial support received from any source;
(3) The loss of property that had been set aside for education or for personal or family care and maintenance;
(4) The loss of assets which are essential to the health and welfare of the minor person; or
(5) Any other interference with the economic well-being of the minor person; or
(f) Any other factors that the court or the Director or his or her designee deems to be appropriate.
3. As used in this section, minor person means a person who is 17 years of age or younger.
Sec. 2. NRS 598.0999 is hereby amended to read as follows:
598.0999 1. Except as otherwise provided in NRS 598.0974, a person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, upon a complaint brought by the Commissioner, the Director, the district attorney of any county of this State or the Attorney General shall forfeit and pay to the State General Fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing the order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0999, inclusive.
2. Except as otherwise provided in NRS 598.0974, in any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, if the court finds that a person has willfully engaged in a deceptive trade practice, the Commissioner, the Director, the district attorney of any county in this State or the Attorney General bringing the action may recover a civil penalty not to exceed [$5,000] $15,000 for each violation. The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorneys fees and costs.
3. A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice:
(a) For an offense involving a loss of property or services valued at $1,200 or more but less than $5,000, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(b) For an offense involving a loss of property or services valued at $5,000 or more but less than $25,000, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
(c) For an offense involving a loss of property or services valued at $25,000 or more but less than $100,000, is guilty of a category B felony and
κ2023 Statutes of Nevada, Page 1193 (CHAPTER 205, AB 373)κ
shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.
(d) For an offense involving a loss of property or services valued at $100,000 or more, 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 20 years, and by a fine of not more than $15,000.
(e) For any offense other than an offense described in paragraphs (a) to (d), inclusive, is guilty of a misdemeanor.
Κ The court may require the natural person, firm, or officer or managing agent of the corporation or association to pay to the aggrieved party damages on all profits derived from the knowing and willful engagement in a deceptive trade practice and treble damages on all damages suffered by reason of the deceptive trade practice.
4. If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, 598.100 to 598.2801, inclusive, 598.405 to 598.525, inclusive, 598.741 to 598.787, inclusive, 598.840 to 598.966, inclusive, or 598.9701 to 598.9718, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:
(a) The suspension of the persons privilege to conduct business within this State; or
(b) If the defendant is a corporation, dissolution of the corporation.
Κ The court may grant or deny the relief sought or may order other appropriate relief.
5. If a person violates any provision of NRS 228.500 to 228.640, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Attorney General may bring an action in the name of the State of Nevada seeking:
(a) The suspension of the persons privilege to conduct business within this State; or
(b) If the defendant is a corporation, dissolution of the corporation.
Κ The court may grant or deny the relief sought or may order other appropriate relief.
6. In an action brought by the Commissioner or the Attorney General pursuant to subsection 4 or 5, process may be served by an employee of the Consumer Affairs Unit of the Department of Business and Industry or an employee of the Attorney General.
7. As used in this section:
(a) Property has the meaning ascribed to it in NRS 193.0225.
(b) Services has the meaning ascribed to it in NRS 205.0829.
κ2023 Statutes of Nevada, Page 1194 (CHAPTER 205, AB 373)κ
(c) Value means the fair market value of the property or services at the time the deceptive trade practice occurred. The value of a written instrument which does not have a readily ascertainable market value is the greater of the face amount of the instrument less the portion satisfied or the amount of economic loss to the owner of the instrument resulting from the deprivation of the instrument. The trier of fact shall determine the value of all other property whose value is not readily ascertainable, and may, in making that determination, consider all relevant evidence, including evidence of the value of the property to its owner.
Sec. 3. NRS 171.085 is hereby amended to read as follows:
171.085 Except as otherwise provided in NRS 171.080 to 171.084, inclusive, and 171.095, an indictment for:
1. Theft, robbery, burglary, forgery, arson, a violation of NRS 90.570, a violation punishable pursuant to [paragraph (c)] paragraphs (a) to (d), inclusive, of subsection 3 of NRS 598.0999 or a violation of NRS 205.377 must be found, or an information or complaint filed, within 4 years after the commission of the offense.
2. Sexual assault must be found, or an information or complaint filed, within 20 years after the commission of the offense.
3. Sex trafficking must be found, or an information or complaint filed, within 6 years after the commission of the offense.
4. Any felony other than the felonies listed in subsections 1, 2 and 3 must be found, or an information or complaint filed, within 3 years after the commission of the offense.
Sec. 4. The amendatory provisions of section 3 of this act apply to an offense committed:
1. Before July 1, 2023, if the applicable statute of limitations has commenced but has not expired on July 1, 2023.
2. On or after July 1, 2023.
Sec. 5. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 1195κ
Assembly Bill No. 54Committee on Education
CHAPTER 206
[Approved: June 5, 2023]
AN ACT relating to education; revising provisions governing the compulsory school attendance of certain children; revising the contents required in certain annual reports of accountability of schools and school districts; revising provisions governing the reimbursement of certain hospitals and other facilities for providing educational services to children in their care; revising provisions governing the counting of pupils for purposes of calculating apportionment; requiring a child who has taken a high school equivalency assessment to attend school until receipt of notice of successful completion of the assessment; requiring a county advisory board to review school attendance to reflect the ethnic and geographic diversity of the county; revising provisions governing the absences of pupils; revising provisions governing habitual truancy; authorizing certain written notices and other documents to be made electronically; requiring a school to take certain actions relating to a truant pupil; imposing certain duties relating to chronic absenteeism on the board of trustees of a school district and the Department of Education; repealing certain provisions excusing attendance for certain children; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires each school district, each school in the school district and each charter school sponsored by the school district to prepare an annual report of accountability which includes information concerning pupils who are eligible for and receive free or reduced-price breakfasts and lunches. (NRS 385A.270) Section 2 of this bill eliminates the requirement to include in such a report information concerning pupils who receive free or reduced-price breakfasts and lunches.
Under existing law, certain hospitals and other facilities that provide residential treatment to children and also operate a licensed private school or an accredited educational program approved by the Department of Education are authorized to request reimbursement from the Department for the cost of providing educational services to a child who is verified to be a patient or resident of the hospital or facility, attends the private school or educational program for more than 7 school days and meets certain other requirements. Upon receiving such a request, the Department is required to determine the amount of reimbursement as a percentage of the adjusted base per pupil funding for the school district which the child would otherwise attend if the child were not in the hospital or facility or the statewide base per pupil funding amount for the charter school which the pupil would otherwise attend. (NRS 387.1225) Section 4 of this bill authorizes the hospital or facility to request reimbursement from the school district or charter school in which the child is enrolled and revises the requirements to request such reimbursement. Section 4 also revises the method of calculating the amount of reimbursement to base the reimbursement upon a daily rate of the adjusted base per pupil funding for the school district or a daily rate of the statewide base per pupil funding amount or adjusted base per pupil funding for the charter school, as applicable.
κ2023 Statutes of Nevada, Page 1196 (CHAPTER 206, AB 54)κ
Existing law requires the State Board of Education to adopt regulations for counting enrollment and calculating the average daily attendance of pupils for apportionment purposes. (NRS 387.123) Section 5 of this bill requires, instead, the use of the average daily enrollment of pupils for such purposes.
Existing law requires, with certain exceptions, each parent, custodial parent, guardian or other person in this State having control or charge of any child between the ages of 7 and 18 years to send the child to a public school during all the time the school is in session. (NRS 392.040) Section 13 of this bill: (1) clarifies that such a child must also be enrolled in a public school; (2) requires that the child be sent to school for the full school day during all the time the school is in session; (3) requires the parent or legal guardian of the child to sign a statement or acknowledge via registration on an Internet website maintained by the school district that the parent or legal guardian and the child understand the districts policy concerning attendance; and (4) provides that a pupil who receives certain services outside of a public school shall be deemed to be in attendance at the public school and in compliance with the requirements for attendance during the time the pupil is receiving the services and is being transported to and from the school to receive those services. Sections 1, 3, 6-10, 12, 15, 16, 22, 27, 29-31 and 34-45 of this bill revise various provisions as they relate to compulsory school attendance to conform with the additional requirements of school enrollment established in section 13.
Existing law provides that compulsory attendance at public school must be excused if a child has obtained permission to take the high school equivalency assessment. (NRS 392.075) Section 17 of this bill provides that after the child has taken the assessment, school attendance is required until the child receives notification of the successful completion of the assessment.
Existing law requires the board of trustees of a school district to prescribe a minimum number of days that a pupil must be in attendance to obtain credit or be promoted to the next higher grade. (NRS 392.122) Section 18 of this bill authorizes a board of trustees of a school district to adopt a policy prescribing the circumstances under which a pupil will be considered chronically absent. Section 18 also: (1) eliminates provisions requiring, under certain circumstances, days on which a pupils absence is approved by a teacher or principal to be credited towards the required days of attendance; (2) revises the process by which, upon request by the pupil and the parent or legal guardian of a pupil, a principal or principals designee is required to review and recalculate the number of the pupils absences for the purposes of determining whether the pupil may obtain credit or be promoted to the next higher grade; and (3) eliminates provisions authorizing the board of trustees of a school district to adopt a policy to exempt pupils who are physically or mentally unable to attend school from certain limitations on absences and certain conditions required in such a policy.
Existing law creates in each county at least one advisory board to review school attendance. (NRS 392.126) Section 19 of this bill requires the membership of each such board to reflect, to the greatest extent possible, the ethnic and geographic diversity of the county.
Existing law requires a teacher or principal to give written approval for a pupil to be absent if an emergency exists or upon the request of a parent or legal guardian of the pupil. (NRS 392.130) Section 20 of this bill: (1) revises this provision to authorize a teacher or principal to give such approval upon the request of a parent or legal guardian, made during the absence or within the 3 days immediately preceding or the 3 days immediately following the requested absence for an emergency; (2) prohibits the approval of absences for more than 10 percent of the number of school days in the school year; (3) requires all approved and unapproved absences to be counted for the purposes of determining whether a pupil is chronically absent; and (4) requires the board of trustees of each school district and the governing body of each charter school and university school for profoundly gifted pupils to communicate its policy on truancy and the Departments definition of chronic absenteeism to parents and legal guardians in a language they can understand and provide a parent or legal guardian notice when a pupil is approaching the 10 percent limit in the number of absences that may be approved.
κ2023 Statutes of Nevada, Page 1197 (CHAPTER 206, AB 54)κ
Sections 20, 23-26 and 29 of this bill authorize certain notices, consents, referrals, agreements, reports and other documentation which must be in writing to be made electronically.
Section 21 of this bill revises the circumstances under which a child may be declared a habitual truant and provides an exception for a child who is physically or mentally unable to attend school.
Existing law requires a school in which a pupil is enrolled to take reasonable actions designed to encourage, enable or convince the pupil to attend school if the pupil has one or more unapproved absences. (NRS 392.144) Section 23 of this bill requires the school to take such actions if the pupil has been truant from school.
Section 28 of this bill requires the board of trustees of each school district to: (1) establish procedures to monitor and report chronic absenteeism of pupils; and (2) determine chronic absenteeism of pupils at each school within the district. Section 28 also requires: (1) the Department to adopt by regulation a definition of the term chronic absenteeism; and (2) the board of trustees of each school district to ensure that the actions taken pursuant to that section are consistent with the definition adopted by the Department.
Section 46 of this bill repeals provisions excusing attendance for children: (1) who reside a certain distance from the nearest public school; and (2) between 15 and 18 years of age who have completed the first eight grades to enter employment or apprenticeship.
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 385.007 is hereby amended to read as follows:
385.007 As used in this title, unless the context otherwise requires:
1. Challenge school has the meaning ascribed to it in NRS 388D.305.
2. Charter school means a public school that is formed pursuant to the provisions of chapter 388A of NRS.
3. Department means the Department of Education.
4. English learner has the meaning ascribed to it in 20 U.S.C. § 7801(20).
5. Homeschooled child means a child who receives instruction at home and who is exempt from compulsory enrollment and attendance pursuant to NRS 392.070.
6. Local school precinct has the meaning ascribed to it in NRS 388G.535.
7. Public schools means all kindergartens and elementary schools, junior high schools and middle schools, high schools, charter schools and any other schools, classes and educational programs which receive their support through public taxation and, except for charter schools, whose textbooks and courses of study are under the control of the State Board.
8. School bus has the meaning ascribed to it in NRS 484A.230.
9. School counselor or counselor means a person who holds a license issued pursuant to chapter 391 of NRS and an endorsement to serve as a school counselor issued pursuant to regulations adopted by the Commission on Professional Standards in Education or who is otherwise authorized by the Superintendent of Public Instruction to serve as a school counselor.
10. School psychologist or psychologist means a person who holds a license issued pursuant to chapter 391 of NRS and an endorsement to serve as a school psychologist issued pursuant to regulations adopted by the Commission on Professional Standards in Education or who is otherwise authorized by the Superintendent of Public Instruction to serve as a school psychologist.
κ2023 Statutes of Nevada, Page 1198 (CHAPTER 206, AB 54)κ
as a school psychologist issued pursuant to regulations adopted by the Commission on Professional Standards in Education or who is otherwise authorized by the Superintendent of Public Instruction to serve as a school psychologist.
11. School social worker or social worker means a social worker licensed pursuant to chapter 641B of NRS who holds a license issued pursuant to chapter 391 of NRS and an endorsement to serve as a school social worker issued pursuant to regulations adopted by the Commission on Professional Standards in Education or who is otherwise authorized by the Superintendent of Public Instruction to serve as a school social worker.
12. State Board means the State Board of Education.
13. University school for profoundly gifted pupils has the meaning ascribed to it in NRS 388C.040.
Sec. 2. NRS 385A.270 is hereby amended to read as follows:
385A.270 1. The annual report of accountability prepared pursuant to NRS 385A.070 must include, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, information concerning pupils who are eligible for free or reduced-price breakfasts pursuant to 42 U.S.C. §§ 1771 et seq. and pupils who are eligible for free or reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq., including, without limitation:
(a) The number and percentage of pupils who are eligible for free or reduced-price breakfasts; and
(b) [The percentage of pupils who receive free and reduced-price breakfasts;
(c)] The number and percentage of pupils who are eligible for free or reduced-price [lunches;
(d) The percentage of pupils who receive free and reduced-price] lunches . [;
(e) A comparison of the achievement and proficiency of pupils, reported separately by race and ethnicity, who are eligible for free or reduced-price breakfasts, pupils who receive free and reduced-price breakfasts, pupils who are eligible for free or reduced-price lunches, pupils who receive free and reduced-price lunches and pupils who are not eligible for free or reduced-price breakfasts or lunches;
(f) A comparison of pupils, reported separately by race and ethnicity, who are eligible for free or reduced-price breakfasts, pupils who receive free and reduced-price breakfasts, pupils who are eligible for free or reduced-price lunches and pupils who receive free and reduced-price lunches for which data is required to be collected in the following areas:
(1) Retention rates;
(2) Graduation rates;
(3) Dropout rates;
(4) Grade point averages; and
(5) Except as otherwise provided in subsection 6 of NRS 390.105, scores on the examinations administered pursuant to NRS 390.105 and the college and career readiness assessment administered pursuant to NRS 390.610.]
2. The State Board may adopt any regulations necessary to carry out the provisions of this section.
κ2023 Statutes of Nevada, Page 1199 (CHAPTER 206, AB 54)κ
Sec. 3. NRS 385B.020 is hereby amended to read as follows:
385B.020 Pupil means a student of a school or a child that receives instruction at home and is excused from compulsory enrollment and attendance pursuant to NRS 392.070.
Sec. 4. NRS 387.1225 is hereby amended to read as follows:
387.1225 1. A hospital or other facility which is licensed by the Division of Public and Behavioral Health of the Department of Health and Human Services that provides residential treatment to children and which operates a private school licensed pursuant to chapter 394 of NRS may request reimbursement from the [Department] school district or charter school in which a child is enrolled for the cost of providing educational services to [a] the child [who:] if:
(a) The [Department] school district or charter school verifies that the child is a patient or resident of the hospital or facility; and
(b) [Attends] The child attends the private school for more than 7 school days.
2. A hospital or other facility licensed in the District of Columbia or any state or territory of the United States that provides residential treatment and which operates an educational program accredited by a national organization and approved by the Department of Education may request reimbursement from the [Department] school district or charter school in which a child is enrolled for the cost of providing educational services to [a] the child [who:] if:
(a) The Department [verifies:] and the school district or charter school, as applicable, verify that the child:
(1) Is a patient or resident of the hospital or facility; and
(2) Is a resident of this State; and
(b) The child:
(1) Is admitted to the hospital or facility on an order from a physician because the necessary treatment required for the child is not available in this State;
[(c)] (2) Attends the accredited educational program for more than 7 school days;
[(d)] (3) Is not homeschooled or enrolled in a private school; and
[(e)] (4) Has been admitted to the medical facility under the order of a physician to receive medically necessary treatment for a medical or mental health condition with which the child has been diagnosed.
3. A hospital or other facility that wishes to receive reimbursement pursuant to subsection 2 shall:
(a) Notify the Department and the school district or charter school in which the child is enrolled upon admitting the child to the accredited educational program; and
(b) Transfer any educational records of the child to the school district or charter school in which the child is enrolled in accordance with any applicable regulations adopted pursuant to subsection 9.
4. Upon receiving a request for reimbursement pursuant to subsection 1 or 2, the [Department] school district or charter school in which the child is enrolled shall determine the amount of reimbursement to which the hospital or facility is entitled [as a percentage] by multiplying the number of days determined pursuant to subsection 6 by the following, as applicable:
(a) The daily rate of the adjusted base per pupil funding for the school district which the child would otherwise attend . [or] The daily rate of the adjusted base per pupil funding for the school district which the child would otherwise attend must be calculated by dividing the adjusted base per pupil funding provided to the school district in which the child is enrolled pursuant to NRS 387.1214 by 180.
κ2023 Statutes of Nevada, Page 1200 (CHAPTER 206, AB 54)κ
adjusted base per pupil funding for the school district which the child would otherwise attend must be calculated by dividing the adjusted base per pupil funding provided to the school district in which the child is enrolled pursuant to NRS 387.1214 by 180.
(b) The daily rate of the statewide base per pupil funding amount or adjusted base per pupil funding, as applicable, for the charter school which the child would otherwise attend . [, as applicable.] The daily rate of the statewide base per pupil funding amount or adjusted base per pupil funding, as applicable, for the charter school which the child would otherwise attend must be calculated by dividing the statewide base per pupil funding amount or adjusted base per pupil funding, as applicable, provided to the charter school in which the child is enrolled pursuant to NRS 387.1214 by 180.
5. If the request for reimbursement is made pursuant to subsection 1, the child is a pupil with a disability and the hospital or facility is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., NRS 388.417 to 388.5243, inclusive, and any regulations adopted pursuant thereto, the hospital or facility is also entitled to [a corresponding percentage of] an amount determined by increasing the daily rate determined pursuant to subsection 4 by the statewide multiplier for the pupil established pursuant to NRS 387.122, which is [withheld from] received by the school district or charter school where the child was enrolled before being placed in the hospital or facility [.] for the number of days determined pursuant to subsection 6. The Department shall distribute the money withheld from the school district or charter school to the hospital or facility.
6. For the purposes of subsections 4 and 5, the amount of reimbursement to which the hospital or facility is entitled must be calculated on the basis of the number of school days the child is a patient or resident of the hospital or facility and attends the private school or accredited educational program, as applicable, excluding the 7 school days prescribed in paragraph (b) of subsection 1 or subparagraph (2) of paragraph [(c)] (b) of subsection 2, as applicable . [, in proportion to the number of days of instruction scheduled for that school year by the board of trustees of the school district or the charter school, as applicable.]
7. A hospital or other facility is not entitled to reimbursement for days of instruction provided to a child in a year in excess of the minimum number of days of free school required by NRS 388.090.
8. If a hospital or other facility requests reimbursement from [the Department] a school district or charter school for the cost of providing educational services to a pupil with a disability pursuant to subsection 1 or 2, the school district or charter school in which the child is enrolled shall be deemed to be the local educational agency for the child for the purposes of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., NRS 388.417 to 388.5243, inclusive, and any regulations adopted pursuant thereto.
9. The Department shall adopt any regulations necessary to carry out the provisions of this section, which may include, without limitation, regulations to:
(a) Prescribe a procedure for the transfer of educational records pursuant to subsection 3;
κ2023 Statutes of Nevada, Page 1201 (CHAPTER 206, AB 54)κ
(b) Carry out or ensure compliance with the requirements of subsections 4 and 5 concerning reimbursement for educational services provided to a pupil with a disability; and
(c) Require the auditing of [a] :
(1) A hospital or other facility that requests reimbursement ; and
(2) A school district or charter school from which reimbursement is requested,
Κ pursuant to this section to ensure compliance with any applicable provisions of federal or state law.
10. The provisions of this section must not be construed to authorize reimbursement pursuant to this section of a hospital or facility for the cost of health care services provided to a child.
11. As used in this section:
(a) Hospital has the meaning ascribed to it in NRS 449.012.
(b) Private school has the meaning ascribed to it in NRS 394.103.
Sec. 5. NRS 387.123 is hereby amended to read as follows:
387.123 1. The count of pupils for apportionment purposes includes all pupils who are enrolled in programs of instruction of the school district, including, without limitation, a program of distance education provided by the school district, pupils who reside in the county in which the school district is located and are enrolled in any charter school, including, without limitation, a program of distance education provided by a charter school, pupils who are enrolled in a university school for profoundly gifted pupils located in the county and pupils who are enrolled in a challenge school located in the county, for:
(a) Pupils in the kindergarten department.
(b) Pupils in grades 1 to 12, inclusive.
(c) Pupils not included under paragraph (a) or (b) who are receiving special education pursuant to the provisions of NRS 388.417 to 388.469, inclusive, and 388.5251 to 388.5267, inclusive.
(d) Pupils who reside in the county and are enrolled part-time in a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive.
(e) Children detained in facilities for the detention of children, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570.
(f) Pupils who are enrolled in classes pursuant to subsection 1 of NRS 388A.471 and pupils who are enrolled in classes pursuant to subsection 1 of NRS 388A.474.
(g) Pupils who are enrolled in classes pursuant to subsection 1 of NRS 392.074.
(h) Pupils who are enrolled in classes and taking courses necessary to receive a high school diploma, excluding those pupils who are included in paragraphs (d), (f) and (g).
(i) Pupils who are enrolled in a challenge school.
2. The State Board shall establish uniform regulations for counting enrollment and calculating the average daily [attendance] enrollment of pupils. Except as otherwise provided in this subsection, in establishing such regulations for the public schools, the State Board:
(a) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.
κ2023 Statutes of Nevada, Page 1202 (CHAPTER 206, AB 54)κ
(b) Shall prohibit the counting of any pupil specified in subsection 1 more than once.
(c) Except as otherwise provided in this paragraph, shall prohibit the counting of a pupil enrolled in grade 12 as a full-time pupil if the pupil is not prepared for college and career success, as defined by the Department. Such a pupil may be counted as a full-time pupil if he or she is enrolled in a minimum of six courses or the equivalent of six periods per day or the superintendent of the school district has approved enrollment in fewer courses for good cause.
Sec. 6. NRS 388.850 is hereby amended to read as follows:
388.850 1. A pupil may enroll in a program of distance education if:
(a) Pursuant to this section or other specific statute, the pupil is eligible for enrollment or the pupils enrollment is not otherwise prohibited;
(b) The program of distance education in which the pupil wishes to enroll is offered by the school district in which the pupil resides or a charter school or, if the program of distance education in which the pupil wishes to enroll is a full-time program of distance education offered by a school district other than the school district in which the pupil resides, the program is not the same or substantially similar to a program of distance education offered by the school district in which the pupil resides;
(c) The pupil satisfies the qualifications and conditions for enrollment adopted by the State Board pursuant to NRS 388.874; and
(d) The pupil satisfies the requirements of the program of distance education.
2. A child who is exempt from compulsory enrollment and attendance and is enrolled in a private school pursuant to chapter 394 of NRS or is being homeschooled is not eligible to enroll in or [otherwise] attend a program of distance education, regardless of whether the child is otherwise eligible for enrollment pursuant to subsection 1.
3. If a pupil who is prohibited from enrolling in and attending public school pursuant to NRS 392.264 enrolls in a program of distance education, the enrollment and attendance of that pupil must comply with all requirements of NRS 62F.100 to 62F.150, inclusive, and 392.251 to 392.271, inclusive.
4. A pupil who is enrolled in grade 12 in a program of distance education and who moves out of this State is eligible to maintain enrollment in the program of distance education until the pupil graduates from high school.
Sec. 7. NRS 388A.366 is hereby amended to read as follows:
388A.366 1. A charter school shall:
(a) Comply with all laws and regulations relating to discrimination and civil rights.
(b) Remain nonsectarian, including, without limitation, in its educational programs, policies for admission and employment practices.
(c) Refrain from charging tuition or fees, except for tuition or fees that the board of trustees of a school district is authorized to charge, levying taxes or issuing bonds.
(d) Comply with any plan for desegregation ordered by a court that is in effect in the school district in which the charter school is located.
(e) Comply with the provisions of chapter 241 of NRS.
(f) Except as otherwise provided in this paragraph, schedule and provide annually at least as many days of instruction as are required of other public schools located in the same school district as the charter school is located.
κ2023 Statutes of Nevada, Page 1203 (CHAPTER 206, AB 54)κ
schools located in the same school district as the charter school is located. The governing body of a charter school may submit a written request to the Superintendent of Public Instruction for a waiver from providing the days of instruction required by this paragraph. The Superintendent of Public Instruction may grant such a request if the governing body demonstrates to the satisfaction of the Superintendent that:
(1) Extenuating circumstances exist to justify the waiver; and
(2) The charter school will provide at least as many hours or minutes of instruction as would be provided under a program consisting of 180 days.
(g) Cooperate with the board of trustees of the school district in the administration of the examinations administered pursuant to NRS 390.105 and, if the charter school enrolls pupils at a high school grade level, the college and career readiness assessment administered pursuant to NRS 390.610 to the pupils who are enrolled in the charter school.
(h) Comply with applicable statutes and regulations governing the achievement and proficiency of pupils in this State.
(i) Provide instruction in the core academic subjects set forth in subsection 1 of NRS 389.018, as applicable for the grade levels of pupils who are enrolled in the charter school, and provide at least the courses of study that are required of pupils by statute or regulation for promotion to the next grade or graduation from a public high school and require the pupils who are enrolled in the charter school to take those courses of study. This paragraph does not preclude a charter school from offering, or requiring the pupils who are enrolled in the charter school to take, other courses of study that are required by statute or regulation.
(j) If the parent or legal guardian of a child submits an application to enroll in kindergarten, first grade or second grade at the charter school, comply with NRS 392.040 regarding the ages for enrollment in those grades.
(k) Refrain from using public money to purchase real property or buildings without the approval of the sponsor.
(l) Hold harmless, indemnify and defend the sponsor of the charter school against any claim or liability arising from an act or omission by the governing body of the charter school or an employee or officer of the charter school. An action at law may not be maintained against the sponsor of a charter school for any cause of action for which the charter school has obtained liability insurance.
(m) Provide written notice to the parents or legal guardians of pupils in grades 9 to 12, inclusive, who are enrolled in the charter school of whether the charter school is accredited by the Northwest Accreditation Commission.
(n) Adopt a final budget in accordance with the regulations adopted by the Department. A charter school is not required to adopt a final budget pursuant to NRS 354.598 or otherwise comply with the provisions of chapter 354 of NRS.
(o) If the charter school provides a program of distance education pursuant to NRS 388.820 to 388.874, inclusive, comply with all statutes and regulations that are applicable to a program of distance education for purposes of the operation of the program.
2. A charter school shall not provide instruction through a program of distance education to children who are exempt from compulsory enrollment and attendance pursuant to NRS 392.070. As used in this subsection, distance education has the meaning ascribed to it in NRS 388.826.
κ2023 Statutes of Nevada, Page 1204 (CHAPTER 206, AB 54)κ
Sec. 8. NRS 388A.411 is hereby amended to read as follows:
388A.411 1. Each pupil who is enrolled in a charter school, including, without limitation, a pupil who is enrolled in a program of special education in a charter school, must be included in the count of pupils in the charter school for the purposes of apportionments and allowances from the State Education Fund pursuant to NRS 387.121 to 387.12468, inclusive, unless the pupil is exempt from compulsory enrollment and attendance pursuant to NRS 392.070. A charter school is entitled to receive its proportionate share of any other money available from federal, state or local sources that the school or the pupils who are enrolled in the school are eligible to receive.
2. The State Board shall prescribe a process which ensures that all charter schools, regardless of the sponsor, have information about all sources of funding for the public schools provided through the Department.
3. All money received by the charter school from this State or from the board of trustees of a school district must be deposited in an account with a bank, credit union or other financial institution in this State. The governing body of a charter school may negotiate with the board of trustees of the school district and the State Board for additional money to pay for services which the governing body wishes to offer.
4. The governing body of a charter school may solicit and accept donations, money, grants, property, loans, personal services or other assistance for purposes relating to education from members of the general public, corporations or agencies. The governing body may comply with applicable federal laws and regulations governing the provision of federal grants for charter schools. The State Public Charter School Authority may assist a charter school that operates exclusively for the enrollment of pupils who receive special education in identifying sources of money that may be available from the Federal Government or this State for the provision of educational programs and services to such pupils.
Sec. 9. NRS 388C.260 is hereby amended to read as follows:
388C.260 1. Each pupil who is enrolled in a university school for profoundly gifted pupils, including, without limitation, a pupil who is enrolled in a program of special education in a university school for profoundly gifted pupils, must be included in the count of pupils in the university school for the purposes of apportionments and allowances from the State Education Fund pursuant to NRS 387.121 to 387.12468, inclusive, unless the pupil is exempt from compulsory school enrollment and attendance pursuant to NRS 392.070.
2. A university school for profoundly gifted pupils is entitled to receive its proportionate share of any other money available from federal, state or local sources that the school or the pupils who are enrolled in the school are eligible to receive.
3. All money received by a university school for profoundly gifted pupils from this State or from the board of trustees of a school district must be deposited in an account with a bank, credit union or other financial institution in this State.
4. The governing body of a university school for profoundly gifted pupils may negotiate with the board of trustees of the school district in which the school is located or the State Board for additional money to pay for services that the governing body wishes to offer.
5. To determine the amount of money for distribution to a university school for profoundly gifted pupils in its first year of operation in which state funding is provided, the count of pupils who are enrolled in the university school must initially be determined 30 days before the beginning of the school year of the school district in which the university school is located, based upon the number of pupils whose applications for enrollment have been approved by the university school.
κ2023 Statutes of Nevada, Page 1205 (CHAPTER 206, AB 54)κ
funding is provided, the count of pupils who are enrolled in the university school must initially be determined 30 days before the beginning of the school year of the school district in which the university school is located, based upon the number of pupils whose applications for enrollment have been approved by the university school. The count of pupils who are enrolled in a university school for profoundly gifted pupils must be revised each quarter based upon the average daily enrollment of pupils in the university school reported for the preceding quarter pursuant to subsection 1 of NRS 387.1223.
6. Pursuant to NRS 387.1242, the governing body of a university school for profoundly gifted pupils may request that the apportionments made to the university school in its first year of operation be paid to the university school 30 days before the apportionments are otherwise required to be made.
7. If a university school for profoundly gifted pupils ceases to operate pursuant to this chapter during a school year, the remaining apportionments that would have been made to the university school pursuant to NRS 387.124 and 387.1242 for that school year must be paid on a proportionate basis to the school districts where the pupils who were enrolled in the university school reside.
8. If the governing body of a university school for profoundly gifted pupils uses money received from this State to purchase real property, buildings, equipment or facilities, the governing body of the university school shall assign a security interest in the property, buildings, equipment and facilities to the State of Nevada.
Sec. 10. NRS 388D.020 is hereby amended to read as follows:
388D.020 1. If the parent of a child who is subject to compulsory enrollment and attendance wishes to homeschool the child, the parent must file with the superintendent of schools of the school district in which the child resides a written notice of intent to homeschool the child. The Department shall develop a standard form for the notice of intent to homeschool. The form must not require any information or assurances that are not otherwise required by this section or other specific statute. The board of trustees of each school district shall, in a timely manner, make only the form developed by the Department available to parents who wish to homeschool their child.
2. The notice of intent to homeschool must be filed before beginning to homeschool the child or:
(a) Not later than 10 days after the child has been formally withdrawn from enrollment in public school; or
(b) Not later than 30 days after establishing residency in this State.
3. The purpose of the notice of intent to homeschool is to inform the school district in which the child resides that the child is exempt from the requirement of compulsory enrollment and attendance.
4. If the name or address of the parent or child as indicated on a notice of intent to homeschool changes, the parent must, not later than 30 days after the change, file a new notice of intent to homeschool with the superintendent of schools of the school district in which the child resides.
5. A notice of intent to homeschool must include only the following:
(a) The full name, age and gender of the child;
(b) The name and address of each parent filing the notice of intent to homeschool;
κ2023 Statutes of Nevada, Page 1206 (CHAPTER 206, AB 54)κ
(c) A statement signed and dated by each such parent declaring that the parent has control or charge of the child and the legal right to direct the education of the child, and assumes full responsibility for the education of the child while the child is being homeschooled;
(d) An educational plan for the child that is prepared pursuant to NRS 388D.050;
(e) If applicable, the name of the public school in this State which the child most recently attended; and
(f) An optional statement that the parent may sign which provides:
I expressly prohibit the release of any information contained in this document, including, without limitation, directory information as defined in 20 U.S.C. § 1232g(a)(5)(A), without my prior written consent.
6. Each superintendent of schools of a school district shall accept notice of intent to homeschool that is filed with the superintendent pursuant to this section and meets the requirements of subsection 5, and shall not require or request any additional information or assurances from the parent who filed the notice.
7. The school district shall provide to a parent who files a notice a written acknowledgment which clearly indicates that the parent has provided notification required by law and that the child is being homeschooled. The written acknowledgment shall be deemed proof of compliance with Nevadas compulsory school enrollment and attendance law. The school district shall retain a copy of the written acknowledgment for not less than 15 years. The written acknowledgment may be retained in electronic format.
Sec. 11. NRS 388D.200 is hereby amended to read as follows:
388D.200 [1.] Except as otherwise provided in this [subsection,] section, if a child is exempt from compulsory enrollment and attendance pursuant to NRS 392.070 [or 392.110,] and the child is employed to work in the entertainment industry pursuant to a written contract for a period of more than 91 school days, or its equivalent if the child resides in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, including, without limitation, employment with a motion picture company or employment with a production company hired by a casino or resort hotel, the entity that employs the child shall, upon the request of the parent or legal guardian of the child, pay the costs for the child to receive at least 3 hours of tutoring per day for at least 5 days per week. In lieu of tutoring, the parent or legal guardian of such a child may agree with the entity that employs the child that the entity will pay the costs for the child to receive other educational or instructional services which are equivalent to tutoring. The provisions of this [subsection] section apply during the period of a childs employment with an entity, regardless of whether the child has obtained the appropriate exemption from compulsory enrollment and attendance at the time his or her contract with the entity is under negotiation.
[2. If such a child is exempt from compulsory attendance pursuant to NRS 392.110, the tutoring or other educational or instructional services received by the child pursuant to subsection 1 must be approved by the board of trustees of the school district in which the child resides.]
κ2023 Statutes of Nevada, Page 1207 (CHAPTER 206, AB 54)κ
Sec. 12. NRS 392.016 is hereby amended to read as follows:
392.016 1. If a pupil has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive, or the parent or legal guardian with whom the pupil resides has been issued a fictitious address pursuant to NRS 217.462 to 217.471, inclusive, the pupil may attend a public school that is located in a school district other than the school district in which the pupil resides.
2. If a pupil described in subsection 1 attends a public school that is located in a school district other than the school district in which the pupil resides:
(a) The pupil must be included in the count of pupils of the school district in which the pupil attends school for the purposes of apportionments and allowances from the State Education Fund pursuant to NRS 387.121 to 387.12468, inclusive.
(b) Neither the board of trustees of the school district in which the pupil attends school nor the board of trustees of the school district in which the pupil resides is required to provide transportation for the pupil to attend the public school.
3. The provisions of this section do not apply to a pupil who is ineligible to enroll in or attend a public school pursuant to NRS 392.264 or 392.4675.
Sec. 13. NRS 392.040 is hereby amended to read as follows:
392.040 1. Except as otherwise provided by law, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of any child between the ages of 7 and 18 years shall enroll the child in a public school and send the child to [a] the public school for the full school day during all the time the public school is in session in the school district in which the child resides unless the child has graduated from high school.
2. A child who is 5 years of age on or before the first day of a school year may be admitted to kindergarten at the beginning of that school year, and the childs enrollment must be counted for purposes of apportionment. If a child is not 5 years of age on or before the first day of a school year, the child must not be admitted to kindergarten.
3. Except as otherwise provided in subsection 4, a child who is 6 years of age on or before the first day of a school year must:
(a) If the child has not completed kindergarten, be admitted to kindergarten at the beginning of that school year; or
(b) If the child has completed kindergarten, be admitted to the first grade at the beginning of that school year,
Κ and the childs enrollment must be counted for purposes of apportionment. If a child is not 6 years of age on or before the first day of a school year, the child must not be admitted to the first grade until the beginning of the school year following the childs sixth birthday.
4. The parents, custodial parent, guardian or other person within the State of Nevada having control or charge of a child who is 6 years of age on or before the first day of a school year may elect for the child not to enroll in and attend kindergarten or the first grade during that year. The parents, custodial parent, guardian or other person who makes such an election shall file with the board of trustees of the appropriate school district a waiver in a form prescribed by the board.
κ2023 Statutes of Nevada, Page 1208 (CHAPTER 206, AB 54)κ
5. Whenever a child who is 6 years of age is enrolled in a public school, each parent, custodial parent, guardian or other person in the State of Nevada having control or charge of the child shall send the child to the public school for the full school day during all the time the school is in session. If the board of trustees of a school district has adopted a policy prescribing a minimum number of days of attendance for pupils enrolled in kindergarten or first grade pursuant to NRS 392.122, the school district shall provide to each parent and legal guardian of a pupil who elects to enroll his or her child in kindergarten or first grade a written document containing a copy of that policy and a copy of the policy of the school district concerning the withdrawal of pupils from kindergarten or first grade. Before the childs first day of attendance at a school, the parent or legal guardian shall sign a statement on a form provided by the school district acknowledging or acknowledge via registration on an Internet website maintained by the school district that he or she has read and understands the policy concerning attendance , the child understands the policy concerning attendance and the parent or legal guardian, as applicable, has read and understands the policy concerning withdrawal of pupils from kindergarten or first grade. The parent or legal guardian shall comply with the applicable requirements for attendance. This requirement for attendance does not apply to any child under the age of 7 years who has not yet been enrolled or has been formally withdrawn from enrollment in public school.
6. A pupil who receives services outside of a public school pursuant to an individualized education program or a plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, shall be deemed to be in attendance at the public school and in compliance with the requirements for attendance set forth in this section during the time the pupil is receiving the services and is being transported to and from the public school to receive those services.
7. A child who is 7 years of age on or before the first day of a school year must:
(a) If the child has completed kindergarten and the first grade, be admitted to the second grade.
(b) If the child has completed kindergarten, be admitted to the first grade.
(c) If the parents, custodial parent, guardian or other person in the State of Nevada having control or charge of the child waived the childs enrollment and attendance from kindergarten pursuant to subsection 4, undergo an assessment by the district pursuant to subsection [7] 8 to determine whether the child is prepared developmentally to be admitted to the first grade. If the district determines that the child is prepared developmentally, the child must be admitted to the first grade. If the district determines that the child is not so prepared, he or she must be admitted to kindergarten.
Κ The enrollment of any child pursuant to this subsection must be counted for apportionment purposes.
[7.] 8. Each school district shall prepare and administer before the beginning of each school year a developmental screening test to a child:
(a) Who is 7 years of age on or before the first day of the next school year; and
(b) Whose parents waived the childs enrollment and attendance from kindergarten pursuant to subsection 4,
κ2023 Statutes of Nevada, Page 1209 (CHAPTER 206, AB 54)κ
Κ to determine whether the child is prepared developmentally to be admitted to the first grade. The results of the test must be made available to the parents, custodial parent, guardian or other person within the State of Nevada having control or charge of the child.
[8.] 9. Except as otherwise provided in subsection [9,] 10, a child who becomes a resident of this State after completing kindergarten or beginning first grade in another state in accordance with the laws of that state may be admitted to the grade the child was attending or would be attending had he or she remained a resident of the other state regardless of his or her age, unless the board of trustees of the school district determines that the requirements of this section are being deliberately circumvented.
[9.] 10. Pursuant to the provisions of NRS 388F.010, a child who transfers to a school in this State from a school outside this State because of the military transfer of the parent or legal guardian of the child must be admitted to:
(a) The grade, other than kindergarten, the child was attending or would be attending had he or she remained a resident of the other state, regardless of the childs age.
(b) Kindergarten, if the child was enrolled in kindergarten in another state in accordance with the laws of that state, regardless of the childs age.
[10.] 11. As used in this section, kindergarten includes:
(a) A kindergarten established by the board of trustees of a school district pursuant to NRS 388.060;
(b) A kindergarten established by the governing body of a charter school; and
(c) An authorized program of instruction for kindergarten offered in a childs home pursuant to NRS 388.060.
Sec. 14. (Deleted by amendment.)
Sec. 15. NRS 392.060 is hereby amended to read as follows:
392.060 [Attendance] Enrollment and attendance required by the provisions of NRS 392.040 shall be excused when satisfactory written evidence is presented to the board of trustees of the school district in which the child resides that the child has already completed the 12 grades of the elementary and high school courses.
Sec. 16. NRS 392.070 is hereby amended to read as follows:
392.070 [Attendance] Enrollment and attendance of a child required by the provisions of NRS 392.040 must be excused when:
1. The child is enrolled in a private school pursuant to chapter 394 of NRS; or
2. A parent of the child chooses to provide education to the child and files a notice of intent to homeschool the child with the superintendent of schools of the school district in which the child resides in accordance with NRS 388D.020.
Sec. 17. NRS 392.075 is hereby amended to read as follows:
392.075 [Attendance]
1. Except as otherwise provided in subsection 2, enrollment and attendance required by the provisions of NRS 392.040 must be excused if a child has obtained permission to take the high school equivalency assessment pursuant to NRS 390.055.
2. After a child has taken the high school equivalency assessment, the child shall enroll in and attend school pursuant to the provisions of NRS 392.040 until the child receives notification that the child has successfully completed the assessment.
κ2023 Statutes of Nevada, Page 1210 (CHAPTER 206, AB 54)κ
Sec. 18. NRS 392.122 is hereby amended to read as follows:
392.122 1. Except as otherwise provided in NRS 389.320, the board of trustees of each school district shall prescribe a minimum number of days that a pupil who is subject to compulsory enrollment and attendance and enrolled in a school in the district must be in attendance for the pupil to obtain credit or to be promoted to the next higher grade. The board of trustees of a school district may adopt a policy prescribing [a] :
(a) A minimum number of days that a pupil who is enrolled in kindergarten or first grade in the school district must be in attendance for the pupil to obtain credit or to be promoted to the next higher grade.
(b) The circumstances under which a pupil will be considered chronically absent by the Department.
2. [For the purposes of this section, the days on which a pupil is not in attendance because the pupil is absent for up to 10 days within 1 school year with the approval of the teacher or principal of the school pursuant to NRS 392.130, must be credited towards the required days of attendance if the pupil has completed course-work requirements. The teacher or principal of the school may approve the absence of a pupil for deployment activities of the parent or legal guardian of the pupil, as defined in NRS 388F.010. If the board of trustees of a school district has adopted a policy pursuant to subsection 5, the 10-day limitation on absences does not apply to absences that are excused pursuant to that policy.
3. Except as otherwise provided in subsection 5, before] Before a pupil is denied credit or promotion to the next higher grade for failure to comply with the attendance requirements prescribed pursuant to subsection 1, the principal of the school in which the pupil is enrolled or the principals designee shall provide written notice of the intended denial to the parent or legal guardian of the pupil. The notice must include a statement indicating that the pupil and the pupils parent or legal guardian may request a review of the absences of the pupil and a statement of the procedure for requesting such a review. Upon the request for a review by the pupil and the pupils parent or legal guardian, the parent or legal guardian may present the principal or the principals designee [shall review the reason for each absence of the pupil upon which the intended denial of credit or promotion is based. After the review, the principal or the principals designee shall credit towards the required days of attendance each day of absence for which:
(a) There is evidence or a written affirmation by the parent or legal guardian of the pupil that the pupil was physically or mentally unable to attend school on the day of the absence; and
(b) The pupil has completed course-work requirements.
4.] with documentation that the pupil has complied with the attendance requirements prescribed pursuant to subsection 1 by attending school, either in person or through an alternative program of education or a program of distance education approved by the Department. If the documentation is accurate and the principal or principals designee finds that any absence of the pupil was entered in error, the error must be corrected and the absences of the pupil must be recalculated for the purposes of determining whether the pupil may obtain credit or be promoted to the next higher grade.
3. A pupil and the pupils parent or legal guardian may appeal a decision of a principal or the principals designee pursuant to subsection [3] 2 to the board of trustees of the school district in which the pupil is enrolled.
κ2023 Statutes of Nevada, Page 1211 (CHAPTER 206, AB 54)κ
[5. The board of trustees of a school district may adopt a policy to exempt pupils who are physically or mentally unable to attend school from the limitations on absences set forth in subsection 1. If a board of trustees adopts a policy pursuant to this subsection:
(a) A pupil who receives an exemption pursuant to this subsection is not exempt from the minimum number of days of attendance prescribed pursuant to subsection 1.
(b) The days on which a pupil is physically or mentally unable to attend school must be credited towards the required days of attendance if the pupil has completed course-work requirements.
(c) The procedure for review of absences set forth in subsection 3 does not apply to days on which the pupil is absent because the pupil is physically or mentally unable to attend school.
6.] 4. A school shall inform the parents or legal guardian of each pupil who is enrolled in the school that the parents or legal guardian and the pupil are required to comply with the provisions governing the enrollment, attendance and truancy of pupils set forth in NRS 392.040 to 392.160, inclusive, and any other rules concerning attendance and truancy adopted by the board of trustees of the school district.
Sec. 19. NRS 392.126 is hereby amended to read as follows:
392.126 1. There is hereby created in each county at least one advisory board to review school attendance. The membership of each such board must, to the greatest extent possible, reflect the ethnic and geographic diversity of the county and may consist of:
(a) One probation officer in the county who works on cases relating to juveniles, appointed by the judge or judges of the juvenile court of the county;
(b) One representative of a law enforcement agency in the county who works on cases relating to juveniles, appointed by the judge or judges of the juvenile court of the county;
(c) One representative of the district attorney for the county, appointed by the district attorney;
(d) One parent or legal guardian of a pupil who is enrolled in a public school in the county, or his or her designee or alternate who is also a parent or legal guardian, appointed by the president of the board of trustees of the school district;
(e) One member of the board of trustees of the school district, appointed by the president of the board of trustees;
(f) One school counselor or school teacher employed by the school district, appointed by an organization or association that represents licensed educational personnel in the school district;
(g) One deputy sheriff in the county, appointed by the sheriff of the county; and
(h) One representative of the agency which provides child welfare services, as defined in NRS 432B.030.
2. The members of each such board shall elect a chair from among their membership.
3. Each member of such a board must be appointed for a term of 2 years. A vacancy in the membership of the board must be filled in the same manner as the original appointment for the remainder of the unexpired term.
4. Each member of such a board serves without compensation, except that, for each day or portion of a day during which a member of the board attends a meeting of the board or is otherwise engaged in the business of the board, the member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
κ2023 Statutes of Nevada, Page 1212 (CHAPTER 206, AB 54)κ
attends a meeting of the board or is otherwise engaged in the business of the board, the member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. The board of trustees of the school district shall pay the per diem allowance and travel expenses from the general fund of the school district.
Sec. 20. NRS 392.130 is hereby amended to read as follows:
392.130 1. Within the meaning of this chapter, a pupil shall be deemed a truant who is absent from school without the written approval of the pupils teacher or the principal of the school, unless the pupil is physically or mentally unable to attend school. [The]
2. Upon the request of a parent or legal guardian of a pupil, made during the absence or within the 3 days immediately preceding or the 3 days immediately following the requested absence, a teacher or principal [shall] may give his or her written approval for [a] the pupil to be absent if an emergency exists [or upon the request of a parent or legal guardian of the pupil.] , including, without limitation, a medical emergency concerning a member of his or her family, compliance with a court order, a funeral or similar event of grieving, a family emergency, temporary homelessness and a religious observance. A teacher or principal may not approve absences pursuant to this subsection in excess of 10 percent of the number of school days in the school year.
3. Before a pupil may attend or otherwise participate in school activities outside the classroom during regular classroom hours, the pupil must receive the approval of the teacher or principal.
[2.] 4. An unapproved absence for at least one period, or the equivalent of one period for the school, of a school day may be deemed a truancy for the purposes of this section.
[3.] 5. If a pupil is physically or mentally unable to attend school, the parent or legal guardian or other person having control or charge of the pupil shall notify the teacher or principal of the school orally or in writing, in accordance with the policy established by the board of trustees of the school district, within 3 days after the pupil returns to school.
[4.] 6. An absence which has not been approved pursuant to [subsection 1 or 3] this section shall be deemed an unapproved absence. In the event of an unapproved absence, the teacher, attendance officer or other school official shall deliver or cause to be delivered a written or electronic notice of truancy to the parent, legal guardian or other person having control or charge of the child. The written or electronic notice must be delivered to the parent, legal guardian or other person who has control of the child. The written or electronic notice must inform the parents or legal guardian of such absences in a form specified by the Department.
[5.] 7. Except as otherwise provided in subsection 2 of NRS 392.122, all approved and unapproved absences must be counted for the purpose of determining whether a pupil is chronically absent.
8. The board of trustees of each school district and the governing body of each charter school and university school for profoundly gifted pupils shall:
(a) Communicate through various means, in a format and, to the extent practicable, in a language that parents and legal guardians can understand, the truancy policy and the definition of chronic absenteeism adopted by the Department pursuant to NRS 392.150; and
κ2023 Statutes of Nevada, Page 1213 (CHAPTER 206, AB 54)κ
(b) Provide a parent or legal guardian of a pupil notice when the pupil is approaching the limit of 10 percent in the number of absences that may be approved pursuant to subsection 2.
9. The provisions of this section apply to all pupils who are required to enroll in and attend school pursuant to NRS 392.040.
[6.] 10. As used in this section, physically or mentally unable to attend does not include a physical or mental condition for which a pupil is excused pursuant to NRS 392.050.
Sec. 21. NRS 392.140 is hereby amended to read as follows:
392.140 1. Any child who has been declared a truant three or more times within one school year must be declared a habitual truant.
2. Any child who has once been declared a habitual truant and who in an immediately succeeding year is absent from school without the written [:
(a) Approval] approval of the childs teacher or the principal of the school pursuant to subsection 1 or 2 of NRS 392.130 [; or
(b) Notice of his or her parent or legal guardian or other person who has control or charge over the pupil pursuant to subsection 3 of NRS 392.130,
Κ] may again be declared a habitual truant [.] , unless the child is physically or mentally unable to attend school as provided in NRS 392.130.
3. The provisions of this section apply to all pupils who are required to enroll in and attend school pursuant to NRS 392.040.
Sec. 22. NRS 392.141 is hereby amended to read as follows:
392.141 The provisions of NRS 392.144 to 392.148, inclusive, apply to all pupils who are required to enroll in and attend school pursuant to NRS 392.040.
Sec. 23. NRS 392.144 is hereby amended to read as follows:
392.144 1. If a pupil has [one or more unapproved absences] been truant from school, the school in which the pupil is enrolled shall take reasonable actions designed, as applicable, to encourage, enable or convince the pupil to attend school.
2. If a pupil is a habitual truant pursuant to NRS 392.140, or if a pupil who is a habitual truant pursuant to NRS 392.140 is again declared truant pursuant to NRS 392.130 in the same school year after being declared a habitual truant, the principal of the school shall:
(a) Report the pupil to an attendance officer, a school police officer or the local law enforcement agency for investigation and issuance of a citation, if warranted, in accordance with NRS 392.149;
(b) If the parent or legal guardian of a pupil has signed a written or electronic consent pursuant to subsection 4, submit a written or electronic referral of the pupil to the advisory board to review school attendance in the county in accordance with NRS 392.146; or
(c) Refer the pupil for the imposition of administrative sanctions in accordance with NRS 392.148.
3. The board of trustees of each school district shall adopt criteria to determine whether the principal of a school shall:
(a) Report a pupil to an attendance officer, a school police officer or the law enforcement agency pursuant to paragraph (a) of subsection 2;
(b) Refer a pupil to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2; or
(c) Refer a pupil for the imposition of administrative sanctions pursuant to paragraph (c) of subsection 2.
κ2023 Statutes of Nevada, Page 1214 (CHAPTER 206, AB 54)κ
4. If the principal of a school makes an initial determination to submit a written or electronic referral of a pupil to the advisory board to review school attendance, the principal shall notify the parent or legal guardian of the pupil and request the parent or legal guardian to sign a written or electronic consent that authorizes the school and, if applicable, the school district to release the records of the pupil to the advisory board to the extent that such release is necessary for the advisory board to carry out its duties pursuant to NRS 392.146 and 392.147. The written consent must comply with the applicable requirements of 20 U.S.C. § 1232g(b) and 34 C.F.R. Part 99. If the parent or legal guardian refuses to sign the consent, the principal shall:
(a) Report the pupil to an attendance officer, a school police officer or the local law enforcement agency pursuant to paragraph (a) of subsection 2; or
(b) Refer the pupil for the imposition of administrative sanctions pursuant to paragraph (c) of subsection 2.
Sec. 24. NRS 392.146 is hereby amended to read as follows:
392.146 A written or electronic referral of a pupil to an advisory board to review school attendance must include the dates on which the pupil was truant from school and all action taken by the school to assist the pupil to attend school. The advisory board may request clarification of any information contained in the written or electronic referral or any additional information that the advisory board considers necessary. The school shall provide written or electronic notice of the referral to the parents or legal guardian of the pupil. The written or electronic notice must include, without limitation:
1. The name and address of the pupil referred;
2. A written or electronic explanation of the reason for the referral;
3. A summary of the provisions of NRS 392.147; and
4. The address and telephone number of the advisory board to review school attendance.
Sec. 25. NRS 392.147 is hereby amended to read as follows:
392.147 1. If an advisory board to review school attendance receives a written or electronic referral of a pupil pursuant to NRS 392.146, the advisory board shall set a date, time and place for a hearing. The pupil and the pupils parents or legal guardian shall attend the hearing held by the advisory board. The hearing must be closed to the public. The chair of an advisory board to review school attendance may request that subpoenas for a hearing conducted pursuant to this section be issued to:
(a) The parent or legal guardian of a pupil who has been referred to the advisory board or any other person that the advisory board considers necessary to the hearing.
(b) A pupil who has been referred to the advisory board.
2. If a pupil and the pupils parents or legal guardian do not attend the hearing, the chair of the advisory board shall:
(a) Report the pupil to an attendance officer, a school police officer or the appropriate local law enforcement agency for investigation and issuance of a citation, if warranted in accordance with NRS 392.149; or
(b) Refer the pupil for the imposition of administrative sanctions in accordance with NRS 392.148.
3. If an advisory board to review school attendance determines that the status of a pupil as a habitual truant can be adequately addressed through participation by the pupil in programs and services available in the community, the advisory board shall order the pupil to participate in such programs and services.
κ2023 Statutes of Nevada, Page 1215 (CHAPTER 206, AB 54)κ
participation by the pupil in programs and services available in the community, the advisory board shall order the pupil to participate in such programs and services. If the pupil does not agree to participate in such programs and services, the chair of the advisory board shall report the pupil to an attendance officer, a school police officer or the appropriate local law enforcement agency for investigation and issuance of a citation, if warranted in accordance with NRS 392.149, or refer the pupil for the imposition of administrative sanctions in accordance with NRS 392.148. If the pupil agrees to participate in such programs and services, the advisory board, the pupil and the parents or legal guardian of the pupil shall enter into a written or electronic agreement that:
(a) Sets forth the findings of the advisory board;
(b) Sets forth the terms and conditions of the pupils participation in the programs and services designated by the advisory board; and
(c) Adequately informs the pupil and the pupils parents or legal guardian that if the pupil or his or her parents or legal guardian do not comply with the terms of the written or electronic agreement, the chair of the advisory board is legally obligated to report the pupil to an attendance officer, a school police officer or the appropriate local law enforcement agency for investigation and issuance of a citation, if warranted in accordance with NRS 392.149, or refer the pupil for the imposition of administrative sanctions in accordance with NRS 392.148.
Κ The parents or legal guardian of the pupil shall, upon the request of the advisory board, provide proof satisfactory to the advisory board that the pupil is participating in the programs and services set forth in the written or electronic agreement.
4. The chair of an advisory board to review school attendance shall report a pupil to an attendance officer, a school police officer or the appropriate local law enforcement agency or refer the pupil for the imposition of administrative sanctions in accordance with NRS 392.148 if:
(a) The pupil and the pupils parents or legal guardian fail to attend a hearing set by the advisory board pursuant to subsection 1;
(b) The advisory board determines that the status of a pupil as a habitual truant cannot be adequately addressed by requiring the pupil to participate in programs and services available in the community;
(c) The pupil does not consent to participation in programs and services pursuant to subsection 3; or
(d) The pupil or the pupils parents or legal guardian violates the terms of the written or electronic agreement entered into pursuant to subsection 3.
5. If the chair of an advisory board makes a report to an attendance officer, a school police officer or the local law enforcement agency pursuant to subsection 4, the chair shall:
(a) Submit to the attendance officer, school police officer or law enforcement agency, as applicable, written or electronic documentation of all efforts made by the advisory board to address the status of the pupil as a habitual truant; and
(b) Make recommendations to the attendance officer, school police officer or law enforcement agency, as applicable, regarding the appropriate disposition of the case.
6. If the chair of an advisory board refers a pupil for the imposition of administrative sanctions pursuant to subsection 4, the chair shall:
κ2023 Statutes of Nevada, Page 1216 (CHAPTER 206, AB 54)κ
(a) Provide written or electronic documentation of all efforts made by the advisory board to address the status of the pupil as a habitual truant; and
(b) Make recommendations regarding the appropriate disposition of the case.
7. If the parents or legal guardian of a pupil enter into a written or electronic agreement pursuant to this section, the parents or legal guardian may appeal to the board of trustees of the school district a determination made by the advisory board concerning the contents of the written or electronic agreement. Upon receipt of such a request, the board of trustees of the school district shall review the determination in accordance with the procedure established by the board of trustees for such matters.
8. The board of trustees of each school district shall adopt policies and rules to protect the confidentiality of the deliberations, findings and determinations made by an advisory board and information concerning a pupil and the family of a pupil. An advisory board shall not disclose information concerning the records of a pupil or services provided to a pupil or the pupils family unless the disclosure is specifically authorized by statute or by the policies and rules of the board of trustees and is necessary for the advisory board to carry out its duties.
Sec. 26. NRS 392.148 is hereby amended to read as follows:
392.148 1. Upon receipt of a report pursuant to NRS 392.144 or 392.147, a school police officer or a person designated pursuant to subsection 6 shall conduct an investigation, set a date for a hearing and provide a written or electronic notice of the hearing to the parent or legal guardian of the pupil. If it appears after investigation and a hearing that a pupil is a habitual truant, a school police officer or a person designated pursuant to subsection 6 may issue an order imposing the following administrative sanctions against a pupil:
(a) If it is the first time that administrative sanctions have been issued pursuant to this section because the pupil is a habitual truant, and the pupil is 14 years of age or older, order the suspension of the drivers license of the pupil for at least 30 days but not more than 6 months. If the pupil does not possess a drivers license, the order must provide that the pupil is prohibited from applying for a drivers license for 30 days:
(1) Immediately following the date of the order if the pupil is eligible to apply for a drivers license; or
(2) After the date the pupil becomes eligible to apply for a drivers license if the pupil is not eligible to apply for a drivers license.
(b) If it is the second time or any subsequent time that administrative sanctions have been issued pursuant to this section because the pupil is a habitual truant, and the pupil is 14 years of age or older, order the suspension of the drivers license of the pupil for at least 60 days but not more than 1 year. If the pupil does not possess a drivers license, the order must provide that the pupil is prohibited from applying for a drivers license for 60 days immediately following:
(1) The date of the order if the pupil is eligible to apply for a drivers license; or
(2) The date the pupil becomes eligible to apply for a drivers license if the pupil is not eligible to apply for a drivers license.
2. If a pupil applies for a drivers license, the Department of Motor Vehicles shall:
κ2023 Statutes of Nevada, Page 1217 (CHAPTER 206, AB 54)κ
(a) Notify the pupil of the provisions of this section that authorize the suspension of the drivers license of the pupil; and
(b) Require the pupil to sign an affidavit acknowledging that the pupil is aware that his or her drivers license may be suspended pursuant to this section.
3. If an order is issued pursuant to this section delaying the ability of the pupil to receive a drivers license, a copy of the order must be forwarded to the Department of Motor Vehicles not later than 5 days after the order is issued.
4. If an order is issued pursuant to this section suspending the drivers license of a pupil:
(a) The pupil shall surrender his or her drivers license to the school police officer or the person designated pursuant to subsection 6.
(b) Not later than 5 days after issuing the order, the school police officer or the designated person shall forward to the Department of Motor Vehicles a copy of the order and the drivers license of the pupil.
(c) The Department of Motor Vehicles:
(1) Shall report the suspension of the drivers license of the pupil to an insurance company or its agent inquiring about the pupils driving record, but such a suspension must not be considered for the purpose of rating or underwriting.
(2) Shall not treat the suspension in the manner statutorily required for moving traffic violations.
(3) Shall not require the pupil to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after the suspension of a drivers license.
5. The parent or legal guardian of a pupil may request a hearing before a person designated by the board of trustees of the school district in which the pupil is enrolled to appeal the imposition of any administrative sanctions pursuant to this section. The person designated by the board of trustees shall, not later than 30 days after receipt of the request, hold a hearing to review the reason for the imposition of any administrative sanctions. Not later than 30 days after the hearing, the person designated by the board of trustees shall issue a written decision affirming, denying or modifying the decision to impose administrative sanctions and mail a copy of the decision to the parent or legal guardian of the pupil.
6. If a public school does not have a school police officer assigned to it, the principal of the school may designate a qualified person to carry out the requirements of this section.
Sec. 27. NRS 392.149 is hereby amended to read as follows:
392.149 1. Upon receipt of a report pursuant to NRS 392.144 or 392.147, if it appears after investigation that a pupil is a habitual truant, the attendance officer, school police officer or law enforcement agency to whom the report is made shall prepare manually or electronically a citation directing the pupil to appear in the proper juvenile court.
2. A copy of the citation must be delivered to the pupil and to the parent, guardian or any other person who has control or charge of the pupil by:
(a) The local law enforcement agency;
(b) A school police officer employed by the board of trustees of the school district; or
κ2023 Statutes of Nevada, Page 1218 (CHAPTER 206, AB 54)κ
(c) An attendance officer appointed by the board of trustees of the school district.
3. The citation must be in the form prescribed for misdemeanor citations in NRS 171.1773.
4. The provisions of this section apply to all pupils who are required to enroll in and attend school pursuant to NRS 392.040.
Sec. 28. NRS 392.150 is hereby amended to read as follows:
392.150 1. The board of trustees of a school district may appoint an attendance officer for the school district, who need not be a licensed employee of the school district, except that in any school district where a system of classified employment is in effect, attendance officers must be classified employees of the school district. If the board of trustees appoints an attendance officer for the school district, the board of trustees may:
(a) Fix the compensation of the attendance officer;
(b) Prescribe the duties of the attendance officer; and
(c) Adopt regulations not inconsistent with law for the performance of the duties of the attendance officer.
2. The board of trustees of each school district shall:
(a) Establish procedures to monitor the attendance , chronic absenteeism and truancy of pupils, including, without limitation, a standard method for reporting the chronic absenteeism and truancy of pupils and a standard method for reporting excessive absences of pupils throughout the school district;
(b) Coordinate efforts to refer pupils who are truant to appropriate providers of community services; and
(c) Determine, based on the attendance , chronic absenteeism and truancy of pupils at each school within the school district, whether to employ an attendance clerk for a particular school or group of schools whose primary responsibility is to monitor the attendance and truancy of pupils.
3. The Department shall adopt by regulation a definition of the term chronic absenteeism. The board of trustees of each school district shall ensure that the actions taken pursuant to subsection 2 are consistent with such a definition.
Sec. 29. NRS 392.170 is hereby amended to read as follows:
392.170 Upon the written complaint of any person, the board of trustees of a school district or the governing body of a charter school shall:
1. Make a full and impartial investigation of all charges against parents, guardians or other persons having control or charge of any child who is under 18 years of age and required to enroll in and attend school pursuant to NRS 392.040 for violation of any of the provisions of NRS 392.040 to [392.110,] 392.075, inclusive, or 392.130 to 392.160, inclusive.
2. Make and file a written or electronic report of the investigation and the findings thereof in the records of the board.
Sec. 30. NRS 392.180 is hereby amended to read as follows:
392.180 If it appears upon investigation that any parent, guardian or other person having control or charge of any child who is under 18 years of age and required to enroll in and attend school pursuant to NRS 392.040 has violated any of the provisions of NRS 392.040 to [392.110,] 392.075, inclusive, or 392.130 to 392.160, inclusive, the clerk of the board of trustees or the governing body of a charter school in which the child is enrolled, except as otherwise provided in NRS 392.190, shall make and file in the proper court a criminal complaint against the parent, guardian or other person, charging the violation, and shall see that the charge is prosecuted by the proper authority.
κ2023 Statutes of Nevada, Page 1219 (CHAPTER 206, AB 54)κ
proper court a criminal complaint against the parent, guardian or other person, charging the violation, and shall see that the charge is prosecuted by the proper authority.
Sec. 31. NRS 392.200 is hereby amended to read as follows:
392.200 Any taxpayer, school administrator, school officer or deputy school officer in the State of Nevada may make and file in the proper court a criminal complaint against a parent, guardian or other person who has control or charge of any child who is under 18 years of age and required to enroll in and attend school pursuant to NRS 392.040 and who violates any of the provisions of law requiring the enrollment and attendance of children in the public schools of this State.
Sec. 32. NRS 392.210 is hereby amended to read as follows:
392.210 1. Except as otherwise provided in subsection 2, a parent, guardian or other person who has control or charge of any child and to whom notice has been given of the childs truancy as provided in NRS 392.130 , [and 392.140,] and who fails to prevent the childs subsequent truancy within that school year, is guilty of a misdemeanor.
2. A person who is licensed pursuant to NRS 424.030 to conduct a foster home is liable pursuant to subsection 1 for a child in his or her foster care only if the person has received notice of the truancy of the child as provided in NRS 392.130 , [and 392.140,] and negligently fails to prevent the subsequent truancy of the child within that school year.
Sec. 33. NRS 392.215 is hereby amended to read as follows:
392.215 Any parent, guardian or other person who, with intent to deceive under NRS 392.040 to [392.110,] 392.075, inclusive, or 392.130 to 392.165, inclusive:
1. Makes a false statement concerning the age or attendance at school;
2. Presents a false birth certificate or record of attendance at school; or
3. Refuses to furnish a suitable identifying document, record of attendance at school or proof of change of name, upon request by a local law enforcement agency conducting an investigation in response to notification pursuant to subsection 4 of NRS 392.165,
Κ of a child under 18 years of age who is under his or her control or charge, is guilty of a misdemeanor.
Sec. 34. NRS 392.264 is hereby amended to read as follows:
392.264 1. If a superintendent of a school district receives notification and a victim identified in the notification is a pupil in the school district, the superintendent shall not permit an offender who is subject to the provisions of NRS 62F.100 to 62F.150, inclusive, to enroll in or attend a public school that a victim is enrolled in or attending unless:
(a) An alternative plan of supervision is approved by the court pursuant to NRS 62F.130; or
(b) An alternative plan of attendance is approved by the court pursuant to NRS 62F.140.
2. If the court does not approve an alternative plan of supervision or an alternative plan of attendance for the offender and the school district in which the offender resides does not have another public school in the district for the offender to enroll in and attend, the superintendent of the school district shall negotiate an agreement with:
(a) The superintendent of an adjoining school district within this state for the offender to enroll in and attend a public school in that adjoining school district; or
κ2023 Statutes of Nevada, Page 1220 (CHAPTER 206, AB 54)κ
(b) The superintendent, or another appropriate administrator, of an adjoining school district in an adjoining state for the offender to enroll in and attend a public school in that adjoining school district.
3. The superintendent of the school district in which the offender resides shall inform the person with whom the superintendent is negotiating that the offender has been adjudicated delinquent for a sexual offense or a sexually motivated act, but the superintendent shall not disclose the name of a victim.
4. An agreement which is made pursuant to this section and which is presented to a board of trustees for approval:
(a) Must not contain the name of a victim;
(b) Must comply with the provisions of subsections 2 and 3 of NRS 392.010; and
(c) Must be approved by the Superintendent of Public Instruction.
5. A board of trustees may terminate an agreement entered into pursuant to this section if, because of a change in circumstances, the offender is able to enroll in and attend a public school in the school district in which the offender resides without violating subsection 1.
Sec. 35. NRS 392.268 is hereby amended to read as follows:
392.268 If a school district incurs additional costs for transporting an offender because the offender is prohibited from enrolling in or attending a public school that a victim is enrolled in or attending, the school district is entitled to reimbursement of all or part of those costs from the parents or guardians of the offender to the extent ordered by the court pursuant to NRS 62F.110. The superintendent of the school district or the parents or guardians of the offender may petition the court to reconsider the amount of reimbursement ordered by the court.
Sec. 36. NRS 394.098 is hereby amended to read as follows:
394.098 Postsecondary education is limited to education or educational services offered by an institution which is privately owned to persons who have completed or terminated their elementary and secondary education or who are beyond the age of compulsory school enrollment and attendance for the attainment of academic, professional or vocational objectives.
Sec. 37. NRS 394.103 is hereby amended to read as follows:
394.103 Private schools means private elementary and secondary educational institutions. The term does not include a home in which instruction is provided to a child who is excused from compulsory enrollment and attendance pursuant to NRS 392.070.
Sec. 38. NRS 62A.240 is hereby amended to read as follows:
62A.240 Private school includes private elementary and secondary educational institutions. The term does not include a home in which instruction is provided to a child who is excused from compulsory enrollment and attendance pursuant to NRS 392.070 or a school or educational program that is conducted exclusively for children who have been adjudicated delinquent.
Sec. 39. NRS 62B.320 is hereby amended to read as follows:
62B.320 1. Except as otherwise provided in this title, the juvenile court has exclusive original jurisdiction in proceedings concerning any child living or found within the county who is alleged or adjudicated to be in need of supervision because the child:
κ2023 Statutes of Nevada, Page 1221 (CHAPTER 206, AB 54)κ
(a) Is subject to compulsory school enrollment and attendance and is a habitual truant from school;
(b) Habitually disobeys the reasonable and lawful demands of the parent or guardian of the child and is unmanageable;
(c) Deserts, abandons or runs away from the home or usual place of abode of the child and is in need of care or rehabilitation;
(d) Uses an electronic communication device to transmit or distribute a sexual image of himself or herself to another person or to possess a sexual image in violation of NRS 200.737;
(e) Transmits or distributes an image of bullying committed against a minor in violation of NRS 200.900;
(f) Violates a county or municipal ordinance imposing a curfew on a child;
(g) Violates a county or municipal ordinance restricting loitering by a child;
(h) Commits an offense related to tobacco; or
(i) Commits an alcohol or marijuana offense that is punishable pursuant to paragraph (a) of subsection 1 of NRS 62E.173.
2. A child who is subject to the jurisdiction of the juvenile court pursuant to this section must not be considered a delinquent child.
3. The provisions of subsection 1 do not prohibit the imposition of administrative sanctions pursuant to NRS 392.148 against a child who is subject to compulsory school enrollment and attendance and is a habitual truant from school.
4. As used in this section:
(a) Alcohol or marijuana offense has the meaning ascribed to it in NRS 62E.173.
(b) Bullying means a willful act which is written, verbal or physical, or a course of conduct on the part of one or more persons which is not otherwise authorized by law and which exposes a person one time or repeatedly and over time to one or more negative actions which is highly offensive to a reasonable person and:
(1) Is intended to cause or actually causes the person to suffer harm or serious emotional distress;
(2) Poses a threat of immediate harm or actually inflicts harm to another person or to the property of another person;
(3) Places the person in reasonable fear of harm or serious emotional distress; or
(4) Creates an environment which is hostile to a pupil by interfering with the education of the pupil.
(c) Electronic communication device has the meaning ascribed to it in NRS 200.737.
(d) Sexual image has the meaning ascribed to it in NRS 200.737.
Sec. 40. NRS 129.090 is hereby amended to read as follows:
129.090 1. A petition filed pursuant to NRS 129.080 must be in writing, verified by the petitioner and set forth:
(a) The name, age and address of the minor;
(b) The names and addresses of the parents of the minor;
(c) The name and address of any legal guardian of the minor;
(d) If no parent or guardian can be found, the name and address of the childs nearest known relative residing within this state;
κ2023 Statutes of Nevada, Page 1222 (CHAPTER 206, AB 54)κ
(e) Facts relating to the minors education, employment, and length of residence apart from his or her parents or guardian;
(f) That the minor willingly lives apart from his or her parents or legal guardian with the consent or acquiescence of his or her parents or legal guardian;
(g) That the minor is managing his or her own financial affairs;
(h) That the source of the minors income is not derived from any activity declared to be a crime by the laws of this state or the United States; and
(i) That the minor is attending school or has been excused from enrolling in and attending school pursuant to NRS 392.040 to 392.125, inclusive.
2. If any of the facts required by subsection 1 are not known, the petition must so state.
3. For filing the petition, the clerk of the district court shall charge the fees prescribed by law for the commencement of civil actions or proceedings generally.
Sec. 41. NRS 361.068 is hereby amended to read as follows:
361.068 1. The following personal property is exempt from taxation:
(a) Personal property held for sale by a merchant;
(b) Personal property held for sale by a manufacturer;
(c) Raw materials and components held by a manufacturer for manufacture into products, and supplies to be consumed in the process of manufacture;
(d) Tangible personal property purchased by a business which will be consumed during the operation of the business;
(e) Livestock;
(f) Colonies of bees;
(g) Pipe and other agricultural equipment used to convey water for the irrigation of legal crops;
(h) All boats;
(i) Slide-in campers and camper shells;
(j) Except as otherwise provided in NRS 361.186, fine art for public display; and
(k) All personal property that is:
(1) Owned by a person who is not a resident of this state; and
(2) Located in this state solely for the purposes of:
(I) An exhibit that is used in a convention or tradeshow that is located in this State; or
(II) A display, exhibition, carnival, fair or circus that is transient in nature and is located in this State for not more than 30 days.
2. The Nevada Tax Commission may exempt from taxation that personal property for which the annual taxes would be less than the cost of collecting those taxes. If such an exemption is provided, the Nevada Tax Commission shall annually determine the average cost of collecting property taxes in this state which must be used in determining the applicability of the exemption.
3. A person claiming the exemption provided for in paragraph (j) of subsection 1 shall:
κ2023 Statutes of Nevada, Page 1223 (CHAPTER 206, AB 54)κ
(a) On or before June 15 for the next ensuing fiscal year, file with the county assessor an affidavit declaring that the fine art will, during that ensuing fiscal year, meet all the criteria set forth in paragraph (b) of subsection 4; and
(b) During any fiscal year in which the person claims the exemption, make available for educational purposes and not for resale, upon written request and without charge to any public school as defined in NRS 385.007, private school as defined in NRS 394.103 and parent of a child who receives instruction in a home pursuant to NRS 392.070, one copy of a poster depicting the fine art that the facility has on public display if such a poster is available for purchase by the public at the time of the request.
4. As used in this section:
(a) Boat includes any vessel or other watercraft, other than a seaplane, used or capable of being used as a means of transportation on the water.
(b) Fine art for public display:
(1) Except as otherwise provided in subparagraph (2), means a work of art which:
(I) Is an original painting in oil, mineral, water colors, vitreous enamel, pastel or other medium, an original mosaic, drawing or sketch, an original sculpture of clay, textiles, fiber, wood, metal, plastic, glass or a similar material, an original work of mixed media or a lithograph;
(II) Was purchased in an arms length transaction for $25,000 or more, or has an appraised value of $25,000 or more;
(III) Is on public display in a public or private art gallery, museum or other building or area in this state for at least 20 hours per week during at least 35 weeks of each year for which the exemption is claimed or, if the facility displaying the fine art disposes of it before the end of that year, during at least two-thirds of the full weeks during which the facility had possession of it, or if the gallery, museum or other building or area in which the fine art will be displayed will not be opened until after the beginning of the fiscal year for which the exemption is claimed, these display requirements must be met for the first full fiscal year after the date of opening, and the date of opening must not be later than 2 years after the purchase of the fine art being displayed; and
(IV) Is on display in a facility that is available for group tours by pupils or students for at least 5 hours on at least 60 days of each full year for which the exemption is claimed, during which the facility in which it is displayed is open, by prior appointment and at reasonable times, without charge; and
(2) Does not include:
(I) A work of fine art that is a fixture or an improvement to real property;
(II) A work of fine art that constitutes a copy of an original work of fine art, unless the work is a lithograph that is a limited edition and that is signed and numbered by the artist;
(III) Products of filmmaking or photography, including, without limitation, motion pictures;
(IV) Literary works;
(V) Property used in the performing arts, including, without limitation, scenery or props for a stage; or
(VI) Property that was created for a functional use other than, or in addition to, its aesthetic qualities, including, without limitation, a classic or custom-built automobile or boat, a sign that advertises a business, and custom or antique furniture, lamps, chandeliers, jewelry, mirrors, doors or windows.
κ2023 Statutes of Nevada, Page 1224 (CHAPTER 206, AB 54)κ
or custom-built automobile or boat, a sign that advertises a business, and custom or antique furniture, lamps, chandeliers, jewelry, mirrors, doors or windows.
(c) Personal property held for sale by a merchant includes property that:
(1) Meets the requirements of sub-subparagraphs (I) and (II) of subparagraph (1) of paragraph (b);
(2) Is made available for sale within 2 years after it is acquired; and
(3) Is made available for viewing by the public or prospective purchasers, or both, within 2 years after it is acquired, whether or not a fee is charged for viewing it and whether or not it is also used for purposes other than viewing.
(d) Public display means the display of a work of fine art where members of the public have access to the work of fine art for viewing during publicly advertised hours. The term does not include the display of a work of fine art in an area where the public does not generally have access, including, without limitation, a private office, hallway or meeting room of a business, a room of a business used for private lodging and a private residence.
(e) Pupil means a person who:
(1) Is enrolled for the current academic year in a public school as defined in NRS 385.007 or a private school as defined in NRS 394.103; or
(2) Receives instruction in a home and is excused from compulsory enrollment and attendance pursuant to NRS 392.070.
(f) Student means a person who is enrolled for the current academic year in:
(1) A community college or university; or
(2) A licensed postsecondary educational institution as defined in NRS 394.099 and a course concerning fine art.
Sec. 42. NRS 483.2521 is hereby amended to read as follows:
483.2521 1. Except as otherwise provided in subsection 4, the Department may issue a drivers license to a person who is 16 or 17 years of age if the person:
(a) Except as otherwise provided in subsection 2, has completed:
(1) A course in automobile driver education pursuant to NRS 389.090; or
(2) A course provided by a school for training drivers which is licensed pursuant to NRS 483.700 to 483.780, inclusive, and which complies with the applicable regulations governing the establishment, conduct and scope of automobile driver education adopted by the State Board of Education pursuant to NRS 389.090;
(b) Except as otherwise provided in subsection 3, has at least 50 hours of supervised experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280, including, without limitation, at least 10 hours of experience in driving a motor vehicle during darkness;
(c) Except as otherwise provided in subsection 3, submits to the Department, on a form provided by the Department, a log which contains the dates and times of the hours of supervised experience required pursuant to this section and which is signed:
κ2023 Statutes of Nevada, Page 1225 (CHAPTER 206, AB 54)κ
(1) By his or her parent or legal guardian; or
(2) If the person applying for the drivers license is an emancipated minor, by a licensed driver who is at least 21 years of age or by a licensed driving instructor,
Κ who attests that the person applying for the drivers license has completed the training and experience required pursuant to paragraphs (a) and (b);
(d) Submits to the Department:
(1) A written statement signed by the principal of the public school in which the person is enrolled or by a designee of the principal and which is provided to the person pursuant to NRS 392.123;
(2) A written statement signed by the parent or legal guardian of the person which states that the person is excused from compulsory enrollment and attendance pursuant to NRS 392.070;
(3) A copy of the persons high school diploma or certificate of attendance; or
(4) A copy of the persons certificate of general educational development or an equivalent document;
(e) Has not been found to be responsible for a motor vehicle crash during the 6 months before applying for the drivers license;
(f) Has not been convicted of or found by a court to have committed a moving traffic violation or convicted of a crime involving alcohol or a controlled substance during the 6 months before applying for the drivers license; and
(g) Has held an instruction permit for not less than 6 months before applying for the drivers license.
2. If a course described in paragraph (a) of subsection 1 is not offered within a 30-mile radius of a persons residence, the person may, in lieu of completing such a course as required by that paragraph, complete an additional 50 hours of supervised experience in driving a motor vehicle in accordance with paragraph (b) of subsection 1.
3. In lieu of the supervised experience required pursuant to paragraph (b) of subsection 1, a person applying for a Class C noncommercial drivers license may provide to the Department proof that the person has successfully completed:
(a) The training required pursuant to paragraph (a) of subsection 1; and
(b) A hands-on course in defensive driving that has been approved by the Department pursuant to NRS 483.727.
4. A person who is 16 or 17 years of age, who has held an instruction permit issued pursuant to subsection 4 of NRS 483.280 authorizing the holder of the permit to operate a motorcycle and who applies for a drivers license pursuant to this section that authorizes him or her to operate a motorcycle must comply with the provisions of paragraphs (d) to (g), inclusive, of subsection 1 and must:
(a) Except as otherwise provided in subsection 5, complete a course of motorcycle safety approved by the Department;
(b) Have at least 50 hours of experience in driving a motorcycle with an instruction permit issued pursuant to subsection 4 of NRS 483.280; and
(c) Submit to the Department, on a form provided by the Department, a log which contains the dates and times of the hours of experience required pursuant to paragraph (b) and which is signed by his or her parent or legal guardian who attests that the person applying for the motorcycle drivers license has completed the training and experience required pursuant to paragraphs (a) and (b).
κ2023 Statutes of Nevada, Page 1226 (CHAPTER 206, AB 54)κ
guardian who attests that the person applying for the motorcycle drivers license has completed the training and experience required pursuant to paragraphs (a) and (b).
5. If a course described in paragraph (a) of subsection 4 is not offered within a 30-mile radius of a persons residence, the person may, in lieu of completing the course, complete an additional 50 hours of experience in driving a motorcycle in accordance with paragraph (b) of subsection 4.
Sec. 43. NRS 483.267 is hereby amended to read as follows:
483.267 1. The Department may issue a restricted license to any applicant between the ages of 14 and 18 years which entitles the applicant to drive a motor vehicle upon a highway if a member of his or her household has a medical condition which renders that member unable to operate a motor vehicle, and a hardship exists which requires the applicant to drive.
2. An application for a restricted license under this section must:
(a) Be made upon a form provided by the Department.
(b) Contain a statement that a person living in the same household with the applicant suffers from a medical condition which renders that person unable to operate a motor vehicle and explaining the need for the applicant to drive.
(c) Be signed and verified as provided in NRS 483.300.
(d) Include:
(1) A written statement signed by the principal of the public school in which the applicant is enrolled or by a designee of the principal and which is provided to the applicant pursuant to NRS 392.123;
(2) A written statement signed by the parent or legal guardian of the applicant which states that the applicant is excused from compulsory school enrollment and attendance pursuant to NRS 392.070;
(3) A copy of the applicants high school diploma or certificate of attendance; or
(4) A copy of the applicants certificate of general educational development or an equivalent document.
(e) Contain such other information as may be required by the Department.
3. A restricted license issued pursuant to this section:
(a) Is effective for the period specified by the Department;
(b) Authorizes the licensee to operate a motor vehicle on a street or highway only under conditions specified by the Department; and
(c) May contain other restrictions which the Department deems necessary.
4. No license may be issued under this section until the Department is satisfied fully as to the applicants competency and fitness to drive a motor vehicle.
Sec. 44. NRS 483.270 is hereby amended to read as follows:
483.270 1. The Department may issue a restricted license to any pupil between the ages of 14 and 18 years who is attending:
(a) A public school in a school district in this State in a county whose population is less than 55,000 or in a city or town whose population is less than 25,000 when transportation to and from school is not provided by the board of trustees of the school district, if the pupil meets the requirements for eligibility adopted by the Department pursuant to subsection 5; or
κ2023 Statutes of Nevada, Page 1227 (CHAPTER 206, AB 54)κ
(b) A private school meeting the requirements for approval under NRS 392.070 when transportation to and from school is not provided by the private school,
Κ and it is impossible or impracticable to furnish such pupil with private transportation to and from school.
2. An application for the issuance of a restricted license under this section must:
(a) Be made upon a form provided by the Department.
(b) Be signed and verified as provided in NRS 483.300.
(c) Include a written statement signed by the:
(1) Principal of the public school in which the pupil is enrolled or by a designee of the principal and which is provided to the applicant pursuant to NRS 392.123; or
(2) Parent or legal guardian of the pupil which states that the pupil is excused from compulsory school enrollment and attendance pursuant to NRS 392.070.
(d) Contain such other information as may be required by the Department.
3. Any restricted license issued pursuant to this section:
(a) Is effective only for the school year during which it is issued or for a more restricted period.
(b) Authorizes the licensee to drive a motor vehicle on a street or highway only while going to and from school, and at a speed not in excess of 55 miles per hour.
(c) May contain such other restrictions as the Department may deem necessary and proper.
(d) May authorize the licensee to transport as passengers in a motor vehicle driven by the licensee, only while the licensee is going to and from school, members of his or her immediate family, or other minor persons upon written consent of the parents or guardians of such minors, but in no event may the number of passengers so transported at any time exceed the number of passengers for which the vehicle was designed.
4. No restricted license may be issued under the provisions of this section until the Department is satisfied fully as to the applicants competency and fitness to drive a motor vehicle.
5. The Department shall adopt regulations that set forth the requirements for eligibility of a pupil to receive a restricted license pursuant to paragraph (a) of subsection 1.
Sec. 45. NRS 644A.700 is hereby amended to read as follows:
644A.700 1. Any person desiring to conduct a school of cosmetology in which any one or any combination of the occupations of cosmetology are taught must apply to the Board for a license, through the owner, manager or person in charge, upon forms prepared and furnished by the Board. Each application must contain proof of the particular requisites for a license provided for in this chapter, and the applicant must certify that all the information contained in the application is truthful and accurate. The forms must be accompanied by:
κ2023 Statutes of Nevada, Page 1228 (CHAPTER 206, AB 54)κ
(a) A detailed floor plan of the proposed school;
(b) The name, address and number of the license of the manager or person in charge and of each instructor;
(c) Evidence of financial ability to provide the facilities and equipment required by regulations of the Board and to maintain the operation of the proposed school for 1 year;
(d) Proof that the proposed school will commence operation with an enrollment of a number of students acceptable to the Board;
(e) The applicable fee for a license;
(f) A copy of the contract for the enrollment of a student in a program at the school of cosmetology; and
(g) The name and address of the person designated to accept service of process.
2. Upon receipt by the Board of the application, the Board shall, before issuing a license, determine whether the proposed school:
(a) Is suitably located.
(b) Contains adequate floor space and adequate equipment.
(c) Has a contract for the enrollment of a student in a program at the school of cosmetology that is approved by the Board.
(d) Admits as regular students only persons who have received a certificate of graduation from high school, or the recognized equivalent of such a certificate, or who are beyond the age of compulsory school enrollment and attendance.
(e) Meets all requirements established by regulations of the Board.
3. The fee for issuance of a license for a school of cosmetology is:
(a) For 2 years, not less than $500 and not more than $800.
(b) For 4 years, not less than $1,000 and not more than $1,600.
4. If the proposed school meets all requirements established by this chapter and the regulations adopted pursuant thereto, the Board shall issue a license to the proposed school. The license must contain:
(a) The name of the proposed school;
(b) A statement that the proposed school is authorized to operate educational programs beyond secondary education; and
(c) Such other information as the Board considers necessary.
5. If the ownership of the school changes or the school moves to a new location, the school may not be operated until a new license is issued by the Board.
6. The Board shall, by regulation, prescribe:
(a) The minimum enrollment of students required by paragraph (d) of subsection 1; and
(b) The amount of floor space required by paragraph (b) of subsection 2.
7. After a license has been issued for the operation of a school of cosmetology, the licensee must obtain the approval of the Board before making any changes in the physical structure of the school.
Sec. 46. NRS 392.080 and 392.110 are hereby repealed.
Sec. 47. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 1229κ
Assembly Bill No. 163Assemblymen Gonzαlez, Considine, Thomas; Anderson, Brown-May, Dickman, Duran, Gray, Hardy, La Rue Hatch, Newby, Nguyen, ONeill, Orentlicher and Watts
Joint Sponsors: Senators Spearman, Neal, D. Harris; Lange, Ohrenschall and Scheible
CHAPTER 207
[Approved: June 5, 2023]
AN ACT relating to employment; providing for hours of leave, under certain circumstances, if an employee or a family or household member of an employee is a victim of an act which constitutes sexual assault; prohibiting the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation from denying certain persons unemployment benefits under certain circumstances; requiring employers to provide reasonable accommodations under certain circumstances; prohibiting an employer from taking certain actions against an employee; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that a person who commits certain acts is guilty of sexual assault. (NRS 200.366) Existing law requires an employer to provide certain hours of leave to an employee who has been employed by the employer for at least 90 days and who is a victim of an act which constitutes domestic violence, or such an employee whose family or household member is a victim of an act which constitutes domestic violence and the employee is not the alleged perpetrator. Existing law provides that such an employee is entitled to not more than 160 hours of leave during a 12-month period. Such leave: (1) may be paid or unpaid; (2) must be used within the 12 months immediately following the date on which the act which constitutes domestic violence occurred; (3) may be used consecutively or intermittently; and (4) under certain circumstances, must be deducted from leave permitted by the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq. Existing law additionally requires an employer to maintain a record of the use of the hours of leave for each employee for a 2-year period and to make those records available for inspection by the Labor Commissioner. (NRS 608.0198) Section 1 of this bill: (1) requires an employer to provide such leave to a victim of an act which constitutes sexual assault; (2) authorizes an employee to use the leave for certain purposes; and (3) requires an employer to maintain a record of the use of the hours of leave for each employee for a 2-year period and to make those records available for inspection by the Labor Commissioner.
Existing law prohibits the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation from denying a person unemployment compensation benefits in certain circumstances. (NRS 612.3755) Section 2 of this bill prohibits the Administrator from denying a person unemployment compensation benefits if the Administrator finds that the person: (1) left employment to protect himself or herself, or his or her family or household member, from an act which constitutes sexual assault; and (2) actively engaged in an effort to preserve employment. Section 2 also authorizes the Administrator to request evidence from the person to support a claim for benefits.
κ2023 Statutes of Nevada, Page 1230 (CHAPTER 207, AB 163)κ
Existing law requires an employer to provide reasonable accommodations which will not create an undue hardship for an employee who is a victim of an act which constitutes domestic violence or whose family or household member is a victim of an act which constitutes domestic violence. (NRS 613.222) Section 3 of this bill similarly requires an employer to provide such accommodations for an employee who is a victim of an act which constitutes sexual assault or whose family or household member is a victim of an act which constitutes sexual assault.
Existing law prohibits an employer from conditioning the employment of an employee or prospective employee or taking certain employment actions because of certain circumstances related to the commission of an act which constitutes domestic violence. (NRS 613.223) Section 4 of this bill prohibits an employer from conditioning the employment of an employee or prospective employee or taking certain employment actions because: (1) the employee or prospective employee is a victim of an act which constitutes sexual assault; (2) the employee or prospective employees family or household member is a victim of an act which constitutes sexual assault; or (3) of other circumstances related to being a victim of an act which constitutes sexual assault.
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 608.0198 is hereby amended to read as follows:
608.0198 1. An employee who has been employed by an employer for at least 90 days and who is a victim of an act which constitutes domestic violence [,] or sexual assault, or whose family or household member is a victim of an act which constitutes domestic violence [,] or sexual assault, and the employee is not the alleged perpetrator, is entitled to not more than 160 hours of leave in one 12-month period. Hours of leave provided pursuant to this subsection:
(a) May be paid or unpaid by the employer;
(b) Must be used within the 12 months immediately following the date on which the act which constitutes domestic violence or sexual assault occurred;
(c) May be used consecutively or intermittently; and
(d) If used for a reason for which leave may also be taken pursuant to the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq., must be deducted from the amount of leave the employee is entitled to take pursuant to this section and from the amount of leave the employee is entitled to take pursuant to the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq.
2. An employee may use the hours of leave pursuant to subsection 1 as follows:
(a) An employee may use the hours of leave only:
(1) For the diagnosis, care or treatment of a health condition related to an act which constitutes domestic violence or sexual assault committed against the employee or family or household member of the employee;
(2) To obtain counseling or assistance related to an act which constitutes domestic violence or sexual assault committed against the employee or family or household member of the employee;
(3) To participate in any court proceedings related to an act which constitutes domestic violence or sexual assault committed against the employee or family or household member of the employee; or
κ2023 Statutes of Nevada, Page 1231 (CHAPTER 207, AB 163)κ
(4) To establish a safety plan, including, without limitation, any action to increase the safety of the employee or the family or household member of the employee from a future act which constitutes domestic violence [.] or sexual assault.
(b) After taking any hours of leave upon the occurrence of the act which constitutes domestic violence [,] or sexual assault, an employee shall give not less than 48 hours advance notice to his or her employer of the need to use additional hours of leave for any purpose listed in paragraph (a).
3. An employer shall not:
(a) Deny an employee the right to use hours of leave in accordance with the conditions of this section;
(b) Require an employee to find a replacement worker as a condition of using hours of leave; or
(c) Retaliate against an employee for using hours of leave.
4. The employer of an employee who takes hours of leave pursuant to this section may require the employee to provide to the employer documentation that confirms or supports the reason the employee provided for requesting leave. Such documentation may include, without limitation, a police report, a copy of an application for an order for protection, an affidavit from an organization which provides services to victims of domestic violence or sexual assault or documentation from a physician. Any documentation provided to an employer pursuant to this subsection is confidential and must be retained by the employer in a manner consistent with the requirements of the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq.
5. The Labor Commissioner shall prepare a bulletin which clearly sets forth the right to the benefits created by this section. The Labor Commissioner shall post the bulletin on the Internet website maintained by the Office of Labor Commissioner, if any, and shall require all employers to post the bulletin in a conspicuous location in each workplace maintained by the employer. The bulletin may be included in any printed abstract posted by the employer pursuant to NRS 608.013.
6. An employer shall maintain a record of the hours of leave taken pursuant to this section for each employee for a 2-year period following the entry of such information in the record and, upon request, shall make those records available for inspection by the Labor Commissioner. The employer shall exclude the names of the employees from the records, unless a request for a record is for the purpose of an investigation.
7. The provisions of this section do not:
(a) Limit or abridge any other rights, remedies or procedures available under the law.
(b) Negate any other rights, remedies or procedures available to an aggrieved party.
(c) Prohibit, preempt or discourage any contract or other agreement that provides a more generous leave benefit or paid leave benefit.
8. As used in this section:
(a) Domestic violence has the meaning ascribed to it in NRS 33.018.
(b) Family or household member means a:
(1) Spouse;
(2) Domestic partner;
(3) Minor child; or
(4) Parent or other adult person who is related within the first degree of consanguinity or affinity to the employee, or other adult person who is or was actually residing with the employee at the time of the act which constitutes domestic violence [.]
κ2023 Statutes of Nevada, Page 1232 (CHAPTER 207, AB 163)κ
was actually residing with the employee at the time of the act which constitutes domestic violence [.] or sexual assault.
(c) Sexual assault has the meaning ascribed to it in NRS 200.366.
Sec. 2. NRS 612.3755 is hereby amended to read as follows:
612.3755 1. The Administrator shall not deny any otherwise eligible person benefits if the Administrator finds that:
(a) The person left employment to protect himself or herself, or a family or household member, from an act which constitutes domestic violence [;] or sexual assault; and
(b) The person actively engaged in an effort to preserve employment.
2. The Administrator may request the person to furnish evidence satisfactory to support the persons claim for benefits.
3. As used in this section:
(a) Domestic violence has the meaning ascribed to it in NRS 33.018.
(b) Family or household member means a:
(1) Spouse;
(2) Domestic partner;
(3) Minor child; or
(4) Parent or other adult person who is related within the first degree of consanguinity or affinity to the employee, or other adult person who is or was actually residing with the employee at the time of the act which constitutes domestic violence [.] or sexual assault.
(c) Sexual assault has the meaning ascribed to it in NRS 200.366.
Sec. 3. NRS 613.222 is hereby amended to read as follows:
613.222 1. An employer must make reasonable accommodations which will not create an undue hardship for an employee who is a victim of an act which constitutes domestic violence or sexual assault or whose family or household member is a victim of an act which constitutes domestic violence [.] or sexual assault. The employer may provide such accommodations, including, without limitation, as:
(a) A transfer or reassignment;
(b) A modified schedule;
(c) A new telephone number for work; or
(d) Any other reasonable accommodations which will not create an undue hardship deemed necessary to ensure the safety of the employee, the workplace, the employer or other employees.
2. An employer may require an employee to provide to the employer documentation that confirms or supports the reason the employee requires the reasonable accommodations.
3. As used in this section:
(a) Domestic violence has the meaning ascribed to it in NRS 33.018.
(b) Family or household member has the meaning ascribed to it in NRS 612.3755.
(c) Sexual assault has the meaning ascribed to it in NRS 200.366.
Sec. 4. NRS 613.223 is hereby amended to read as follows:
613.223 1. It is unlawful for any employer in this State to discharge, discipline, discriminate against in any manner or deny employment or promotion to, or threaten to take any such action against, an employee because:
(a) The employee requested to use hours of leave pursuant to NRS 608.0198;
κ2023 Statutes of Nevada, Page 1233 (CHAPTER 207, AB 163)κ
(b) The employee participated as a witness or interested party in court proceedings related to an act which constitutes domestic violence or sexual assault which triggered the use of leave pursuant to NRS 608.0198;
(c) The employee requested an accommodation pursuant to NRS 613.222; or
(d) An act which constitutes domestic violence or sexual assault was committed against the employee in the workplace of the employee.
2. As used in this section [, domestic] :
(a) Domestic violence has the meaning ascribed to it in NRS 33.018.
(b) Sexual assault has the meaning ascribed to it in NRS 200.366.
Sec. 5. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 4, 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 necessary to carry out the provisions of this act; and
(b) On January 1, 2024, for all other purposes.
________
Assembly Bill No. 193Assemblymen Gonzαlez, DSilva, Thomas, Anderson, Torres; Gorelow, La Rue Hatch, Marzola, C.H. Miller, Nguyen, Orentlicher, Peters and Taylor
Joint Sponsors: Senators Ohrenschall; Krasner and Nguyen
CHAPTER 208
[Approved: June 5, 2023]
AN ACT relating to criminal procedure; prohibiting a peace officer or other person authorized to conduct a custodial interrogation of a child from making certain statements during a custodial interrogation of a child; providing that a statement by a child obtained in violation of such a prohibition is presumed involuntary and inadmissible in any criminal or juvenile proceeding; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prescribes certain requirements relating to custodial interrogations. (NRS 62C.013, 171.1239) This bill prohibits a peace officer or other person authorized to conduct a custodial interrogation of a child from: (1) knowingly making certain materially false statements about evidence to a child who is the subject of a custodial interrogation; or (2) making certain express or implied promises of leniency or advantage to a child who is the subject of a custodial interrogation. This bill additionally creates a presumption that any statement by a child obtained in violation of this bill is involuntary and inadmissible in any criminal or juvenile proceeding. To overcome this presumption, the State must prove, by a preponderance of the evidence, that the statement was voluntary, reliable and not induced by a violation of this bill. Finally, this bill creates an exception to the prohibition created by this bill for circumstances in which: (1) the peace officer or other person who conducted the custodial interrogation reasonably believed that the information sought was necessary to protect life or property from an imminent threat; and (2) the questions asked by such a person were limited to those reasonably necessary to obtain information related to the imminent threat.
κ2023 Statutes of Nevada, Page 1234 (CHAPTER 208, AB 193)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 62C of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 3, a peace officer or other person authorized to conduct a custodial interrogation of a child taken into custody shall not during a custodial interrogation of a child:
(a) Knowingly make a materially false statement about evidence that is reasonably likely to elicit an incriminating response from the child; or
(b) Make any express or implied promise to the child of leniency or advantage for the child that the peace officer or other person conducting the investigation lacks the authority to make, including, without limitation, any promise about the filing of charges or prosecution of the child.
2. A statement by a child obtained in violation of this section is presumed to be involuntary and inadmissible in any criminal or juvenile proceeding. The State may overcome the presumption set forth in this subsection by proving by a preponderance of the evidence that the statement was voluntary, reliable and not induced by an act in violation of this section. In making a determination pursuant to this subsection of whether the presumption has been overcome, the finder of fact shall consider the totality of the circumstances of the interrogation.
3. Subsection 1 does not apply to a custodial interrogation of a child if:
(a) The peace officer or other person who conducted the custodial interrogation of the child reasonably believed the information sought was necessary to protect life or property from an imminent threat; and
(b) The questions asked by the peace officer or other person were limited to those reasonably necessary to obtain information related to the imminent threat.
4. As used in this section:
(a) Child means a person who is less than 18 years of age. The term includes:
(1) A person who is certified for criminal proceedings as an adult pursuant to NRS 62B.390 or 62B.400.
(2) A person who is excluded from the jurisdiction of the juvenile court pursuant to NRS 62B.330.
(b) Custodial interrogation means any interrogation of a person who is required to be advised of his or her rights pursuant to Miranda v. Arizona, 384 U.S. 436 (1966).
(c) Peace officer has the meaning ascribed to it in NRS 169.125.
Sec. 2. This act becomes effective on July 1, 2024.
________
κ2023 Statutes of Nevada, Page 1235κ
Senate Bill No. 511Committee on Finance
CHAPTER 209
[Approved: June 5, 2023]
AN ACT relating to state financial administration; making appropriations from the State General Fund and the State Highway Fund for the support of the civil government of the State of Nevada for the 2023-2025 biennium; providing for the use of the money so appropriated; making various other changes relating to the financial administration of the State; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The sums set forth in sections 2 to 33, inclusive, of this act are hereby appropriated from the State General Fund for the purposes expressed in those sections and for the support of the government of the State of Nevada for Fiscal Year 2023-2024 and Fiscal Year 2024-2025.
2023-2024 2024-2025
Sec. 2. The Office of the Governor.
For the support of the:
Office of the Governor....................... $3,769,200 $3,564,199
Office for New Americans...................... 306,832 335,823
Office of Finance................................... 5,079,248 5,637,330
Office of Finance Special Appropriations 275,000 250,000
Division of Internal Audits.................. 1,845,461 1,905,999
SMART 21............................................. 3,197,579 3,251,639
Governors Mansion................................ 578,396 357,565
Agency for Nuclear Projects............... 1,357,558 1,287,632
Office of Energy............................................... 100 100
Office of Science, Innovation and Technology 12,822,504 4,330,721
Office of Federal Assistance................... 740,310 748,742
Sec. 3. The Office of Lieutenant Governor.
For the support of the:
Office of the Lieutenant Governor $819,686 $834,317
Office of Small Business Advocacy $100 $100
Sec. 4. The Office of Attorney General.
For the support of the:
Attorney General Administration $3,542,163 $6,896,103
Special Litigation Account..................... 908,398 1,146,930
Medicaid Fraud Control Unit......................... 100 100
Crime Prevention...................................... 647,201 658,754
κ2023 Statutes of Nevada, Page 1236 (CHAPTER 209, SB 511)κ
2023-2024 2024-2025
Office of the Extradition Coordinator $1,170,623 $1,177,547
Bureau of Consumer Protection............. 705,009 734,130
Advisory Council for Prosecuting Attorneys 10,099 182,432
Grants Unit.................................................. 44,699 50,144
Victims of Domestic Violence............... 179,126 205,915
Sec. 5. The Office of Secretary of State.
For the support of the:
Office of the Secretary of State...... $21,282,118 $21,773,177
Help America Vote Act........................ 1,224,115 1,235,179
Sec. 6. The Office of State Treasurer.
For the support of the Office of the State Treasurer $434,669 $419,788
Sec. 7. The Office of State Controller.
For the support of the Office of the State Controller $5,936,168 $6,081,458
Sec. 8. Department of Administration.
For the support of the:
National Judicial College and National Council of Juvenile and Family Court Judges............................................................. $352,500 $352,500
Directors Office......................................... 42,368 39,339
State Public Works Division - Marlette Lake 100 100
State Public Works Division - Facility Condition and Analysis 367,775................................... 377,456
State Library........................................... 2,842,775 2,894,176
Archives and Public Records.............. 1,749,120 1,773,998
Sec. 9. Department of Taxation.
For the support of the Department of Taxation $39,294,122 $39,252,197
Sec. 10. Legislative Fund.
For the support of the:
Legislative Commission........................ $459,400 $351,900
Audit Division....................................... 7,096,938 7,860,320
Administrative Division.................... 32,664,142 34,237,821
Legal Division..................................... 10,929,834 11,493,389
Research Division................................. 6,481,303 6,731,965
Fiscal Analysis Division...................... 4,793,850 4,899,845
Interim Legislative Operations........... 1,924,795 1,940,078
Sec. 11. Supreme Court of Nevada.
For the support of the:
Specialty Court.................................... $4,220,943 $6,827,922
Supreme Court of Nevada................... 6,068,299 6,586,168
Supreme Court Law Library............... 1,525,410 1,569,838
κ2023 Statutes of Nevada, Page 1237 (CHAPTER 209, SB 511)κ
2023-2024 2024-2025
Senior Justice and Senior Judge Program $1,550,749 $1,550,894
State Judicial Elected Officials......... 25,960,649 26,332,641
Court of Appeals....................................... 436,428 461,092
Judicial Department Staff Salaries 22,014,226 23,256,233
Administrative Office of the Courts 127,819 2,468,949
Sec. 12. Commission on Judicial Discipline.
For the support of the Commission on Judicial Discipline $1,217,679 $1,215,689
Sec. 13. Office of Economic Development in the Office of the Governor.
For the support of the:
Office of Economic Development $7,653,412 $7,786,183
Rural Community Development............ 176,722 180,756
Procurement Outreach Program............. 261,178 262,401
Knowledge Account............................. 2,500,000 2,500,000
Sec. 14. Department of Tourism and Cultural Affairs.
For the support of the:
Museums and History Administration $241,071 $231,566
Nevada Historical Society, Reno 327,262 341,138
Nevada State Museum, Carson City 736,598 759,864
Nevada State Museum, Las Vegas 700,343 725,086
Lost City Museum.................................... 202,757 216,688
Nevada State Railroad Museums 561,498 583,490
Nevada Arts Council................................ 521,978 615,107
Nevada Humanities.................................. 200,000 200,000
Nevada Indian Commission.................... 517,061 666,261
Stewart Indian School Living Legacy 161,059 162,378
Sec. 15. Department of Education.
For the support of the:
Office of the Superintendent............. $2,807,965 $2,913,278
Parental Involvement and Family Engagement 163,054 175,731
Office of Early Learning and Development 23,291,482 25,853,686
Literacy Programs.................................... 979,997 969,355
Student and School Support................ 1,746,775 1,783,953
κ2023 Statutes of Nevada, Page 1238 (CHAPTER 209, SB 511)κ
2023-2024 2024-2025
Standards and Instructional Support $1,563,806 $3,798,244
District Support Services..................... 1,611,767 1,757,381
Career and Technical Education............ 751,900 751,900
Continuing Education.............................. 663,065 663,631
Individuals with Disabilities Education Act 405,827 442,820
Assessments and Accountability 17,064,508 17,468,746
Educator Effectiveness............................ 618,452 670,011
Data Systems Management................. 3,193,135 3,948,332
Safe and Respectful Learning............. 1,268,155 1,508,687
Account for Alternative Schools 125,236 131,728
Sec. 16. Nevada System of Higher Education.
For the support of the:
System Administration...................... $5,098,743 $5,108,357
Performance Funding Pool................................. 0 109,713,106
System Computing Center................ 19,239,579 19,274,776
University Press........................................ 468,283 469,533
Special Projects..................................... 2,306,730 2,309,400
Business Center North.......................... 2,225,537 2,233,644
Business Center South.......................... 2,019,355 2,027,813
University of Nevada, Reno........... 140,775,640 114,223,863
UNR Intercollegiate Athletics......... 5,522,681 5,526,255
Trust Account for the Education of Dependent Children 25,000 25,000
UNR Statewide Programs................ 8,825,654 8,842,795
Agricultural Experiment Station......... 5,776,519 5,792,625
Cooperative Extension Service........... 4,311,998 4,328,940
UNR School of Medicine............... 38,642,430 38,707,057
Health Laboratory and Research 1,837,995 1,843,099
University of Nevada, Las Vegas 209,161,530 169,644,132
UNLV School of Medicine............ 42,626,775 42,699,244
UNLV Intercollegiate Athletics 7,966,752 7,973,867
UNLV Statewide Programs.............. 3,885,251 3,890,056
UNLV Law School............................. 10,938,806 10,968,314
UNLV Dental School......................... 10,537,002 10,589,455
Great Basin College............................ 14,649,803 11,775,042
Nevada State College......................... 30,586,823 24,540,348
Desert Research Institute..................... 8,824,979 8,841,730
College of Southern Nevada............. 97,023,583 77,976,590
Western Nevada College................... 15,617,852 12,539,041
κ2023 Statutes of Nevada, Page 1239 (CHAPTER 209, SB 511)κ
2023-2024 2024-2025
Truckee Meadows Community College $35,038,431 $28,153,407
Silver State Opportunity Grant Program 5,000,000 5,000,000
Prison Education Program...................... 408,367 409,333
Western Interstate Commission for Higher Education:
Administration.................................... 370,242 370,950
Loans and Stipends............................ 992,370 997,448
Sec. 17. Department of Health and Human Services.
For the support of the:
Health and Human Services Administration $1,853,916 $1,973,049
Grants Management Unit.......................... 32,781 34,492
Nevada Governors Council on Developmental Disabilities 186,486................................... 186,863
Data Analytics........................................... 861,659 902,321
Patient Protection Commission.............. 379,707 383,172
Division of Health Care Financing and Policy:
Nevada Medicaid.................... 1,164,562,957 1,244,571,933
Health Care Financing and Policy Administration 37,868,374....................... 37,676,166
Public Option........................ 3,651,537 1,323,043
Nevada Check-Up Program........ 11,636,649 13,024,608
Aging and Disability Services Division:
Administration................................. 2,211,119 2,370,509
Autism Treatment Assistance Program 6,896,987 7,332,984
Home- and Community-Based Services 16,945,864 17,077,827
Early Intervention Services......... 38,861,715 39,718,736
Consumer Health Assistance 754,567 775,680
Nevada Commission for Persons Who Are Deaf and Hard of Hearing ............................... 26,528.............. 26,528
Desert Regional Center............. 112,338,825 117,859,381
Sierra Regional Center................. 37,760,551 38,436,063
Rural Regional Center................. 13,547,579 13,743,635
Family Preservation Program 2,540,458 2,622,106
FOCIS and MFP................................. 437,698 458,485
Planning, Advocacy and Community Grants 8,607,254......................... 8,769,090
Adult Protective Services and Long-Term Care 13,400,373....................... 10,703,771
State Independent Living Council 97,398 102,016
κ2023 Statutes of Nevada, Page 1240 (CHAPTER 209, SB 511)κ
2023-2024 2024-2025
Division of Child and Family Services:
Community Juvenile Justice Services $4,377,683 $4,437,152
Information Services...................... 4,260,987 4,337,895
Children, Youth and Family Administration 5,037,332 5,159,734
Nevada Youth Training Center 9,228,450 9,545,090
Caliente Youth Center.................... 8,939,507 9,710,204
Rural Child Welfare..................... 12,062,814 12,524,226
Youth Alternative Placement 1,798,382 1,798,382
Youth Parole Services.................... 3,462,921 3,535,703
Northern Nevada Child and Adolescent Services 5,012,898......................... 6,675,863
Clark County Child Welfare....... 68,902,568 70,504,533
Washoe County Child Welfare 19,753,209 19,987,992
Southern Nevada Child and Adolescent Services 15,634,505....................... 19,196,487
Summit View Youth Center.......... 8,071,799 8,348,011
Family Support Program............... 1,921,753 1,978,478
Victims of Crime............................ 3,263,380 3,415,878
Division of Public and Behavioral Health:
Public Health:
Office of Health Administration 163,921 163,921
Maternal, Child and Adolescent Health Services 873,010............................. 938,505
Community Health Services......... 1,630,053 1,860,716
Emergency Medical Services 1,054,424 1,120,158
Immunization Program.................. 1,138,789 1,245,440
Health Investigations and Epidemiology 464,985 485,129
Chronic Disease.................................. 501,332 568,829
Health Care Facilities Regulation 412,995 412,995
Public Health Preparedness Program 291,587 313,357
Family Planning.............................. 2,646,747 2,655,830
Behavioral Health:
Southern Nevada Adult Mental Health Services 98,388,510..................... 101,772,500
κ2023 Statutes of Nevada, Page 1241 (CHAPTER 209, SB 511)κ
2023-2024 2024-2025
Northern Nevada Adult Mental Health Services $24,933,627..................... $25,636,366
Lakes Crossing Center............... 14,208,709 14,607,098
Rural Clinics.................................. 14,638,775 14,923,160
Behavioral Health Prevention and Treatment 6,051,842......................... 6,151,451
Problem Gambling.......................... 2,082,192 2,105,591
Division of Welfare and Supportive Services:
Welfare Administration............... 16,411,176 15,022,557
Welfare Field Services................. 55,748,438 57,686,276
Assistance to Aged and Blind 11,114,462 11,997,668
Temporary Assistance for Needy Families 24,607,810 24,607,810
Child Assistance and Development 2,580,421 2,580,421
Sec. 18. Office of the Military.
For the support of the:
Office of the Military......................... $5,880,402 $6,443,617
National Guard Benefits............................ 86,067 72,000
Patriot Relief Fund................................... 113,376 113,376
Division of Emergency Management 766,791 794,936
Homeland Security................................... 158,124 159,617
Sec. 19. Department of Veterans Services.
For the support of the:
Department of Veterans Services $3,820,285 $3,941,950
Northern Nevada Veterans Home Account 414,944 438,360
Sec. 20. Department of Corrections.
For the support of the:
Office of the Director....................... $30,403,622 $30,649,935
Prison Medical Care........................... 57,260,035 59,202,772
Correctional Programs.......................... 9,754,209 10,118,908
Southern Nevada Correctional Center 253,689 257,448
Southern Desert Correctional Center 31,058,733 31,815,908
Nevada State Prison................................. 117,596 117,596
Northern Nevada Correctional Center 30,004,644 31,887,959
Warm Springs Correctional Center 2,171,867 2,215,035
Ely State Prison................................... 26,477,057 27,560,120
Lovelock Correctional Center........... 28,523,712 29,334,295
Florence McClure Womens Correctional Center 19,573,825............................. 20,275,298
Stewart Conservation Camp................ 2,094,378 2,151,068
Ely Conservation Camp............................. 87,906 87,599
κ2023 Statutes of Nevada, Page 1242 (CHAPTER 209, SB 511)κ
2023-2024 2024-2025
Humboldt Conservation Camp......... $1,182,824 $154,354
Three Lakes Valley Conservation Camp 3,553,250 3,662,543
Jean Conservation Camp...................... 1,950,091 2,029,288
Pioche Conservation Camp................. 2,089,365 2,159,718
Carlin Conservation Camp.................. 1,676,485 1,728,090
Wells Conservation Camp................... 1,583,627 1,638,814
Silver Springs Conservation Camp 9,767 9,767
Tonopah Conservation Camp................. 835,068 183,227
Northern Nevada Transitional Housing 695,833 715,856
High Desert State Prison.................... 64,143,544 66,221,689
Casa Grande Transitional Housing 4,046,741 4,128,587
Sec. 21. Department of Business and Industry.
For the support of the:
Business and Industry Administration $953,742 $973,349
Office of Business and Planning 343,840 355,863
Real Estate Administration.................. 1,924,286 2,037,851
Office of Labor Commissioner........... 2,535,743 2,500,400
Sec. 22. State Department of Agriculture.
For the support of the:
Administrative Services........................ $172,630 $220,234
Plant Health and Quarantine Services 523,842 533,695
Veterinary Medical Services............... 1,165,796 1,203,249
Predatory Animal and Rodent Control 913,716 931,733
Nutrition Education Programs................ 738,109 737,773
Livestock Enforcement............................ 402,431 409,340
Commodity Foods Distribution............. 171,312 176,357
Sec. 23. State Department of Conservation and Natural Resources.
For the support of the:
Conservation and Natural Resources Administration $1,145,498............................. $1,177,763
Division of State Parks......................... 8,133,950 8,471,091
Nevada Tahoe Regional Planning Agency 1,881 1,881
Division of Forestry............................ 10,518,589 10,830,267
Forest Fire Suppression........................ 2,494,792 2,387,929
Forestry Conservation Camps............. 7,514,874 7,836,383
Division of Water Resources.............. 9,533,143 9,792,195
Division of State Lands........................ 2,570,327 1,845,704
Division of Natural Heritage.................. 214,577 217,362
Division of Outdoor Recreation............. 614,000 597,570
κ2023 Statutes of Nevada, Page 1243 (CHAPTER 209, SB 511)κ
2023-2024 2024-2025
Conservation Districts Program........... $636,112 $667,462
Office of Historic Preservation.............. 642,207 613,555
Comstock Historic District..................... 229,276 228,781
Sec. 24. Tahoe Regional Planning Agency.
For the support of the Tahoe Regional Planning Agency $2,651,979 $2,668,479
Sec. 25. Department of Wildlife.
For the support of the:
Law Enforcement..................................... $45,801 $47,411
Fisheries Management............................. 151,209 151,149
Game Management.................................... 84,201 84,201
Diversity Division.................................... 444,762 449,596
Conservation Education.......................... 234,227 280,751
Habitat........................................................ 156,332 156,332
Sec. 26. Department of Employment, Training and Rehabilitation.
For the support of the:
Nevada Equal Rights Commission $1,756,231 $1,716,020
Bureau of Vocational Rehabilitation 3,668,168 3,703,309
Bureau of Services to Persons Who Are Blind or Visually Impaired 566,910................................... 570,360
Commission on Postsecondary Education 526,892 494,131
Nevada P20 Workforce Reporting 882,293 932,817
Sec. 27. Department of Motor Vehicles.
For the support of the:
Division of Field Services....................... $24,355 $24,355
Division of Central Services and Records 4,854 4,854
Sec. 28. Department of Public Safety.
For the support of the:
Training Division................................ $1,048,422 $1,084,002
Justice Grant.............................................. 208,981 267,294
Nevada Highway Patrol Division 60,968 60,968
Dignitary Protection.............................. 1,731,629 1,793,042
Investigation Division.......................... 6,782,522 6,925,011
State Board of Parole Commissioners 3,470,050 3,548,861
Division of Parole and Probation 56,110,472 59,064,723
Central Repository for Nevada Records of Criminal History 316,484................................... 276,725
Child Volunteer Background Checks 15,086 15,086
κ2023 Statutes of Nevada, Page 1244 (CHAPTER 209, SB 511)κ
2023-2024 2024-2025
State Fire Marshal.......................................... $100 $100
Nevada Office of Cyber Defense Coordination 506,030 516,588
Sec. 29. Commission on Ethics.
For the support of the Commission on Ethics $274,868 $282,550
Sec. 30. Public Employees Benefits Program.
For the support of the Public Employees Benefits Program $9,813,825 $10,009,650
Sec. 31. Department of Indigent Defense Services.
For the support of the:
Department of Indigent Defense Services $4,762,485 $4,790,991
Office of the State Public Defender 1,791,261 1,787,851
Sec. 32. Department of Sentencing Policy.
For the support of the Department of Sentencing Policy $720,797 $750,580
Sec. 33. Peace Officers Standards and Training Commission.
For the support of the Peace Officers Standards and Training Commission $2,247,355......... $2,319,470
Sec. 34. The following sums are hereby appropriated from the State Highway Fund for the purposes expressed in this section for Fiscal Year 2023-2024 and Fiscal Year 2024-2025:
Department of Motor Vehicles:
Office of the Director......................... $2,505,867 $2,665,884
Administrative Services Division 10,406,083 10,470,200
Hearings Office..................................... 1,379,637 1,396,554
Automation............................................. 6,339,494 6,180,534
Division of Field Services................... 9,513,068 10,077,240
Division of Compliance Enforcement 7,652,380 7,652,419
Division of Central Services and Records 3,415,053 3,406,451
Division of Research and Project Management 2,271,717 2,342,089
Motor Carrier Division......................... 1,994,196 2,068,477
Department Transformation Effort 37,905,091 35,066,127
Department of Public Safety:
Training Division................................ $1,100,502 $1,137,120
Nevada Highway Patrol Division 77,322,782 79,907,878
Highway Safety Plan and Administration 435,255 439,602
Investigation Division.............................. 431,915 439,994
State Emergency Response Commission 225,270 239,861
κ2023 Statutes of Nevada, Page 1245 (CHAPTER 209, SB 511)κ
2023-2024 2024-2025
Highway Safety Grants Account $48,081 $48,081
Department of Business and Industry:
Nevada Transportation Authority $3,842,526 $4,307,322
Legislative Fund:
Legislative Counsel Bureau...................... $5,000 $5,000
The Office of the Governor:
SMART 21.............................................. $742,535 $755,212
Sec. 35. 1. Except as otherwise provided in subsection 3, the sums appropriated in this act must be:
(a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive; and
(b) Work-programmed for the two separate fiscal years of the 2023-2025 biennium, as required by NRS 353.215. Work programs may be revised with the approval of the Governor upon the recommendation of the Director of the Office of Finance in the Office of the Governor and in accordance with the provisions of the State Budget Act.
2. Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments and other allotments must be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
3. Pursuant to law, sums appropriated for the support of the Supreme Court of Nevada, the Legislative Fund and the Tahoe Regional Planning Agency are excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive.
Sec. 36. The sums appropriated to the following budget accounts are available for both Fiscal Year 2023-2024 and Fiscal Year 2024-2025, and may be transferred from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor:
1. Forest Fire Suppression;
2. National Guard Benefits;
3. Maternal, Child and Adolescent Health Services;
4. Immunization Program;
5. Welfare Administration;
6. Welfare Field Services;
7. Temporary Assistance for Needy Families;
8. Assistance to Aged and Blind;
9. Child Assistance and Development;
10. Nevada Medicaid;
11. Health Care Financing and Policy Administration;
12. Nevada Check-Up Program;
13. Rural Child Welfare;
14. Special Litigation Account;
15. Office of the Extradition Coordinator;
16. Clark County Child Welfare;
17. Washoe County Child Welfare;
18. Child Volunteer Background Checks;
19. Agency for Nuclear Projects;
20. Assessments and Accountability;
κ2023 Statutes of Nevada, Page 1246 (CHAPTER 209, SB 511)κ
21. Problem Gambling;
22. Department Transformation Effort;
23. Victims of Crime; and
24. Public Option.
Sec. 37. Of the amounts appropriated by sections 2 to 33, inclusive, of this act, the amounts appropriated in both Fiscal Year 2023-2024 and Fiscal Year 2024-2025 to finance deferred maintenance and extraordinary maintenance projects approved within agency budgets are available for both Fiscal Year 2023-2024 and Fiscal Year 2024-2025 and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to complete the deferred maintenance as approved by the Legislature.
Sec. 38. Of the amounts appropriated to the Office of Finance in the Office of the Governor by section 2 of this act for the Special Appropriations budget account, a total of $25,000 in Fiscal Year 2023-2024 is intended to support Civil Air Patrol operations and is available for both Fiscal Year 2023-2024 and Fiscal Year 2024-2025, and may be transferred within the same budget account from Fiscal Year 2023-2024 to Fiscal Year 2024-2025. Any amount so transferred must be used to pay for Civil Air Patrol operations as approved by the Legislature.
Sec. 39. Of the amounts appropriated to the Office of Science, Innovation and Technology in the Office of the Governor by section 2 of this act, $1,000,000 in Fiscal Year 2023-2024 and $1,000,000 in Fiscal Year 2024-2025 to fund the development and improvement of broadband for schools and libraries, are available for both Fiscal Year 2023-2024 and Fiscal Year 2024-2025, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to pay for the development and improvement of broadband for schools and libraries as approved by the Legislature.
Sec. 40. Of the amounts appropriated to the Office of Science, Innovation and Technology in the Office of the Governor by section 2 of this act, a total of $8,530,000 in Fiscal Year 2023-2024 is intended to support grants to establish new or expanded graduate medical education programs and is available for both Fiscal Year 2023-2024 and Fiscal Year 2024-2025, and may be transferred within the same budget account from Fiscal Year 2023-2024 to Fiscal Year 2024-2025. Any amount so transferred must be used to support grants to establish new or expanded graduate medical education programs as approved by the Legislature.
Sec. 41. Of the amounts appropriated to the Office of the Secretary of State pursuant to section 5 of this act, $3,076,964 in Fiscal Year 2023-2024 and $3,076,964 in Fiscal Year 2024-2025 to fund credit card processing fees, are available for both Fiscal Year 2023-2024 and Fiscal Year 2024-2025, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to pay credit card processing fees as approved by the Legislature.
Sec. 42. Of the amounts appropriated to the Supreme Court of Nevada by section 11 of this act:
1. Except as otherwise provided in subsections 2 to 6, inclusive, the sums appropriated for the Supreme Court of Nevada, Administrative Office of the Courts, Court of Appeals, Senior Justice and Senior Judge Program and Supreme Court Law Library budget accounts may be transferred between fiscal years and between those budget accounts with the approval of the Chief Justice of the Supreme Court and is limited to operating budgets only.
κ2023 Statutes of Nevada, Page 1247 (CHAPTER 209, SB 511)κ
of the Courts, Court of Appeals, Senior Justice and Senior Judge Program and Supreme Court Law Library budget accounts may be transferred between fiscal years and between those budget accounts with the approval of the Chief Justice of the Supreme Court and is limited to operating budgets only. Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program to transfer money pursuant to this subsection. The Supreme Court of Nevada shall report quarterly to the Interim Finance Committee regarding any such transfers between fiscal years and budget accounts.
2. The provisions of subsection 1 do not apply to the sums appropriated for the Specialty Court, State Judicial Elected Officials and Judicial Department Staff Salaries budget accounts.
3. The Supreme Court of Nevada shall not request from the Interim Finance Committee additional money from the Contingency Account in the State General Fund or a supplemental appropriation for the Judicial Department Staff Salaries budget account.
4. The amounts of $650,000 in Fiscal Year 2023-2024 and $650,000 in Fiscal Year 2024-2025 to fund the implementation of a new statewide digital evidence management system are available for both Fiscal Year 2023-2024 and Fiscal Year 2024-2025, and may be transferred within the Supreme Court of Nevada budget account from one fiscal year to the other. Any amount so transferred must be used for the implementation of a new statewide digital evidence management system as approved by the Legislature. Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program to transfer money pursuant to this subsection. The unexpended balance of the amount transferred pursuant to this subsection must not be committed for expenditure after June 30, 2025, and must be reverted to the State General Fund on or before September 19, 2025.
5. The amount of $1,400,000 in Fiscal Year 2023-2024 to build a hybrid training facility at the Supreme Court Law Library in the Carson City Supreme Court building, if not committed for expenditure by June 30, 2024, must be transferred to Fiscal Year 2024-2025 in the Supreme Court of Nevada budget account as soon as practicable after June 30, 2024. Any amount so transferred must be used to build a hybrid training facility at the Supreme Court Law Library in the Carson City Supreme Court building in Fiscal Year 2024-2025 as approved by the Legislature. Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program to transfer money pursuant to this subsection. The unexpended balance of the amount transferred pursuant to this subsection must not be committed for expenditure after June 30, 2025, and must be reverted to the State General Fund on or before September 19, 2025.
6. The amount of $365,431 in Fiscal Year 2023-2024 to complete Multi-County Integrated Justice Information System projects, if not committed for expenditure by June 30, 2024, must be transferred to Fiscal Year 2024-2025 in the Administrative Office of the Courts budget account as soon as practicable after June 30, 2024. Any amount so transferred must be used to complete Multi-County Integrated Justice Information System projects in Fiscal Year 2024-2025 as approved by the Legislature.
κ2023 Statutes of Nevada, Page 1248 (CHAPTER 209, SB 511)κ
Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program to transfer money pursuant to this subsection. The unexpended balance of the amount transferred pursuant to this subsection must not be committed for expenditure after June 30, 2025, and must be reverted to the State General Fund on or before September 19, 2025.
Sec. 43. Of the amounts appropriated to the State Department of Conservation and Natural Resources by section 23 of this act for the Conservation and Natural Resources Administration budget account, $179,680 in Fiscal Year 2023-2024 and $179,680 in Fiscal Year 2024-2025 to fund contract services to update the Conservation Credit System Manual and Nevadas Scientific Methods Document and Habitat Quantification Tool, are available for both Fiscal Year 2023-2024 and Fiscal Year 2024-2025, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to pay for contract services to update the Conservation Credit System Manual and Nevadas Scientific Methods Document and Habitat Quantification Tool as approved by the Legislature.
Sec. 44. Of the amounts appropriated to the State Department of Conservation and Natural Resources by section 23 of this act for the Division of State Lands budget account, $840,284 in Fiscal Year 2023-2024 and $63,000 in Fiscal Year 2024-2025 to replace the Divisions land management system, are available for both Fiscal Year 2023-2024 and Fiscal Year 2024-2025, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to pay for replacement of the Divisions land management system as approved by the Legislature.
Sec. 45. Of the amounts appropriated to the Department of Motor Vehicles by section 34 of this act for the Administrative Services Division budget account, $2,000,000 in Fiscal Year 2023-2024 and $2,000,000 in Fiscal Year 2024-2025 to fund credit card fees are available for both Fiscal Year 2023-2024 and Fiscal Year 2024-2025, and may be transferred within the same budget account from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor. Any amount so transferred must be used to pay credit card fees as approved by the Legislature.
Sec. 46. Any remaining balance of the $1,000,000 appropriation from the State General Fund approved by the 2015 Legislature for sagebrush habitat improvement projects does not revert to the State General Fund.
Sec. 47. Any money remaining in the Knowledge Account created by NRS 231.1592 and the Account for the Nevada Main Street Program created by NRS 231.1536 at the end of Fiscal Year 2022-2023 and any remaining portion of any appropriations made to those Accounts for the 2021-2023 biennium do not revert to the State General Fund. The balance in those Accounts and any portion of appropriations remaining at the end of Fiscal Year 2022-2023 must be carried forward to Fiscal Year 2023-2024. Any balance in those Accounts and any portion of appropriations made to those Accounts remaining at the end of Fiscal Year 2023-2024 and Fiscal Year 2024-2025, respectively, must be carried forward.
κ2023 Statutes of Nevada, Page 1249 (CHAPTER 209, SB 511)κ
Sec. 48. Any remaining balance of the appropriation made to the Nevada System of Higher Education by section 16 of this act for the Trust Account for the Education of Dependent Children budget account does not revert to the State General Fund pursuant to NRS 396.545.
Sec. 49. 1. Of the sums appropriated by section 16 of this act, any amounts used to match documented research grants received by the Nevada System of Higher Education which are not committed for expenditure by June 30 of each fiscal year of the 2023-2025 biennium may be carried forward for a maximum of 2 fiscal years, after which time any unexpended amounts must be reverted to the State General Fund.
2. All money appropriated by section 16 of this act, other than the amounts described in subsection 1 to match documented research grants, is subject to the provisions of section 86 of this act.
Sec. 50. The sums appropriated by this act to any division, agency or section of any department of the State Government for the support of salaries and payroll costs may be transferred to any other division, bureau, agency or section of the same department for the support of salaries and payroll costs with the approval of the Interim Finance Committee upon the recommendation of the Governor. Such transfers are limited only to those activities which are supported by appropriations from the State General Fund or the State Highway Fund.
Sec. 51. 1. The sums appropriated to the Legislative Fund by section 10 of this act for the support of the Legislative Commission, the divisions of the Legislative Counsel Bureau and Interim Legislative Operations are available for both Fiscal Year 2023-2024 and Fiscal Year 2024-2025, and may be transferred among the various budget accounts of the Legislative Commission, the divisions of the Legislative Counsel Bureau and Interim Legislative Operations and from one fiscal year to the other with the approval of the Legislative Commission upon the recommendation of the Director of the Legislative Counsel Bureau.
2. The sums appropriated for the support of salaries and payroll costs must be applied pursuant to the budget approved by the Legislature notwithstanding the provisions of NRS 281.123.
Sec. 52. The sums appropriated to the Division of Welfare and Supportive Services of the Department of Health and Human Services by section 17 of this act may be transferred among the various budget accounts of the Division of Welfare and Supportive Services with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 53. The sums appropriated to the Division of Health Care Financing and Policy of the Department of Health and Human Services by section 17 of this act for the Nevada Medicaid and the Nevada Check-Up Program budget accounts may be transferred between those budget accounts with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 54. The sums appropriated to the Division of Child and Family Services of the Department of Health and Human Services by section 17 of this act for the Summit View Youth Center, Caliente Youth Center and the Nevada Youth Training Center budget accounts may be transferred among those budget accounts with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 55. The sums appropriated to the Division of Child and Family Services of the Department of Health and Human Services by section 17 of this act for the Northern Nevada Child and Adolescent Services and Southern Nevada Child and Adolescent Services budget accounts may be transferred between those budget accounts with the approval of the Interim Finance Committee upon the recommendation of the Governor.
κ2023 Statutes of Nevada, Page 1250 (CHAPTER 209, SB 511)κ
this act for the Northern Nevada Child and Adolescent Services and Southern Nevada Child and Adolescent Services budget accounts may be transferred between those budget accounts with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 56. The sums appropriated to the Division of Public and Behavioral Health of the Department of Health and Human Services by section 17 of this act for the Southern Nevada Adult Mental Health Services, Northern Nevada Adult Mental Health Services and Lakes Crossing Center budget accounts may be transferred among those budget accounts with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 57. 1. The Department of Health and Human Services may, with the approval of the Interim Finance Committee upon the recommendation of the Governor, transfer from the various divisions of the Department to an account which is hereby created within the State General Fund any excess money available to the divisions as a result of savings from not providing health and related services, including, without limitation, savings recognized by using a different source of funding to pay the providers of services if the persons previously served by a division no longer require the provision of services from the division.
2. Any money transferred to the account created by subsection 1, to the extent approved by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services and authorized by the State Plan for Medicaid, must:
(a) Be used to pay administrative and related costs and the States share of the cost for participation in the private hospital collaborative upper payment limit program. Any remaining money to pay the States share of the cost for participation in the private hospital collaborative upper payment limit program must be transferred not later than September 30 of the following fiscal year for the benefit of the upper payment limit program.
(b) After being used to satisfy the requirements of paragraph (a), be:
(1) Reserved for reversion to the State General Fund and reverted to the State General Fund at the end of each fiscal year of the 2023-2025 biennium; or
(2) Transferred to the Fund for a Healthy Nevada created by NRS 439.620 at the end of each fiscal year of the 2023-2025 biennium.
Sec. 58. The sums appropriated to the Aging and Disability Services Division of the Department of Health and Human Services by section 17 of this act for the Desert Regional Center, Sierra Regional Center and Rural Regional Center budget accounts may be transferred among those budget accounts for residential support, family support and respite and jobs and day training services with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 59. The sums appropriated to the Division of Health Care Financing and Policy of the Department of Health and Human Services by section 17 of this act for the Nevada Medicaid and Nevada Check-Up Program budget accounts may be transferred to the Health Care Financing and Policy Administration budget account with the approval of the Interim Finance Committee upon recommendation of the Governor. Money may only be transferred to the Health Care Financing and Policy Administration budget account pursuant to this section for personnel and administrative costs necessary for implementing the provisions of NRS 422.401 to 422.406, inclusive, in Fiscal Year 2023-2024 and Fiscal Year 2024-2025 upon submittal of an analysis demonstrating savings in the Nevada Medicaid and Nevada Check-Up Program budget accounts resulting from the provisions of NRS 422.401 to 422.406, inclusive.
κ2023 Statutes of Nevada, Page 1251 (CHAPTER 209, SB 511)κ
inclusive, in Fiscal Year 2023-2024 and Fiscal Year 2024-2025 upon submittal of an analysis demonstrating savings in the Nevada Medicaid and Nevada Check-Up Program budget accounts resulting from the provisions of NRS 422.401 to 422.406, inclusive.
Sec. 60. The sums appropriated to the Nevada System of Higher Education by section 16 of this act may be transferred among the various budget accounts of the Nevada System of Higher Education included in the Executive Budget with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 61. 1. The sum appropriated to the Nevada System of Higher Education by section 16 of this act for the Performance Funding Pool budget account for Fiscal Year 2024-2025 may be transferred to the respective formula-funded budget accounts of the Nevada System of Higher Education in Fiscal Year 2024-2025 with the approval of the Interim Finance Committee upon the recommendation of the Governor.
2. Any balance of money appropriated for Fiscal Year 2024-2025 but not transferred from the Performance Funding Pool budget account in Fiscal Year 2024-2025 pursuant to subsection 1 may be carried forward to Fiscal Year 2025-2026 for transfer to the respective formula-funded budget accounts in Fiscal Year 2025-2026 with the approval of the Interim Finance Committee upon the recommendation of the Governor.
3. Any remaining balance of money appropriated for Fiscal Year 2024-2025 but not transferred from the Performance Funding Pool budget account in Fiscal Year 2024-2025 or Fiscal Year 2025-2026 may be carried forward to Fiscal Year 2026-2027 for transfer to the Nevada System of Higher Education in Fiscal Year 2026-2027 to be used for system-wide, need-based student financial aid with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 62. 1. Except as otherwise provided in subsection 2, the sums appropriated to the Department of Corrections by section 20 of this act may be transferred among the various budget accounts of the Department of Corrections in the same manner and within the same limits as allowed for revisions of work programs in NRS 353.220.
2. The provisions of subsection 1 do not apply to appropriations to the Department for deferred maintenance and extraordinary maintenance projects transferred pursuant to section 37 of this act.
Sec. 63. The sums appropriated to the Public Employees Benefits Program pursuant to section 30 of this act may only be expended for the purposes of funding additional health savings accounts or health reimbursement arrangement contributions for active state employees in Fiscal Year 2023-2024 and Fiscal Year 2024-2025 and any funds not distributed to active state employees must be reverted to the State General Fund at the end of Fiscal Year 2023-2024 and Fiscal Year 2024-2025, respectively.
Sec. 64. It is the intent of the Legislature that the amounts appropriated by section 17 of this act to the Division of Health Care Financing and Policy of the Department of Health and Human Services for the Nevada Medicaid and the Nevada Check-Up Program budget accounts must be expended in such a manner as to continue the current service delivery model for prescription drugs in which persons enrolled in Medicaid and Check-Up managed care programs receive prescription drugs through a Medicaid managed care organization in the 2023-2025 biennium.
κ2023 Statutes of Nevada, Page 1252 (CHAPTER 209, SB 511)κ
Sec. 65. Except as otherwise provided in this section, the total sums appropriated by section 17 of this act to each of the budget accounts of the Division of Health Care Financing and Policy and the Division of Welfare and Supportive Services of the Department of Health and Human Services enumerated in section 36 of this act, except for the sums appropriated for the Welfare Administration, Welfare Field Services, Assistance to Aged and Blind and Health Care Financing and Policy Administration budget accounts, are limits. The Division of Health Care Financing and Policy or the Division of Welfare and Supportive Services shall not request additional money for these programs, except for:
1. Increased State costs in Fiscal Year 2023-2024 and Fiscal Year 2024-2025 in the event that federal financial participation rates are less than the amounts approved by the Legislature effective on October 1, 2023;
2. Costs related to additional services or populations which are mandated by the Federal Government on or after October 1, 2023, and which are not specifically funded in the Nevada Medicaid budget account in Fiscal Year 2023-2024 and Fiscal Year 2024-2025;
3. Costs related to the Medicaid county match and waiver populations that exceed the 8-cent county reimbursement cap established pursuant to NRS 428.285;
4. Increased State costs in Fiscal Year 2023-2024 and Fiscal Year 2024-2025, in the event that the annual allocation of federal Temporary Assistance for Needy Families block grant funds is lower than the amounts approved by the Legislature for either fiscal year;
5. Increased State costs in Fiscal Year 2023-2024 and Fiscal Year 2024-2025 due to federal changes in the payment structure of Nevada Medicaid or the Nevada Check-Up Program; or
6. Increased State costs in Fiscal Year 2023-2024 and Fiscal Year 2024-2025 due to higher than budgeted prescription drug costs for fee-for-service participants.
Sec. 66. Except as otherwise provided in this section, the sums appropriated to the Division of Child and Family Services of the Department of Health and Human Services by section 17 of this act for the Clark County Child Welfare and Washoe County Child Welfare budget accounts for the purpose of providing respite and block grant allocations to agencies which provide child welfare services in a county whose population is 100,000 or more, are limits. The Division shall not request additional sums for these programs, except that the Division may request additional sums for the adoption assistance programs described in NRS 432B.219.
Sec. 67. Of the amounts appropriated to the Aging and Disability Services Division of the Department of Health and Human Services by section 17 of this act for the Home- and Community-Based Services budget account to fund an increase in the rates paid to providers of personal care services for the Community Options Program for the Elderly and the Personal Care Services Program, not less than $16 of the $25 per hour reimbursement rate received by providers must be paid as an hourly wage to direct care workers.
Sec. 68. Of the amounts appropriated to the Division of Health Care Financing and Policy of the Department of Health and Human Services by section 17 of this act for the Medicaid budget account to fund an increase in the rates paid to providers of personal care services, not less than $16 of the $25 per hour reimbursement rate received by providers must be paid as an hourly wage to direct care workers.
κ2023 Statutes of Nevada, Page 1253 (CHAPTER 209, SB 511)κ
than $16 of the $25 per hour reimbursement rate received by providers must be paid as an hourly wage to direct care workers.
Sec. 69. Notwithstanding the provisions of paragraph (a) of subsection 1 of NRS 422.27497, the Director of the Department of Health and Human Services shall establish rates of reimbursement which are provided on a fee-for-service basis for applied behavior analysis services, as defined in NRS 422.27497, for the Nevada Medicaid and Nevada Check-Up Program budget accounts as approved by the Legislature.
Sec. 70. In addition to the requirements of NRS 353.225, for Fiscal Year 2023-2024 and Fiscal Year 2024-2025, the Board of Regents of the University of Nevada shall comply with any request by the Governor to set aside money from the appropriations made by this act in any specified amount.
Sec. 71. 1. If the Director of the State Department of Conservation and Natural Resources determines in Fiscal Year 2023-2024 or Fiscal Year 2024-2025 that, because of delays in the receipt of revenue for services billed to the Federal Government, local governments and other state governments, the amount of current claims for expenses incurred in the suppression of fires or response to emergencies exceeds the amount of money available to pay such claims within 30 days, he or she may request from the Director of the Office of Finance in the Office of the Governor a temporary advance from the State General Fund to pay authorized expenses.
2. The Director of the Office of Finance in the Office of the Governor shall provide written notification to the State Controller and to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau if he or she approves a request made pursuant to subsection 1. The State Controller shall draw his or her warrant upon receipt of such a notification.
3. An advance from the State General Fund:
(a) May be approved by the Director of the Office of Finance in the Office of the Governor only for expenses incurred in the suppression of fires or response to emergencies charged to the Forest Fire Suppression budget account of the Division of Forestry of the State Department of Conservation and Natural Resources. Before approving the advance, the Director shall verify that billings for reimbursement have been sent to the agencies of the Federal Government, local governments or other state governments responsible for reimbursing the Division of Forestry for costs incurred in activities relating to the suppression of fires or response to emergencies.
(b) Is limited to the total due from outstanding billings for reimbursable expenses incurred in the suppression of fires or response to emergencies as approved for payment to the State by agencies of the Federal Government, local governments and other state governments.
4. Any money which is temporarily advanced from the State General Fund to the Forest Fire Suppression budget account pursuant to this section must be repaid on or before the last business day in August immediately following the end of the fiscal year in which the temporary advance was approved.
Sec. 72. 1. If the Governor orders the Nevada National Guard into active service as described in NRS 412.122 for an emergency, as defined in subsection 1 of NRS 353.263, in Fiscal Year 2023-2024 or Fiscal Year 2024-2025 and the Adjutant General of the Office of the Military determines expenditures will be required, the Adjutant General may request from the Director of the Office of Finance in the Office of the Governor a temporary advance from the State General Fund for the payment of authorized expenses.
κ2023 Statutes of Nevada, Page 1254 (CHAPTER 209, SB 511)κ
Director of the Office of Finance in the Office of the Governor a temporary advance from the State General Fund for the payment of authorized expenses.
2. The Director of the Office of Finance in the Office of the Governor shall provide written notification to the State Controller and to the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of a request made pursuant to subsection 1. The State Controller shall draw his or her warrant upon receipt of the approval by the Director of the Office of Finance in the Office of the Governor.
3. An advance from the State General Fund:
(a) Must be approved by the Director of the Office of Finance in the Office of the Governor for expenses incurred as a result of activation of the Nevada National Guard.
(b) Is limited to $50,000 per activation as described in subsection 1.
4. Any money which is temporarily advanced from the State General Fund to a budget account pursuant to subsection 2 must be repaid as soon as possible, and the repayment must come from the Emergency Account created by NRS 353.263.
Sec. 73. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $50,000 for Fiscal Year 2023-2024 for allocation to the State Department of Agriculture to fund additional contract fiscal support for the Administrative Services budget account. Money appropriated by this section may only be allocated by the Interim Finance Committee upon recommendation of the Governor, and upon demonstration of need by the State Department of Agriculture for additional contract fiscal support.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2024, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner. Any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, 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 20, 2024.
Sec. 74. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $2,352,270 for Fiscal Year 2024-2025 for allocation to the Aging and Disability Services Division of the Department of Health and Human Services for staffing and associated operating costs related to the community-based care programs caseload within the Home- and Community-Based Services budget account. Money appropriated by this section may only be allocated by the Interim Finance Committee upon recommendation of the Governor, and upon demonstration by the Aging and Disability Services Division of efforts in hiring new positions and of funding needed in Fiscal Year 2024-2025.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner. Any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
κ2023 Statutes of Nevada, Page 1255 (CHAPTER 209, SB 511)κ
appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
Sec. 75. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $2,418,818 for Fiscal Year 2024-2025 for allocation to the Aging and Disability Services Division of the Department of Health and Human Services for staffing and associated operating costs for the Adult Protective Services program caseload within the Adult Protective Services and Long-Term Care budget account. Money appropriated by this section may only be allocated by the Interim Finance Committee upon recommendation of the Governor, and upon demonstration by the Aging and Disability Services Division of efforts in hiring new positions and of funding needed in Fiscal Year 2024-2025.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner. Any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
Sec. 76. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $1,468,609 for Fiscal Year 2024-2025 for allocation to the Aging and Disability Services Division of the Department of Health and Human Services for staffing and associated operating costs related to the Long-Term Care Ombudsman program caseload within the Adult Protective Services and Long-Term Care budget account. Money appropriated by this section may only be allocated by the Interim Finance Committee upon recommendation of the Governor, and upon demonstration by the Aging and Disability Services Division of efforts in hiring new positions and of funding needed in Fiscal Year 2024-2025.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner. Any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
Sec. 77. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $638,472 for Fiscal Year 2023-2024 and the sum of $586,956 for Fiscal Year 2024-2025 for allocation to the Division of Child and Family Services of the Department of Health and Human Services to fund personnel and associated expenditures at Desert Willow Treatment Center within the Southern Nevada Child and Adolescent Services budget account. Money appropriated by this section may only be allocated by the Interim Finance Committee upon recommendation of the Governor, and upon demonstration of need by the Division of Child and Family Services.
κ2023 Statutes of Nevada, Page 1256 (CHAPTER 209, SB 511)κ
2. Any remaining balance of the appropriations made by subsection 1 must not be committed for expenditure after June 30 of the respective fiscal years, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner. Any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
Sec. 78. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $1,723,840 for Fiscal Year 2024-2025 for allocation to the Department of Corrections for staffing and operational costs for the reopening of the Tonopah Conservation Camp. Money appropriated by this section may only be allocated by the Interim Finance Committee upon recommendation of the Governor, and upon demonstration by the Department of Corrections that the facility should reopen in Fiscal Year 2024-2025.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner. Any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
Sec. 79. There is hereby appropriated from the State General Fund to the Public Employees Retirement Board the sum of $181,158 to be expended for the administration of the Legislators Retirement System in Fiscal Year 2023-2024 and Fiscal Year 2024-2025.
Sec. 80. There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218A.150 the sum of $14,938,517 for the costs of the 82nd Legislative Session.
Sec. 81. 1. There is hereby appropriated from the State General Fund to the Public Employees Benefits Program the sum of $2,002,556 for Fiscal Year 2023-2024 and the sum of $2,045,411 for Fiscal Year 2024-2025 to provide active state employees with life insurance coverage of $25,000 and retired state employees with life insurance coverage of $12,500 based on the funding provided through the plan of the Public Employees Benefits Program and this appropriation.
2. Any remaining balance of the appropriations made by subsection 1 must not be committed for expenditure after June 30, of the respective fiscal years, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner. Any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
κ2023 Statutes of Nevada, Page 1257 (CHAPTER 209, SB 511)κ
Sec. 82. 1. There is hereby appropriated from the State General Fund to the Department of Transportation the sum of $6,858,109 for Fiscal Year 2023-2024, which is available for both Fiscal Year 2023-2024 and Fiscal Year 2024-2025, for the continuing costs of the replacement of the Nevada Shared Radio System, and may be transferred within the same budget account from one fiscal year to the other upon the recommendation of the Governor.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
Sec. 83. Section 1 of chapter 463, Statutes of Nevada 2021, at page 2875, is hereby amended to read as follows:
Section 1. 1. There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $2,189,808 for an upgrade to the Offender Management System.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, [2023,] 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September [15, 2023,] 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September [15, 2023.] 19, 2025.
Sec. 84. Section 2 of chapter 463, Statutes of Nevada 2021, at page 2875, is hereby amended to read as follows:
Sec. 2. 1. There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $1,436,720 for the reintegration of the Offender Sentence Management System into the Nevada Offender Tracking Information System.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, [2023,] 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September [15, 2023,] 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September [15, 2023,] 19, 2025.
Sec. 85. Section 29.63 of chapter 545, Statutes of Nevada 2021, at page 3715 is hereby amended to read as follows:
Sec. 29.63. 1. There is hereby appropriated from the State General Fund to the Office of Federal Assistance created by section 8 of [this act] chapter 545, Statutes of Nevada 2021, at page 3703, the sum of $1,091,010 in Fiscal Year 2022-2023 for personnel and operating costs and the costs of upgrades to the grant management system related to carrying out the provisions of [this act.]
κ2023 Statutes of Nevada, Page 1258 (CHAPTER 209, SB 511)κ
sum of $1,091,010 in Fiscal Year 2022-2023 for personnel and operating costs and the costs of upgrades to the grant management system related to carrying out the provisions of [this act.] chapter 545, Statutes of Nevada 2021, at page 3701.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, [2023,] 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September [15, 2023,] 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September [15, 2023,] 19, 2025.
Sec. 86. 1. Except as otherwise provided in this section and sections 47, 48, 49, 61 and 79 of this act, any balances of the appropriations made in this act for Fiscal Year 2023-2024 and Fiscal Year 2024-2025 must not be committed for expenditure after June 30 of each fiscal year, respectively, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred and, except as otherwise provided in subsection 2, must be reverted to the fund from which it was appropriated on or before September 20, 2024, and September 19, 2025, respectively.
2. Any balance of the appropriations made to the Legislative Fund by sections 10 and 80 of this act does not revert to the State General Fund but constitutes a balance carried forward.
Sec. 87. The State Controller shall provide for the payment of claims legally obligated in each fiscal year of the 2023-2025 biennium on behalf of state agencies until the last business day of the August immediately following the end of each fiscal year. The State Controller shall process any transactions requested by the Director of the Office of Finance in the Office of the Governor from the previous fiscal year until the third Friday in September immediately following the end of the fiscal year.
Sec. 88. The State Controller shall transfer among the appropriate accounts and funds the amounts necessary to carry out the budget approved by the Legislature, and the amounts so transferred shall be deemed appropriated.
Sec. 89. The State Controller shall pay the annual salaries of Supreme Court Justices, Court of Appeals Judges, District Court Judges, the Governor, the Lieutenant Governor, the Secretary of State, the State Treasurer, the State Controller and the Attorney General in biweekly installments for each day worked up to and including the date of payment. The payment of a portion of the annual salaries of these officers at the end of a calendar year for the purpose of reconciling the amount of the salary paid during that calendar year with the amount of the salary set forth in statute for that office must not be made if it will result in the issuance of a separate check.
κ2023 Statutes of Nevada, Page 1259 (CHAPTER 209, SB 511)κ
Sec. 90. 1. If projections of the ending balance of the State General Fund fall below the amount estimated by the 82nd Session of the Nevada Legislature for Fiscal Year 2023-2024 or Fiscal Year 2024-2025, the Chief of the Budget Division of the Office of Finance in the Office of the Governor shall report this information to the State Board of Examiners.
2. If the State Board of Examiners determines that the ending balance of the State General Fund is projected to be less than $150,000,000 for Fiscal Year 2023-2024 or Fiscal Year 2024-2025, the Governor, pursuant to NRS 353.225, may direct the Chief of the Budget Division of the Office of Finance in the Office of the Governor to require the State Controller or the head of each department, institution or agency to set aside a reserve of not more than 15 percent of the total amount of operating expenses or other appropriations and money otherwise available to the department, institution or agency.
3. A reserve must not be set aside pursuant to this section unless:
(a) The Governor, on behalf of the State Board of Examiners, submits a report to the Legislature or, if the Legislature is not in session, to the Interim Finance Committee, stating the reasons why a reserve is needed and indicating each department, institution or agency that will be required to set aside a reserve; and
(b) The Legislature or Interim Finance Committee approves the setting aside of the reserve.
Sec. 91. If the State of Nevada is required to make payment to the United States Treasury under the provisions of Public Law 101-453, the Cash Management Improvement Act of 1990, the State Controller, upon approval of the State Board of Examiners, may make such payments from the interest earnings of the State General Fund or interest earnings in other funds when interest on federal money has been deposited in those funds.
Sec. 92. If the name of an officer or agency has been changed or the responsibilities of an officer or agency have been transferred pursuant to the provisions of another act enacted by the 82nd Session of the Legislature and approved by the Governor and the change in name or transfer of duties is not indicated in this act, any reference to that officer or agency in this act shall be deemed to refer to the officer or agency the name of which or duties of which have been changed or transferred by the other act.
Sec. 93. 1. This section and sections 46, 47, 80, 83 to 86, inclusive, and 92 of this act become effective upon passage and approval.
2. Sections 1 to 45, inclusive, 48 to 66, inclusive, 69 to 79, inclusive, 81, 87 to 91, inclusive, of this act become effective on July 1, 2023.
3. Section 82 of this act becomes effective on July 1, 2023, if and only if, Assembly Bill No. 477 of this session is not enacted by the Legislature and does not become effective.
4. Section 67 of this act becomes effective on January 1, 2024.
5. Section 68 of this act becomes effective on the date on which the Director of the Department of Health and Human Services provides written notification to the Director of the Legislative Counsel Bureau that Nevada Medicaid has received federal approval to pay an enhanced rate of at least $25 per hour to providers of personal care services, but not earlier than January 1, 2024.
________
κ2023 Statutes of Nevada, Page 1260κ
Assembly Bill No. 220Committee on Natural Resources
CHAPTER 210
[Approved: June 6, 2023]
AN ACT relating to water; authorizing a district board of health to establish a program to pay the costs for property owners with a septic system to connect to a community sewerage disposal system under certain circumstances; revising provisions relating to a permit to operate a water system; revising provisions relating to water systems; revising provisions relating to tentative maps and final maps for a subdivision of land; establishing minimum standards for certain landscaping irrigation fixtures in new construction and expansions and renovations in certain structures; revising provisions relating to grants of money for water conservation; exempting the use of water by certain entities to extinguish fires in an emergency from provisions governing the appropriation of water; revising provisions relating to groundwater in certain designated areas; revising conditions under which the State Engineer may require the plugging of certain wells used for domestic purposes; defining certain terms relating to the Conservation of Colorado River Water Act; authorizing the Board of Directors of the Southern Nevada Water Authority to enact certain restrictions on water use for single-family residences under certain circumstances; prohibiting, with certain exceptions, the use of the waters of the Colorado River for certain purposes; establishing requirements relating to an irrigation water efficiency monitoring program; revising certain provisions relating to the use of the waters of the Colorado River to irrigate nonfunctional turf; authorizing the Authority to operate a program to convert properties using a septic system to a municipal sewer system and to impose a fee for such a program; authorizing the Board of Directors to authorize the General Manager of the Authority to restrict the use of water under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, a district board of health may adopt regulations to control the use of a residential individual system for disposal of sewage in the district. (NRS 444.650) Existing law also authorizes a district board of health, upon approval of the State Board of Health, to adopt regulations to regulate sanitation and the sanitary protection of water and food supplies. (NRS 439.366, 439.410) Section 1 of this bill authorizes a district board of health to create a voluntary financial assistance program to pay 100 percent of the costs for property owners with an existing septic system whose property is served by a municipal water system to connect to the community sewerage disposal system. Section 1 also: (1) authorizes such a district board of health to, upon an affirmative vote of two-thirds of the members of the board, impose a voluntary fee on owners of such septic systems to carry out such requirements; and (2) if such a voluntary fee is imposed, prohibits the district board of health from paying the costs of connecting to the community sewerage disposal system for any property owner who does not pay the voluntary fee. Section 2 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes.
κ2023 Statutes of Nevada, Page 1261 (CHAPTER 210, AB 220)κ
Section 34.5 of this bill requires a district board of health that creates such a voluntary financial assistance program to, on or before December 31, 2024, submit to the Director of the Legislative Counsel Bureau a report setting forth the number of participants in the program and recommendations for legislation.
Under existing law, a permit to operate a water system may not be issued by the Division of Environmental Protection of the State Department of Conservation and Natural Resources or certain district boards of health unless certain conditions are met, including, without limitation, that: (1) the local governing body assumes responsibility in case of default and assumes the duty of assessing the lands served; (2) the applicant furnishes the local governing body sufficient surety; (3) the owners of the lands to be served by the water system agree to be assessed by the local governing body for the cost of the water system if there is a default; and (4) the owners agree that if the Division determines that water provided by a public utility or a municipality or other public entity is reasonably available, all users may be required to connect to the water system provided by the public utility, municipality or other public entity and be assessed the costs for the connection. (NRS 445A.895) Section 4 of this bill revises these conditions to: (1) provide that, with certain exceptions, the sole and exclusive obligation of the local governing body is to use the surety in the event of a default to contract and pay the operator responsible for the continued operation and maintenance of the water system; (2) require the owners of property served by the water system to also provide a surety to the local governing body; and (3) provide that if the Division determines that water provided by a public utility or a municipality or other public entity is reasonably available, all users of the water system in certain counties are required to connect. Section 4.5 of this bill makes conforming changes to revise certain provisions relating to the disposition of the proceeds of assessments and sureties imposed by a local governing body for a public water system in the event of a default. Section 3 of this bill revises a reference to certain findings. Section 2.3 of this bill defines local governing body for the purposes of the provisions of sections 4 and 4.5. Section 2.6 of this bill makes a conforming change to indicate the proper placement of section 2.3 in the Nevada Revised Statutes.
Under existing law, if the State Environmental Commission determines that, in relevant part, water provided by a public utility or a municipality or other public entity is reasonably available to users of a water system, the board of county commissioners of that county may require all users of the system to connect into the available water system provided by a public utility or a municipality or other public entity. (NRS 244.3655) Section 7 of this bill provides instead that if the Commission determines that water provided by a public utility or a municipality or other public entity may be accessed within 1,250 feet of any lot or parcel served by the water system, the board of county commissioners shall, in a county whose population is 700,000 or more (currently only Clark County), and may, in all other counties, require all users of the system to connect into the available water system provided by a public utility or a municipality or other public entity.
Under existing law, if the State Environmental Commission or the governing body of certain cities determines certain water systems within the city limits are not serving the needs of its users and water provided by a public utility, the city or another municipality or public entity is reasonably available to those users, the governing body may require all users of the system to connect into the available water system and assess each lot or parcel for its share of the cost. (NRS 268.4102) Section 10 of this bill provides instead that if the water system may be accessed within 1,250 feet of the property of such users, the governing body of a county whose population is 700,000 or more (currently only Clark County) shall require all users to connect. Section 10 also provides that all other governing bodies of a county may require all users to connect in such circumstances.
Existing law sets forth an approval process for the subdivision of land that requires: (1) a subdivider of land to submit a tentative map to the planning commission or the governing body of a county or city, as applicable; and (2) the planning commission or governing body to forward a copy of the tentative map to certain other state and local agencies for review and comment.
κ2023 Statutes of Nevada, Page 1262 (CHAPTER 210, AB 220)κ
certain other state and local agencies for review and comment. (NRS 278.330-278.460) Sections 13 and 16 of this bill require that if a proposed subdivision will be served by a public water system: (1) in a county whose population is 700,000 or more, the planning commission or the governing body, as applicable, must file the tentative map with the supplier of water for review and comment; and (2) if the subdivision is located in a general improvement district, the planning commission or the governing body must file the tentative map with the supplier of water in the district. Section 17 of this bill provides that such a governing body of a county or city may not approve a tentative map, unless the supplier of water determines that there is available water which meets applicable health standards and is sufficient in quantity for the reasonably foreseeable needs of the subdivision.
Under existing law, a final map presented for filing must include certificates and acknowledgments from certain entities. (NRS 278.374-278.378) Section 14 of this bill requires that if a subdivision in a county whose population is 700,000 or more or in a general improvement district will be served by a public water system, the final map presented for filing must include a certificate of approval from the supplier of water.
Section 15 of this bill makes conforming changes to indicate the proper placement of sections 13 and 14 in the Nevada Revised Statutes. Section 18 of this bill makes a conforming change to require the certificate of approval required by section 14 to appear on the final map. Sections 19 and 21 of this bill make conforming changes to also require a map of reversion and a final map for a planned development to have such a certificate of approval, if applicable.
Existing law establishes certain minimum standards for plumbing fixtures in new construction, expansions and renovations in residential, commercial, industrial or manufactured structures, public buildings, manufactured homes and mobile homes and requires the use of certain plumbing fixtures that have been certified under the WaterSense program established by the United States Environmental Protection Agency if a final product specification has been developed by the WaterSense program. (NRS 278.582, 338.193, 461.175, 489.706) Sections 6, 20, 22 and 24 of this bill require that, with certain exceptions, if the WaterSense program has established a final product specification for an irrigation controller or spray sprinkler body, any new construction, expansions and renovations on such structures, buildings and homes must install irrigation controllers and spray sprinkler bodies that have been certified under the WaterSense program.
Existing law establishes a program to provide grants of money for water conservation and capital improvements to certain water systems, including grants to an eligible recipient to pay certain costs associated with connecting a well to a municipal water system under certain circumstances. (NRS 349.981) Section 23 of this bill provides instead for grants of money to pay certain costs associated with plugging and abandoning a well and connecting the property formerly served by the well to a municipal water system under certain circumstances.
Existing law exempts, under certain circumstances, the de minimus collection of precipitation from the requirements of the Nevada Revised Statutes relating to the appropriation of water. (NRS 533.027) Section 24.5 of this bill also exempts the use of water by public agencies or volunteer fire departments to extinguish fires in an emergency.
Under existing law, the State Engineer may issue temporary permits to appropriate groundwater in certain designated areas which may be revoked if the property served by the permit is within 180 feet of water furnished by an entity such as a water district or a municipality and the well needs to be redrilled or have certain repairs made. (NRS 534.120) Section 26 of this bill instead provides that the State Engineer: (1) may only issue a temporary permit if water cannot be furnished by a public entity that furnishes water; and (2) authorizes the State Engineer to revoke such a temporary permit if the property served by the temporary permit is within 1,250 feet of water furnished by a public entity such as a water district or a municipality. Section 26 also requires the State Engineer to, in an area in which such temporary permits have been issued: (1) deny applications to appropriate groundwater if a public entity that furnishes water serves the area; (2) limit the depth of domestic wells; and (3) prohibit the drilling of wells for domestic use.
κ2023 Statutes of Nevada, Page 1263 (CHAPTER 210, AB 220)κ
Under existing law, the State Engineer may require the plugging of certain domestic wells drilled in a basin in which such wells must be registered if water can be furnished by certain entities, but only if the charge for connecting to the furnished water is less than $200. (NRS 534.180) Section 27 of this bill: (1) removes the requirement that the charge for connecting be less than $200; and (2) requires plugging of a well if the well is within 1,250 feet of a municipal water system.
Existing law requires that applications for the appropriation of water or to change the place of diversion, manner of use or place of use of certain waters must be made to the Colorado River Commission. (NRS 538.171) Section 27.5 of this bill also requires that applications to change the holder of the entitlement to appropriate certain waters be submitted to the Colorado River Commission.
The Conservation of Colorado River Water Act prohibits, with certain exceptions, the waters of the Colorado River that are distributed by the Southern Nevada Water Authority or one of the member agencies of the Authority from being used to irrigate nonfunctional turf on any property that is not zoned exclusively for a single-family residence on and after January 1, 2027. (Section 39 of chapter 364, Statutes of Nevada 2021, at page 2180) Section 31 of this bill prohibits the use of such waters of the Colorado River for irrigating nonfunctional turf on any parcel of property that is not used exclusively as a single-family residence.
Section 28 of this bill defines General Manager for the purposes of the Conservation of Colorado River Water Act. Section 29 of this bill: (1) authorizes the Board of Directors of the Authority to restrict the use of water by a single-family residence to not more than 0.5 acre-feet of water during any year in which the Federal Government reduces Nevadas allocation of the Colorado River to 270,000 acre-feet or less; and (2) requires the Board of Directors to establish a process to approve a waiver of such restrictions on the use of water. Section 29 also prohibits, with certain exceptions, the installation of new turf on any parcel of property that uses such waters of the Colorado River for irrigation beginning on the effective date of this bill and ending on December 31, 2023. Any new turf installed on and after January 1, 2024, must meet the requirements established by the Board of Directors, unless the General Manager approves a waiver.
Section 29 further prohibits the installation of a new septic system on any parcel of property that uses such waters of the Colorado River.
Section 30 of this bill requires certain parcels of property which use such waters of the Colorado River to participate in an irrigation water efficiency monitoring program if the property: (1) is not used exclusively as a single-family residence; and (2) consists of 20,000 square feet or more of turf. Section 30 also: (1) requires the Board of Directors to develop and establish policies, guidelines and deadlines for participation in such an irrigation water efficiency monitoring program; and (2) authorizes the General Manager to approve an extension or waiver from the irrigation water efficiency monitoring program.
The Southern Nevada Water Authority Act authorizes the Authority, in consultation with the Advisory Committee for the Management of Groundwater in the Las Vegas Valley Groundwater Basin, to operate a project for the recharge and recovery or underground storage and recovery of groundwater for the benefit of owners of wells in the Las Vegas Valley Groundwater Basin. (Section 14.5 of chapter 572, Statutes of Nevada 1997, as added by section 1 of chapter 468, Statutes of Nevada 1999, at page 2387) The Act also authorizes the Authority to assess certain fees on users of groundwater and owners of domestic wells, including a fee if the Authority operates such a project. (Section 13 of chapter 572, Statutes of Nevada 1997, as amended by chapter 468, Statutes of Nevada 1999, at page 2387) Section 33 of this bill also authorizes the Authority, in consultation with the Advisory Committee, to operate a program to convert any property served by a septic system to a municipal sewer system. Section 32 of this bill authorizes the Authority to assess a fee on users of groundwater and owners of domestic wells for the program to convert septic systems.
κ2023 Statutes of Nevada, Page 1264 (CHAPTER 210, AB 220)κ
The Southern Nevada Water System Act of 1995 establishes certain powers and duties of the Authority. (Section 2 of chapter 393, Statutes of Nevada 1995, at page 963) Section 34 of this bill authorizes the Board of Directors of the Authority, by resolution, to authorize the General Manager of the Authority to restrict water usage during certain water emergencies and shortages and provides that the Board of Directors must ratify any such restrictions imposed by the General Manager.
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 439 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The district board of health may create a voluntary financial assistance program to pay 100 percent of the cost for a property owner with an existing septic system whose property is served by a municipal water system to abandon the septic system and connect to the community sewerage disposal system.
2. Upon an affirmative vote of two-thirds of all the members of the district board of health, the district board of health may impose a voluntary annual fee on property owners with existing septic systems whose property is served by a municipal water system to carry out the provisions of this section.
3. If the district board of health imposes a voluntary annual fee pursuant to subsection 2:
(a) The fee must not exceed the annual sewer rate charged by the largest community sewerage disposal system in the county or counties, as applicable, in which the district board of health has been established; and
(b) The district board of health shall not provide financial assistance to any property owner who does not pay the voluntary fee.
4. As used in this section:
(a) Community sewerage disposal system means a public system of sewage disposal which is operated for the benefit of a county, city, district or other political subdivision of this State.
(b) Septic system means a well that is used to place sanitary waste below the surface of the ground that is typically composed of a septic tank and a subsurface fluid distribution or disposal system. The term includes a residential individual system for disposal of sewage.
Sec. 2. NRS 439.361 is hereby amended to read as follows:
439.361 The provisions of NRS 439.361 to 439.3685, inclusive, and section 1 of this act, apply to a county whose population is 700,000 or more.
Sec. 2.3. Chapter 445A of NRS is hereby amended by adding thereto a new section to read as follows:
Local governing body means:
1. The governing body of an incorporated city in which is located within the limits of the incorporated city all or any part of an area serviced by a water system; or
2. The board of county commissioners of a county in which is located within the unincorporated area of the county all of an area serviced by a water system.
Sec. 2.6. NRS 445A.805 is hereby amended to read as follows:
445A.805 As used in NRS 445A.800 to 445A.955, inclusive, and section 2.3 of this act, unless the context otherwise requires, the words and terms defined in NRS 445A.807 to 445A.850, inclusive, and section 2.3 of this act have the meanings ascribed to them in those sections.
κ2023 Statutes of Nevada, Page 1265 (CHAPTER 210, AB 220)κ
terms defined in NRS 445A.807 to 445A.850, inclusive, and section 2.3 of this act have the meanings ascribed to them in those sections.
Sec. 3. NRS 445A.890 is hereby amended to read as follows:
445A.890 Before making the finding specified in NRS 445A.910 and before making the determinations specified in NRS 244.3655, 268.4102 and 445A.895, the Commission or Division , as applicable, shall request comments from the:
1. Public Utilities Commission of Nevada;
2. State Engineer;
3. Local government within whose jurisdiction the water system is located; and
4. Owner of the water system.
Sec. 4. NRS 445A.895 is hereby amended to read as follows:
445A.895 A permit to operate a water system may not be issued pursuant to NRS 445A.885 unless all of the following conditions are met:
1. Neither water provided by a public utility nor water provided by a municipality or other public entity is available to the persons to be served by the water system.
2. The applicant fully complies with all of the conditions of NRS 445A.885 to 445A.915, inclusive.
3. The applicant submits to the Division or the district board of health designated by the Commission documentation issued by the State Engineer which sets forth that the applicant holds water rights that are sufficient to operate the water system.
4. The local governing body [assumes:] agrees:
(a) [Responsibility in case of] That, except as otherwise provided in paragraph (b), in the event of a default by the builder , [or] developer or owner of the water system , the sole and exclusive obligation of the local governing body shall be to use the surety furnished to the local governing body pursuant to subsection 5 to contract with and pay the operator of the water system for [its] the continued operation and maintenance [in accordance with all the terms and conditions of the permit.] of the water system.
(b) [The] To assume the duty of assessing the lands served as provided in subsection 6 [.] in the event of default by the builder, developer or owner of the water system.
5. The applicant furnishes the local governing body sufficient surety, in the form of a bond, certificate of deposit, investment certificate , properly established and funded reserve account or any other form acceptable to the governing body, to ensure the continued maintenance and operation of the water system:
(a) For 5 years following the date the system is placed in operation; or
(b) Until 75 percent of the lots or parcels served by the system are sold,
Κ whichever is later.
6. The owners of the lands to be served by the water system [record] :
(a) Furnish the local governing body sufficient surety, in the form of a bond, certificate of deposit, investment certificate, properly established and funded reserve account or any other form acceptable to the governing body, to ensure the continued maintenance and operation of the water system and continued technical, financial and managerial capability of the water system; and
(b) Record a declaration of covenants, conditions and restrictions which is an equitable servitude running with the land and which must provide [that] :
κ2023 Statutes of Nevada, Page 1266 (CHAPTER 210, AB 220)κ
(1) That each lot or parcel will be assessed by the local governing body for its proportionate share of the cost of replenishing or augmenting the surety required pursuant to paragraph (a) as necessary for the continued operation and maintenance of the water system if there is a default by the [applicant or operator] builder, developer or owner of the water system [and a sufficient surety, as provided in subsection 5, is not available.] ;
(2) That the owners of the lands will annually provide the local governing body with a financial audit of the water system, including, without limitation, any reserve account, if established, to ensure the adequacy of the financial management of the water system; and
(3) An acknowledgment of and agreement with the obligations of the local governing body pursuant to subsection 4 and subsection 3 of NRS 445A.905.
7. If the water system uses or stores ozone, the portion of the system where ozone is used or stored must be constructed not less than 100 feet from any existing residence, unless the owner and occupant of each residence located closer than 100 feet consent to the construction of the system at a closer distance.
8. The owners of the lands to be served by the water system record a declaration of covenants, conditions and restrictions [recorded by the owners of the lands further] , which is an equitable servitude running with the land, and provides that if the Division determines that:
(a) The water system is not satisfactorily serving the needs of its users; and
(b) Water provided by a public utility or a municipality or other public entity is reasonably available,
Κ the local governing body shall, in a county whose population is 700,000 or more, and may, in all other counties, pursuant to NRS 244.3655 or 268.4102, require all users of the water system to connect into the available water system provided by a public utility or a municipality or other public entity, and each lot or parcel will be assessed by the local governing body for its proportionate share of the costs associated with connecting into that water system. If the water system is being connected into a public utility, the Public Utilities Commission of Nevada shall determine the amount of the assessments for the purposes of establishing a lien pursuant to NRS 445A.900.
9. Provision has been made for disposition of the water system and the land on which it is situated after the local governing body requires all users to connect into an available water system provided by a public utility or a municipality or other public entity.
Sec. 4.5. NRS 445A.905 is hereby amended to read as follows:
445A.905 1. The proceeds of any assessments upon lots or parcels and the sureties required pursuant to NRS 445A.895 must be deposited with the treasurer of the local governing body which received them, and they may be expended only for the:
(a) Continued maintenance and operation of the water system;
(b) Replacement of the water system if necessary; and
(c) Payment of the costs, including, but not limited to, the direct costs of connection and the costs of necessary new or rehabilitated facilities and any necessary water rights, associated with connection to any water system provided by a public utility or a municipality or other public entity that becomes reasonably available.
κ2023 Statutes of Nevada, Page 1267 (CHAPTER 210, AB 220)κ
2. If any surplus exists in the proceeds of assessments and the sureties required pursuant to NRS 445A.895 after all purposes of the assessments and sureties have been fully met, the surplus must be refunded to the persons who paid the assessments [,] and sureties, in the proportion that their respective assessments and sureties bear to the gross proceeds of all assessments and sureties collected by the local governing body.
3. For the purposes set forth in subsection 1, the local governing body is not obligated to:
(a) Expend money from any source other than the assessments and surety deposited pursuant to NRS 445A.895;
(b) Extend credit on behalf of a builder, developer or owner of land to be served by the water system; or
(c) Collect any unpaid assessment, unless the local governing body has agreed to assume the duty for the assessments pursuant to subsection 4 of NRS 445A.895.
Sec. 5. (Deleted by amendment.)
Sec. 6. NRS 461.175 is hereby amended to read as follows:
461.175 1. Each manufactured building on which construction begins on or after March 1, 1992, and before March 1, 1993, must incorporate the following minimal standards for plumbing fixtures:
(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 3.5 gallons of water per flush.
(b) A shower apparatus which uses more than 3 gallons of water per minute must not be installed unless it is equipped with a device to reduce water consumption to 3 gallons of water or less per minute.
(c) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 3 gallons per minute.
2. Each manufactured building on which construction begins on or after March 1, 1993, and before January 1, 2020, must incorporate the following minimal standards for plumbing fixtures:
(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 1.6 gallons of water per flush.
(b) A shower apparatus which uses more than 2.5 gallons of water per minute must not be installed unless it is equipped with a device to reduce water consumption to 2.5 gallons of water or less per minute.
(c) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 2.5 gallons per minute.
3. Each manufactured building on which construction begins on or after January 1, 2020:
(a) If the WaterSense program established by the United States Environmental Protection Agency has developed a final product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that has not been certified under the WaterSense program.
(b) If the WaterSense program has not developed a final product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that does not comply with any applicable requirements of federal law and the building code of the county or city.
4. For the purposes of subsection 3, a plumbing fixture is considered certified under the WaterSense program if the fixture meets the requirements of paragraph (a) or (b) of subsection [5] 6 of NRS 278.582.
κ2023 Statutes of Nevada, Page 1268 (CHAPTER 210, AB 220)κ
5. Each manufactured building on which construction begins on or after January 1, 2024, and each existing manufactured building which is expanded or renovated on or after January 1, 2024:
(a) If the WaterSense program established by the United States Environmental Protection Agency has developed a final product specification for an irrigation controller or spray sprinkler body, must not install any irrigation controller or spray sprinkler body that has not been certified under the WaterSense program.
(b) If the WaterSense program has not developed a final product specification for a type of irrigation controller or spray sprinkler body, must not install any irrigation controller or spray sprinkler body that does not comply with any applicable requirements of federal law and the building code of the county or city.
6. For the purposes of subsection 5, a landscape irrigation fixture is considered certified under the WaterSense program if the fixture meets the requirements of paragraph (a) or (b) of subsection 6 of NRS 278.582.
Sec. 7. NRS 244.3655 is hereby amended to read as follows:
244.3655 1. If the State Environmental Commission determines that:
(a) A water system which is located in a county and was constructed on or after July 1, 1991, is not satisfactorily serving the needs of its users; and
(b) Water provided by a public utility or a municipality or other public entity [is reasonably available to those users,] may be accessed within 1,250 feet of any lot of parcel served by the water system,
Κ the board of county commissioners of that county shall, in a county whose population is 700,000 or more, and may , in all other counties, require all users of the system to connect into the available water system provided by a public utility or a municipality or other public entity, and may assess each lot or parcel served for its proportionate share of the costs associated with connecting into that water system. If the water system is being connected into a public utility, the Public Utilities Commission of Nevada shall determine the amount of the assessments for the purposes of establishing a lien pursuant to NRS 445A.900.
2. As used in this section, water system has the meaning ascribed to it in NRS 445A.850.
Secs. 8 and 9. (Deleted by amendment.)
Sec. 10. NRS 268.4102 is hereby amended to read as follows:
268.4102 1. If the State Environmental Commission determines that:
(a) A water system which is located within the boundaries of a city and was constructed on or after July 1, 1991, is not satisfactorily serving the needs of its users; and
(b) Water provided by a public utility or a municipality or other public entity [is reasonably available to those users,] may be accessed within 1,250 feet of any lot or parcel served by the water system,
Κ the governing body of that city shall, in a county whose population is 700,000 or more, and may , in all other counties, require all users of the system to connect into the available water system provided by a public utility or a municipality or other public entity, and may assess each lot or parcel served for its share of the costs associated with connecting into that water system. If the water system is being connected into a public utility, the Public Utilities Commission of Nevada shall determine the amount of the assessments for the purposes of establishing a lien pursuant to NRS 445A.900.
2. As used in this section, water system has the meaning ascribed to it in NRS 445A.850.
κ2023 Statutes of Nevada, Page 1269 (CHAPTER 210, AB 220)κ
Sec. 11. (Deleted by amendment.)
Sec. 12. Chapter 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 13 and 14 of this act.
Sec. 13. In a county whose population is 700,000 or more, when any subdivider proposes to subdivide land that will be served by a public water system, the planning commission or its designated representative, or, if there is no planning commission, the clerk or other designated representative of the governing body, shall file a copy of the subdividers tentative map with the supplier of water. The supplier of water shall, within 30 days, review and comment in writing upon the tentative map to the planning commission or the governing body regarding the availability of water which meets applicable health standards and is sufficient in quantity for the reasonably foreseeable needs of the subdivision.
Sec. 14. A final map presented for filing which is subject to the provisions of NRS 278.347 or section 13 of this act must include a certificate by the supplier of water showing that the final map is approved by the supplier of water with regard to the availability of water which meets applicable health standards and is sufficient in quantity for the reasonably foreseeable needs of the subdivision.
Sec. 15. NRS 278.010 is hereby amended to read as follows:
278.010 As used in NRS 278.010 to 278.630, inclusive, and sections 13 and 14 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0103 to 278.0195, inclusive, have the meanings ascribed to them in those sections.
Sec. 16. NRS 278.347 is hereby amended to read as follows:
278.347 1. When any subdivider proposes to subdivide land, any part of which is located within the boundaries of any general improvement district organized or reorganized pursuant to chapter 318 of NRS, the planning commission or its designated representative, or, if there is no planning commission, the clerk or other designated representative of the governing body shall file a copy of the subdividers tentative map with [the] :
(a) The board of trustees of the district [. The board of trustees may within] ; and
(b) If the subdivision will be served by a public water system, the supplier of water in the district.
2. Within 30 days :
(a) The board of trustees may review and comment in writing upon the tentative map filed pursuant to subsection 1 to the planning commission or governing body [.] ; and
(b) If applicable, the supplier of water shall review and comment in writing upon the tentative map filed pursuant to subsection 1 to the planning commission or the governing body regarding the availability of water which meets applicable health standards and is sufficient in quantity for the reasonably foreseeable needs of the subdivision.
3. The planning commission or governing body shall take any such comments submitted pursuant to subsection 2 by the board of trustees and the supplier of water, if applicable, into consideration before approving the tentative map.
Sec. 17. NRS 278.349 is hereby amended to read as follows:
278.349 1. Except as otherwise provided in subsection 2, the governing body, if it has not authorized the planning commission to take final action, shall, by an affirmative vote of a majority of all the members, approve, conditionally approve or disapprove a tentative map filed pursuant to NRS 278.330:
κ2023 Statutes of Nevada, Page 1270 (CHAPTER 210, AB 220)κ
final action, shall, by an affirmative vote of a majority of all the members, approve, conditionally approve or disapprove a tentative map filed pursuant to NRS 278.330:
(a) In a county whose population is 700,000 or more, within 45 days; or
(b) In a county whose population is less than 700,000, within 60 days,
Κ after receipt of the planning commissions recommendations.
2. If there is no planning commission, the governing body shall approve, conditionally approve or disapprove a tentative map:
(a) In a county whose population is 700,000 or more, within 45 days; or
(b) In a county whose population is less than 700,000, within 60 days,
Κ after the map is filed with the clerk of the governing body.
3. The governing body, or planning commission if it is authorized to take final action on a tentative map, shall consider:
(a) Environmental and health laws and regulations concerning water and air pollution, the disposal of solid waste, facilities to supply water, community or public sewage disposal and, where applicable, individual systems for sewage disposal;
(b) The availability of water which meets applicable health standards and is sufficient in quantity for the reasonably foreseeable needs of the subdivision;
(c) The availability and accessibility of utilities;
(d) The availability and accessibility of public services such as schools, police protection, transportation, recreation and parks;
(e) Conformity with the zoning ordinances and master plan, except that if any existing zoning ordinance is inconsistent with the master plan, the zoning ordinance takes precedence;
(f) General conformity with the governing bodys master plan of streets and highways;
(g) The effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision;
(h) Physical characteristics of the land such as floodplain, slope and soil;
(i) The recommendations and comments of those entities and persons reviewing the tentative map pursuant to NRS 278.330 to 278.3485, inclusive;
(j) The availability and accessibility of fire protection, including, but not limited to, the availability and accessibility of water and services for the prevention and containment of fires, including fires in wild lands;
(k) The potential impacts to wildlife and wildlife habitat; and
(l) The submission by the subdivider of an affidavit stating that the subdivider will make provision for payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of paragraph (f) of subsection 1 of NRS 598.0923, if applicable, by the subdivider or any successor in interest.
4. The governing body or planning commission shall, by an affirmative vote of a majority of all the members, make a final disposition of the tentative map. The governing body or planning commission shall not approve the tentative map unless [the] :
(a) The subdivider has submitted an affidavit stating that the subdivider will make provision for the payment of the tax imposed by chapter 375 of NRS and for compliance with the disclosure and recording requirements of paragraph (f) of subsection 1 of NRS 598.0923, if applicable, by the subdivider or any successor in interest [.] ; and
κ2023 Statutes of Nevada, Page 1271 (CHAPTER 210, AB 220)κ
(b) For any tentative map subject to the requirements of NRS 278.347 or section 13 of this act, the supplier of water that will serve the subdivision has determined that there is available water which meets applicable health standards and is sufficient in quantity for the reasonably foreseeable needs of the subdivision.
Κ Any disapproval or conditional approval must include a statement of the reason for that action.
Sec. 18. NRS 278.373 is hereby amended to read as follows:
278.373 The certificates and acknowledgments required by NRS 116.2109 and 278.374 to 278.378, inclusive, and section 14 of this act, if applicable, must appear on a final map and may be combined where appropriate.
Sec. 19. NRS 278.4955 is hereby amended to read as follows:
278.4955 1. The map of reversion submitted pursuant to NRS 278.490 must contain the appropriate certificates required by NRS 278.376 , [and] 278.377 and section 14 of this act, if applicable, for the original division of the land, any agreement entered into for a required improvement pursuant to NRS 278.380 for the original division of the land, and the certificates required by NRS 278.496 and 278.4965. If the map includes the reversion of any street or easement owned by a city, a county or the State, the provisions of NRS 278.480 must be followed before approval of the map.
2. The final map of reversion must:
(a) Be prepared by a professional land surveyor licensed pursuant to chapter 625 of NRS. The professional land surveyor shall state in his or her certificate that the map has been prepared from information on a recorded map or maps that are being reverted. The professional land surveyor may state in the certificate that he or she assumes no responsibility for the existence of the monuments or for correctness of other information shown on or copied from the document. The professional land surveyor shall include in the certificate information which is sufficient to identify clearly the recorded map or maps being reverted.
(b) Be clearly and legibly drawn in black permanent ink upon good tracing cloth or produced by the use of other materials of a permanent nature generally used for such a purpose in the engineering profession. Affidavits, certificates and acknowledgments must be legibly stamped or printed upon the map with black permanent ink.
3. The size of each sheet of the final map must be 24 by 32 inches. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of 1 inch at the top, bottom and right edges, and of 2 inches at the left edge along the 24-inch dimension.
4. The scale of the final map must be large enough to show all details clearly, and enough sheets must be used to accomplish this end.
5. The particular number of the sheet and the total number of sheets comprising the final map must be stated on each of the sheets, and its relation to each adjoining sheet must be clearly shown.
6. Each future conveyance of the reverted property must contain a metes and bounds legal description of the property and must include the name and mailing address of the person who prepared the legal description.
Sec. 20. NRS 278.582 is hereby amended to read as follows:
278.582 1. Each county and city shall include in its respective building code the requirements of this section. If a county or city has no building code, it shall adopt those requirements by ordinance and provide for their enforcement by its own officers or employees or through interlocal agreement by the officers or employees of another local government.
κ2023 Statutes of Nevada, Page 1272 (CHAPTER 210, AB 220)κ
their enforcement by its own officers or employees or through interlocal agreement by the officers or employees of another local government. Additionally, each county and city shall prohibit by ordinance the sale and installation of any plumbing fixture or landscape irrigation fixture which does not meet the standards made applicable for the respective county or city pursuant to this section.
2. Except as otherwise provided in subsection [6,] 7, each residential, commercial or industrial structure on which construction begins on or after March 1, 1992, and before March 1, 1993, and each existing residential, commercial or industrial structure which is expanded or renovated on or after March 1, 1992, and before March 1, 1993, must incorporate the following minimal standards for plumbing fixtures:
(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 3.5 gallons of water per flush.
(b) A shower apparatus which uses more than 3 gallons of water per minute must not be installed unless it is equipped with a device to reduce water consumption to 3 gallons of water or less per minute.
(c) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 3 gallons per minute.
(d) A urinal which continually flows or flushes water must not be installed.
3. Except as otherwise provided in subsection [6,] 7, each residential, commercial or industrial structure on which construction begins on or after March 1, 1993, and before January 1, 2020, and each existing residential, commercial or industrial structure which is expanded or renovated on or after March 1, 1993, and before January 1, 2020, must incorporate the following minimal standards for plumbing fixtures:
(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 1.6 gallons of water per flush.
(b) A shower apparatus which uses more than 2.5 gallons of water per minute must not be installed unless it is equipped with a device to reduce water consumption to 2.5 gallons of water or less per minute.
(c) A urinal which uses water must not be installed unless its consumption of water does not exceed 1 gallon of water per flush.
(d) A toilet or urinal which employs a timing device or other mechanism to flush periodically, irrespective of demand, must not be installed.
(e) A urinal which continually flows or flushes water must not be installed.
(f) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 2.5 gallons per minute.
(g) Each faucet installed in a public restroom must contain a mechanism which closes the faucet automatically after a predetermined amount of water has flowed through the faucet. Multiple faucets that are activated from a single point must not be installed.
4. Except as otherwise provided in subsection [6,] 7, each residential, commercial or industrial structure on which construction begins on or after January 1, 2020, and each existing residential, commercial or industrial structure which is expanded or renovated on or after January 1, 2020:
(a) If the WaterSense program established by the United States Environmental Protection Agency has developed a final product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that has not been certified under the WaterSense program.
κ2023 Statutes of Nevada, Page 1273 (CHAPTER 210, AB 220)κ
(b) If the WaterSense program has not developed a final product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that does not comply with any applicable requirements of federal law and the building code of the county or city.
5. Except as otherwise provided in subsection 7, each residential, commercial or industrial structure on which construction begins on or after January 1, 2024, and each existing residential, commercial or industrial structure which is expanded or renovated on or after January 1, 2024:
(a) If the WaterSense program established by the United States Environmental Protection Agency has developed a final product specification for an irrigation controller or spray sprinkler body, must not install any irrigation controller or spray sprinkler body that has not been certified under the WaterSense program.
(b) If the WaterSense program has not developed a final product specification for a type of irrigation controller or spray sprinkler body, must not install any irrigation controller or spray sprinkler body that does not comply with any applicable requirements of federal law and the building code of the county or city.
6. For the purposes of [subsection] subsections 4 [:] and 5:
(a) A plumbing fixture or landscape irrigation fixture is considered certified under the WaterSense program if the fixture has been:
(1) Tested by an accredited third-party certifying body or laboratory in accordance with the United States Environmental Protection Agencys WaterSense program or an analogous successor program;
(2) Certified by the certifying body or laboratory as meeting the performance and efficiency requirements of the WaterSense program or an analogous successor program; and
(3) Authorized by the WaterSense program or an analogous successor program to use the WaterSense label or the label of an analogous successor program.
(b) If the WaterSense program modifies the requirements for a plumbing fixture or landscape irrigation fixture to be certified under the WaterSense program, a plumbing fixture or landscape irrigation fixture that was certified under the previous requirements shall be deemed certified for use under the WaterSense program for a period of 12 months following the modification of the requirements for certification.
[6.] 7. The requirements of this section [for] :
(a) For the installation of certain plumbing fixtures do not apply to any portion of:
[(a)] (1) An existing residential, commercial or industrial structure which is not being expanded or renovated; or
[(b)] (2) An existing residential, commercial or industrial structure if the structure was constructed 50 years or more before the current year, regardless of whether that structure has been expanded or renovated since its original construction.
(b) Except as otherwise provided in federal law, do not prohibit the governing body of a county or city from adopting more stringent requirements for plumbing fixtures or landscape irrigation fixtures.
Sec. 21. NRS 278A.570 is hereby amended to read as follows:
278A.570 1. A plan which has been given final approval by the city or county must be certified without delay by the city or county and filed of record in the office of the appropriate county recorder before any development occurs in accordance with that plan.
κ2023 Statutes of Nevada, Page 1274 (CHAPTER 210, AB 220)κ
record in the office of the appropriate county recorder before any development occurs in accordance with that plan. A county recorder shall not file for record any final plan unless it includes:
(a) A final map of the entire final plan or an identifiable phase of the final plan if required by the provisions of NRS 278.010 to 278.630, inclusive [;] , and sections 13 and 14 of this act;
(b) The certifications required pursuant to NRS 116.2109; and
(c) The same certificates of approval as are required under NRS 278.377 and section 14 of this act, if applicable, or evidence that:
(1) The approvals were requested more than 30 days before the date on which the request for filing is made; and
(2) The agency has not refused its approval.
2. Except as otherwise provided in this subsection, after the plan is recorded, the zoning and subdivision regulations otherwise applicable to the land included in the plan cease to apply. If the development is completed in identifiable phases, then each phase can be recorded. The zoning and subdivision regulations cease to apply after the recordation of each phase to the extent necessary to allow development of that phase.
3. Pending completion of the planned unit development, or of the part that has been finally approved, no modification of the provisions of the plan, or any part finally approved, may be made, nor may it be impaired by any act of the city or county except with the consent of any landowners affected by the modification and in accordance with the provisions of NRS 278A.410.
4. For the recording or filing of any final map, plat or plan, the county recorder shall collect a fee of $50 for the first sheet of the map, plat or plan plus $10 for each additional sheet. The fee must be deposited in the general fund of the county where it is collected.
Sec. 22. NRS 338.193 is hereby amended to read as follows:
338.193 1. Each public building sponsored or financed by a public body must meet the standards made applicable for the building pursuant to this section.
2. Except as otherwise provided in subsection 8, each public building, other than a prison or jail, on which construction begins on or after March 1, 1992, and before March 1, 1993, and each existing public building which is expanded or renovated on or after March 1, 1992, and before March 1, 1993, must incorporate the following minimal standards for plumbing fixtures:
(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 3.5 gallons of water per flush.
(b) A shower apparatus which uses more than 3 gallons of water per minute must not be installed unless it is equipped with a device to reduce water consumption to 3 gallons of water or less per minute.
(c) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 3 gallons per minute.
(d) A toilet or urinal which employs a timing device or other mechanism to flush periodically irrespective of demand must not be installed.
3. Except as otherwise provided in subsection 8, each public building, other than a prison or jail, on which construction begins on or after March 1, 1993, and before January 1, 2020, and each existing public building which is expanded or renovated on or after March 1, 1993, and before January 1, 2020, must incorporate the following minimal standards for plumbing fixtures:
κ2023 Statutes of Nevada, Page 1275 (CHAPTER 210, AB 220)κ
(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 1.6 gallons of water per flush.
(b) A shower apparatus which uses more than 2.5 gallons of water per minute must not be installed unless it is equipped with a device to reduce water consumption to 2.5 gallons of water or less per minute.
(c) A urinal which uses water must not be installed unless its consumption of water does not exceed 1 gallon of water per flush.
(d) A toilet or urinal which employs a timing device or other mechanism to flush periodically, irrespective of demand, must not be installed.
(e) A urinal which continually flows or flushes water must not be installed.
(f) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 2.5 gallons per minute.
(g) Each faucet installed in a public restroom must contain a mechanism which closes the faucet automatically after a predetermined amount of water has flowed through the faucet. Multiple faucets that are activated from a single point must not be installed.
4. Except as otherwise provided in subsection 8, each public building, other than a prison or jail, on which construction begins on or after January 1, 2020, and each existing public building which is expanded or renovated on or after January 1, 2020:
(a) If the WaterSense program established by the United States Environmental Protection Agency has developed a final product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that has not been certified under the WaterSense program.
(b) If the WaterSense program has not developed a final product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that does not comply with any applicable requirements of federal law and the building code of the county or city.
5. For the purposes of subsection 4, a plumbing fixture is considered certified under the WaterSense program if the fixture meets the requirements of paragraph (a) or (b) of subsection [5] 6 of NRS 278.582.
6. Each public building, other than a prison or jail, on which construction begins on or after January 1, 2024, and each existing public building which is expanded or renovated on or after January 1, 2024:
(a) If the WaterSense program established by the United States Environmental Protection Agency has developed a final product specification for an irrigation controller or spray sprinkler body, must not install any irrigation controller or spray sprinkler body that has not been certified under the WaterSense program.
(b) If the WaterSense program has not developed a final product specification for a type of irrigation controller or spray sprinkler body, must not install any irrigation controller or spray sprinkler body that does not comply with any applicable requirements of federal law and the building code of the county or city.
7. For the purposes of subsection 6, a landscape fixture is considered certified under the WaterSense program if the fixture meets the requirements of paragraph (a) or (b) of subsection 6 of NRS 278.582.
8. The requirements of this section for the installation of certain plumbing fixtures do not apply to any portion of:
κ2023 Statutes of Nevada, Page 1276 (CHAPTER 210, AB 220)κ
(a) An existing public building which is not being expanded or renovated; or
(b) A public building if the public building was constructed 50 years or more before the current year, regardless of whether that public building has been expanded or renovated since its original construction.
Sec. 23. NRS 349.981 is hereby amended to read as follows:
349.981 1. There is hereby established a program to provide grants of money to:
(a) A purveyor of water to pay for costs of capital improvements to publicly owned community water systems and publicly owned nontransient water systems required or made necessary by the State Environmental Commission pursuant to NRS 445A.800 to 445A.955, inclusive, or made necessary by the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., and the regulations adopted pursuant thereto.
(b) An eligible recipient to pay for the cost of improvements to conserve water, including, without limitation:
(1) Piping or lining of an irrigation canal;
(2) Recovery or recycling of wastewater or tailwater;
(3) Scheduling of irrigation;
(4) Measurement or metering of the use of water;
(5) Improving the efficiency of irrigation operations; and
(6) Improving the efficiency of the operation of a facility for the storage of water, including, without limitation, efficiency in diverting water to such a facility.
(c) An eligible recipient to pay the following costs associated with connecting a domestic well or well with a temporary permit to a municipal water system, if the well was in existence on or before October 1, 1999, and the well is located in an area designated by the State Engineer pursuant to NRS 534.120 as an area where the groundwater basin is being depleted:
(1) Any local or regional fee for connection to the municipal water system.
(2) The cost of any capital improvement that is required to comply with a decision or regulation of the State Engineer.
(d) An eligible recipient to pay the following costs associated with abandoning an individual sewage disposal system and connecting the property formerly served by the abandoned individual sewage disposal system to a community sewage disposal system, if the Division of Environmental Protection requires the individual sewage disposal system to be abandoned and the property upon which the individual sewage disposal system was located to be connected to a community sewage disposal system pursuant to the provisions of NRS 445A.300 to 445A.730, inclusive, or any regulations adopted pursuant thereto:
(1) Any local or regional fee for connection to the community sewage disposal system.
(2) The cost of any capital improvement that is required to comply with a statute of this State or a decision, directive, order or regulation of the Division of Environmental Protection.
(e) An eligible recipient to pay the following costs associated with plugging and abandoning a well and connecting [a] the property formerly served by the well to a municipal water system, if the State Engineer requires the plugging of the well pursuant to subsection 3 of NRS 534.180
κ2023 Statutes of Nevada, Page 1277 (CHAPTER 210, AB 220)κ
or if the quality of the water of the well fails to comply with the standards of the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., and the regulations adopted pursuant thereto:
(1) Any local or regional fee for connection to the municipal water system.
(2) The cost of any capital improvement that is required for the water quality in the area where the well is located to comply with the standards of the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., and the regulations adopted pursuant thereto.
(3) The cost of plugging and abandoning a well and connecting the property formerly served by the well to a municipal water system.
(f) A governing body to pay the costs associated with developing and maintaining a water resource plan.
2. Except as otherwise provided in NRS 349.983, the determination of who is to receive a grant is solely within the discretion of the Board.
3. For any construction work paid for in whole or in part by a grant provided pursuant to this section to a nonprofit association or nonprofit cooperative corporation that is an eligible recipient, the provisions of NRS 338.013 to 338.090, inclusive, apply to:
(a) Require the nonprofit association or nonprofit cooperative corporation to include in the contract for the construction work the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to those statutory provisions.
(b) Require the nonprofit association or nonprofit cooperative corporation to comply with those statutory provisions in the same manner as if it was a public body that had undertaken the project or had awarded the contract.
(c) Require the contractor who is awarded the contract for the construction work, or a subcontractor on the project, to comply with those statutory provisions in the same manner as if he or she was a contractor or subcontractor, as applicable, engaged on a public work.
4. As used in this section:
(a) Eligible recipient means:
(1) A political subdivision of this State, including, without limitation, a city, county, unincorporated town, water authority, conservation district, irrigation district, water district or water conservancy district.
(2) A nonprofit association or nonprofit cooperative corporation that provides water service only to its members.
(b) Governing body has the meaning ascribed to it in NRS 278.015.
(c) Water resource plan means a water resource plan created pursuant to NRS 278.0228.
Sec. 24. NRS 489.706 is hereby amended to read as follows:
489.706 1. Each manufactured home or mobile home on which construction begins on or after March 1, 1992, and before March 1, 1993, must incorporate the following minimal standards for plumbing fixtures:
(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 3.5 gallons of water per flush.
(b) A shower apparatus which uses more than 3 gallons of water per minute must not be installed unless it is equipped with a device to reduce water consumption to 3 gallons of water or less per minute.
(c) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 3 gallons per minute.
κ2023 Statutes of Nevada, Page 1278 (CHAPTER 210, AB 220)κ
2. Each manufactured home or mobile home on which construction begins on or after March 1, 1993, and before January 1, 2020, must incorporate the following minimal standards for plumbing fixtures:
(a) A toilet which uses water must not be installed unless its consumption of water does not exceed 1.6 gallons of water per flush.
(b) A shower apparatus which uses more than 2.5 gallons of water per minute must not be installed unless it is equipped with a device to reduce water consumption to 2.5 gallons of water or less per minute.
(c) Each faucet installed in a lavatory or kitchen must not allow water to flow at a rate greater than 2.5 gallons per minute.
3. Each manufactured home or mobile home on which construction begins on or after January 1, 2020:
(a) If the WaterSense program established by the United States Environmental Protection Agency has developed a final product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that has not been certified under the WaterSense program.
(b) If the WaterSense program has not developed a final product specification for a type of toilet, shower apparatus, urinal or faucet, must not install any toilet, shower apparatus, urinal or faucet that does not comply with any applicable requirements of federal law and the building code of the county or city.
4. For the purposes of subsection 3, a plumbing fixture is considered certified under the WaterSense program if the fixture meets the requirements of paragraph (a) or (b) of subsection [5] 6 of NRS 278.582.
5. Each manufactured home or mobile home on which construction begins on or after January 1, 2024:
(a) If the WaterSense program established by the United States Environmental Protection Agency has developed a final product specification for an irrigation controller or spray sprinkler body, must not install any irrigation controller or spray sprinkler body that has not been certified under the WaterSense program.
(b) If the WaterSense program has not developed a final product specification for a type of irrigation controller or spray sprinkler body, must not install any irrigation controller or spray sprinkler body that does not comply with any applicable requirements of federal law and the building code of the county or city.
6. For the purposes of subsection 5, a landscape fixture is considered certified under the WaterSense program if the fixture meets the requirements of paragraph (a) or (b) of subsection 6 of NRS 278.582.
Sec. 24.5. NRS 533.027 is hereby amended to read as follows:
533.027 1. The provisions of this chapter do not apply to [the] :
(a) The use of water in emergency situations to extinguish fires by a public agency or a volunteer fire department; or
(b) The de minimus collection of precipitation:
[(a)] (1) From the rooftop of a single-family dwelling for nonpotable domestic use; or
[(b)] (2) If the collection does not conflict with any existing water rights as determined by the State Engineer, in a guzzler to provide water for use by wildlife. The guzzler must:
[(1)] (I) Have a capacity of 20,000 gallons or less;
[(2)] (II) Have a capture area of 1 acre or less;
κ2023 Statutes of Nevada, Page 1279 (CHAPTER 210, AB 220)κ
[(3)] (III) Have a pipe length of 1/4 mile or less;
[(4)] (IV) Be developed by a state or federal agency responsible for wildlife management or by any other person in consultation with the Department of Wildlife; and
[(5)] (V) Be approved for use by the Department of Wildlife.
2. As used in this section:
(a) Domestic use has the meaning ascribed to it in NRS 534.013 . [; and]
(b) Guzzler has the meaning ascribed to it in NRS 501.121.
(c) Public agency means an agency, bureau, board, commission, department or division of this State or a political subdivision of this State.
Sec. 25. (Deleted by amendment.)
Sec. 26. NRS 534.120 is hereby amended to read as follows:
534.120 1. Within an area that has been designated by the State Engineer, as provided for in this chapter, where, in the judgment of the State Engineer, the groundwater basin is being depleted, the State Engineer in his or her administrative capacity may make such rules, regulations and orders as are deemed essential for the welfare of the area involved.
2. In the interest of public welfare, the State Engineer is authorized and directed to designate preferred uses of water within the respective areas so designated by the State Engineer and from which the groundwater is being depleted, and in acting on applications to appropriate groundwater, the State Engineer may designate such preferred uses in different categories with respect to the particular areas involved within the following limits:
(a) Domestic, municipal, quasi-municipal, industrial, irrigation, mining and stock-watering uses; and
(b) Any uses for which a county, city, town, public water district or public water company furnishes the water.
3. [Except as otherwise provided in subsection 5, the] The State Engineer may [:
(a) Issue] only issue temporary permits to appropriate groundwater [which] if water cannot be furnished by a public entity such as a water district or municipality presently engaged in furnishing water to the inhabitants thereof. Such temporary permits can be limited as to time and [which] may, [except as limited by subsection 4,] be revoked if and when [water] :
(a) Water can be furnished by [an] a public entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants thereof [.] ; and
(b) The property served is within 1,250 feet of the water furnished pursuant to paragraph (a).
Κ The holder of a temporary permit that is revoked pursuant to this subsection must be given 730 days from the date of revocation to connect to the public entity furnishing water.
4. In a basin designated pursuant to NRS 534.030, the State Engineer may:
(a) Deny applications to appropriate groundwater for any use in areas served by [such an] a public entity [.
(c)] such as a water district or a municipality presently engaged in furnishing water to the inhabitants of the area.
(b) Limit the depth of domestic wells.
κ2023 Statutes of Nevada, Page 1280 (CHAPTER 210, AB 220)κ
[(d)] (c) Prohibit the drilling of wells for domestic use [, as defined in NRS 534.013,] in areas where water can be furnished by [an] a public entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants thereof.
[(e)] (d) In connection with the approval of a parcel map in which any parcel is proposed to be served by a domestic well, require the dedication to a city or county or a designee of a city or county, or require a relinquishment to the State Engineer, of any right to appropriate water required by the State Engineer to ensure a sufficient supply of water for each of those parcels, unless the dedication of the right to appropriate water is required by a local ordinance.
[4. The State Engineer may revoke a temporary permit issued pursuant to subsection 3 for residential use, and require a person to whom groundwater was appropriated pursuant to the permit to obtain water from an entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the designated area, only if:
(a) The distance from the property line of any parcel served by a well pursuant to a temporary permit to the pipes and other appurtenances of the proposed source of water to which the property will be connected is not more than 180 feet; and
(b) The well providing water pursuant to the temporary permit needs to be redrilled or have repairs made which require the use of a well-drilling rig.]
5. [The State Engineer may, in] In an area in which have been issued temporary permits pursuant to subsection 3, [limit] the State Engineer:
(a) Shall:
(1) Deny any applications to appropriate groundwater for use in areas served by a public entity such as a water district or a municipality presently engaged in furnishing water;
(2) Limit the depth of a domestic well [pursuant to paragraph (c) of subsection 3 or] ; or
(3) Prohibit the drilling of wells for domestic use in areas where water can be furnished by a public entity such as a water district or a municipality presently engaged in furnishing water to the inhabitants; and
(b) May prohibit repairs from being made to a domestic well, and may require the person proposing to deepen or repair the domestic well to obtain water from [an] a public entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the designated area, only if:
[(a)] (1) The distance from the property line of any parcel served by the well to the pipes and other appurtenances of the proposed source of water to which the property will be connected is not more than 180 feet; and
[(b)] (2) The deepening or repair of the well would require the use of a well-drilling rig.
6. For good and sufficient reasons, the State Engineer may exempt the provisions of this section with respect to public housing authorities.
7. The provisions of this section do not prohibit the State Engineer from revoking a temporary permit issued pursuant to this section if any parcel served by a well pursuant to the temporary permit is currently obtaining water from [an] a public entity such as a water district or a municipality engaged in furnishing water to the inhabitants of the area.
Sec. 27. NRS 534.180 is hereby amended to read as follows:
534.180 1. Except as otherwise provided in subsection 2 and as to the furnishing of any information required by the State Engineer, this chapter does not apply in the matter of obtaining permits for the development and use of underground water from a well for domestic purposes where the draught does not exceed 2 acre-feet per year.
κ2023 Statutes of Nevada, Page 1281 (CHAPTER 210, AB 220)κ
does not apply in the matter of obtaining permits for the development and use of underground water from a well for domestic purposes where the draught does not exceed 2 acre-feet per year.
2. The State Engineer may designate any groundwater basin or portion thereof as a basin in which the registration of a well is required if the well is drilled for the development and use of underground water for domestic purposes. A driller who drills such a well shall register the information required by the State Engineer within 10 days after the completion of the well. The State Engineer shall make available forms for the registration of such wells and shall maintain a register of those wells.
3. The State Engineer may require the plugging of such a well which is drilled on or after July 1, 1981, at any time not sooner than 1 year after water can be furnished to the site by:
(a) A political subdivision of this State; or
(b) A public utility whose rates and service are regulated by the Public Utilities Commission of Nevada,
Κ but only if [the charge for making the connection to the service is less than $200.] such a well is within 1,250 feet of a municipal water system.
4. If the development and use of underground water from a well for an accessory dwelling unit of a single-family dwelling, as defined in an applicable local ordinance, qualifies as a domestic use or domestic purpose:
(a) The owner of the well shall:
(1) Obtain approval for that use or purpose from the local governing body or planning commission in whose jurisdiction the well is located;
(2) Install a water meter capable of measuring the total withdrawal of water from the well; and
(3) Ensure the total withdrawal of water from the well does not exceed 2 acre-feet per year;
(b) The local governing body or planning commission shall report the approval of the accessory dwelling unit on a form provided by the State Engineer;
(c) The State Engineer shall monitor the annual withdrawal of water from the well; and
(d) The date of priority for the use of the domestic well to supply water to the accessory dwelling unit is the date of approval of the accessory dwelling unit by the local governing body or planning commission.
Sec. 27.5. NRS 538.171 is hereby amended to read as follows:
538.171 1. The Commission shall receive, protect and safeguard and hold in trust for the State of Nevada all water and water rights, and all other rights, interests or benefits in and to the waters described in NRS 538.041 to 538.251, inclusive, and to the power generated thereon, held by or which may accrue to the State of Nevada under and by virtue of any Act of the Congress of the United States or any agreements, compacts or treaties to which the State of Nevada may become a party, or otherwise.
2. Except as otherwise provided in this subsection, applications for the original appropriation of such waters, or to change the holder of the entitlement to appropriate water, place of diversion, manner of use or place of use of water covered by the original appropriation, must be made to the Commission in accordance with the regulations of the Commission. In considering such an application, the Commission shall use the criteria set forth in [subsection 3 of] NRS 533.370. The Commissions action on the application constitutes the recommendation of the State of Nevada to the United States for the purposes of any federal action on the matter required by law.
κ2023 Statutes of Nevada, Page 1282 (CHAPTER 210, AB 220)κ
United States for the purposes of any federal action on the matter required by law. The provisions of this subsection do not apply to supplemental water.
3. The Commission shall furnish to the State Engineer a copy of all agreements entered into by the Commission concerning the original appropriation and use of such waters. It shall also furnish to the State Engineer any other information it possesses relating to the use of water from the Colorado River which the State Engineer deems necessary to allow the State Engineer to act on applications for permits for the subsequent appropriation of these waters after they fall within the State Engineers jurisdiction.
4. Notwithstanding any provision of chapter 533 of NRS, any original appropriation and use of the waters described in subsection 1 by the Commission or by any entity to whom or with whom the Commission has contracted the water is not subject to regulation by the State Engineer.
5. Any use of water from the Muddy River or the Virgin River for the creation of any developed shortage supply or intentionally created surplus does not require the submission of an application to the State Engineer to change the place of diversion, manner of use or place of use. As used in this subsection:
(a) Developed shortage supply has the meaning ascribed to it in NRS 533.030.
(b) Intentionally created surplus has the meaning ascribed to it in NRS 533.030.
Sec. 28. The Conservation of Colorado River Water Act, being chapter 364, Statutes of Nevada 2021, at page 2179, is hereby amended by adding thereto a new section to be designated as section 37.5, immediately following section 37, to read as follows:
Sec. 37.5. General Manager means the General Manager of the Southern Nevada Water Authority.
Sec. 29. The Conservation of Colorado River Water Act, being chapter 364, Statutes of Nevada 2021, at page 2179, is hereby amended by adding thereto new sections to be designated as sections 38.2, 38.4 and 38.6, respectively, immediately following section 38, to read as follows:
Sec. 38.2. 1. If the Federal Government reduces Nevadas allocation of the Colorado River for the upcoming year to 270,000 acre-feet or less, the Board of Directors may limit each single-family residence that uses the waters of the Colorado River distributed by the Southern Nevada Water Authority or a member agency of the Southern Nevada Water Authority to not more than 0.5 acre-feet of water for that upcoming year. Any limitation imposed by the Board of Directors may not go into effect before December 31 of the year before the year for which the Federal Government has reduced Nevadas allocation of the Colorado River to 270,000 acre-feet or less.
2. If the Board of Directors limits water usage of single-family residences pursuant to subsection 1, the Southern Nevada Water Authority and the member agencies of the Southern Nevada Water Authority shall notify all customers of the action of the Board of Directors to limit water usage by not later than October 1 of the year before the year for which the Federal Government has reduced Nevadas allocation of the Colorado River to 270,000 acre-feet or less.
κ2023 Statutes of Nevada, Page 1283 (CHAPTER 210, AB 220)κ
3. The Board of Directors shall establish a process to approve a waiver of any limitations imposed pursuant to subsection 1 for certain properties.
Sec. 38.4. 1. Except as otherwise provided in this section, on and after the effective date of Assembly Bill No. 220 of the 82nd Session of the Nevada Legislature, on any parcel of property that uses or will use the waters of the Colorado River distributed by the Southern Nevada Water Authority or one of the member agencies of the Southern Nevada Water Authority no new septic system may be installed.
2. The General Manager may, in his or her discretion, approve a waiver of the prohibition set forth in subsection 1.
3. The provisions of this section do not apply to any decreed, certificated or permitted right to appropriate water that is diverted from the Virgin River or Muddy River.
4. As used in this section, septic system means a well that is used to place sanitary waste below the surface of the ground which is typically composed of a septic tank and a subsurface fluid distribution or disposal system.
Sec. 38.6. 1. Except as otherwise provided in this subsection, beginning on the effective date of Assembly Bill No. 220 of the 82nd Session of the Nevada Legislature, and ending on December 31, 2023, new turf may not be installed on any parcel of property that uses or will use the waters of the Colorado River distributed by the Southern Nevada Water Authority or one of the member agencies of the Southern Nevada Water Authority. The provisions of this subsection do not apply to the installation of warm-season turf in parks, schools or cemeteries.
2. Except as otherwise provided in subsection 4, on and after January 1, 2024, any new turf that is installed on a parcel of property that uses or will use the waters of the Colorado River distributed by the Southern Nevada Water Authority or one of the member agencies of the Southern Nevada Water Authority must be installed in accordance with any requirements for turf adopted by the Board of Directors pursuant to subsection 3.
3. The Board of Directors shall adopt requirements for the installation of new turf on any parcel of property that uses or will use the waters of the Colorado River distributed by the Southern Nevada Water Authority or one of the member agencies of the Southern Nevada Water Authority.
4. The General Manager or his or her designee may approve a waiver from the prohibition set forth in subsection 2 or any turf requirements adopted by the Board of Directors pursuant to subsection 3.
Sec. 30. The Conservation of Colorado River Water Act, being chapter 364, Statutes of Nevada 2021, at page 2179, is hereby amended by adding thereto a new section to be designated as section 39.5, immediately following section 39, to read as follows:
Sec. 39.5. 1. Except as otherwise provided in this section, the Southern Nevada Water Authority shall require the owner of any parcel of property that uses the waters of the Colorado River distributed by the Southern Nevada Water Authority or one of the member agencies of the Southern Nevada Water Authority to participate in an irrigation water efficiency monitoring program established by the Southern Nevada Water Authority, if the parcel of property:
κ2023 Statutes of Nevada, Page 1284 (CHAPTER 210, AB 220)κ
member agencies of the Southern Nevada Water Authority to participate in an irrigation water efficiency monitoring program established by the Southern Nevada Water Authority, if the parcel of property:
(a) Is not used exclusively as a single-family residence; and
(b) Consists of 20,000 square feet or more of turf.
2. The Board of Directors shall:
(a) Develop and establish policies and guidelines for an irrigation water efficiency monitoring program;
(b) Establish deadlines within the service area of the Southern Nevada Water Authority for any owner subject to the requirements of subsection 1 to begin participating in the irrigation water efficiency monitoring program; and
(c) Not later than January 1, 2025, notify the owner of any parcel of property subject to the requirements of subsection 1 that he or she is required to participate in the irrigation water efficiency monitoring program by the deadline established pursuant to paragraph (b).
3. The General Manager or his or her designee may approve an extension or waiver from:
(a) The provisions of subsection 1; or
(b) The provisions of the policies and guidelines developed pursuant to subsection 2.
Sec. 31. Section 39 of the Conservation of Colorado River Water Act, being chapter 364, Statutes of Nevada 2021, at page 2180, is hereby amended to read as follows:
Sec. 39. 1. Except as otherwise provided in this section, on and after January 1, 2027, the waters of the Colorado River distributed by the Southern Nevada Water Authority or one of the member agencies of the Southern Nevada Water Authority may not be used to irrigate nonfunctional turf on any parcel of property that is not [zoned] used exclusively [for] as a single-family residence.
2. The Board of Directors shall:
(a) Define functional turf and nonfunctional turf for the purposes of subsection 1 and promulgate the definitions in the service rules , ordinances or codes of the member agencies of the Southern Nevada Water Authority; and
(b) Develop a plan to identify and facilitate the removal of existing nonfunctional turf within the service area of the Southern Nevada Water Authority on each parcel of property that is not [zoned] used exclusively [for] as a single-family residence. The plan must, without limitation:
(1) Establish phases for the removal of nonfunctional turf based on categories of water users; and
(2) Establish deadlines within the service area of the Southern Nevada Water Authority for existing customers to remove nonfunctional turf on any parcel of property that is not [zoned] used exclusively [for] as a single-family residence before December 31, 2026.
3. The [Board of Directors] General Manager or his or her designee may approve an extension or a waiver from:
κ2023 Statutes of Nevada, Page 1285 (CHAPTER 210, AB 220)κ
(a) The prohibition set forth in subsection 1; and
(b) The provisions of the plan developed pursuant to subsection 2.
4. The provisions of this section do not prohibit a person from:
(a) Complying with any requirement adopted by the governing body of a county or city pursuant to chapter 278 of NRS to maintain open space or drought tolerant landscaping on any property that is not [zoned] used exclusively [for] as a single family residence; or
(b) Using alternative sources of water to irrigate nonfunctional turf on and after January 1, 2027, on any property that is not [zoned] used exclusively [for] as a single-family residence.
Sec. 32. Section 13 of the Southern Nevada Water Authority Act, being chapter 572, Statutes of Nevada 1997, as amended by chapter 468, Statutes of Nevada 1999, at page 2387, is hereby amended to read as follows:
Sec. 13. 1. The Southern Nevada Water Authority may establish and collect each calendar year a fee to be assessed on users of groundwater in the Basin. Money raised from the fees must be used as provided in section 14 of this act.
2. Except as otherwise provided in this section:
(a) Users of groundwater, other than owners of domestic wells, may be assessed a fee each calendar year of not more than $13 per acre-foot, or its equivalent, of groundwater in the Basin to which they have a water right in that year.
(b) Owners of domestic wells may be assessed a flat fee each calendar year of not more than $13.
3. Except as otherwise provided in subsections 4 and 5, if the Southern Nevada Water Authority operates a project for the recharge and recovery or underground storage and recovery of water or a program for the conversion of properties served by a septic system pursuant to section 14.5 of this act:
(a) Users of groundwater, other than owners of domestic wells, may be assessed a fee each calendar year of not more than $30 per acre-foot, or its equivalent, of groundwater in the Basin to which they have a water right in that year.
(b) Owners of domestic wells may be assessed a flat fee each calendar year of not more than $30.
4. The maximum fees specified in subsections 2 and 3 may be adjusted not more than once each year for inflation. The maximum amount of the adjustment must be determined by multiplying the respective amounts of the fees by the percentage of inflation, if any. The Consumer Price Index published by the United States Department of Labor for July preceding the year for which the adjustment is made must be used in determining the percentage of inflation.
5. The maximum fees may be increased by an amount that is greater than the amount of the adjustment for inflation as calculated pursuant to subsection 4 only if the increase is approved by the Legislature.
6. As used in this section, water right means the legal right to use water that has been appropriated pursuant to chapters 533 and 534 of NRS by means of application, permit, certificate, decree or claim of vested right.
κ2023 Statutes of Nevada, Page 1286 (CHAPTER 210, AB 220)κ
Sec. 33. Section 14.5 of the Southern Nevada Water Authority Act, being chapter 572, Statutes of Nevada 1997, as added by section 1 of chapter 468, Statutes of Nevada 1999, at page 2387, is hereby amended to read as follows:
Sec. 14.5. 1. The Southern Nevada Water Authority may, in consultation with the Advisory Committee, operate [a] :
(a) A project for the recharge and recovery or underground storage and recovery of water pursuant to chapter 534 of NRS for the benefit of owners of wells in the Basin [.] ; and
(b) A program for the conversion of properties served by a septic system to a municipal sewer system.
2. As used in this section, septic system means a well that is used to place sanitary waste below the surface of the ground, which is typically composed of a septic tank and a subsurface fluid distribution system or disposal system.
Sec. 34. The Southern Nevada Water System Act of 1995, being chapter 393, Statutes of Nevada 1995, at page 963, is hereby amended by adding thereto a new section to be designated as section 2.5, immediately following section 2, to read as follows:
Sec. 2.5. 1. The Board of Directors of the Southern Nevada Water Authority may, by resolution, authorize the General Manager to restrict the use of water:
(a) During any period in which the Federal Government has declared a water shortage in the Colorado River;
(b) If emergency conditions exist; or
(c) If the delivery system is unable to provide adequate volumes of water.
2. Any restrictions imposed by the General Manager pursuant to subsection 1 must be ratified by the Board of Directors of the Southern Nevada Water Authority not more than 15 calendar days after the date the restrictions are imposed.
3. The provisions of this section shall not be construed to authorize the Board of Directors to restrict the use of any water rights held by the United States Department of Defense.
Sec. 34.5. On or before December 31, 2024, a district board of health that creates a voluntary financial assistance program pursuant to section 1 of this act shall submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Natural Resources and the 83rd Session of the Legislature which sets forth the number of property owners that are participating in the voluntary financial assistance program and any recommendations for legislation.
Sec. 35. (Deleted by amendment.)
Sec. 36. This act becomes effective upon passage and approval.
________