[Rev. 3/13/2024 9:51:50 AM]
κ2023 Statutes of Nevada, Page 3533 (CHAPTER 528, SB 439)κ
EMERGENCY REQUEST of Senate Majority Leader
Senate Bill No. 505Senator Cannizzaro
CHAPTER 529
[Approved: June 15, 2023]
AN ACT making an appropriation to the Office of Energy in the Office of the Governor for a program to reduce energy use by and emissions resulting from certain activities of state agencies; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between brackets
[omitted
material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Office of Energy in the Office of the Governor the sum of $11,000,000 to establish a program to:
(a) Track the use of energy by state agencies that operate fleets of motor vehicles and recommend changes in the operations of the vehicles in those fleets to conserve energy and reduce costs. The program must include, without limitation, tracking the usage of natural gas and motor vehicle fuel by state agencies at the most specific level of data available from utility providers and state agencies. Whenever feasible, the program must include hourly accounting of emissions produced by electric vehicles using dynamic emission factors or other emission factors approved in the greenhouse accounting standards supplied by the Greenhouse Gas Protocol or its successor organization.
(b) Conduct audits of buildings owned by the State to provide recommendations for reducing greenhouse gas emissions in the most efficient manner possible using standards and guidelines established by the American Society of Heating, Refrigerating and Air-Conditioning Engineers or its successor organization.
(c) Acquire the analytic tools and services necessary to:
(1) Track the electrical energy in near real time that is produced from resources that generate no carbon emissions consumed by state agencies on an hourly basis;
(2) Perform advanced analyses of the carbon intensity of emissions from buildings owned by the State;
κ2023 Statutes of Nevada, Page 3534 (CHAPTER 529, SB 505)κ
(3) Analyze and compare the effects of alternative plans using automated insights that will reduce the States greenhouse gas emissions to as close to zero as possible and provide interventions that would reduce State costs; and
(4) Apply the observations made from the collection and analysis of data pursuant to subparagraphs (1), (2) and (3) to the Budget Division of the Office of Finance in the Office of the Governor for budgetary planning of long-term needs.
(d) Develop an Internet website portal for notifying the public of the information collected pursuant to this section and the efforts state agencies have taken to conserve energy based on that information.
(e) Establish protocols and develop technological processes for automating the upload, management and storage of the information collected pursuant to this section.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
Sec. 2. This act becomes effective upon passage and approval.
________
κ2023 Statutes of Nevada, Page 3535κ
Senate Bill No. 231Senators Cannizzaro, Dondero Loop, Lange, D. Harris, Daly; Donate, Flores, Neal, Nguyen, Ohrenschall, Pazina, Scheible and Spearman
Joint Sponsors: Assemblymen Yeager, Jauregui, Monroe-Moreno, Marzola, C.H. Miller; Anderson, Backus, Bilbray-Axelrod, Cohen, Considine, DSilva, Duran, Gonzαlez, Gorelow, Mosca, Newby, Nguyen, Orentlicher, Peters, Taylor, Thomas, Torres and Watts
CHAPTER 530
[Approved: June 15, 2023]
AN ACT making an appropriation to the Interim Finance Committee for allocation to school districts that budget salary increases for certain employees; making an appropriation to the Department of Education for certain personnel costs; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee the sum of $250,000,000 for allocation to school districts for the support of public schools.
2. Money appropriated by subsection 1 may only be allocated to a school district upon the determination of the Interim Finance Committee that:
(a) Sufficient documentation has been submitted to demonstrate that:
(1) The school district has budgeted for Fiscal Years 2023-2024 and 2024-2025 an increase to the salary of teachers and education support professionals employed by the school district from sources other than the appropriation made by subsection 1, which is in addition to any increase in salary for teachers or education support professionals which was planned or bargained for before the effective date of this act; and
(2) The increase in salary budgeted pursuant to subparagraph (1) does not replace or supplant any other form of compensation which was provided to teachers or education support professionals of the school district before Fiscal Year 2023-2024 or which was bargained for or planned for Fiscal Year 2023-2024 or any succeeding fiscal year before the effective date of this act.
(b) The school district has submitted to the Committee a statement of the amount and percentage of the budgeted increase in salary for teachers and education support professionals described in subparagraph (1) of paragraph (a) and the total cost to the school district to provide the budgeted increase in salary.
κ2023 Statutes of Nevada, Page 3536 (CHAPTER 530, SB 231)κ
(c) The superintendent of the school district has submitted to the Committee a signed statement certifying that, to the best of his or her knowledge or belief, the information submitted pursuant to paragraph (b) is accurate and that the school district will provide the budgeted salary increases set forth therein.
3. The money allocated to a school district pursuant to subsection 2 must not exceed the lesser of:
(a) The total amount of the budgeted increase to salaries for teachers and education support professionals of the school district for Fiscal Years 2023-2024 and 2024-2025 from sources other than the appropriation made by subsection 1, not including any increase in salary which was planned or bargained for before the effective date of this act; or
(b) An amount which is equal to $250,000,000 multiplied by a percentage which is the number of teachers and education support professionals employed by the school district on July 1, 2023, expressed as a percentage of the total number of teachers and education support professionals employed in all of the school districts in this State on July 1, 2023.
4. On or before August 1, 2023, each school district in this State shall report to the Department of Education the number of teachers and education support professionals employed by the school district on July 1, 2023. The Department of Education shall compile this information and submit it to the Interim Finance Committee not later than August 15, 2023.
5. The money appropriated by subsection 1 must be used to supplement and not supplant or cause to be reduced any other source of funding for the support of public schools or for the salary and compensation of teachers or education support professionals employed by any public school.
6. On or before August 1, 2024, and August 1, 2025, each school district in this State that is allocated money pursuant to subsection 2 during Fiscal Year 2023-2024 and Fiscal Year 2024-2025, respectively, shall submit a report to the Interim Finance Committee which includes, without limitation:
(a) Detailed information on how all money allocated pursuant to subsection 2 was spent by the school district;
(b) The actual increase to the salary of teachers and education support professionals employed by the school district during the immediately preceding fiscal year and the amount of such an increase for which money allocated pursuant to subsection 2 was spent; and
(c) Any other information relating to the use by the school district of the money allocated pursuant to subsection 2, or the operations of the school district to provide appropriate context for such use, which is requested by the Interim Finance Committee.
7. 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.
κ2023 Statutes of Nevada, Page 3537 (CHAPTER 530, SB 231)κ
8. As used in this section:
(a) Administrator has the meaning ascribed to it in NRS 385A.430.
(b) Education support professional means a person, other than a teacher or administrator, who is employed to work at a public school, including, without limitation:
(1) Paraprofessionals;
(2) School police officers, school resource officers and other providers of security services at a school;
(3) School nurses;
(4) School counselors;
(5) School psychologists;
(6) School social workers;
(7) Drivers of school buses;
(8) Secretaries;
(9) Members of the custodial or maintenance staff; and
(10) Workers in food services.
(c) Teacher has the meaning ascribed to it in NRS 385A.430.
Sec. 1.5. 1. There is hereby appropriated from the State General Fund to the Department of Education the sum of $41,694 for personnel costs to carry out the provisions of section 1 of this act.
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, and 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. 2. 1. This section and section 1 of this act become effective upon passage and approval.
2. Section 1.5 of this act becomes effective on July 1, 2023.
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κ2023 Statutes of Nevada, Page 3538κ
Senate Bill No. 450Senators Neal, Flores, Donate; Hansen and Spearman
CHAPTER 531
[Approved: June 16, 2023]
AN ACT relating to housing; establishing a program for the relocation of persons residing in single-family residences in the Windsor Park neighborhood of the City of North Las Vegas; making an appropriation; requiring quarterly reports to the Interim Finance Committee; and providing other matters properly relating thereto.
Legislative Counsels Digest:
This bill enacts the Windsor Park Environmental Justice Act, which establishes a program for the relocation of persons residing in the Windsor Park neighborhood of the City of North Las Vegas whose residences have been damaged by the sinking of the ground beneath the residences. Section 2 of this bill sets forth a legislative declaration that is necessary to enact a law of local and special application to provide the residents of Windsor Park a solution to the unique problems of the neighborhood. Sections 3-8 of this bill define relevant terms for the Act. Section 8 defines the area that constitutes the Windsor Park neighborhood.
Section 9 of this bill requires the Housing Division of the Department of Business and Industry to establish and administer a program by which the owner of a single-family residence in the Windsor Park neighborhood who owns the residence on July 1, 2023, may exchange the residence in the Windsor Park neighborhood for a new residence constructed in accordance with provisions of section 9. Under section 9, the Housing Division is required to select a governmental entity, a nonprofit corporation or any other entity engaged in the development of affordable housing to develop single-family residences on vacant land adjacent to the Windsor Park neighborhood. The entity selected by the Housing Division is required to contract with qualified professionals for a study of vacant land adjacent to the Windsor Park neighborhood that could be acquired to determine whether such land will subside, acquire vacant land adjacent to the Windsor Park neighborhood if the study finds such land will not subside and enter into contracts for the development and construction of single-family residences on that land. The contracts for such development and construction must include a preference for businesses owned by a person who resides or formerly resided in the Windsor Park neighborhood. Section 9 further requires the entity selected by the Housing Division, the City of North Las Vegas and the Housing Division to enter into an agreement for the financing of the acquisition of land and the development and construction of the residences. Upon the issuance of certificates of occupancy for these residences, section 9 authorizes the owner of a single-family residence in the Windsor Park neighborhood who owns such a residence on July 1, 2023, to exchange that residence for a residence with at least an equal amount of square footage that is constructed pursuant to this bill. Finally, section 9: (1) authorizes the exchange of a residence encumbered by a mortgage or deed of trust if the mortgage or deed of trust is paid off and requires the Housing Division to provide assistance in arranging for financing to pay off such a mortgage or deed of trust; and (2) requires a lease of an exchanged residence to transfer to the acquired residence. Section 9.3 of this bill requires the Housing Division to establish a program to pay: (1) moving expenses for persons who move from the Windsor Park neighborhood to a single-family residence acquired pursuant to section 9; (2) restitution for certain residents of the Windsor Park neighborhood; and (3) the cost of rehabilitating certain single-family residences. Section 9.7 of this bill makes it unlawful, with certain exceptions, to sell or list for sale a residence in the Windsor Park neighborhood.
κ2023 Statutes of Nevada, Page 3539 (CHAPTER 531, SB 450)κ
Section 10.5 of this bill requires the Chief of the Budget Division of the Office of Finance in the Office of the Governor to disburse $25,000,000 from the money received from the Coronavirus State and Local Fiscal Recovery Funds by the State of Nevada to the Housing Division for the purposes set forth in this bill. Section 11 of this bill appropriates $12,000,000 from the State General Fund to the Housing Division for the purposes set forth in this bill, and section 11.5 of this bill requires the State Treasurer to withhold certain monthly tax distributions from the City of North Las Vegas until such withheld amounts equal $12,000,000.
Section 11.7 of this bill requires the Housing Division to submit a quarterly report to the Interim Finance Committee concerning the progress of the Housing Division in carrying out the provisions of 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. This act may be cited as the Windsor Park Environmental Justice Act.
Sec. 2. The Legislature hereby finds and declares:
1. Windsor Park is a single-family residential development in North Las Vegas built between 1964 and 1966 for Black families, to allow them to own their own homes and build wealth that could be passed to future generations.
2. Windsor Park was built over geological faults, and the withdrawal of groundwater from the aquifer beneath Windsor Park, in combination with the faults, caused the ground beneath Windsor Park to sink.
3. This sinking, or subsidence, damaged homes, roads, water and gas lines, and many homes in Windsor Park became uninhabitable and had to be demolished.
4. Beginning in the late 1980s and early 1990s, the Federal Government, the State of Nevada and the City of North Las Vegas provided approximately $14 million to help residents of Windsor Park, which was used by the City to:
(a) Move and rehabilitate four homes;
(b) Build and relocate residents to 45 new homes; and
(c) Offer grants of $50,000 or $100,000 to residents to move to another home in North Las Vegas.
5. Under the above programs, 90 Windsor Park residents were unable to find another suitable home or move to a suitable, rehabilitated home.
6. The Windsor Park residents who could not move remain residents of Windsor Park in homes that have experienced significant damage because of ground subsidence, and these residents need a new solution to obtain new homes.
7. Because of the ground subsidence and damage unique to the Windsor Park neighborhood, it is necessary to enact a law of local and special application to provide the residents of Windsor Park a solution to this unique problem, which is found nowhere else in this State.
8. Given that a law of local and special application is necessary to accomplish the purposes of this act and given that such a law is necessary to
κ2023 Statutes of Nevada, Page 3540 (CHAPTER 531, SB 450)κ
benefit the residents of that local and special area known as Windsor Park, a general law cannot be made applicable to the purposes, objects, powers, rights, privileges, immunities, liabilities, duties and disabilities set forth in this act.
Sec. 3. As used in sections 1 to 9.7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 8, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 4. City means the City of North Las Vegas.
Sec. 5. (Deleted by amendment.)
Sec. 6. Housing Division means the Housing Division of the Department of Business and Industry.
Sec. 7. Single-family residence means a parcel or other unit of real property or unit of personal property which is:
1. Intended or designed to be occupied by one family with facilities for living, sleeping, cooking and eating; and
2. Occupied by the owner of the parcel or other unit of real property or, if the parcel or other unit of real property is owned by a trust, occupied by the trustee or a member of his or her immediate family.
Sec. 8. Windsor Park neighborhood means the area of the City lying north of West Cartier Street, west of Clayton Street, east of Chamberlain Lane, and south of West Evans Avenue.
Sec. 9. 1. The Housing Division shall establish and administer a program pursuant to which the owner of a single-family residence in the Windsor Park neighborhood who owns that residence on July 1, 2023, may exchange that single-family residence for another single-family residence constructed in accordance with this section.
2. The Housing Division shall apply for any available grants of money from the Federal Government to carry out the provisions of sections 1 to 9.7, inclusive, of this act and shall select a governmental agency, nonprofit corporation or other entity engaged in the development of affordable housing to develop single-family residences on vacant land adjacent to the Windsor Park neighborhood. The governmental agency, nonprofit corporation or other entity selected by the Housing Division pursuant to this subsection shall, in accordance with a financing agreement entered into pursuant to subsection 5, contract with qualified professionals for a study of vacant land adjacent to the Windsor Park neighborhood that could be acquired to ensure that such land will not subside, acquire vacant land adjacent to the Windsor Park neighborhood if the study finds that such land will not subside and enter into contracts to develop and construct single-family residences on that land. In awarding such contracts, a preference with a relative weight of 5 percent must be assigned to an applicant that is a business in which at least 50 percent of the interest is owned by a resident or former resident of the Windsor Park neighborhood. Any restriction on the price which the Housing Division may pay to acquire a parcel of real property does not apply to an acquisition pursuant to this section.
3. The number of single-family residences constructed pursuant to this section must be sufficient in number to enable each household residing in a single-family residence in the Windsor Park neighborhood on July 1, 2023, to obtain such a single-family residence, and the single-family residences
κ2023 Statutes of Nevada, Page 3541 (CHAPTER 531, SB 450)κ
constructed pursuant to this section must enable a household residing in a single-family residence in the Windsor Park neighborhood on July 1, 2023, to obtain a single-family residence with the same amount of square footage as the residence in the Windsor Park neighborhood.
4. The City shall grant the employees and representatives of the governmental entity, nonprofit corporation or other entity selected by the Housing Division, and the Housing Division, access to any right-of-way owned or controlled by the City and access to any lots owned by the City within the Windsor Park neighborhood when such access is necessary to carry out the provisions of this section, and the City shall not unreasonably withhold such access.
5. The governmental entity, nonprofit corporation or other entity selected by the Housing Division pursuant to subsection 2, the City and the Housing Division shall enter into an agreement to finance the development and construction of single-family residences pursuant to this section. The agreement must require:
(a) The use of money appropriated or authorized by the Legislature to the Housing Division for the purposes set forth in this section.
(b) Any other money from any public or private source, including, without limitation, any gift, grant, appropriation or contribution, available to be used for the purposes set forth in this section.
6. Upon the issuance of a certificate of occupancy for each single-family residence constructed pursuant to this section, the owner of a single-family residence in the Windsor Park neighborhood who owns that residence on July 1, 2023, may exchange that single-family residence for a single-family residence which was constructed pursuant to this section and which has at least the same amount of square footage as the residence being exchanged. If the single-family residence being exchanged is:
(a) Encumbered by a mortgage or deed of trust, the single-family residence may not be exchanged unless the existing mortgage or deed of trust is paid in full. The Housing Division shall provide assistance to arrange any financing necessary to pay off the existing mortgage or deed of trust, including, without limitation, any down payment assistance available under any program administered by the Housing Division.
(b) Leased to a tenant occupying the single-family residence under a lease agreement, the lease agreement remains in effect with the same terms and conditions.
Κ Any single-family residence acquired pursuant to this subsection may not be sold for a period of 5 years after the single-family residence is acquired, except that such a single-family residence may be transferred in a transaction that is exempt from the taxes imposed by chapter 375 of NRS pursuant to NRS 375.090.
7. The power, sewer and other connection fees imposed by the City on a single-family residence in the Windsor Park neighborhood must be transferred to a single-family residence acquired pursuant to this section as the power, sewer and the connections fees to be imposed on that single-family residence.
8. Any property in the Windsor Park neighborhood that is exchanged pursuant to this section must be used only for the purposes of a public park to memorialize the past and present residents of the Windsor Park neighborhood.
κ2023 Statutes of Nevada, Page 3542 (CHAPTER 531, SB 450)κ
Sec. 9.3. 1. The Housing Division shall establish a program to pay:
(a) The moving expenses of and restitution to the owners of single-family residences in the Windsor Park neighborhood in the manner set forth in this section.
(b) The cost of the rehabilitation of the homes constructed with money received by the City from Community Development Block Grants for the purpose of rehabilitating homes in the Windsor Park neighborhood.
2. The City shall transfer to the Housing Division:
(a) Any remaining proceeds of general obligation bonds issued by the City and purchased by the Federal National Mortgage Association for the purpose of relocating residents of the Windsor Park neighborhood.
(b) Any money remaining from Community Development Block Grants awarded to the City for the purpose of relocating residents in the Windsor Park neighborhood.
(c) Any money remaining from Community Development Block Grants awarded to the City for the purpose of constructing residences for the residents of the Windsor Park neighborhood.
Κ Any money received pursuant to this subsection must be accounted for separately and may be used only to carry out the provisions of this section.
3. From amounts transferred to the Housing Division pursuant to paragraphs (a) and (b) of subsection 2, the Housing Division shall:
(a) Pay restitution in the amount of $50,000 to the owner of a single-family residence in the Windsor Park neighborhood who resides in the neighborhood on July 1, 2023, and who was the initial occupant of that single-family residence, or to the descendants of that owner who inherited the single-family residence from the initial occupant and who reside in the single-family residence on July 1, 2023.
(b) Pay restitution in the amount of $10,000 to the person who was the initial occupant of a single-family residence in the Windsor Park neighborhood, or to the descendants of that person who inherited the single-family residence from the initial occupant.
(c) Pay the actual moving expenses of a person who acquires a single-family residence pursuant to section 9 of this act and who moves from the Windsor Park neighborhood to that acquired single-family residence.
4. From the amount transferred to the Housing Division pursuant to paragraph (c) of subsection 2, the Housing Division shall pay, in an amount not to exceed $10,000 per single-family residence, the cost of rehabilitating a single-family residence constructed for a resident of the Windsor Park neighborhood using money received by the City from a Community Development Block Grant. The governmental entity, nonprofit corporation or other entity selected by the Housing Division pursuant to subsection 2 of section 9 of this act shall inspect the single-family residence to determine whether or not the rehabilitation has been satisfactorily completed.
5. To the extent that money transferred to the Housing Division pursuant to subsection 2 is insufficient to make the entire amount of the payments required by subsection 3 or 4, the Housing Division shall reduce such payments on a pro rata basis.
Sec. 9.7. It is unlawful to sell or list for sale any real property intended for occupancy as a residence within the Windsor Park neighborhood.
κ2023 Statutes of Nevada, Page 3543 (CHAPTER 531, SB 450)κ
Sec. 10. 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. 10.5. The Chief of the Budget Division of the Office of Finance created by NRS 223.400 shall disburse from the money received from the Coronavirus State and Local Fiscal Recovery Funds by the State of Nevada the amount of $25,000,000 to the Housing Division of the Department of Business and Industry for the purposes set forth in sections 1 to 9.7, inclusive, of this act.
Sec. 11. 1. There is hereby appropriated from the State General Fund to the Housing Division of the Department of Business and Industry the sum of $12,000,000 for the purposes set forth in sections 1 to 9.7, inclusive, of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
Sec. 11.5. The State Treasurer shall withhold the amount of $250,000 per month from the payment made to the City from the Local Government Tax Distribution Account pursuant to NRS 360.690 for each month beginning on July 1, 2023, and ending in the month that the total amount withheld from the City pursuant to this section equals $12,000,000. The money withheld pursuant to this section must be transferred to the State General Fund.
Sec. 11.7. The Housing Division of the Department of Business and Industry shall, on a quarterly basis, submit a report to the Interim Finance Committee concerning the progress of the Housing Division in carrying out the provisions of this act.
Sec. 12. 1. This section and section 9.7 of this act become effective upon passage and approval.
2. Sections 1 to 9.3, inclusive, and 10 to 11.7, inclusive, of this act become effective on July 1, 2023.
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κ2023 Statutes of Nevada, Page 3544κ
Senate Bill No. 431Committee on Government Affairs
CHAPTER 532
[Approved: June 16, 2023]
AN ACT relating to governmental administration; revising the duties of the Chief Information Officer; providing for the appointment and prescribing the duties of a Chief Innovation Officer; creating the Office of Nevada Boards, Commissions and Councils Standards within the Department of Business and Industry and prescribing the duties and responsibilities of the Office with respect to professional and occupational licensing boards; prohibiting, with certain exception, an appointing authority from executing any contract for employment with any state employee; requiring the Administrator of the Division of Human Resource Management of the Department of Administration to develop certain audit functions and centralized systems relating to the Human Resources System of the State; renaming the Personnel System, the Personnel Commission and the Personnel Operating Fund; revising provisions relating to classified positions; revising provisions governing the approval of work programs and allotments; revising provisions relating to the approval and acceptance of grants by state agencies; transferring the duties of the Division of Enterprise Information Technology Services of the Department of Administration and the Administrator of the Division to the Office of the Chief Information Officer and the Chief of the Office of the Chief Information Officer; transferring money from the State General Fund to the Account to Stabilize the Operation of the State Government; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Governor, within the limits of available money, to employ such staff for the Office of the Governor as he or she deems necessary. (NRS 223.085) Section 8 of this bill provides that the staff and employees of the Office of the Governor include: (1) executive staff; (2) administrative and clerical staff; (3) outreach and communications staff; (4) research and analytical staff; and (5) any other persons the Governor determines are necessary to effectively fulfill the duties, responsibilities and obligations of the Office of the Governor. Section 8 also: (1) revises the duties of the Chief Information Officer, who is appointed by the Governor; and (2) provides for the appointment by the Governor of a Chief Innovation Officer and prescribes his or her duties. Section 141.5 of this bill makes an appropriation to the Governor for salaries for the staff and employees of the Office of the Governor.
Existing law creates the Office of Economic Development within the Office of the Governor, consisting of the Division of Economic Development and the Nevada Film Office. (NRS 231.043)
Existing law sets forth various Departments of this State. (Chapter 232 of NRS) Section 19 of this bill creates the Office of Nevada Boards, Commissions and Councils Standards in the Department of Business and Industry. Section 20 of this bill prescribes the duties and responsibilities of the Office with respect to regulatory bodies and other entities. Section 19 requires the Director of the Department to appoint a Deputy Director of the Office.
κ2023 Statutes of Nevada, Page 3545 (CHAPTER 532, SB 431)κ
Existing law creates the Division of Enterprise Information Technology Services and requires the Director of the Department of Administration to appoint an Administrator of the Division. (NRS 242.080, 242.090) Sections 59, 60 and 146 of this bill eliminate the Division and the Administrator and sections 56-64 of this bill transfer the powers and duties of the Division to the Office of the Chief Information Officer within the Office of the Governor and the powers and duties of the Administrator to the Chief Information Officer. Sections 23-27 of this bill make conforming changes.
Existing law creates the Personnel Commission within the Division of Human Resource Management of the Department of Administration, which has various powers and duties relating to the Personnel System. (NRS 284.030-284.065) Sections 70 and 71 of this bill amend the name of the System and Commission to be the Human Resources System and Human Resources Commission. Sections 68, 69, 72-74, 76, 77 and 83 of this bill make conforming changes to replace the term personnel with human resources throughout the provisions of the Nevada Revised Statutes relating to the System. Sections 75 and 76 of this bill rename the Personnel Operating Fund to be the Human Resources Operating Fund. (NRS 284.110)
Section 66 of this bill provides that the provisions of the Nevada Revised Statutes and the regulations adopted pursuant thereto relating to the System do not create or confer upon any state employee a contractual right to employment.
Section 67 of this bill requires the Administrator to develop and implement: (1) an audit function to review each appointing authoritys processes and compliance with applicable policies, procedures and provisions of law relating to human resources; (2) a centralized job announcement system that streamlines employment recruiting for all appointing authorities; and (3) a centralized employment system that includes, without limitation, a platform that all applicants may use to apply for state employment.
Existing law provides that the classified service of the State is comprised of all positions in the public service now existing or hereafter created which are, in relevant part, filled according to merit and fitness from eligible lists prepared upon the basis of examination, which must, with certain exceptions, be open and competitive. (NRS 284.150) Existing law further: (1) requires the Personnel Commission to adopt regulations for open competitive examinations to test the relative fitness of applicants for classified positions; and (2) sets forth certain requirements for competitive examinations and preparing lists of eligible persons for positions in the classified service. (NRS 284.205-284.260) Sections 79 and 91 of this bill provide instead that positions in the classified service are, with certain exceptions, filled from the eligible pool of persons prepared upon the basis of the evaluation of persons by an appointing authority. Sections 84-100, 102, 103 and 146 eliminate existing provisions relating to competitive examination and the preparation of eligible lists of persons for positions in the classified service.
Existing law provides that appointments in the unclassified service of the State may be made from appropriate registers of persons maintained by the Division without affecting the continuance of names on the list. (NRS 284.145) Section 78 of this bill provides instead that such appointments may be made from appropriate pools of eligible persons maintained by the Division.
Section 84 of this bill requires each appointing authority to comply with the regulations of the Commission relating to the recruitment and evaluation of applicants to establish pools of eligible persons and fill positions in the classified service.
Section 85 of this bill requires each appointing authority to recruit, evaluate, select, manage and promote employees through open competition on the basis of knowledge, skills and ability and without regard to an applicants or employees religious or political opinions or affiliations, race, sex, sexual orientation, gender identity or expression, age or disability.
Existing law sets forth certain duties and responsibilities of the Administrator of the Division of Human Resource Management of the Department of Administration in, and certain requirements for, examining and certifying applicants and filling positions in the classified service. (NRS 284.240, 284.245, 284.253-284.265, 284.295, 284.305, 284.309, 284.310) Sections 86-98 of this bill provide instead that each appointing authority has duties and responsibilities relating to evaluating applicants and filling positions in the classified service.
κ2023 Statutes of Nevada, Page 3546 (CHAPTER 532, SB 431)κ
Existing law requires the Administrator to prepare, maintain and revise a classification plan for all positions in the classified service and allocate the position of every employee in the classified service to one of the positions in the plan. (NRS 284.160, 284.165) Section 80 of this bill provides instead that the Administrator shall prepare, maintain and revise a master classification plan and that the Administrator shall review annually the classification plan of each appointing authority.
Under the State Budget Act, a department, institution or agency of the Executive Department of State Government is required to obtain approval from the Interim Finance Committee, except in certain limited circumstances, before revising a work program in an amount more than $30,000 if the revision will increase or decrease by 10 percent or $75,000, whichever is less, the expenditure level approved by the Legislature for any of the allotments within the work program. (NRS 353.220) Section 110 of this bill increases the monetary threshold to an amount of more than $75,000 if the revision will increase by 20 percent or $350,000, whichever is less, the expenditure level approved by the Legislature for any of the allotments within the work program.
Under existing law, the Account to Stabilize the Operation of the State Government, also known as the Rainy Day Fund, is an account created in the State General Fund into which surplus state revenues are deposited to be used in case of fiscal emergencies. The balance in the Account to Stabilize the Operation of the State Government must not exceed 20 percent of the total of all appropriations from the State General Fund for the operation of all departments, institutions and agencies of the State Government and for the funding of schools and authorized expenditures from the State General Fund for the regulation of gaming for the fiscal year in which the revenue will be transferred to the Account. (NRS 353.288) Section 113 of this bill revises this limitation so that the balance must not exceed 26 percent of the total of all appropriations from the State General Fund for the operation of all departments, institutions and agencies of the State Government and for the funding of schools and authorized expenditures from the State General Fund for the regulation of gaming for the fiscal year in which the revenue will be transferred to the Account.
Section 141.7 requires the State Controller to transfer a certain amount of money from the State General Fund to the Account to Stabilize the Operation of the State Government.
Existing law authorizes a state agency, with certain exceptions, to accept a gift or grant of property or services that is not included in an act of the Legislature authorizing the expenditure of nonappropriated money if the gift or grant is approved by the Governor or the Interim Finance Committee, as applicable. Exceptions from the requirement for such approval are: (1) the acceptance by a state agency of a gift or grant from a private source that does not exceed $20,000 in value; and (2) the acceptancy by a state agency of governmental grants not exceeding $150,000 in value. (NRS 353.335) Section 114 of this bill increases the threshold for both of these exceptions from such approval to $200,000. Section 114 also exempts from any approval a gift or grant to a state agency that will be deposited in a budget account that consists of money which is not appropriated by or authorized for expenditure by the Legislature.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-7. (Deleted by amendment.)
Sec. 8. NRS 223.085 is hereby amended to read as follows:
223.085 1. The Governor may, within the limits of available money, employ such persons as he or she deems necessary to provide an appropriate staff for the Office of the Governor, including, without limitation, the Office of Economic Development, the Office of Federal Assistance, the Office of Science, Innovation and Technology, the Public Health Resource Office and the Governors mansion.
κ2023 Statutes of Nevada, Page 3547 (CHAPTER 532, SB 431)κ
Science, Innovation and Technology, the Public Health Resource Office and the Governors mansion. Except as otherwise provided by specific statute, such employees are not in the classified or unclassified service of the State and, except as otherwise provided in NRS 231.043 and 231.047, serve at the pleasure of the Governor. Such staff and employees include, without limitation:
(a) Executive staff;
(b) Administrative and clerical staff;
(c) Outreach and communications staff;
(d) Research and analytical staff; and
(e) Any other persons the Governor determines are necessary to effectively fulfill the duties, responsibilities and obligations of the Office of the Governor.
2. Except as otherwise provided by specific statute, the Governor shall:
(a) Determine the salaries and benefits of the persons employed pursuant to subsection 1, within limits of money available for that purpose; and
(b) Adopt such rules and policies as he or she deems appropriate to establish the duties and employment rights of the persons employed pursuant to subsection 1.
3. The Governor [may:
(a) Appoint] shall appoint a Chief Information Officer of the State [; or
(b) Designate the Administrator as the Chief Information Officer of the State.
Κ If the Administrator is so appointed, the Administrator shall serve as the Chief Information Officer of the State without additional compensation.
4. As used in this section, Administrator means the Administrator of the Division of Enterprise Information Technology Services of the Department of Administration.] who is responsible for:
(a) Information technology leadership and accountability;
(b) Strategic planning for information technology;
(c) Information technology workforce for the State;
(d) Budgeting and planning for information technology for the State;
(e) Data storage and integrity;
(f) Investment management for information technology;
(g) Information technology security, cyber security and privacy; and
(h) Any other duties or responsibilities prescribed by statute or regulation.
4. The Governor shall appoint a Chief Innovation Officer of the State who is responsible for:
(a) Providing overall leadership and guidance relating to employee acquisition, career development, succession planning, retention, professional development and training, leadership development, compensation and benefits;
(b) Developing human resource plans and strategies prospectively by at least 10 years;
(c) Reviewing and monitoring the efficiency of the State Government and providing recommendations on how to reduce costs, improve the delivery of services and ensure the cost-effectiveness of all state governmental programs;
(d) Evaluating, overseeing and administering the competitiveness, appropriateness and effectiveness of the wages, salaries, benefits and work environment of public employees;
κ2023 Statutes of Nevada, Page 3548 (CHAPTER 532, SB 431)κ
(e) Evaluating, overseeing and administering the training and readiness programs for public employees; and
(f) Developing comprehensive and strategic recruitment and retention plans to the meet the human resource needs of the State.
Secs. 9-17. (Deleted by amendment.)
Sec. 18. Chapter 232 of NRS is hereby amended by adding thereto the provisions set forth as sections 19 to 22, inclusive, of this act.
Sec. 19. 1. The Office of Nevada Boards, Commissions and Councils Standards is hereby created within the Department of Business and Industry.
2. The Director shall appoint a Deputy Director of the Office and shall retain the required staff and adopt the necessary regulations and procedures to effectively administer the responsibilities of the Office.
Sec. 20. 1. The Office of Nevada Boards, Commissions and Councils Standards shall be responsible for:
(a) Centralized administration;
(b) A uniform set of standards for investigations, licensing and discipline, including, without limitation, separating the roles and responsibilities for occupational licensure from the roles and responsibilities for occupational discipline;
(c) A uniform set of standards for internal controls;
(d) A uniform set of standards for legal representation;
(e) A consistent set of structural standards for boards and commissions;
(f) Transparency and consumer protection; and
(g) Efficacy and efficiency.
2. To the extent permitted by the Nevada Constitution and federal law, all professional and occupational licensing boards created by the Legislature shall be under the purview of the Office, including, without limitation:
(a) The Nevada State Board of Accountancy created by NRS 628.035.
(b) The Board of Examiners for Alcohol, Drug and Gambling Counselors created by NRS 641C.150.
(c) The State Board of Architecture, Interior Design and Residential Design created by NRS 623.050.
(d) The Board of Athletic Trainers created by NRS 640B.170.
(e) The State Barbers Health and Sanitation Board created by NRS 643.020.
(f) The Board of Applied Behavior Analysis created by NRS 641D.200.
(g) The Chiropractic Physicians Board of Nevada created by NRS 634.020.
(h) The State Contractors Board created by NRS 624.040.
(i) The Commission on Construction Education created by NRS 624.570.
(j) The State Board of Cosmetology created by NRS 644A.200.
(k) The Certified Court Reporters Board of Nevada created by NRS 656.040.
(l) The Board of Dental Examiners of Nevada created by NRS 631.120.
(m) The Committee on Dental Hygiene and Dental Therapy created by NRS 631.205.
(n) The State Board of Professional Engineers and Land Surveyors created by NRS 625.100.
κ2023 Statutes of Nevada, Page 3549 (CHAPTER 532, SB 431)κ
(o) The Nevada Funeral and Cemetery Services Board created by NRS 642.020.
(p) The Nevada Board of Homeopathic Medical Examiners created pursuant to NRS 630A.100.
(q) The State Board of Landscape Architecture created by NRS 623A.080.
(r) The Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors created by NRS 641A.090.
(s) The Board of Massage Therapy created by NRS 640C.150.
(t) The Board of Medical Examiners created pursuant to NRS 630.050.
(u) The State Board of Nursing created by NRS 632.020.
(v) The Advisory Committee on Nursing Assistants and Medication Aides created by NRS 632.072.
(w) The Board of Occupational Therapy created by NRS 640A.080.
(x) The Board of Dispensing Opticians created by NRS 637.030.
(y) The Nevada State Board of Optometry created by NRS 636.030.
(z) The State Board of Oriental Medicine created by NRS 634A.030.
(aa) The State Board of Osteopathic Medicine created pursuant to NRS 633.181.
(bb) The Commission on Postsecondary Education created by NRS 394.383.
(cc) The State Board of Pharmacy created by NRS 639.020.
(dd) The Nevada Physical Therapy Board created by NRS 640.030.
(ee) The State Board of Podiatry created by NRS 635.020.
(ff) The Private Investigators Licensing Board created by NRS 648.020.
(gg) The Board of Psychological Examiners created by NRS 641.030.
(hh) The Board of Environmental Health Specialists created by NRS 625A.030.
(ii) The Board of Examiners for Social Workers created pursuant to NRS 641B.100.
(jj) The Speech-Language Pathology, Audiology and Hearing Aid Dispensing Board created by NRS 637B.100.
(kk) The Nevada State Board of Veterinary Medical Examiners created by NRS 638.020.
Secs. 21 and 22. (Deleted by amendment.)
Sec. 23. NRS 232.213 is hereby amended to read as follows:
232.213 1. The Department of Administration is hereby created.
2. The Department consists of a Director and the following:
(a) Risk Management Division.
(b) Hearings Division, which consists of hearing officers, compensation officers and appeals officers.
(c) State Public Works Division.
(d) Purchasing Division.
(e) Administrative Services Division.
(f) Division of Human Resource Management.
(g) [Division of Enterprise Information Technology Services.
(h)] Division of State Library, Archives and Public Records.
[(i)] (h) Fleet Services Division.
[(j)] (i) Public Employees Deferred Compensation Program.
[(k)] (j) Mail Services Division.
κ2023 Statutes of Nevada, Page 3550 (CHAPTER 532, SB 431)κ
Sec. 24. NRS 232.215 is hereby amended to read as follows:
232.215 The Director:
1. Shall appoint an Administrator of the:
(a) Risk Management Division;
(b) State Public Works Division;
(c) Purchasing Division;
(d) Administrative Services Division;
(e) Division of Human Resource Management;
(f) [Division of Enterprise Information Technology Services;
(g)] Division of State Library, Archives and Public Records;
[(h)] (g) Fleet Services Division; and
[(i)] (h) Mail Services Division.
2. Shall, with the concurrence of the Governor and the Committee to Administer the Public Employees Deferred Compensation Program, appoint the Executive Officer of the Public Employees Deferred Compensation Program.
3. Shall serve as Chief of the Hearings Division and shall appoint the hearing officers and compensation officers. The Director may designate one of the appeals officers in the Division to supervise the administrative, technical and procedural activities of the Division.
4. Is responsible for the administration, through the divisions of the Department, of the provisions of chapters 233F, 242 and 284 of NRS, NRS 287.250 to 287.370, inclusive, and chapters 331, 333, 336, 338, 341 and 378 of NRS and all other provisions of law relating to the functions of the divisions of the Department.
5. Is responsible for the administration of the laws of this State relating to the negotiation and procurement of medical services and other benefits for state agencies.
6. Has such other powers and duties as are provided by law.
Sec. 25. NRS 232.2165 is hereby amended to read as follows:
232.2165 1. The Administrator of:
(a) The State Public Works Division;
(b) The Purchasing Division;
(c) The Administrative Services Division;
(d) The Division of Human Resource Management;
(e) [The Division of Enterprise Information Technology Services;
(f)] The Division of State Library, Archives and Public Records;
[(g)] (f) The Fleet Services Division; and
[(h)] (g) The Mail Services Division,
Κ of the Department serves at the pleasure of the Director and is in the unclassified service of the State.
2. The Executive Officer of the Public Employees Deferred Compensation Program appointed pursuant to NRS 232.215 is in the unclassified service of the State and serves at the pleasure of the Director, except that he or she may be removed by a majority vote of the Committee to Administer the Public Employees Deferred Compensation Program.
Sec. 26. NRS 232.217 is hereby amended to read as follows:
232.217 Unless federal law or regulation otherwise requires, the Administrator of the:
1. State Public Works Division;
2. Purchasing Division;
3. Division of Human Resource Management;
κ2023 Statutes of Nevada, Page 3551 (CHAPTER 532, SB 431)κ
4. [Division of Enterprise Information Technology Services;
5.] Division of State Library, Archives and Public Records; and
[6.] 5. Fleet Services Division,
Κ may appoint a Deputy and a Chief Assistant in the unclassified service of the State, who shall not engage in any other gainful employment or occupation except as otherwise provided in NRS 284.143.
Sec. 27. NRS 232.219 is hereby amended to read as follows:
232.219 1. The Department of Administrations Operating Fund for Administrative Services is hereby created as an internal service fund.
2. The operating budget of each of the following entities must include an amount representing that entitys share of the operating costs of the central accounting function of the Department:
(a) State Public Works Division;
(b) Purchasing Division;
(c) Hearings Division;
(d) Risk Management Division;
(e) Division of Human Resource Management;
(f) [Division of Enterprise Information Technology Services;
(g)] Division of State Library, Archives and Public Records;
[(h)] (g) Fleet Services Division;
[(i)] (h) Public Employees Deferred Compensation Program; and
[(j)] (i) Mail Services Division.
3. All money received for the central accounting services of the Department must be deposited in the State Treasury for credit to the Operating Fund.
4. All expenses of the central accounting function of the Department must be paid from the Fund as other claims against the State are paid.
Sec. 28. NRS 232.505 is hereby amended to read as follows:
232.505 As used in NRS 232.505 to 232.866, inclusive, and sections 19 to 22, inclusive, of this act, unless the context requires otherwise:
1. Department means the Department of Business and Industry.
2. Director means the Director of the Department.
Sec. 29. NRS 232.510 is hereby amended to read as follows:
232.510 1. The Department of Business and Industry is hereby created.
2. The Department consists of a Director and the following:
(a) Consumer Affairs Unit within the Office of the Director.
(b) Division of Financial Institutions.
(c) Housing Division.
(d) Real Estate Division.
(e) Division of Insurance.
(f) Division of Industrial Relations.
(g) Office of Labor Commissioner.
(h) Taxicab Authority.
(i) Office of the Nevada Attorney for Injured Workers.
(j) Nevada Transportation Authority.
(k) Division of Mortgage Lending.
(l) Office of Nevada Boards, Commissions and Councils Standards.
(m) Any other office, commission, board, agency or entity created or placed within the Department pursuant to a specific statute, the budget approved by the Legislature or an executive order, or an entity whose budget or activities have been placed within the control of the Department by a specific statute.
κ2023 Statutes of Nevada, Page 3552 (CHAPTER 532, SB 431)κ
approved by the Legislature or an executive order, or an entity whose budget or activities have been placed within the control of the Department by a specific statute.
Sec. 30. NRS 232.520 is hereby amended to read as follows:
232.520 The Director:
1. Shall appoint a chief or executive director, or both of them, of each of the divisions, offices, commissions, boards, agencies or other entities of the Department, unless the authority to appoint such a chief or executive director, or both of them, is expressly vested in another person, board or commission by a specific statute. In making the appointments, the Director may obtain lists of qualified persons from professional organizations, associations or other groups recognized by the Department, if any. The chief of the Consumer Affairs Unit is the Commissioner of Consumer Affairs, the chief of the Division of Financial Institutions is the Commissioner of Financial Institutions, the chief of the Housing Division is the Administrator of the Housing Division, the chief of the Real Estate Division is the Real Estate Administrator, the chief of the Division of Insurance is the Commissioner of Insurance, the chief of the Division of Industrial Relations is the Administrator of the Division of Industrial Relations, the chief of the Office of Labor Commissioner is the Labor Commissioner, the chief of the Taxicab Authority is the Taxicab Administrator, the chief of the Nevada Transportation Authority is the Chair of the Authority, the chief of the Division of Mortgage Lending is the Commissioner of Mortgage Lending , the chief of the Office of Nevada Boards, Commissions and Councils Standards is the Deputy Director of the Office appointed pursuant to section 19 of this act and the chief of any other entity of the Department has the title specified by the Director, unless a different title is specified by a specific statute.
2. Is responsible for the administration of all provisions of law relating to the jurisdiction, duties and functions of all divisions and other entities within the Department. The Director may, if he or she deems it necessary to carry out his or her administrative responsibilities, be considered as a member of the staff of any division or other entity of the Department for the purpose of budget administration or for carrying out any duty or exercising any power necessary to fulfill the responsibilities of the Director pursuant to this subsection. This subsection does not allow the Director to preempt any authority or jurisdiction granted by statute to any division or other entity within the Department or to act or take on a function that would contravene a rule of court or a statute.
3. May:
(a) Establish uniform policies for the Department, consistent with the policies and statutory responsibilities and duties of the divisions and other entities within the Department, relating to matters concerning budgeting, accounting, planning, program development, personnel, information services, dispute resolution, travel, workplace safety, the acceptance of gifts or donations, the management of records and any other subject for which a uniform departmental policy is necessary to ensure the efficient operation of the Department.
(b) Provide coordination among the divisions and other entities within the Department, in a manner which does not encroach upon their statutory powers and duties, as they adopt and enforce regulations, execute agreements, purchase goods, services or equipment, prepare legislative requests and lease or use office space.
κ2023 Statutes of Nevada, Page 3553 (CHAPTER 532, SB 431)κ
powers and duties, as they adopt and enforce regulations, execute agreements, purchase goods, services or equipment, prepare legislative requests and lease or use office space.
(c) Define the responsibilities of any person designated to carry out the duties of the Director relating to financing, industrial development or business support services.
4. May, within the limits of the financial resources made available to the Director, promote, participate in the operation of, and create or cause to be created, any nonprofit corporation, pursuant to chapter 82 of NRS, which he or she determines is necessary or convenient for the exercise of the powers and duties of the Department. The purposes, powers and operation of the corporation must be consistent with the purposes, powers and duties of the Department.
5. For any bonds which the Director is otherwise authorized to issue, may issue bonds the interest on which is not exempt from federal income tax or excluded from gross revenue for the purposes of federal income tax.
6. May, except as otherwise provided by specific statute, adopt by regulation a schedule of fees and deposits to be charged in connection with the programs administered by the Director pursuant to chapters 348A and 349 of NRS. Except as otherwise provided by specific statute, the amount of any such fee or deposit must not exceed 2 percent of the principal amount of the financing.
7. May designate any person within the Department to perform any of the duties or responsibilities, or exercise any of the authority, of the Director on his or her behalf.
8. May negotiate and execute agreements with public or private entities which are necessary to the exercise of the powers and duties of the Director or the Department.
9. May establish a trust account in the State Treasury for depositing and accounting for money that is held in escrow or is on deposit with the Department for the payment of any direct expenses incurred by the Director in connection with any bond programs administered by the Director. The interest and income earned on money in the trust account, less any amount deducted to pay for applicable charges, must be credited to the trust account. Any balance remaining in the account at the end of a fiscal year may be:
(a) Carried forward to the next fiscal year for use in covering the expense for which it was originally received; or
(b) Returned to any person entitled thereto in accordance with agreements or regulations of the Director relating to those bond programs.
Secs. 31-42. (Deleted by amendment.)
Sec. 43. Chapter 233F of NRS is hereby amended by adding thereto the provisions set forth as sections 44 and 45 of this act.
Sec. 44. Chief means the Chief Information Officer within the Office of the Governor.
Sec. 45. Office means the Office of the Chief Information Officer within the Office of the Governor.
Sec. 46. NRS 233F.010 is hereby amended to read as follows:
233F.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [233F.015] 233F.020 to 233F.065, inclusive, and sections 44 and 45 of this act, have the meanings ascribed to them in those sections.
κ2023 Statutes of Nevada, Page 3554 (CHAPTER 532, SB 431)κ
Sec. 47. NRS 233F.110 is hereby amended to read as follows:
233F.110 1. The [Administrator] Chief may, upon receiving a request for a microwave channel or channels from an agency, approve or disapprove that request. If the request is approved, the [Division] Office shall assign a channel or channels to the agency at a cost which reflects the actual share of costs incurred for services provided to the agency, in accordance with the comprehensive system of equitable billing and charges developed by the coordinator of communications.
2. Except as otherwise provided in subsection 3, a microwave channel assigned by the [Administrator] Chief to an agency for its use must not be reassigned without the concurrence of the agency.
3. The [Administrator] Chief may revoke the assignment of a microwave channel if an agency fails to pay for its use and may reassign that channel to another agency.
4. Equipment for microwave channels which is purchased by a using agency becomes the property of the [Division] Office if the agency fails to use or pay for those channels. The equipment must be used by the [Division] Office to replace old or obsolete equipment in the state communications system.
5. A state agency shall not purchase equipment for microwave stations without prior approval from the [Administrator] Chief unless:
(a) The existing services do not meet the needs of the agency; or
(b) The equipment will not be used to duplicate services which are provided by the state communications system or a private company.
6. The [Division] Office shall reimburse an agency for buildings, facilities or equipment which is consolidated into the state communications system.
Sec. 48. NRS 205.4765 is hereby amended to read as follows:
205.4765 1. Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization:
(a) Modifies;
(b) Damages;
(c) Destroys;
(d) Discloses;
(e) Uses;
(f) Transfers;
(g) Conceals;
(h) Takes;
(i) Retains possession of;
(j) Copies;
(k) Obtains or attempts to obtain access to, permits access to or causes to be accessed; or
(l) Enters,
Κ data, a program or any supporting documents which exist inside or outside a computer, system or network is guilty of a misdemeanor.
2. Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization:
(a) Modifies;
(b) Destroys;
(c) Uses;
(d) Takes;
(e) Damages;
κ2023 Statutes of Nevada, Page 3555 (CHAPTER 532, SB 431)κ
(f) Transfers;
(g) Conceals;
(h) Copies;
(i) Retains possession of; or
(j) Obtains or attempts to obtain access to, permits access to or causes to be accessed,
Κ equipment or supplies that are used or intended to be used in a computer, system or network is guilty of a misdemeanor.
3. Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization:
(a) Destroys;
(b) Damages;
(c) Takes;
(d) Alters;
(e) Transfers;
(f) Discloses;
(g) Conceals;
(h) Copies;
(i) Uses;
(j) Retains possession of; or
(k) Obtains or attempts to obtain access to, permits access to or causes to be accessed,
Κ a computer, system or network is guilty of a misdemeanor.
4. Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization:
(a) Obtains and discloses;
(b) Publishes;
(c) Transfers; or
(d) Uses,
Κ a device used to access a computer, network or data is guilty of a misdemeanor.
5. Except as otherwise provided in subsection 6, a person who knowingly, willfully and without authorization introduces, causes to be introduced or attempts to introduce a computer contaminant into a computer, system or network is guilty of a misdemeanor.
6. If the violation of any provision of this section:
(a) Was committed to devise or execute a scheme to defraud or illegally obtain property;
(b) Caused response costs, loss, injury or other damage in excess of $500; or
(c) Caused an interruption or impairment of a public service, including, without limitation, a governmental operation, a system of public communication or transportation or a supply of water, gas or electricity,
Κ the person is guilty of a category C felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $100,000. In addition to any other penalty, the court shall order the person to pay restitution.
7. The provisions of this section do not apply to a person performing any testing, including, without limitation, penetration testing, of an information system of an agency that uses the equipment or services of the [Division of Enterprise Information Technology Services of the Department of Administration] Office of the Chief Information Officer within the Office of the Governor that is authorized by the [Administrator of the Division of Enterprise Information Technology Services] Chief of that Office or the head of the Office of Information Security of the [Division.]
κ2023 Statutes of Nevada, Page 3556 (CHAPTER 532, SB 431)κ
Office of the Governor that is authorized by the [Administrator of the Division of Enterprise Information Technology Services] Chief of that Office or the head of the Office of Information Security of the [Division.] Office of the Chief Information Officer. As used in this subsection:
(a) Information system has the meaning ascribed to it in NRS 242.057.
(b) Penetration testing has the meaning ascribed to it in NRS 242.171.
Sec. 49. NRS 205A.040 is hereby amended to read as follows:
205A.040 1. The Technological Crime Advisory Board is hereby created.
2. The Board consists of 13 members as follows:
(a) The Attorney General.
(b) The [Administrator of the Division of Enterprise Information Technology Services of the Department of Administration.] Chief of the Office of the Chief Information Officer within the Office of the Governor.
(c) One member of the Senate appointed by the Majority Leader of the Senate.
(d) One member of the Assembly appointed by the Speaker of the Assembly.
(e) Nine other persons appointed by the Governor as follows:
(1) Two or more persons who represent major sectors of the economy of this State that are impacted significantly by technological crimes.
(2) One or more persons who are employees of a law enforcement agency of this State.
(3) One or more persons who are employees of a public educational institution within this State.
(4) One or more persons who are residents of this State and who are employed by the Federal Government.
3. Each member of the Board who is appointed to the Board serves for a term of 4 years. A vacancy on the Board in an appointed position must be filled in the same manner as the original appointment. A member may be reappointed to the Board.
4. The members of the Board shall elect a Chair and Vice Chair by majority vote. After the initial election, the Chair and Vice Chair shall hold office for a term of 1 year beginning on July 1 of each year. If the position of Chair or Vice Chair becomes vacant, the members of the Board shall elect a Chair or Vice Chair, as appropriate, from among its members for the remainder of the unexpired term.
5. The members of the Board:
(a) Serve without compensation; and
(b) May, upon written request, receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the business of the Board.
6. A member of the Board who is an officer or employee of this State or a political subdivision of this State must be relieved from duties without loss of regular compensation so that the officer or employee may prepare for and attend meetings of the Board and perform any work necessary to carry out the duties of the Board in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Board to make up the time the officer or employee is absent from work to carry out duties as a member of the Board or use annual vacation or compensatory time for the absence.
κ2023 Statutes of Nevada, Page 3557 (CHAPTER 532, SB 431)κ
Sec. 50. NRS 205A.050 is hereby amended to read as follows:
205A.050 1. The Board shall meet at least once every quarter and at the times and places specified by a call of the Chair or a majority of the members of the Board.
2. Except as otherwise provided in subsection 3, a member of the Board may designate in writing a person to represent him or her at a meeting of the Board if it is impractical for the member of the Board to attend the meeting. A representative who has been so designated:
(a) Shall be deemed to be a member of the Board for the purpose of determining a quorum at the meeting; and
(b) May vote on any matter that is voted on by the regular members of the Board at the meeting.
3. The Attorney General may designate a representative to serve in his or her place on the Board or attend a meeting of the Board in his or her place. The [Administrator of the Division of Enterprise Information Technology Services of the Department of Administration] Chief of the Office of the Chief Information Officer within the Office of the Governor may designate a representative to serve in his or her place on the Board or attend a meeting of the Board in his or her place.
4. Seven members of the Board constitute a quorum. Except as otherwise provided in NRS 205A.070 and 205A.080, a quorum may exercise all the power and authority conferred on the Board.
5. Notwithstanding any other provision of law, a member of the Board:
(a) Is not disqualified from public employment or holding a public office because of membership on the Board; and
(b) Does not forfeit public office or public employment because of membership on the Board.
Sec. 51. NRS 205A.060 is hereby amended to read as follows:
205A.060 The Board shall:
1. Facilitate cooperation between state, local and federal officers in detecting, investigating and prosecuting technological crimes.
2. Establish, support and assist in the coordination of activities between two multiagency task forces on technological crime, one based in Reno and one based in Las Vegas, consisting of investigators and forensic examiners who are specifically trained to investigate technological crimes.
3. Coordinate and provide training and education for members of the general public, private industry and governmental agencies, including, without limitation, law enforcement agencies, concerning the statistics and methods of technological crimes and how to prevent, detect and investigate technological crimes.
4. Assist the [Division of Enterprise Information Technology Services of the Department of Administration] Office of the Chief Information Officer within the Office of the Governor in securing governmental information systems against illegal intrusions and other criminal activities.
5. Evaluate and recommend changes to the existing civil and criminal laws relating to technological crimes in response to current and projected changes in technology and law enforcement techniques.
6. Distribute money deposited pursuant to NRS 179.1233 into the Account for the Technological Crime Advisory Board in accordance with the provisions of NRS 205A.090.
7. Authorize the payment of expenses incurred by the Board in carrying out its duties pursuant to this chapter.
κ2023 Statutes of Nevada, Page 3558 (CHAPTER 532, SB 431)κ
Secs. 52 and 53. (Deleted by amendment.)
Sec. 54. NRS 239.073 is hereby amended to read as follows:
239.073 1. The Committee to Approve Schedules for the Retention and Disposition of Official State Records, consisting of six members, is hereby created.
2. The Committee consists of:
(a) The Secretary of State;
(b) The Attorney General;
(c) The Director of the Department of Administration;
(d) The State Library, Archives and Public Records Administrator;
(e) The [Administrator of the Division of Enterprise Information Technology Services of the Department of Administration;] Chief of the Office of the Chief Information Officer within the Office of the Governor; and
(f) One member who is a representative of the general public appointed by the Governor.
Κ All members of the Committee, except the representative of the general public, are ex officio members of the Committee.
3. The Secretary of State or a person designated by the Secretary of State shall serve as Chair of the Committee. The State Library, Archives and Public Records Administrator shall serve as Secretary of the Committee and prepare and maintain the records of the Committee.
4. The Committee shall meet at least quarterly and may meet upon the call of the Chair.
5. An ex officio member of the Committee may designate a person to represent the ex officio member at any meeting of the Committee. The person designated may exercise all the duties, rights and privileges of the member that the person represents.
6. The Committee may adopt rules and regulations for its management.
Sec. 55. Chapter 242 of NRS is hereby amended by adding thereto the provisions set forth as sections 56 and 57 of this act.
Sec. 56. Chief means the Chief of the Office of the Chief Information Officer within the Office of the Governor.
Sec. 57. Office means the Office of the Chief Information Officer within the Office of the Governor.
Sec. 58. NRS 242.011 is hereby amended to read as follows:
242.011 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [242.013] 242.015 to 242.068, inclusive, have the meanings ascribed to them in those sections.
Sec. 59. NRS 242.071 is hereby amended to read as follows:
242.071 1. The Legislature hereby determines and declares that the creation of the [Division of Enterprise Information Technology Services of the Department of Administration] Office of the Chief Information Officer within the Office of the Governor is necessary for the coordinated, orderly and economical processing of information in State Government, to ensure economical use of information systems and to prevent the unnecessary proliferation of equipment and personnel among the various state agencies.
2. The purposes of the [Division] Office are:
(a) To perform information services for state agencies.
(b) To provide technical advice but not administrative control of the information systems within the state agencies and, as authorized, of local governmental agencies.
κ2023 Statutes of Nevada, Page 3559 (CHAPTER 532, SB 431)κ
Sec. 60. NRS 242.080 is hereby amended to read as follows:
242.080 1. The [Division of Enterprise Information Technology Services of the Department] Office of the Chief Information Officer is hereby created [.] within the Office of the Governor.
2. The Division Office consists of the [Administrator] Chief and the:
(a) Enterprise Application Services Unit.
(b) Communication and Computing Unit.
(c) Office of Information Security.
[3. A Communications Group and a Telecommunications Group are hereby created within the Communication and Computing Unit of the Division.]
(d) Other units, groups, divisions or departments deemed necessary by the Chief to the extent such functions are supported by the appropriations allocated to the functions of the Office.
Sec. 61. NRS 242.101 is hereby amended to read as follows:
242.101 1. The [Administrator] Chief Information Officer shall:
(a) Appoint [the] a Deputy Chief of the Office of Information Security who is in the classified service of the State;
(b) Administer the provisions of this chapter and other provisions of law relating to the duties of the [Division;] Office of the Chief Information Officer;
(c) Employ, within the limits of the approved budget of the Office, such other staff as is necessary for the performance of the duties of the Office; and
[(c)] (d) Carry out other duties and exercise other powers specified by law.
2. The [Administrator] Chief may form committees to establish standards and determine criteria for evaluation of policies relating to informational services.
Sec. 62. NRS 242.111 is hereby amended to read as follows:
242.111 The [Administrator] Chief shall adopt regulations necessary for the administration of this chapter, including:
1. The policy for the information systems of the Executive Branch of Government, excluding the Nevada System of Higher Education and the Nevada Criminal Justice Information System, as that policy relates, but is not limited, to such items as standards for systems and programming and criteria for selection, location and use of information systems to meet the requirements of state agencies and officers at the least cost to the State;
2. The procedures of the [Division] Office in providing information services, which may include provision for the performance, by an agency which uses the services or equipment of the [Division,] Office, of preliminary procedures, such as data recording and verification, within the agency;
3. The effective administration of the [Division,] Office, including, without limitation, security to prevent unauthorized access to information systems and plans for the recovery of systems and applications after they have been disrupted;
4. The development of standards to ensure the security of the information systems of the Executive Branch of Government; and
5. Specifications and standards for the employment of all personnel of the [Division.] Office.
κ2023 Statutes of Nevada, Page 3560 (CHAPTER 532, SB 431)κ
Sec. 63. NRS 242.115 is hereby amended to read as follows:
242.115 1. Except as otherwise provided in subsection 2, the [Administrator] Chief shall:
(a) Develop policies and standards for the information systems of the Executive Branch of Government;
(b) Coordinate the development of a biennial state plan for the information systems of the Executive Branch of Government;
(c) Develop guidelines to assist state agencies in the development of short- and long-term plans for their information systems; and
(d) Develop guidelines and procedures for the procurement and maintenance of the information systems of the Executive Branch of Government.
2. This section does not apply to the Nevada System of Higher Education or the Nevada Criminal Justice Information System used to provide support for the operations of law enforcement agencies in this State.
Sec. 64. NRS 242.131 is hereby amended to read as follows:
242.131 1. The [Division] Office shall provide state agencies and elected state officers with all their required design of information systems. All agencies and officers must use those services and equipment, except as otherwise provided in subsection 2.
2. The following agencies may negotiate with the [Division] Office for its services or the use of its equipment, subject to the provisions of this chapter, and the [Division] Office shall provide those services and the use of that equipment as may be mutually agreed:
(a) The Court Administrator;
(b) The Department of Motor Vehicles;
(c) The Department of Public Safety;
(d) The Department of Transportation;
(e) The Employment Security Division of the Department of Employment, Training and Rehabilitation;
(f) The Department of Wildlife;
(g) The Housing Division of the Department of Business and Industry;
(h) The Legislative Counsel Bureau;
(i) The State Controller;
(j) The Nevada Gaming Control Board and Nevada Gaming Commission; and
(k) The Nevada System of Higher Education.
3. Any state agency or elected state officer who uses the services of the [Division] Office and desires to withdraw substantially from that use must apply to the [Administrator] Chief for approval. The application must set forth justification for the withdrawal. If the [Administrator] Chief denies the application, the agency or officer must:
(a) If the Legislature is in regular or special session, obtain the approval of the Legislature by concurrent resolution.
(b) If the Legislature is not in regular or special session, obtain the approval of the Interim Finance Committee. The [Administrator] Chief shall, within 45 days after receipt of the application, forward the application together with his or her recommendation for approval or denial to the Interim Finance Committee. The Interim Finance Committee has 45 days after the application and recommendation are submitted to its Secretary within which to consider the application. Any application which is not considered by the Committee within the 45-day period shall be deemed approved.
κ2023 Statutes of Nevada, Page 3561 (CHAPTER 532, SB 431)κ
4. If the demand for services or use of equipment exceeds the capability of the [Division] Office to provide them, the [Division] Office may contract with other agencies or independent contractors to furnish the required services or use of equipment and is responsible for the administration of the contracts.
Sec. 65. Chapter 284 of NRS is hereby amended by adding thereto the provisions set forth as sections 66 and 67 of this act.
Sec. 66. 1. This chapter and the regulations adopted pursuant thereto do not create or confer upon any state employee a contractual right to employment.
2. Except as authorized by specific statute, an appointing authority shall not execute any contract for employment with any state employee.
Sec. 67. The Administrator shall develop and implement:
1. An audit function to review each appointing authoritys processes and compliance with applicable policies, procedures and provisions of law relating to human resources.
2. A centralized job announcement system that streamlines employment recruiting for all appointing authorities.
3. A centralized employment system that includes, without limitation, a platform that all applicants may use to apply for state employment.
Sec. 68. NRS 284.010 is hereby amended to read as follows:
284.010 1. The Legislature declares that the purpose of this chapter is:
(a) To provide all citizens a fair and equal opportunity for public service;
(b) To establish conditions of service which will attract officers and employees of character and ability;
(c) To establish uniform job and salary classifications; and
(d) To increase the efficiency and economy of the agencies in the Executive Department of the State Government by the improvement of methods of [personnel] human resources administration.
2. The Legislature declares that, in its considered judgment, the proper administration of the Executive Department of our State Government requires the enactment of this chapter.
Sec. 69. NRS 284.015 is hereby amended to read as follows:
284.015 As used in this chapter, unless the context otherwise requires:
1. Administrator means the Administrator of the Division.
2. Commission means the [Personnel] Human Resources Commission.
3. Disability, includes, but is not limited to, physical disability, intellectual disability and mental or emotional disorder.
4. Division means the Division of Human Resource Management of the Department of Administration.
5. Essential functions has the meaning ascribed to it in 29 C.F.R. § 1630.2.
6. Marginalized identity means an identity that causes or has historically caused a person of such an identity to be disproportionately subject to discrimination, harassment or other negative treatment as a result of the identity.
7. Protective hairstyle includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.
8. Public service means positions providing service for any office, department, board, commission, bureau, agency or institution in the Executive Department of the State Government operating by authority of the Constitution or law, and supported in whole or in part by any public money, whether the money is received from the Government of the United States or any branch or agency thereof, or from private or any other sources.
κ2023 Statutes of Nevada, Page 3562 (CHAPTER 532, SB 431)κ
Executive Department of the State Government operating by authority of the Constitution or law, and supported in whole or in part by any public money, whether the money is received from the Government of the United States or any branch or agency thereof, or from private or any other sources.
9. Race includes traits associated with race, including, without limitation, hair texture and protective hairstyles.
10. Veteran means a person who:
(a) Was regularly enlisted, drafted, inducted or commissioned in the:
(1) Armed Forces of the United States and was accepted for and assigned to active duty in the Armed Forces of the United States;
(2) National Guard or a reserve component of the Armed Forces of the United States and was accepted for and assigned to duty for a minimum of 6 continuous years; or
(3) Commissioned Corps of the United States Public Health Service or the Commissioned Corps of the National Oceanic and Atmospheric Administration of the United States and served in the capacity of a commissioned officer while on active duty in defense of the United States; and
(b) Was separated from such service under conditions other than dishonorable.
11. Veteran with a service-connected disability has the meaning ascribed to it in NRS 338.13843 and includes a veteran who is deemed to be a veteran with a service-connected disability pursuant to NRS 417.0187.
Sec. 70. NRS 284.022 is hereby amended to read as follows:
284.022 The Division may include within the [Personnel] Human Resources System all employees of any governmental agency acquired for administration by the State.
Sec. 71. NRS 284.030 is hereby amended to read as follows:
284.030 1. There is hereby created in the Division a [Personnel] Human Resources Commission composed of five members appointed by the Governor.
2. The Governor shall appoint:
(a) Three members who are representatives of the general public and have a demonstrated interest in or knowledge of the principles of public [personnel] human resources administration.
(b) One member who is a representative of labor and has a background in [personnel] human resources administration.
(c) One member who is a representative of employers or managers and has a background in [personnel] human resources administration.
(d) An alternate member for each member appointed pursuant to paragraphs (a), (b) and (c) to serve when the regular member is unable to attend a meeting of the Commission.
Sec. 72. NRS 284.065 is hereby amended to read as follows:
284.065 1. The Commission has only such powers and duties as are authorized by law.
2. In addition to the powers and duties set forth elsewhere in this chapter, the Commission shall:
(a) Advise the Administrator concerning the organization and administration of the Division.
(b) Report to the Governor on all matters which the Commission may deem pertinent to the Division and concerning any specific matters previously requested by the Governor.
κ2023 Statutes of Nevada, Page 3563 (CHAPTER 532, SB 431)κ
(c) Advise and make recommendations to the Governor or the Legislature relative to the [personnel] human resources policy of the State.
(d) Adopt regulations to carry out the provisions of this chapter.
(e) Foster the interest of institutions of learning and of civic, professional and employee organizations in the improvement of [personnel] human resources standards in the state service.
(f) Review decisions of the Administrator in contested cases involving the classification or allocation of particular positions.
(g) Exercise any other advisory powers necessary or reasonably implied within the provisions and purposes of this chapter.
Sec. 73. NRS 284.073 is hereby amended to read as follows:
284.073 1. The Employee-Management Committee shall:
(a) Serve in an advisory capacity to the Governor, the Commission and the Division with respect to all matters of [personnel] human resources administration and relations between management and employees.
(b) Receive, consider and make recommendations on matters relating to [personnel] human resources administration, policy and procedures.
(c) Provide a forum for the hearing of employees suggestions, complaints or disciplinary problems.
(d) Provide a means of communication for disseminating information to employees regarding the [personnel] human resources program.
(e) Except as otherwise provided in subsection 2, hold hearings, when requested, and make final decisions for the adjustment of grievances as provided by the regulations of the Commission.
2. The Committee shall not hold any hearing or make a final decision for the adjustment of a grievance unless an equal number of members appointed pursuant to paragraphs (a) and (b) of subsection 2 of NRS 284.068 attend the hearing and take part in making the final decision.
Sec. 74. NRS 284.075 is hereby amended to read as follows:
284.075 The Administrator:
1. Shall not engage in any other gainful employment or occupation.
2. Must be selected with special reference to the persons training, experience, capacity and interest in the field of [personnel] human resources administration. The knowledge and abilities of the person selected as the Administrator should include:
(a) A comprehensive knowledge of the principles and practices of [personnel] human resources administration.
(b) A working knowledge of job and salary classification methods.
(c) An extensive knowledge of the organization and operations of state departments, agencies and institutions, and of statutes and regulations concerning government [personnel.] human resources.
(d) An extensive knowledge of principles of public organization and administration.
(e) Administrative ability in the direction of staff analyses of government salaries and positions, and in the maintenance of effective working relationships with all state officials concerned with [personnel.] human resources.
(f) Ability to organize and present clearly oral and written reports of findings and recommendations.
3. Must have progressively responsible experience in [personnel] human resources administration in an amount to be determined by the Commission and have been graduated from an accredited 4-year college or university, or have an equivalent combination of experience in [personnel] human resources administration or training, substituting 2 years of experience for 1 year of training.
κ2023 Statutes of Nevada, Page 3564 (CHAPTER 532, SB 431)κ
university, or have an equivalent combination of experience in [personnel] human resources administration or training, substituting 2 years of experience for 1 year of training.
Sec. 75. NRS 284.110 is hereby amended to read as follows:
284.110 1. The [Personnel] Human Resources Operating Fund is hereby created as an internal service fund.
2. The Division may accept on behalf of the State any grant or contribution, federal or otherwise, made to assist in meeting the costs of carrying out the purposes of this chapter. All such grants and contributions must be deposited with the State Treasurer to the credit of the [Personnel] Human Resources Operating Fund.
3. All costs of administering the provisions of this chapter must be paid out of the [Personnel] Human Resources Operating Fund on claims in the same manner as other claims against the State are paid.
Sec. 76. NRS 284.115 is hereby amended to read as follows:
284.115 1. The Administrator shall:
(a) Maintain accurate records reflecting the costs of administering the provisions of this chapter.
(b) In preparation for the budget for each biennium, determine, on the basis of experience during the 2 preceding fiscal years, the estimated cost of carrying out the functions of the Division for the 2 succeeding fiscal years, and inform each department, agency and institution operating under the provisions of this chapter of that cost.
2. Each department, agency and institution shall include in its budget for each of the 2 succeeding fiscal years an amount of money equal to the cost estimated pursuant to subsection 1.
3. Except as otherwise provided in subsection 4, on July 1 of each year each department, agency and institution shall pay to the Administrator for deposit in the [Personnel] Human Resources Operating Fund an assessment equal to the amount of money appropriated to or authorized for that department, agency or institution pursuant to its budget for the costs of [personnel] human resources administration.
4. Any state department, agency or institution may pay the assessment required by subsection 3 on a date or dates other than July 1 if compliance with federal law or regulation so requires.
5. Changes in assessments are effective upon approval of the Governor and the Interim Finance Committee.
Sec. 77. NRS 284.125 is hereby amended to read as follows:
284.125 1. When requested by the Governor, the Legislature, or their authorized representatives, the Administrator may:
(a) Investigate duplication of [personnel] human resources work of departments, institutions and agencies in the Executive Department of the State Government.
(b) Study the personnel organization and administration of those departments, institutions and agencies.
(c) Formulate plans for better and more effective [personnel] human resources management.
2. The Administrator shall prepare and report any [personnel] human resources data or statistics which the Governor or the Legislature may require.
κ2023 Statutes of Nevada, Page 3565 (CHAPTER 532, SB 431)κ
3. The Administrator shall cooperate with the heads of departments and agencies in making similar [personnel] human resources studies in their respective departments and agencies.
Sec. 78. NRS 284.145 is hereby amended to read as follows:
284.145 Officers authorized by law to make appointments to positions in the unclassified service and appointing officers of departments or institutions whose employees are exempt from the provisions of this chapter may make appointments from appropriate [registers] pools of eligible persons maintained by the Division . [without affecting the continuance of the names on the list.]
Sec. 79. NRS 284.150 is hereby amended to read as follows:
284.150 1. The classified service of the State of Nevada is comprised of all positions in the public service now existing or hereafter created which are:
(a) Lawfully designated as being in the classified service; and
(b) Filled [according to merit and fitness] from the eligible [lists] pools of persons prepared by appointing authorities upon the basis of [examination, which must be open and competitive,] evaluation by an appointing authority, except as otherwise provided in this chapter and NRS 209.161.
2. Except as otherwise provided in NRS 193.105, 209.161 and 416.070, a person must not be appointed, transferred, promoted, demoted or discharged in the classified service in any manner or by any means other than those prescribed in this chapter and the regulations adopted in accordance therewith.
3. A person must not be discriminated against on account of the persons religious or political opinions or affiliations, race, sex, sexual orientation, gender identity or expression, age or disability.
Sec. 80. NRS 284.160 is hereby amended to read as follows:
284.160 1. The Administrator shall prepare, maintain and revise as necessary a master classification plan for all positions in the classified service, based upon similarity of duties and responsibilities, so that the same qualifications may reasonably be required for, and the same schedule of pay may be equitably applied to, all positions in the same class.
2. The [duty of the Administrator to classify extends to all offices, employments and positions held by persons who may become members of the classified service under the provisions of this chapter.] Administrator shall review annually the classification plan of each appointing authority using the audit function developed and implemented pursuant to section 67 of this act.
3. [The] Subject to the provisions of subsection 4, with the approval of the Administrator , an appointing authority may [, after consultation with the head of a department or agency,] make changes in the classification of positions within its agency whenever the [Administrator] the appointing authority deems it necessary for the efficiency of the public service.
4. The classification plan and changes therein are subject to approval by the Commission, except that the Administrator , at the request of an appointing authority, may make a change in the classification plan without the prior approval of the Commission if:
(a) The Administrator deems it necessary for the efficiency of the public service;
κ2023 Statutes of Nevada, Page 3566 (CHAPTER 532, SB 431)κ
(b) The change is not proposed in conjunction with an occupational study; and
(c) The Administrator, at least 20 working days before acting upon the proposed change:
(1) Provides written notice of the proposal to each member of the Commission, to all departments and to any head of an employees organization who requests notice of such proposals; and
(2) Posts a written notice of the proposal in each of the principal offices of the Division.
Κ Any occupational study conducted by the Division in connection with the preparation, maintenance or revision of the classification plan must be approved by the Commission.
5. If no written objection to the proposed change to the classification plan is received by the Administrator before the date it is scheduled to be acted upon, the Administrator may effect the change. The Administrator shall report to the Commission any change in the classification plan made without its approval at the Commissions next succeeding regular meeting.
6. If a written objection is received before the date the proposed change is scheduled to be acted upon, the Administrator shall place the matter on the agenda of the Commission for consideration at its next succeeding regular meeting.
Sec. 81. NRS 284.165 is hereby amended to read as follows:
284.165 1. As soon as practicable and after consultation with [appointing authorities] the Administrator and principal supervisory officials, [the Administrator] an appointing authority shall allocate the position of every employee in the classified service within its agency to one of the positions in the [position] the master classification plan.
2. Any employee affected by the allocation of a position to a grade or class or by a change in classification, after filing with the [Administrator] appointing authority a written request for reconsideration thereof, must be given a reasonable opportunity to be heard thereon by the [Administrator.] appointing authority.
3. Any employee who is aggrieved by the [Administrators] appointing authoritys decision concerning an allocation or change in classification is entitled to have the decision reviewed by the Commission if the employee submits a written request to the Commission for such a review not later than 30 days after the [Administrators] appointing authoritys decision.
Sec. 82. (Deleted by amendment.)
Sec. 83. NRS 284.180 is hereby amended to read as follows:
284.180 1. The Legislature declares that since uniform salary and wage rates and classifications are necessary for an effective and efficient [personnel] human resources system, the pay plan must set the official rates applicable to all positions in the classified service, but the establishment of the pay plan in no way limits the authority of the Legislature relative to budgeted appropriations for salary and wage expenditures.
2. Credit for overtime work directed or approved by the head of an agency or the representative of the head of the agency must be earned at the rate of time and one-half, except for those employees described in NRS 284.148.
3. Except as otherwise provided in subsections 4, 6, 7 and 9, overtime is considered time worked in excess of:
κ2023 Statutes of Nevada, Page 3567 (CHAPTER 532, SB 431)κ
(a) Eight hours in 1 calendar day;
(b) Eight hours in any 16-hour period; or
(c) A 40-hour week.
4. Firefighters who choose and are approved for a 24-hour shift shall be deemed to work an average of 56 hours per week and 2,912 hours per year, regardless of the actual number of hours worked or on paid leave during any biweekly pay period. A firefighter so assigned is entitled to receive 1/26 of the firefighters annual salary for each biweekly pay period. In addition, overtime must be considered time worked in excess of:
(a) Twenty-four hours in one scheduled shift; or
(b) Fifty-three hours average per week during one work period for those hours worked or on paid leave.
Κ The appointing authority shall designate annually the length of the work period to be used in determining the work schedules for such firefighters. In addition to the regular amount paid such a firefighter for the deemed average of 56 hours per week, the firefighter is entitled to payment for the hours which comprise the difference between the 56-hour average and the overtime threshold of 53 hours average at a rate which will result in the equivalent of overtime payment for those hours.
5. The Commission shall adopt regulations to carry out the provisions of subsection 4.
6. For employees who choose and are approved for a variable workday, overtime will be considered only after working 40 hours in 1 week.
7. Employees who are eligible under the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 et seq., to work a variable 80-hour work schedule within a biweekly pay period and who choose and are approved for such a work schedule will be considered eligible for overtime only after working 80 hours biweekly, except those eligible employees who are approved for overtime in excess of one scheduled shift of 8 or more hours per day.
8. An agency may experiment with innovative workweeks upon the approval of the head of the agency and after majority consent of the affected employees. The affected employees are eligible for overtime only after working 40 hours in a workweek.
9. This section does not supersede or conflict with existing contracts of employment for employees hired to work 24 hours a day in a home setting. Any future classification in which an employee will be required to work 24 hours a day in a home setting must be approved in advance by the Commission.
10. All overtime must be approved in advance by the appointing authority or the designee of the appointing authority. No officer or employee, other than a director of a department or the chair of a board, commission or similar body, may authorize overtime for himself or herself. The chair of a board, commission or similar body must approve in advance all overtime worked by members of the board, commission or similar body.
11. The Division shall prepare and submit quarterly to the Budget Division of the Office of Finance a report regarding all overtime worked by employees of the Executive Department in the quarter. The Budget Division shall:
(a) Review the report and analyze the overtime reported; and
(b) Transmit quarterly to the State Board of Examiners the report and the analysis of the Budget Division regarding the report.
κ2023 Statutes of Nevada, Page 3568 (CHAPTER 532, SB 431)κ
12. A state employee is entitled to his or her normal rate of pay for working on a legal holiday unless the employee is entitled to payment for overtime pursuant to this section and the regulations adopted pursuant thereto. This payment is in addition to any payment provided for by regulation for a legal holiday.
Sec. 84. NRS 284.205 is hereby amended to read as follows:
284.205 1. The Commission shall adopt regulations for [open competitive examinations to test the relative fitness of] the recruitment and evaluation of applicants [for the respective] to establish pools of eligible persons and fill positions [.] in the classified service.
2. Each appointing authority shall comply with the regulations of the Commission when filling positions in the classified service.
Sec. 85. NRS 284.210 is hereby amended to read as follows:
284.210 [1. All competitive examinations for] In relation to positions in the classified service [must:
(a) Relate to those matters which fairly test the capacity and fitness of the persons examined to perform in an efficient manner the duties of the class in which employment is sought.
(b) Be open to all applicants who meet the reasonable standards or requirements fixed by the Administrator with regard to experience, character, age, education, physical condition and any other factors relating to the ability of the applicants to perform the duties of the position with reasonable efficiency.
2. An examination may consist of:
(a) An evaluation of the applicants training and experience;
(b) A written examination;
(c) An oral examination;
(d) An evaluation of the applicants performance, such as the ability to operate successfully certain equipment; or
(e) Any combination of paragraphs (a) to (d), inclusive.
3. An examination may be conducted by using a center for assessment as defined by regulations adopted by the Commission. An employee of the department for which an examination is being held may not serve on the panel or score the examination.
4. An oral examination given pursuant to this section must be:
(a) Except as otherwise provided in subsection 5, conducted by a panel of which no more than one-third of the members are employed by the department in which a vacancy exists for the position for which the examination is given.
(b) Recorded and maintained by the department for:
(1) Not less than 2 years after the date of the examination; or
(2) Until the final disposition of a charge of discrimination,
Κ whichever is longer, and must be available to an affected person upon request.
5. Employees of the department in which a vacancy exists may comprise more than one-third of the members of the panel if:
(a) A member who is not such an employee is unable to serve on the panel because of illness or an emergency;
(b) The department has more than 1,000 employees; and
(c) The department has two or more divisions that administer separate and diverse programs and the employees of the department on the panel are not employed by the same division.] , each appointing authority shall, consistent with the regulations adopted by the Commission pursuant to NRS 284.205, recruit, evaluate, select, manage and promote employees through open competition on the basis of knowledge, skills and ability and without regard to an applicants or employees religious or political opinions or affiliations, race, sex, sexual orientation, gender identity or expression, age or disability.
κ2023 Statutes of Nevada, Page 3569 (CHAPTER 532, SB 431)κ
NRS 284.205, recruit, evaluate, select, manage and promote employees through open competition on the basis of knowledge, skills and ability and without regard to an applicants or employees religious or political opinions or affiliations, race, sex, sexual orientation, gender identity or expression, age or disability.
Sec. 86. NRS 284.240 is hereby amended to read as follows:
284.240 [The Administrator] An appointing authority may refuse to [examine] evaluate an applicant or, after [examination,] evaluation, may refuse to certify an eligible person who:
1. Lacks any of the preliminary requirements established for the [examination] evaluation for the position or employment for which the applicant or eligible person applies.
2. Submitted to a screening test administered pursuant to NRS 284.4066, the results of which indicated the presence of a controlled substance, and the person did not provide the proof required by NRS 284.4066.
3. Has been dismissed from the public service for delinquency or misconduct.
4. Has made a false statement of any material fact.
5. Has, directly or indirectly, given, rendered or paid, or promised to give, render or pay, any money, service or other valuable thing to any person for, or on account of or in connection with, the [examination,] evaluation, appointment or proposed appointment of the applicant or [eligible] person.
6. Has practiced, or attempted to practice, any deception or fraud in the application, certificate or [examination] evaluation of the applicant or eligible person, or in securing the eligibility or appointment of the applicant or eligible person.
Sec. 87. NRS 284.245 is hereby amended to read as follows:
284.245 1. When [the Administrator] an appointing authority refuses to [examine] evaluate an applicant or, after an [examination,] evaluation, refuses to certify [an eligible] a person, the applicant or eligible person may request the [Administrator] appointing authority to furnish to the applicant or eligible person a statement of the reasons for the refusal to [examine] evaluate or the refusal to certify, as the case may be. The [Administrator] appointing authority shall furnish the statement upon request.
2. If [the Administrator] an appointing authority refuses to [examine] evaluate an applicant or, after an [examination,] evaluation, refuses to certify [an eligible] a person, the applicant or eligible person may take an appeal to the Commission in accordance with regulations adopted by the Commission. If the Commission finds that the [Administrator] appointing authority is in error in refusing to [examine] evaluate an applicant or in refusing to certify [an eligible] a person, the Commission shall order the [Administrator] appointing authority to examine or certify, and the [Administrator] appointing authority shall comply.
Sec. 88. NRS 284.250 is hereby amended to read as follows:
284.250 [1.] The Commission shall adopt regulations for the establishment of [eligible lists] pools of eligible persons by an appointing authority for appointment and promotion [which must contain the names of successful applicants in the order of their relative excellence in the respective examinations.
2. The term of eligibility of applicants on such lists is 1 year, but the term may be extended by the Administrator to a maximum of 3 years.] based on evaluations.
κ2023 Statutes of Nevada, Page 3570 (CHAPTER 532, SB 431)κ
Sec. 89. NRS 284.253 is hereby amended to read as follows:
284.253 In establishing the [lists] pools of eligible persons, an appointing authority must allow a preference [must be allowed] for persons who reside in this State . [at the time the examination is completed. Five points must be added to the passing grade achieved on the examination.] For the purposes of this section, the person examined must reside physically within the State. If any person is absent from the State with the intention in good faith to return without delay and continue the persons residence, the time of the absence must not be considered in determining the fact of the persons residence.
Sec. 90. NRS 284.254 is hereby amended to read as follows:
284.254 In establishing [lists] pools of eligible persons, an appointing authority must allow a preference [must be allowed] for each person in the classified service who has been separated from the service because the agency by which the person was employed was terminated pursuant to NRS 232B.100.
Sec. 91. NRS 284.255 is hereby amended to read as follows:
284.255 1. Appointments [must] may be made [from the appropriate eligible list, but if no such list exists then the Administrator may certify from such other list as the Administrator deems the next most appropriate. A new and separate list must be created for a stated position only when there is no satisfactory list.] by an appointing authority only after pools of eligible persons are established by the appointing authority through the recruitment process.
2. Unless otherwise provided by this chapter, no person may be appointed or employed under any title not appropriate to the duties performed.
Sec. 92. NRS 284.260 is hereby amended to read as follows:
284.260 [1.] In establishing the [lists] pools of eligible persons, [the following preferences] an appointing authority must [be allowed, except that if a person qualifies for more than one of the following preferences, the person is not entitled to combine preference points for each such qualifying preference but is entitled to receive preference points for only one such qualifying preference that is most beneficial to the person:
(a) For veterans, 10 points must be added to the passing grade achieved on the examination.
(b) For widows] give a preference to:
1. Veterans.
2. Widows and widowers of persons killed in the line of duty while on active duty in the Armed Forces of the United States . [, 10 points must be added to the passing grade achieved on the examination.
(c) For widows]
3. Widows and widowers of veterans . [, 5 points must be added to the passing grade achieved on the examination.
(d) For a]
4. A member of the Nevada National Guard who submits a letter of recommendation from the commanding officer of the members unit . [, 5 points must be added to the passing grade achieved on the examination.
2. Any person qualifying for preference points pursuant to subsection 1 is entitled to have the points applied to any open competitive or promotional examination in the classified service.]
κ2023 Statutes of Nevada, Page 3571 (CHAPTER 532, SB 431)κ
Sec. 93. NRS 284.265 is hereby amended to read as follows:
284.265 1. Except as otherwise provided in NRS 284.305, appointing authorities shall [give notice to the Administrator of their intention to fill any vacancy in the classified service.
2. Except as otherwise provided in this subsection, within a reasonable time after the receipt of the notice, the Administrator shall certify from the list of eligible persons, appropriate for the grade and class in which the position is classified:
(a) The five names at the head thereof. If the competitive examination for that position is scored to the nearest one-hundredth of a point and there are more than five persons having the five highest scores, the names of each of those persons must be so certified.
(b) Unless otherwise included among the names certified pursuant to paragraph (a), the name of any eligible person on the list who is a veteran with a service-connected disability. The appointing authority shall interview for the position each veteran with a service-connected disability who is so certified.
3. If, pursuant to this chapter or the regulations adopted pursuant thereto, the process for filling the] use the centralized system established by the Administrator pursuant to section 67 of this act to obtain applicants for a position in the classified service . [is not governed by the provisions of subsection 2, the]
2. An appointing authority shall:
(a) Interview for the position each veteran with a service-connected disability who is a qualified applicant for the position; and
(b) If there are veterans without a service-connected disability who are qualified applicants for the position, interview for the position a number of such veterans that is equal to at least 22 percent of the total number of qualified applicants interviewed for the position or, if there is not a sufficient number to reach that percentage, interview for the position each such veteran who is a qualified applicant for the position. For the purpose of calculating percentages pursuant to this paragraph, percentages that are not whole numbers must be rounded to the next highest whole number.
Sec. 94. NRS 284.295 is hereby amended to read as follows:
284.295 1. Vacancies in positions must be filled, so far as practicable, by promotion within a department or agency from among persons holding positions in the classified service. Promotions must be based upon merit and fitness, to be ascertained in accordance with regulations adopted by the Commission. In such regulations, the employees efficiency, character, conduct and length of service must all constitute factors. For the purposes of this subsection, a person employed by the Legislative Branch of Government pursuant to subsection 7 of NRS 284.3775 shall be deemed to hold the position the person held before the legislative session.
2. Eligibility for promotion must be determined on recommendation [of the appointing authority] and [certification] evaluation by the [Administrator] appointing authority that the employee meets the minimum requirements and demonstrates the employees qualifications in accordance with regulations adopted by the Commission.
3. The Administrator may provide, in specific cases, for competitive promotional [examinations] evaluations among employees of departments other than that in which a particular vacancy in a higher classification may exist.
κ2023 Statutes of Nevada, Page 3572 (CHAPTER 532, SB 431)κ
4. An advancement in rank or grade or an increase in salary beyond the maximum fixed for the class constitutes a promotion.
Sec. 95. NRS 284.300 is hereby amended to read as follows:
284.300 1. The Commission shall adopt regulations requiring that a promotional appointee who fails to attain permanent status in the position to which the appointee was promoted, or who is dismissed for cause other than misconduct or delinquency on the appointees part from the position to which the appointee was promoted, either during the probationary period or at the conclusion thereof by reason of the failure of the appointing authority to file a request for the appointees continuance in the position, must be:
(a) Restored to the position from which the appointee was promoted , if there is only one such position within the appointing authority, unless the position has been filled by an employee with greater seniority;
(b) Placed in a position other than the position from which the appointee was promoted and for which a vacancy exists in the class held immediately before the promotion [;] , if there is more than one such position within the appointing authority; or
(c) If no position described in paragraph (a) or (b) exists:
(1) Appointed to a position for which a vacancy exists in a class equal to or lower than the class held immediately before the promotion; or
(2) Placed on an appropriate reemployment [list.] pool.
2. Nothing contained in this section shall be construed to prevent any employee of the classified service from [competing for places upon lists of persons eligible] seeking eligibility for original appointments.
Sec. 96. NRS 284.305 is hereby amended to read as follows:
284.305 1. Except as otherwise provided in subsection 2, positions in the classified service may be filled by an appointing authority without [competition] competitive evaluation only as provided in NRS 284.155, 284.300, 284.307, 284.309, 284.310, 284.315, 284.320, 284.325, 284.327, 284.330, 284.375 and 284.3775.
2. The Commission may adopt regulations which provide for filling positions in the classified service without [competition] competitive evaluation in cases involving:
(a) The appointment of a current employee with a disability to a position at or below the grade of his or her position if the employee becomes unable to perform the essential functions of his or her position with or without reasonable accommodation;
(b) The demotion of a current employee;
(c) The reemployment of a current or former employee who was or will be adversely affected by layoff, military service, reclassification or a permanent partial disability arising out of and in the course of the employment of the current or former employee; or
(d) The reappointment of a current employee.
Sec. 97. NRS 284.309 is hereby amended to read as follows:
284.309 If a competitive [examination] evaluation is required for a vacancy and fewer than five qualified applicants respond after extensive efforts at recruitment, the [examination] evaluation by the appointing authority may be waived . [and the Administrator may submit the applications of the qualified applicants without certification to the appointing authority for selection.]
κ2023 Statutes of Nevada, Page 3573 (CHAPTER 532, SB 431)κ
Sec. 98. NRS 284.310 is hereby amended to read as follows:
284.310 1. Whenever there are urgent reasons for filling a vacancy in any position in the classified service [and the Administrator is unable to certify from any appropriate eligible list for the vacancy, the Administrator] , an appointing authority may issue a provisional permit or certify a suitable person to fill the vacancy provisionally only until a selection and appointment can be made after competitive [examination.] evaluation.
2. No person may receive more than one provisional appointment or serve more than 6 months in any 12-month period as a provisional appointee.
3. A provisional appointee must meet the minimum qualifications established for the [class of positions involved.] position in the master classification plan.
Sec. 99. NRS 284.320 is hereby amended to read as follows:
284.320 1. In case of a vacancy in a position where peculiar and exceptional qualifications of a scientific, professional or expert character are required, and upon satisfactory evidence that for specific reasons [competition] competitive evaluation in that case is impracticable, and that the position can best be filled by the selection of some designated person of high and recognized attainments in the required qualities, the Administrator may suspend the requirements of [competition.] competitive evaluation.
2. The Administrator may suspend the requirements of competitive [examination] evaluation for positions requiring highly professional qualifications if past experience or current research indicates a difficulty in recruitment or if the qualifications include a license or certification.
3. Upon specific written justification by the appointing authority, the Administrator may suspend the requirement of competitive [examination] evaluation for a position where extreme difficulty in recruitment has been experienced and extensive efforts at recruitment have failed to produce five persons in the state service who are qualified applicants for promotion to the position.
4. Except in the circumstances described in subsection 2, no suspension may be general in its application to any position.
Sec. 100. NRS 284.327 is hereby amended to read as follows:
284.327 1. Except as otherwise provided in subsection 4, if an appointing authority has a position available and the position is not required to be filled in another manner pursuant to this chapter, to assist persons with disabilities certified by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation, the appointing authority shall, if possible, make a temporary limited appointment of a certified person with a disability for a period not to exceed 700 hours notwithstanding that the position so filled is a continuing position.
2. A person with a disability who is certified by the Rehabilitation Division must be placed [on] in the appropriate [list] pool for which the person is eligible. Each such person must:
(a) Possess the training and skills necessary for the position for which the person is certified; and
(b) Be able to perform, with or without reasonable accommodation, the essential functions of that position.
3. The Rehabilitation Division must be notified of an appointing authoritys request for a list of eligibility on which the names of one or more certified persons with disabilities appear. [A temporary limited appointment of a certified person with a disability pursuant to this section constitutes the persons examination as required by NRS 284.215.]
κ2023 Statutes of Nevada, Page 3574 (CHAPTER 532, SB 431)κ
of a certified person with a disability pursuant to this section constitutes the persons examination as required by NRS 284.215.]
4. An appointing authority shall not make a temporary limited appointment of a certified person with a disability pursuant to this section in any circumstance that the appointing authority determines would create an actual or potential conflict of interest between the certified person with the disability and the agency of the Executive Department of the State Government in which the position exists. For the purposes of this subsection, the receipt of benefits by the certified person with the disability from the agency of the Executive Department of the State Government in which the position exists shall not be deemed to create an actual or potential conflict of interest between the certified person with the disability and the agency.
5. Each appointing authority shall ensure that there is at least one person on the staff of the appointing authority who has training concerning:
(a) Making a temporary limited appointment of a certified person with a disability pursuant to this section; and
(b) The unique challenges a person with a disability faces in the workplace.
6. The Commission shall adopt regulations to carry out the provisions of subsections 1 and 2.
7. This section does not deter or prevent appointing authorities from employing:
(a) A person with a disability if the person is available and eligible for permanent employment.
(b) A person with a disability who is employed pursuant to the provisions of subsection 1 in permanent employment if the person qualifies for permanent employment before the termination of the persons temporary limited appointment.
8. If a person appointed pursuant to this section is subsequently appointed to a permanent position during or after the 700-hour period, the 700 hours or portion thereof counts toward the employees probationary period.
Sec. 101. (Deleted by amendment.)
Sec. 102. NRS 284.3775 is hereby amended to read as follows:
284.3775 1. Except as otherwise provided in this section, employees of the Supreme Court, employees of the Court of Appeals or employees in the unclassified service of the Executive Branch of the Government of the State of Nevada who have served for 4 consecutive months or more are entitled to transfer to a position having similar duties and compensation in the classified service of the State on the same basis as employees may transfer within the classified service from a position under one appointing authority to a position under another appointing authority.
2. An employee of the Legislative Branch of the Government of the State of Nevada who has served for 4 consecutive months or more is entitled to transfer to:
(a) Any position in the classified service of the State having similar duties and compensation; or
(b) Any other position in the classified service of the State for which the employee is qualified, without regard to the duties and compensation of the position.
Κ Except as otherwise provided in this subsection and subsection 6, such an employee is entitled to transfer to such a position on the same basis as employees may transfer within the classified service from a position under one appointing authority to a position under another appointing authority.
κ2023 Statutes of Nevada, Page 3575 (CHAPTER 532, SB 431)κ
employees may transfer within the classified service from a position under one appointing authority to a position under another appointing authority.
3. The benefit conferred by subsections 1 and 2 includes any [exemption from the taking of a competitive examination,] retention of credits for annual and sick leave, and priority [on] in the [lists] pools of eligible persons to the extent that such privileges are accorded to employees transferring within the classified service.
4. Except as otherwise provided in subsection 6, the benefits conferred by subsection 1 do not apply to an employee in the unclassified service who is the chief officer of a department or division.
5. Except as otherwise provided in this subsection and subsection 6, a person may not transfer pursuant to subsection 1 to a class composed of:
(a) Professionally qualified persons; or
(b) Officers and administrators who set broad policies and exercise responsibility for the execution of those policies.
Κ A person may transfer to a class described in paragraph (a) or (b) if that class is provided for pursuant to subsection 2 of NRS 284.155.
6. The restrictions provided in subsections 4 and 5 do not apply to:
(a) An employee of the Legislative Branch of Government; or
(b) An employee of the Supreme Court, an employee of the Court of Appeals or an employee in the unclassified service of the Executive Branch of Government whose appointment to that position was immediately preceded by an appointment in the classified service, except that an employee described in this paragraph may only transfer to a position in the classified service that has duties and compensation that are similar either to the employees current position or to a position the employee previously held in the classified service.
7. An employee in the classified service of the State who is granted leave without pay to accept a position in the Legislative Branch of Government during a regular or special session:
(a) Is entitled to be restored to the employees previous position in the classified service upon the completion of the legislative session without loss of seniority or benefits. Seniority must be calculated as if the employee had not taken the leave.
(b) Is eligible to fill vacancies in positions within the classified service to the extent that the employee would be eligible if the employee was not on leave from the employees position in the classified service.
8. An employee of the Legislative Branch of the Government of the State of Nevada who is employed at the conclusion of a regular session of the Legislature and is eligible at that time pursuant to subsection 2 to transfer to a position in the classified service of the State may transfer to such a position on or before November 1 following session notwithstanding the termination of the employees employment with the Legislative Branch of Government before that date.
9. For the purposes of this section, the weekly compensation of an employee of the Legislative Branch of Government who is paid a daily salary during a legislative session is seven times the daily salary.
Sec. 103. NRS 284.380 is hereby amended to read as follows:
284.380 1. In accordance with regulations, an appointing authority may lay off an employee in the classified service whenever the appointing authority deems it necessary by reason of shortage of work or money or of the abolition of a position or of other material changes in duties or organization.
κ2023 Statutes of Nevada, Page 3576 (CHAPTER 532, SB 431)κ
2. Among other factors, an appointing authority shall consider, in the manner provided by regulation, the status, seniority and service rating of employees in determining the order of layoffs.
3. Within a reasonable time before the effective date of a proposed layoff, the appointing authority shall give written notice thereof to the Administrator. The Administrator shall make such orders relating thereto as the Administrator considers necessary to secure compliance with the regulations.
4. The name of every regular employee so laid off must be placed [on] in an appropriate reemployment [list.] pool.
Secs. 104-108. (Deleted by amendment.)
Sec. 109. NRS 353.185 is hereby amended to read as follows:
353.185 The powers and duties of the Chief are:
1. To appraise the quantity and quality of services rendered by each agency in the Executive Department of the State Government, and the needs for such services and for any new services.
2. To develop plans for improvements and economies in organization and operation of the Executive Department, and to install such plans as are approved by the respective heads of the various agencies of the Executive Department, or as are directed to be installed by the Governor or the Legislature.
3. To cooperate with the State Public Works Division of the Department of Administration in developing comprehensive, long-range plans for capital improvements and the means for financing them.
4. To devise and prescribe the forms for reports on the operations of the agencies in the Executive Department to be required periodically from the several agencies in the Executive Department, and to require the several agencies to make such reports.
5. To prepare the executive budget report for the Governors approval and submission to the Legislature.
6. To prepare a proposed budget for the Executive Department of the State Government for the next 2 fiscal years, which must:
(a) Present a complete financial plan for the next 2 fiscal years;
(b) Set forth all proposed expenditures for the administration, operation and maintenance of the departments, institutions and agencies of the Executive Department of the State Government, including those operating on funds designated for specific purposes by the Constitution or otherwise, which must include a separate statement of:
(1) The anticipated expense, including personnel, for the operation and maintenance of each capital improvement to be constructed during the next 2 fiscal years and of each capital improvement constructed on or after July 1, 1999, which is to be used during those fiscal years or a future fiscal year; and
(2) The proposed source of funding for the operation and maintenance of each capital improvement, including personnel, to be constructed during the next 2 fiscal years;
(c) Set forth all charges for interest and debt redemption during the next 2 fiscal years;
(d) Set forth all expenditures for capital projects to be undertaken and executed during the next 2 fiscal years, and which must, to the extent practicable, provide that each capital project which exceeds a cost of $10,000,000 be scheduled to receive funding for design and planning during one biennium and funding for construction in the subsequent biennium; and
κ2023 Statutes of Nevada, Page 3577 (CHAPTER 532, SB 431)κ
$10,000,000 be scheduled to receive funding for design and planning during one biennium and funding for construction in the subsequent biennium; and
(e) Set forth the anticipated revenues of the State Government, and any other additional means of financing the expenditures proposed for the next 2 fiscal years.
7. To examine and approve work programs and allotments to the several agencies in the Executive Department, and changes therein [.] , in accordance with NRS 353.220.
8. To examine and approve statements and reports on the estimated future financial condition and the operations of the agencies in the Executive Department of the State Government and the several budgetary units that have been prepared by those agencies and budgetary units, before the reports are released to the Governor, to the Legislature or for publication.
9. To receive and deal with requests for information as to the budgetary status and operations of the executive agencies of the State Government.
10. To prepare such statements of unit costs and other statistics relating to cost as may be required from time to time, or requested by the Governor or the Legislature.
11. To do and perform such other and further duties relative to the development and submission of an adequate proposed budget for the Executive Department of the State Government of the State of Nevada as the Governor may require.
Sec. 110. NRS 353.220 is hereby amended to read as follows:
353.220 1. The head of any department, institution or agency of the Executive Department of the State Government, whenever he or she deems it necessary because of changed conditions, may request the revision of the work program of his or her department, institution or agency at any time during the fiscal year, and submit the revised program to the Governor through the Chief with a request for revision of the allotments for the remainder of that fiscal year.
2. Every request for revision must be submitted to the Chief on the form and with supporting information as the Chief prescribes.
3. Before encumbering any appropriated or authorized money, every request for revision must be approved or disapproved in writing by the Governor or the Chief, if the Governor has by written instrument delegated this authority to the Chief.
4. Except as otherwise provided in subsection 8, whenever a request for the revision of a work program of a department, institution or agency in an amount more than [$30,000] $75,000 would, when considered with all other changes in allotments for that work program made pursuant to subsections 1, 2 and 3 and NRS 353.215, increase or decrease by [10] 20 percent or [$75,000,] $350,000 whichever is less, the expenditure level approved by the Legislature for any of the allotments within the work program, the request must be approved as provided in subsection 5 before any appropriated or authorized money may be encumbered for the revision.
5. If a request for the revision of a work program requires additional approval as provided in subsection 4 and:
(a) Is necessary because of an emergency as defined in NRS 353.263 or for the protection of life or property, the Governor shall take reasonable and proper action to approve it and shall report the action, and his or her reasons for determining that immediate action was necessary, to the Interim Finance Committee at its first meeting after the action is taken. Action by the Governor pursuant to this paragraph constitutes approval of the revision, and other provisions of this chapter requiring approval before encumbering money for the revision do not apply.
κ2023 Statutes of Nevada, Page 3578 (CHAPTER 532, SB 431)κ
Governor pursuant to this paragraph constitutes approval of the revision, and other provisions of this chapter requiring approval before encumbering money for the revision do not apply.
(b) The Governor determines that the revision is necessary and requires expeditious action, he or she may certify that the request requires expeditious action by the Interim Finance Committee. Whenever the Governor so certifies, the Interim Finance Committee has 15 days after the request is submitted to its Secretary within which to consider the revision. Any request for revision which is not considered within the 15-day period shall be deemed approved.
(c) Does not qualify pursuant to paragraph (a) or (b), it must be submitted to the Interim Finance Committee. The Interim Finance Committee has 45 days after the request is submitted to its Secretary within which to consider the revision. Any request which is not considered within the 45-day period shall be deemed approved.
6. The Secretary shall place each request submitted pursuant to paragraph (b) or (c) of subsection 5 on the agenda of the next meeting of the Interim Finance Committee.
7. In acting upon a proposed revision of a work program, the Interim Finance Committee shall consider, among other things:
(a) The need for the proposed revision; and
(b) The intent of the Legislature in approving the budget for the present biennium and originally enacting the statutes which the work program is designed to effectuate.
8. The provisions of subsection 4 do not apply to any request for the revision of a work program which is required:
(a) As a result of the acceptance of a gift or grant of property or services pursuant to subsection 5 of NRS 353.335; or
(b) To carry forward to a fiscal year, without a change in purpose, the unexpended balance of any money authorized for expenditure in the immediately preceding fiscal year.
Secs. 111 and 112. (Deleted by amendment.)
Sec. 113. NRS 353.288 is hereby amended to read as follows:
353.288 1. The Account to Stabilize the Operation of the State Government is hereby created in the State General Fund. Except as otherwise provided in subsections 3 and 4, each year after the close of the previous fiscal year and before the issuance of the State Controllers annual report, the State Controller shall transfer from the State General Fund to the Account to Stabilize the Operation of the State Government:
(a) Forty percent of the unrestricted balance of the State General Fund, as of the close of the previous fiscal year, which remains after subtracting an amount equal to 7 percent of all appropriations made from the State General Fund during that previous fiscal year for the operation of all departments, institutions and agencies of State Government and for the funding of schools; and
(b) Commencing with the fiscal year that begins on July 1, 2017, 1 percent of the total anticipated revenue for the fiscal year in which the transfer will be made, as projected by the Economic Forum for that fiscal year pursuant to paragraph (e) of subsection 1 of NRS 353.228 and as adjusted by any legislation enacted by the Legislature that affects state revenue for that fiscal year.
κ2023 Statutes of Nevada, Page 3579 (CHAPTER 532, SB 431)κ
2. Money transferred pursuant to subsection 1 to the Account to Stabilize the Operation of the State Government is a continuing appropriation solely for the purpose of authorizing the expenditure of the transferred money for the purposes set forth in this section.
3. The balance in the Account to Stabilize the Operation of the State Government must not exceed [20] 26 percent of the total of all appropriations from the State General Fund for the operation of all departments, institutions and agencies of the State Government and for the funding of schools and authorized expenditures from the State General Fund for the regulation of gaming for the fiscal year in which that revenue will be transferred to the Account to Stabilize the Operation of the State Government.
4. Except as otherwise provided in this subsection and NRS 353.2735, beginning with the fiscal year that begins on July 1, 2003, the State Controller shall, at the end of each quarter of a fiscal year, transfer from the State General Fund to the Disaster Relief Account created pursuant to NRS 353.2735 an amount equal to not more than 10 percent of the aggregate balance in the Account to Stabilize the Operation of the State Government during the previous quarter. The State Controller shall not transfer more than $500,000 for any quarter pursuant to this subsection.
5. The Director of the Office of Finance in the Office of the Governor may submit a request to the State Board of Examiners to transfer money from the Account to Stabilize the Operation of the State Government to the State General Fund:
(a) If the total actual revenue of the State falls short by 5 percent or more of the total anticipated revenue for the biennium in which the transfer will be made, as determined by the Legislature, or the Interim Finance Committee if the Legislature is not in session; or
(b) If the Legislature, or the Interim Finance Committee if the Legislature is not in session, and the Governor declare that a fiscal emergency exists.
6. The State Board of Examiners shall consider a request made pursuant to subsection 5 and shall, if it finds that a transfer should be made, recommend the amount of the transfer to the Interim Finance Committee for its independent evaluation and action. The Interim Finance Committee is not bound to follow the recommendation of the State Board of Examiners.
7. If the Interim Finance Committee finds that a transfer recommended by the State Board of Examiners should and may lawfully be made, the Committee shall by resolution establish the amount and direct the State Controller to transfer that amount to the State General Fund. The State Controller shall thereupon make the transfer.
8. In addition to the manner of allocation authorized pursuant to subsections 5, 6 and 7, the money in the Account to Stabilize the Operation of the State Government may be allocated directly by the Legislature to be used for any other purpose.
Sec. 114. NRS 353.335 is hereby amended to read as follows:
353.335 1. Except as otherwise provided in subsections 5 and 6, a state agency may accept any gift or grant of property or services from any source only if it is included in an act of the Legislature authorizing expenditures of nonappropriated money or, when it is not so included, if it is approved as provided in subsection 2.
κ2023 Statutes of Nevada, Page 3580 (CHAPTER 532, SB 431)κ
2. If:
(a) Any proposed gift or grant is necessary because of an emergency as defined in NRS 353.263 or for the protection or preservation of life or property, the Governor shall take reasonable and proper action to accept it and shall report the action and his or her reasons for determining that immediate action was necessary to the Interim Finance Committee at its first meeting after the action is taken. Action by the Governor pursuant to this paragraph constitutes acceptance of the gift or grant, and other provisions of this chapter requiring approval before acceptance do not apply.
(b) The Governor determines that any proposed gift or grant would be forfeited if the State failed to accept it before the expiration of the period prescribed in paragraph (c), the Governor may declare that the proposed acceptance requires expeditious action by the Interim Finance Committee. Whenever the Governor so declares, the Interim Finance Committee has 15 days after the proposal is submitted to its Secretary within which to approve or deny the acceptance. Any proposed acceptance which is not considered within the 15-day period shall be deemed approved.
(c) The proposed acceptance of any gift or grant does not qualify pursuant to paragraph (a) or (b), it must be submitted to the Interim Finance Committee. The Interim Finance Committee has 45 days after the proposal is submitted to its Secretary within which to consider acceptance. Any proposed acceptance which is not considered within the 45-day period shall be deemed approved.
3. The Secretary shall place each request submitted to the Secretary pursuant to paragraph (b) or (c) of subsection 2 on the agenda of the next meeting of the Interim Finance Committee.
4. In acting upon a proposed gift or grant, the Interim Finance Committee shall consider, among other things:
(a) The need for the facility or service to be provided or improved;
(b) Any present or future commitment required of the State;
(c) The extent of the program proposed; and
(d) The condition of the national economy, and any related fiscal or monetary policies.
5. A state agency may accept:
(a) Gifts, including grants from nongovernmental sources, not exceeding [$20,000] $200,000 each in value; and
(b) Governmental grants not exceeding [$150,000] $200,000 each in value,
Κ if the gifts or grants are used for purposes which do not involve the hiring of new employees and if the agency has the specific approval of the Governor or, if the Governor delegates this power of approval to the Chief of the Budget Division of the Office of Finance, the specific approval of the Chief.
6. This section does not apply to:
(a) The Nevada System of Higher Education;
(b) The Department of Health and Human Services while acting as the state health planning and development agency pursuant to paragraph (d) of subsection 2 of NRS 439A.081 or for donations, gifts or grants to be disbursed pursuant to NRS 433.395 or 435.490;
(c) Legal services provided on a pro bono basis by an attorney or law firm engaged in the private practice of law to the State of Nevada or any officer, agency or employee in the Executive Department of the State Government pursuant to a contract for legal services entered into by or at the request of the Attorney General in accordance with NRS 228.112 to 228.1127, inclusive;
κ2023 Statutes of Nevada, Page 3581 (CHAPTER 532, SB 431)κ
Government pursuant to a contract for legal services entered into by or at the request of the Attorney General in accordance with NRS 228.112 to 228.1127, inclusive;
(d) Artifacts donated to the Department of Tourism and Cultural Affairs; [or]
(e) The initial $250,000 received by the Department of Wildlife pursuant to subsection 1 of NRS 501.3585 as a gift, donation, bequest or devise, or combination thereof, for an unanticipated emergency event, as defined in NRS 501.3585 [.] ; or
(f) A gift or grant that will be deposited in a budget account that consists of money which is not appropriated by or authorized for expenditure by the Legislature.
Sec. 115. (Deleted by amendment.)
Sec. 116. NRS 388.790 is hereby amended to read as follows:
388.790 1. The Commission on Educational Technology, consisting of 2 members who serve ex officio and 11 members who are appointed, is hereby created. The Superintendent of Public Instruction and the [Administrator of the Division of Enterprise Information Technology Services of the Department of Administration] Chief of the Office of the Chief Information Officer within the Office of the Governor shall serve ex officio as nonvoting members of the Commission.
2. The Governor shall appoint the following voting members to the Commission, at least two of whom must reside in a county whose population is less than 100,000:
(a) One administrator in a public school who possesses knowledge and experience in the general application of technology;
(b) One school teacher in a public elementary school who possesses knowledge and experience in the use of educational technology in the public schools;
(c) One school teacher in a public secondary school who possesses knowledge and experience in the use of educational technology in the public schools;
(d) One representative of public libraries who possesses knowledge and experience in the general application of technology;
(e) One representative of the Nevada System of Higher Education who possesses knowledge and experience in the use of educational technology in institutions of higher education;
(f) One representative of the private sector who possesses knowledge and experience in the use of technology; and
(g) One parent or legal guardian who possesses knowledge and experience in the general application of technology.
3. The Majority Leader of the Senate shall appoint two voting members to the Commission:
(a) One of whom is a member of the Senate; and
(b) One of whom is employed in the field of technology.
4. The Speaker of the Assembly shall appoint two voting members to the Commission:
(a) One of whom is a member of the Assembly; and
(b) One of whom is employed in the field of technology.
5. The Governor shall appoint a Chair among the voting members of the Commission.
κ2023 Statutes of Nevada, Page 3582 (CHAPTER 532, SB 431)κ
6. After the initial terms, the term of each member of the Commission is 2 years, commencing on January 1 of the year in which the member is appointed and expiring on December 31 of the immediately following year. A member shall continue to serve on the Commission until his or her successor is appointed. Upon the expiration of a term of a member, he or she may be reappointed if he or she still possesses any requisite qualifications for appointment. There is no limit on the number of terms that a member may serve.
7. The person or entity who appoints a member to the Commission may remove that member if the member neglects his or her duty or commits malfeasance in office, or for other just cause. Any vacancy in the membership of the Commission must be filled for the remainder of the unexpired term in the same manner as the original appointment.
8. The Commission shall hold at least four regular meetings each year and may hold special meetings at the call of the Chair.
9. Members of the Commission who are not Legislators serve without compensation, except that for each day or portion of a day during which a member of the Commission attends a meeting of the Commission or is otherwise engaged in the business of the Commission, the member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
10. For each day or portion of a day during which a member of the Commission who is a Legislator attends a meeting of the Commission or is otherwise engaged in the work of the Commission, except during a regular or special session of the Legislature, the Legislator is entitled to receive the:
(a) Compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding session;
(b) Per diem allowance provided for state officers and employees generally; and
(c) Travel expenses provided pursuant to NRS 218A.655.
Κ The compensation, per diem allowances and travel expenses of the legislative members of the Commission must be paid from the Legislative Fund.
Secs. 117-120. (Deleted by amendment.)
Sec. 121. NRS 408.55028 is hereby amended to read as follows:
408.55028 1. The Telecommunications Advisory Council is hereby created.
2. The Council consists of seven members appointed by the Governor. The Governor shall appoint to the Council:
(a) One member from the Office of Science, Innovation and Technology in the Office of the Governor;
(b) One member from the Department of Transportation;
(c) One member from the Department of Education;
(d) One member from the Nevada Office of Rural Health;
(e) One member from the Department of Public Safety;
(f) One member from the Nevada System of Higher Education; and
(g) One member from the [Division of Enterprise Information Technology Services of the Department of Administration.] Office of the Chief Information Officer within the Office of the Governor.
3. The member appointed from the Office of Science, Innovation and Technology in the Office of the Governor shall serve as the Chair of the Council.
κ2023 Statutes of Nevada, Page 3583 (CHAPTER 532, SB 431)κ
4. The Council shall meet as necessary at the call of the Chair.
5. The Director of the Office of Science, Innovation and Technology in the Office of the Governor shall provide staff support to the Council.
6. A majority of the members of the Council constitutes a quorum for the transaction of business.
7. The members of the Council receive no compensation for their services, but are entitled to be reimbursed for all travel and other expenses actually and necessarily incurred by them in the performance of their duties, within the limits of money available to the Council.
8. The members of the Council may request assistance from technical advisors as the Council deems necessary.
9. The Council shall:
(a) Provide information, advice, strategic plans, priorities and recommendations to assist the Department in administering access to rights-of-way to telecommunications providers for statewide telecommunications purposes;
(b) Assist the Department in valuing in-kind compensation pursuant to NRS 408.5501 to 408.55029, inclusive, and approve or deny any valuation thereof;
(c) Seek input from telecommunications providers and the public relating to broadband access;
(d) Coordinate and exchange information with other entities of this State and its political subdivisions relating to technology and telecommunications;
(e) Approve or deny any agreement between the Department and a telecommunications provider proposed pursuant to NRS 408.5502, if the Council finds that the agreement is competitively neutral and nondiscriminatory; and
(f) Provide other assistance as requested by the Department.
Secs. 122-129. (Deleted by amendment.)
Sec. 130. NRS 603A.217 is hereby amended to read as follows:
603A.217 Upon receipt of a well-founded petition, the Office of [Information Security of the Division of Enterprise Information Technology Services of the Department of Administration] the Chief Information Officer within the Office of the Governor may, pursuant to chapter 233B of NRS, adopt regulations which identify alternative methods or technologies which may be used to encrypt data pursuant to NRS 603A.215.
Secs. 131-141. (Deleted by amendment.)
Sec. 141.5. 1. There is hereby appropriated from the State General Fund to the Governor for salaries of staff and employees of the Office of the Governor for the following sums:
For the Fiscal Year 2023-2024.................................................... $900,000
For the Fiscal Year 2024-2025.................................................... $900,000
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the
κ2023 Statutes of Nevada, Page 3584 (CHAPTER 532, SB 431)κ
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. 141.7. The State Controller shall transfer from the State General Fund to the Account to Stabilize the Operation of the State Government created by NRS 353.288 the sum of $269,550,063.
Sec. 142. The amendatory provisions of this act do not apply to a collective bargaining agreement entered into before July 1, 2023, but do apply to any renewal or extension of such contract.
Sec. 143. The Legislative Counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
2. In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
Sec. 144. 1. Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.
2. Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
3. Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.
Sec. 145. 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. 146. NRS 284.172, 284.215, 284.220, 284.230 and 284.235 are hereby repealed.
Sec. 147. 1. This section and sections 113 and 141.7 of this act become effective upon passage and approval.
2. Sections 1 to 112, inclusive, 114 to 141.5, inclusive, and 142 to 146, inclusive, of this act become effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 3585κ
Senate Bill No. 364Senators Krasner, Goicoechea, Seevers Gansert; Flores, Hansen, D. Harris and Pazina
CHAPTER 533
[Approved: June 16, 2023]
AN ACT relating to cultural remains; requiring, under certain circumstances, a law enforcement agency to communicate with an Indian tribe or notify the Office of Historic Preservation of the State Department of Conservation and Natural Resources regarding certain human remains; requiring the Office to deliver certain regulations to the Legislative Counsel; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Office of Historic Preservation of the State Department of Conservation and Natural Resources to adopt regulations to carry out the provisions of existing law relating to the protection of Indian burial sites and historic and prehistoric sites. (NRS 383.440) Section 3 of this bill requires: (1) such regulations to incorporate the values, beliefs and traditions of the Indian tribes of this State and requires the Nevada Indian Commission to consult with Indian tribes on behalf of the Office and submit the results of the consultation to the Office; and (2) that the Office deliver such proposed regulations to the Legislative Counsel not later than December 31, 2023.
Section 1 of this bill provides that if a law enforcement agency goes to a location where human remains are found that are reasonably believed to be a native Indian, the law enforcement agency, as part of an investigation, is required to: (1) consult with a representative of an Indian tribe located within the county where the remains are found; or (2) notify the Office.
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 383 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a law enforcement agency goes to a location where human remains are found that are reasonably believed to be native Indian, the law enforcement agency must, as part of an investigation:
(a) Consult with a representative of an Indian tribe located within the county where the remains are found; or
(b) Notify the Office.
2. As used in this section, law enforcement agency has the meaning ascribed to it in NRS 289.010.
Sec. 2. (Deleted by amendment.)
Sec. 3. Not later than December 31, 2023:
1. The regulations adopted by the Office of Historic Preservation of the State Department of Conservation and Natural Resources pursuant to NRS 383.440 must incorporate the values, beliefs and traditions of the Indian tribes. The Nevada Indian Commission shall consult with Indian tribes on behalf of the Office to incorporate the values, beliefs and traditions of the Indian tribes as determined and conveyed by the members of the Indian tribes and submit the results of the consultation to the Office.
κ2023 Statutes of Nevada, Page 3586 (CHAPTER 533, SB 364)κ
Indian tribes as determined and conveyed by the members of the Indian tribes and submit the results of the consultation to the Office.
2. The Office shall deliver proposed regulations to the Legislative Counsel pursuant to NRS 233B.063 to carry out the provisions of NRS 383.150 to 383.440, inclusive, as required pursuant to NRS 383.440.
Sec. 4. This act becomes effective upon passage and approval.
________
Senate Bill No. 276Senators Lange; and Hammond
CHAPTER 534
[Approved: June 16, 2023]
AN ACT relating to collection agencies; requiring a collection agency to display certain information on the Internet website of the collection agency; authorizing a collection agent to work from a remote location under certain circumstances; revising certain terminology related to collection agencies; revising the entities required to obtain a license as a collection agency and the circumstances under which such a license is required; revising provisions governing certain records and an application for and the issuance of a license as a collection agency; revising the frequency of the determination of the amount of the bond or substitute for a bond that a collection agency is required to maintain; eliminating certain examinations; removing a requirement that a collection agency obtain a permit for a branch office; revising provisions relating to the application and issuance of a compliance managers certificate; prohibiting the compliance manager of a collection agency from being simultaneously employed by another collection agency or exempt entity as a compliance manager; exempting certain debt buyers from certain provisions governing collection agencies; revising provisions related to certain annual reports; prohibiting certain actions by a collection agency, compliance manager or collection agent; repealing certain provisions governing foreign collection agencies and certificates; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the licensure and regulation of collection agencies and collection agents. (Chapter 649 of NRS) Section 3 of this bill defines the term debt buyer to mean a person that is regularly engaged in the business of purchasing claims that have been charged off for the purpose of collecting such claims. Section 14 of this bill includes a debt buyer within the definition of collection agency, thereby requiring a debt buyer to obtain a license as a collection agency and comply with existing law governing collection agencies. Sections 18 and 39 of this bill authorize a debt buyer and an affiliate of the debt buyer to share a license. Sections 34, 35 and 38 of this bill exempt debt buyers from provisions of existing law governing the relationship between a collection agency and a customer when debt buyers do not also collect claims on behalf of parties who are not affiliated with the debt buyer.
κ2023 Statutes of Nevada, Page 3587 (CHAPTER 534, SB 276)κ
Section 5 of this bill defines the term remote location to mean a location separate from either the principal place of business or a branch office of a collection agency. Sections 7-10 of this bill establish requirements governing collection agents who work from remote locations. Specifically, section 10 requires a collection agency to maintain certain records concerning such collection agents. Before a collection agent begins working from a remote location, section 7 requires the collection agent to: (1) sign a written agreement to perform certain duties, authorize certain monitoring by the employer and refrain from certain activities while working from the remote location; (2) complete certain training; and (3) work for the collection agency for at least 7 days under direct oversight and mentoring from a supervisor. Section 8 of this bill requires the remote location from which a collection agent works to satisfy certain requirements to protect data and enable the collection agent to work safely and effectively. Section 8 also prohibits: (1) multiple collection agents who do not reside in the same residence from working from the same remote location; and (2) a collection agent from printing or storing physical records at a remote location. Section 9 of this bill requires a collection agency to develop and implement a written security policy for work from a remote location and sets forth certain requirements for the security policy. Section 10 imposes certain additional requirements relating to the work of collection agents from a remote location.
Section 13 of this bill revises the definition of the term claim to include any obligation for the payment of money or its equivalent that is delinquent or in default and assigned to a collection agency. Sections 33, 37 and 40 of this bill replace the term debt with claim to more accurately state the property interest on which the collection agency may act.
Section 14 revises the definition of the term collection agency to exclude certain financial institutions, employees of such institutions, persons collecting claims that they originated on their own behalf and various other persons and entities deemed not to be debt collectors under federal law, thereby exempting such persons and entities from requirements governing collection agencies. Section 15 of this bill amends the term collection agent to mean a person who performs certain activities on behalf of a collection agency outside the place of business of a collection agency, thereby exempting persons who do not act on behalf of a collection agency from requirements governing collection agents. Sections 2 and 4 of this bill define certain other terms. Section 12 of this bill makes a conforming change to indicate the proper placement of sections 2-5 in the Nevada Revised Statutes.
Section 18 prescribes the circumstances under which a person is required to obtain a license as a collection agency. Section 52 of this bill repeals provisions governing foreign collection agencies, thereby requiring such collection agencies to be licensed in the same manner as domestic collection agencies. Sections 17 and 48 of this bill make certain information provided to the Commissioner of Financial Institutions by an applicant for a license confidential. Sections 19 and 20 of this bill revise the required contents of an application to operate a collection agency. Sections 22, 24, 31 and 52 of this bill revise provisions governing the procedure for issuing a license or removing a business location from the place of business as stated in the license, including by removing a requirement that the Commissioner issue a physical license to a successful applicant.
Existing law requires a collection agency to employ a manager who is: (1) certified as a manager; and (2) jointly responsible for the operation of the collection agency. (NRS 649.035, 649.095, 649.305) Sections 16, 20, 26-30, 32, 36, 37, 40 and 51 of this bill revise the term manager to compliance manager. Section 16 also provides that a compliance manager is required to equally share responsibility only for the collection operation of the collection agency. Section 26 of this bill revises the requirements to apply for a compliance managers certificate. Section 30 of this bill prohibits a compliance manager from being employed as a compliance manager by more than one collection agency at a time, or by a collection agency and an exempt entity at the same time. Sections 22, 23, 29 and 52 of this bill remove a requirement that an applicant for a license to operate a collection agency pass an examination and references to that requirement.
κ2023 Statutes of Nevada, Page 3588 (CHAPTER 534, SB 276)κ
that an applicant for a license to operate a collection agency pass an examination and references to that requirement. Section 26.5 of this bill requires the Commissioner to waive the examination for a certificate as a compliance manager if the applicant and collection agency that employs the applicant hold certain certifications.
Existing law requires: (1) an applicant for a license to operate a collection agency to file a bond or an appropriate substitute with the Commissioner; and (2) the Commissioner to determine the appropriate amount of the bond or appropriate substitute 3 months after submission and semiannually thereafter. (NRS 649.105) Section 21 of this bill instead requires the Commissioner to review the amount of that bond or substitute annually.
Existing law requires an applicant to state the location of the business and to obtain a permit to operate a branch office. (NRS 649.095, 649.167) Section 25 of this bill removes the requirement to obtain a permit and instead requires a collection agency to notify the Commissioner of the location of the branch office. Section 29 of this bill makes a conforming change to remove the fees for the issuance and renewal of a permit to operate a branch office.
Existing law requires a license or certificate issued by the Commissioner to be displayed on the wall of the place of business of the collection agency. (NRS 649.315) Sections 6, 49 and 52 of this bill remove this requirement and instead require a collection agency to display its license number and the certificate identification number of the certificate issued to the compliance manager of the collection agency on an Internet website maintained by the collection agency.
Existing law requires a collection agency to submit a report to the Commissioner on or before January 31 of each year relating to the money due to all creditors by the collection agency and the total sum in the customer trust fund accounts of the collection agency. (NRS 649.345) Section 36 requires this report to be submitted on or before April 15 of each year.
Existing law prohibits a collection agency or its agents or employees from engaging in certain practices. (NRS 649.375) Section 40 additionally prohibits a collection agency or its compliance manager, agents or employees from: (1) filing a civil action to collect a debt when the collection agency, compliance manager, agent or employee knows or should know that the applicable limitation period for filing such an action has expired; and (2) selling an interest in a resolved claim or any personal or financial information related to the resolved claim. Any person who violates these provisions is guilty of a gross misdemeanor and subject to an administrative fine. (NRS 649.435, 649.440)
Existing law prescribes the time within which certain civil actions may be filed. (NRS 11.190) Existing law provides that, for an action based on indebtedness, the relevant time period begins on the date on which the last payment was made. (NRS 11.200) Section 41 of this bill provides that a payment made on a debt or certain other activity relating to the debt after the time period for filing an action based on a debt has expired does not revive the applicable limitation. Section 33 requires certain notice provided to a medical debtor to notify the debtor that such a payment does not revive the applicable limitation.
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 649 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. Collection activities means activities performed by a collection agency or collection agents related to the collection of or attempt to collect a claim.
κ2023 Statutes of Nevada, Page 3589 (CHAPTER 534, SB 276)κ
Sec. 3. Debt buyer means a person who is regularly engaged in the business of purchasing claims that have been charged off for the purpose of collecting such claims, including, without limitation, by personally collecting claims, hiring a third party to collect claims or hiring an attorney to engage in litigation for the purpose of collecting claims.
Sec. 4. Exempt entity means an entity described in paragraphs (b) to (k), inclusive, of subsection 2 of NRS 649.020.
Sec. 5. Remote location means a location separate from either the principal place of business or a branch office of a collection agency.
Sec. 6. A collection agency shall display on any Internet website maintained by the collection agency:
1. The license number issued to the collection agency by the Commissioner pursuant to NRS 649.135; and
2. The certificate identification number of the certificate issued to the compliance manager of the collection agency by the Commissioner pursuant to NRS 649.225.
Sec. 7. Before a collection agent begins working from a remote location, the collection agent must:
1. Sign a written agreement prepared by the collection agency that requires a collection agent working from a remote location to:
(a) Maintain data concerning debtors in a confidential manner and refrain from printing or otherwise reproducing such data into a physical record while working from the remote location;
(b) Read and comply with the security policy established pursuant to section 9 of this act and any policy to ensure the safety of the equipment of the collection agency that the collection agent is authorized to use;
(c) Review a description of the work that the collection agent is authorized to perform from the remote location and only perform work included in that description;
(d) Refrain from disclosing to a debtor that the collection agent is working from a remote location or that the remote location is a place of business of the collection agency;
(e) Authorize the employer to monitor the collection agent while he or she is working from the remote location, including, without limitation, recording any calls to and from the remote location relating to collection activities; and
(f) Refrain from conducting any activities related to his or her work with the collection agency with a debtor or customer in person at the remote location;
2. Complete a program of training regarding compliance with applicable laws and regulations, privacy, confidentiality, monitoring, security and any other issue relevant to the work the collection agent will perform from the remote location; and
3. Work for the collection agency under direct oversight and mentoring from a supervisor for at least 7 days.
Sec. 8. 1. The remote location from which a collection agent works must:
(a) Be capable of providing the same degree of oversight and monitoring of the collection agent as if the collection agent was working in the principal place of business or a branch office of the collection agency;
κ2023 Statutes of Nevada, Page 3590 (CHAPTER 534, SB 276)κ
(b) Be fully connected to the technological systems, including, without limitation, any computer system, of the office at the principal place of business or a branch office of the collection agency;
(c) Allow the collection agency to:
(1) Record calls made to and from the remote location; and
(2) Monitor calls to and from the remote location in real time;
(d) Be a private location where confidentiality can be maintained; and
(e) Have the equipment necessary for the collection agent to perform his or her work safely and effectively.
2. Each collection agent who works from a remote location must be connected to the principal place of business or a branch office of the collection agency in a manner that requires the collection agent to use unique credentials to access the technological systems of the collection agency.
3. Except as otherwise provided in this subsection, two or more collection agents shall not work from the same remote location. Two or more collection agents who reside in the same residence may each work remotely from that residence.
4. A collection agent shall not print or store any physical records of a collection agency at a remote location.
5. A remote location from which a collection agent works shall be deemed to be an extension of the principal place of business or branch office to which the collection agent is connected pursuant to paragraph (b) of subsection 1 for the purposes of this chapter and any other relevant purposes.
Sec. 9. 1. A collection agency shall develop and implement a written security policy for collection agents who work from a remote location to ensure that the data of debtors, customers and the collection agency is secure and protected from unauthorized disclosure, access, use, modification, duplication or destruction. The security policy must include, without limitation:
(a) Access to the technological systems of the collection agency through a virtual private network or other similar network or system which:
(1) Utilizes multifactor authentication, data encryption and frequent password changes; and
(2) Automatically locks a collection agent out of his or her account if suspicious activity is detected;
(b) A procedure to immediately update and repair any security network or system to ensure that current security technologies are utilized;
(c) A requirement to store all data of debtors, customers and the collection agency on designated drives that are safe, secure and expandable;
(d) A requirement that collection agents work on electronic devices that are secured with software and hardware protections including, without limitation, antivirus software and a firewall;
(e) A requirement that collection agents access any system of the collection agency through an electronic device that has been issued by the collection agency and a prohibition on using such an electronic device for personal purposes;
κ2023 Statutes of Nevada, Page 3591 (CHAPTER 534, SB 276)κ
(f) A procedure for the containment and disclosure of any breach of data that occurs, including, without limitation, the issuance of any disclosure that is required by law;
(g) A procedure for the protection of data during a natural disaster or other emergency that has the potential to impact the data or electronic devices of the collection agency at a remote location and the recovery of data after such a natural disaster or other emergency;
(h) A procedure for the secure disposal of data in accordance with any applicable law or contract;
(i) A procedure for conducting an annual risk assessment concerning the protection of the data of debtors, customers and the collection agency and a plan to implement new policies based on the results of the risk assessment; and
(j) Procedures to:
(1) Prevent a former collection agent from accessing any system of the collection agency; and
(2) Remotely disable or remove all data from an electronic device owned by the collection agency at the remote location.
2. A collection agency that complies with the requirements of 16 C.F.R. Part 314 satisfies the requirements of this section.
Sec. 10. 1. A collection agent working from a remote location shall comply with any applicable federal and state laws, including, without limitation, the provisions of this chapter, including, without limitation, NRS 649.335, and the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq.
2. A collection agency shall:
(a) Record calls performed by a collection agent conducting collection activities from a remote location and maintain such recordings for at least 3 years; and
(b) Monitor calls performed by a collection agent conducting collection activities from a remote location in real time on a regular basis.
3. A collection agency or collection agent shall not:
(a) Represent to any person that the collection agent is working independently of the collection agency;
(b) Use the remote location from which a collection agent is working and any related address, telephone number or facsimile number in advertising for the collection agency;
(c) Require or invite a debtor to come to a remote location from which a collection agent is working for the purpose of collection activities; or
(d) Hold out a remote location from which a collection agent is working in such a manner that a debtor is likely to believe that the remote location is the principal place of business or a branch office of the collection agency, including, without limitation, by receiving mail at the remote location, storing records at the remote location or stating to a debtor or customer that the collection agent is working from the remote location.
4. A collection agency shall:
(a) Maintain a record of collection agents who are authorized to work from a remote location which must include, for each such collection agent:
(1) The name, telephone number and electronic mail address of the collection agent; and
κ2023 Statutes of Nevada, Page 3592 (CHAPTER 534, SB 276)κ
(2) The address of the remote location;
(b) Maintain a record of equipment supplied to collection agents for use at a remote location;
(c) Review its policies and procedures governing remote work for compliance with sections 7 to 10, inclusive, of this act at least annually and upon request of the Commissioner; and
(d) Establish a procedure to ensure that a collection agent working from a remote location does so without acting in any illegal, unethical or unsafe manner.
Sec. 11. (Deleted by amendment.)
Sec. 12. NRS 649.005 is hereby amended to read as follows:
649.005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 649.010 to 649.042, inclusive, and sections 2 to 5, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 13. NRS 649.010 is hereby amended to read as follows:
649.010 Claim means any obligation for the payment of money or its equivalent that is past due [.] , delinquent or in default and assigned to a collection agency.
Sec. 14. NRS 649.020 is hereby amended to read as follows:
649.020 1. Collection agency means all persons engaging, directly or indirectly, and as a primary or a secondary object, business or pursuit, in the collection of or in soliciting or obtaining in any manner the payment of a claim owed or due or asserted to be owed or due to another.
2. Collection agency does not include any of the following unless they are conducting collection [agencies:] activities in a capacity other than that described in this subsection:
(a) [Individuals] Natural persons regularly employed by an exempt entity on a regular wage or salary [, in the capacity of credit men or in other similar capacity upon the staff of employees of any person] who, on behalf of the exempt entity, collect a claim owed to the exempt entity provided that such persons are not engaged in the business of a collection agency or making or attempting to make collections as an incident to the usual practices of their primary business or profession.
(b) Banks [.] , savings banks, credit unions, thrift companies or trust companies.
(c) Nonprofit cooperative associations.
(d) Unit-owners associations and the board members, officers, employees and units owners of those associations when acting under the authority of and in accordance with chapter 116 or 116B of NRS and the governing documents of the association, except for those community managers included within the term collection agency pursuant to subsection 3.
(e) Abstract companies doing an escrow business.
(f) Duly licensed real estate brokers, except for those real estate brokers who are community managers included within the term collection agency pursuant to subsection 3.
(g) Attorneys and counselors at law licensed to practice in this State, so long as they are retained by their clients to collect or to solicit or obtain payment of such clients claims in the usual course of the practice of their profession.
κ2023 Statutes of Nevada, Page 3593 (CHAPTER 534, SB 276)κ
(h) A mortgage servicer licensed pursuant to chapter 645F of NRS, except where such a mortgage servicer is attempting to collect a claim that was assigned when the relevant loan was in default.
(i) Any person collecting in his or her own name on a claim that he or she originated.
(j) Any person servicing a claim that he or she originated and sold.
(k) Any person or entity described in 15 U.S.C. § 1692a(6)(A) to 1692a(6)(F), inclusive.
3. Collection [agency:] agency includes:
(a) [Includes a] A community manager while engaged in the management of a common-interest community or the management of an association of a condominium hotel if the community manager, or any employee, agent or affiliate of the community manager, performs or offers to perform any act associated with the foreclosure of a lien pursuant to NRS 116.31162 to 116.31168, inclusive, or 116B.635 to 116B.660, inclusive; and
(b) [Does] A debt buyer.
4. Collection agency does not include any [other] community manager , other than a community manager described in paragraph (a) of subsection 3, while engaged in the management of a common-interest community or the management of an association of a condominium hotel.
[4.] 5. As used in this section:
(a) Community manager has the meaning ascribed to it in NRS 116.023 or 116B.050.
(b) Unit-owners association has the meaning ascribed to it in NRS 116.011 or 116B.030.
Sec. 15. NRS 649.025 is hereby amended to read as follows:
649.025 Collection agent means any person, [whether or not regularly employed at a regular wage or salary, who in the capacity of a credit man or in any other similar capacity] who, on behalf of a collection agency, makes a collection, solicitation or investigation of a claim at a place or location other than the business premises of the collection agency, but does not include:
1. Employees of a collection agency whose activities and duties are restricted to the business premises of the collection agency.
2. The individuals, corporations and associations enumerated in subsection 2 of NRS 649.020.
Sec. 16. NRS 649.035 is hereby amended to read as follows:
649.035 [Manager] Compliance manager means a person who:
1. Holds a compliance managers certificate;
2. Is designated as the compliance manager of a collection agency;
3. Shares equally with the holder of a license to conduct a collection agency the responsibility for the collection operation of the collection agency; and
4. Devotes a majority of the hours he or she works as an employee of the agency to the actual [management, operation and administration] oversight and compliance of that collection agency.
Sec. 17. NRS 649.065 is hereby amended to read as follows:
649.065 1. The Commissioner shall keep in the Office of the Commissioner, in a suitable record provided for the purpose, all applications for certificates, licenses and all bonds required to be filed under this chapter. The record must state the date of issuance or denial of the license or certificate and the date and nature of any action taken against any of them.
κ2023 Statutes of Nevada, Page 3594 (CHAPTER 534, SB 276)κ
2. All licenses and certificates issued must be sufficiently identified in the record.
3. All renewals must be recorded in the same manner as originals, except that, in addition, the number of the preceding license or certificate issued must be recorded.
4. Except [for confidential information contained therein, the record must be open for inspection as a public record in the Office of the Commissioner.] as otherwise provided in NRS 239.0115, any application and personal or financial records submitted by a person pursuant to the provisions of this chapter and any personal or financial records or other documents obtained by the Division of Financial Institutions of the Department of Business and Industry pursuant to an examination, audit or investigation conducted by the Division are confidential and may be disclosed only to:
(a) The Division, any authorized employee of the Division and any state or federal agency investigating activity covered by this chapter.
(b) The Department of Taxation for its use in carrying out the provisions of chapter 363C of NRS.
Sec. 18. NRS 649.075 is hereby amended to read as follows:
649.075 1. Except as otherwise provided in this section, a person shall not [conduct within this State a collection agency or] engage in the business of a collection agency within this State [in the business of collecting claims for others, or of soliciting the right to collect or receive payment for another of any claim, or advertise, or solicit, either in print, by letter, in person or otherwise, the right to collect or receive payment for another of any claim, or seek to make collection or obtain payment of any claim on behalf of another] without having first applied for and obtained a license as a collection agency from the Commissioner.
2. [A person is not required to obtain a license if the person holds a certificate of registration as a foreign collection agency issued by the Commissioner pursuant to NRS 649.171.] A person engages in the business of a collection agency in this State for the purposes of subsection 1 if the person is located:
(a) In this State and is seeking to collect a claim, regardless of whether the debtor resided or currently resides in this State or another state;
(b) In another state and is seeking to collect a claim from a debtor that resides in this State; or
(c) In another state and is seeking to collect a claim on behalf of a person or entity that resides in this State.
3. A person engaging in the business of a collection agency shall obtain a license for the office of the principal place of business of the person. A person is not required to obtain a license for a branch office or remote location.
4. A debt buyer may share a single license as a collection agency with a person affiliated with the debt buyer if the affiliated person does not engage in any collection activities other than purchasing claims.
Sec. 19. NRS 649.085 is hereby amended to read as follows:
649.085 Every individual applicant, every officer and director of a corporate applicant, and every member of a firm or partnership applicant for a license as a collection agency or collection agent must submit proof satisfactory to the Commissioner that he or she:
κ2023 Statutes of Nevada, Page 3595 (CHAPTER 534, SB 276)κ
1. Has a good reputation for honesty, trustworthiness and integrity and is competent to transact the business of a collection agency in a manner which protects the interests of the general public.
2. Has not had a collection agency license suspended or revoked within the 10 years immediately preceding the date of the application [.] , unless the license was suspended for a minor violation that did not harm a debtor and the license was subsequently restored.
3. Has not been convicted of, or entered a plea of nolo contendere to:
(a) A felony relating to the practice of collection agencies or collection agents; or
(b) Any crime involving fraud, misrepresentation or moral turpitude.
4. Has not made a false statement of material fact on the application.
5. Will maintain [one or more offices in this State or one or more offices in another state for the transaction of the business of his or her collection agency.] a physical office as the principal place of business. If a collection agent of the applicant will be working from a remote location, the principal place of business of the applicant must be located in the United States.
6. Has established a plan to ensure that his or her collection agency will provide the services of a collection agency adequately and efficiently.
Sec. 20. NRS 649.095 is hereby amended to read as follows:
649.095 1. An application for a license must be in writing and filed with the Commissioner on a form provided for that purpose.
2. The application must state:
(a) The name of the applicant and the name under which the applicant does business or expects to do business.
(b) The address of the applicants business and residence, including street and number.
(c) The character of the business sought to be carried on.
(d) [The] Except as otherwise provided in this paragraph, the locations by street and number where the business will be transacted [.] , including, without limitation, the location of any branch office. The application is not required to include any remote location from which a collection agent will work.
(e) In the case of a firm or partnership, the full names and residential addresses of all members or partners and the name and residential address of the compliance manager.
(f) In the case of a corporation or voluntary association, the name and residential address of each of the directors and officers and the name and residential address of the compliance manager.
(g) Any other information reasonably related to the applicants qualifications for the license which the Commissioner determines to be necessary.
(h) If the applicant plans to have one or more collection agents work from a remote location, evidence that the applicant is able to comply with the provisions of sections 7 to 10, inclusive, of this act.
(i) All information required to complete the application.
3. In addition to any other requirements, each applicant or member, partner, director, officer or compliance manager of an applicant shall submit to the Commissioner a complete set of fingerprints and written permission authorizing the Division of Financial Institutions of the Department of Business and Industry to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
κ2023 Statutes of Nevada, Page 3596 (CHAPTER 534, SB 276)κ
Business and Industry to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
4. The application must be subscribed by the applicant and acknowledged.
5. Every applicant may be examined concerning the applicants competency, experience, character and qualifications by the Commissioner or the Commissioners authorized agent, and if the examination reveals that the applicant lacks any of the required qualifications, issuance of the license must be denied. Every application must have attached to it a financial statement showing the assets, liabilities and net worth of the applicant.
6. The Commissioner shall consider an application to be withdrawn if the Commissioner has not received all information and fees required to complete the application within 6 months after the date the application is first submitted to the Commissioner or within such later period as the Commissioner determines in accordance with any existing policies of joint regulatory partners. If an application is deemed to be withdrawn pursuant to this subsection or if an applicant otherwise withdraws an application, the Commissioner may not issue a license to the applicant unless the applicant submits a new application and pays any required fees.
Sec. 21. NRS 649.105 is hereby amended to read as follows:
649.105 1. An applicant for a license must file with the Commissioner, concurrently with the application, a bond in the sum of $35,000, or an appropriate substitute pursuant to NRS 649.119, which must run to the State of Nevada. The bond must be made and executed by the principal and a surety company authorized to write bonds in the State of Nevada.
2. The bonds must be conditioned:
(a) That the principal, who must be the applicant, must, upon demand in writing, pay any customer from whom any claim for collection is received, the proceeds of the collection, in accordance with the terms of the agreement made between the principal and the customer; and
(b) That the principal must comply with all requirements of this or any other statute with respect to the duties, obligations and liabilities of collection agencies.
3. [Not later than 3 months after the issuance of the license and semiannually thereafter, the] The Commissioner shall annually determine the appropriate amount of bond or appropriate substitute which must be maintained by the licensee . [in] If applicable, such a determination must be in accordance with the licensees average monthly balance in the trust account maintained pursuant to NRS 649.355:
AMOUNT OF
AVERAGE MONTHLY BALANCE BOND REQUIRED
Less than $100,000........................................................................... $35,000
$100,000 or more but less than $150,000....................................... 40,000
$150,000 or more but less than $200,000....................................... 50,000
$200,000 or more................................................................................ 60,000
Sec. 22. NRS 649.135 is hereby amended to read as follows:
649.135 1. The Commissioner shall [enter an order approving the] approve an application for a license [,] and keep on file his or her findings of fact pertaining thereto [, and permit the applicant to take the required examination,] if the Commissioner finds that the applicant has met all the other requirements of this chapter pertaining to the applicants qualifications and application.
κ2023 Statutes of Nevada, Page 3597 (CHAPTER 534, SB 276)κ
examination,] if the Commissioner finds that the applicant has met all the other requirements of this chapter pertaining to the applicants qualifications and application.
2. Upon the approval of the application, the payment of any required fees and the submission of any required information, the Commissioner shall:
(a) Notify the applicant of the approval and issue a unique license number to the applicant; and
(b) Update any applicable public record maintained by the Commissioner to show that the person holds an active license that authorizes the person to conduct collection activities in this State.
Sec. 23. NRS 649.155 is hereby amended to read as follows:
649.155 1. If the Commissioner finds that any application or applicant for a collection agency license does not meet the requirements of NRS 649.135 , [or the applicant fails to pass the required examination,] the Commissioner shall enter an order denying the application.
2. Within 10 days after the entry of such an order, the Commissioner shall mail or deliver to the applicant written notice of the denial in which all the reasons for such denial are stated.
Sec. 24. NRS 649.165 is hereby amended to read as follows:
649.165 Upon [receipt] notification of the [license,] approval of the application by the Commissioner pursuant to NRS 649.135, the licensee shall have the right to conduct the business of a collection agency with all the powers and privileges contained in, but subject to, the provisions of this chapter.
Sec. 25. NRS 649.167 is hereby amended to read as follows:
649.167 1. [A collection agency licensed in this State may apply to the Commissioner for a permit] A license as a collection agency granted pursuant to NRS 649.135 is valid for the principal place of business and any branch office of the licensee.
2. Immediately upon beginning to operate a branch office [in this State] in a location not [previously approved by its license.
2. The Commissioner shall not issue a permit for a branch office until the principal office of the collection agency has been examined by the Commissioner and found to be satisfactory.
3. A branch office must have a manager on the premises during regular business hours.
4. The Commissioner shall adopt regulations concerning an application for a permit to operate a branch office.] provided to the Commissioner on the application submitted pursuant to NRS 649.095, a collection agency shall notify the Commissioner in writing of the location of the branch office.
Sec. 26. NRS 649.196 is hereby amended to read as follows:
649.196 1. Each applicant for a compliance managers certificate must submit proof satisfactory to the Commissioner that the applicant:
(a) Is at least 21 years of age.
(b) Has a good reputation for honesty, trustworthiness and integrity and is competent to [transact the business] oversee the compliance of a collection agency in a manner which protects the interests of the general public. An applicant may demonstrate competency to oversee the compliance of a collection agency by:
κ2023 Statutes of Nevada, Page 3598 (CHAPTER 534, SB 276)κ
(1) Holding a certification from a national association that is a nonprofit organization with expertise in the business of collections, compliance or financial services;
(2) Having 3 years of experience working in compliance for a collection agency;
(3) Holding a professional degree or accreditation relating to compliance of a collection agency; or
(4) Serving as a compliance manager on or before October 1, 2023.
(c) Has not committed any of the acts specified in NRS 649.215.
(d) Has not had a collection agency license or compliance managers certificate suspended or revoked within the 10 years immediately preceding the date of filing the application [.] , unless the license or certificate was suspended for a minor violation that did not harm a debtor and was subsequently restored.
(e) Has not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.
(f) Has had not less than 2 years full-time experience with a collection agency in the collection of accounts [assigned by creditors who were not affiliated with the collection agency except as assignors of accounts.] or with a financial institution or as a compliance manager. At least 1 year of the 2 years of experience must have been within the 18-month period preceding the date of filing the application.
2. Each applicant must:
(a) Pass the examination or reexamination provided for in NRS 649.205 [.
(b)] , unless the examination or reexamination is waived pursuant to subsection 4 of NRS 649.205.
(b) Pay the required fees.
[(c) Submit, in such form as the Commissioner prescribes:
(1) Three recent photographs; and
(2) Three complete sets of fingerprints which the Commissioner may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
(d)] (c) Submit such [other] information reasonably related to his or her qualifications for the compliance managers certificate as the Commissioner determines to be necessary.
3. The Commissioner may refuse to issue a compliance managers certificate if the applicant does not meet the requirements of subsections 1 and 2.
4. If the Commissioner refuses to issue a compliance managers certificate pursuant to this section, the Commissioner shall notify the applicant in writing by certified mail stating the reasons for the refusal. The applicant may submit a written request for a hearing within 20 days after receiving the notice. If the applicant fails to submit a written request within the prescribed period, the Commissioner shall enter a final order.
5. The Commissioner shall consider an application to be withdrawn if the Commissioner has not received all information and fees required to complete the application within 6 months after the date the application is first submitted to the Commissioner or within such later period as the Commissioner determines in accordance with any existing policies of joint regulatory partners. If an application is deemed to be withdrawn pursuant to this subsection or if an applicant otherwise withdraws an application, the Commissioner may not issue a [license] certificate to the applicant unless the applicant submits a new application and pays any required fees.
κ2023 Statutes of Nevada, Page 3599 (CHAPTER 534, SB 276)κ
Commissioner may not issue a [license] certificate to the applicant unless the applicant submits a new application and pays any required fees.
Sec. 26.5. NRS 649.205 is hereby amended to read as follows:
649.205 1. The Commissioner shall provide for compliance managers examinations at such times and places as the Commissioner may direct, at least twice each year.
2. The examinations must be of a length, scope and character which the Commissioner deems reasonably necessary to determine the fitness of the applicants to act as compliance managers of collection agencies.
3. If an applicant does not pass the examination, the applicant must reapply to take the examination and pay a reexamination fee of not more than $100 for each subsequent examination. The Commissioner shall adopt regulations establishing the amount of the reexamination fee required pursuant to this subsection.
4. If the applicant and collection agency that employs or seeks to employ the applicant are both certified by a national association that is a nonprofit with expertise in the business of collections which the Commissioner determines proves the competence of the applicant, the Commissioner must waive the examination for the applicant.
5. The Commissioner may make such rules and regulations as may be necessary to carry out the purposes of this section.
Sec. 27. NRS 649.215 is hereby amended to read as follows:
649.215 The Commissioner may refuse to permit an applicant for a compliance managers certificate to take the examination, or, after a hearing, may suspend or revoke a compliance managers certificate if the applicant or compliance manager has:
1. Committed or participated in any act which, if committed or done by a licensee, would be grounds for the suspension or revocation of a license.
2. Been refused a license or certificate pursuant to this chapter or had such a license or certificate suspended or revoked.
3. Participated in any act, which act was a basis for the refusal or revocation of a collection agency license.
4. Falsified any of the information submitted to the Commissioner in support of an application pursuant to this chapter.
5. Impersonated, or permitted or aided and abetted another to impersonate, a law enforcement officer or employee of the United States, a state or any political subdivision thereof.
6. Made any statement in connection with his or her employment with a collection agency with the intent to give an impression that he or she was a law enforcement officer of the United States, a state or political subdivision thereof.
Sec. 28. NRS 649.225 is hereby amended to read as follows:
649.225 1. The Commissioner shall issue a compliance managers certificate to any applicant who meets the requirements of this chapter for the certificate. Each certificate must have a unique identification number.
2. Each compliance manager holding a compliance managers certificate issued pursuant to this chapter shall notify the Commissioner in writing of any change in his or her residence address within 10 days after the change.
Sec. 29. NRS 649.295 is hereby amended to read as follows:
649.295 1. A nonrefundable fee of not more than $500 for the application [and survey] must accompany each new application for a license as a collection agency.
κ2023 Statutes of Nevada, Page 3600 (CHAPTER 534, SB 276)κ
as a collection agency. Each applicant shall also pay any additional expenses incurred in the process of investigation. All money received by the Commissioner pursuant to this subsection must be placed in the Investigative Account created by NRS 232.545.
2. A fee of not less than $200 or more than $600, prorated on the basis of the licensing year as provided by the Commissioner, must be charged for each original license issued. A fee of not more than $500 must be charged for each annual renewal of a license.
3. A fee of not more than $20 must be charged for each [duplicate license or] license for a transfer of location issued.
4. A nonrefundable application fee of not more than $500 and a nonrefundable investigation fee of not more than $150 must accompany each application for a compliance managers certificate.
5. A fee of not more than $40 must be charged for each compliance managers certificate issued and for each annual renewal of such a certificate.
6. A fee of not more than $60 must be charged for the reinstatement of a compliance managers certificate.
7. A fee of not more than $10 must be charged for each day an application for the renewal of a license or certificate, or a required report, is filed late, unless the fee or portion thereof is excused by the Commissioner for good cause shown.
8. [A nonrefundable fee of not more than $250 for the application and an examination must accompany each application for a permit to operate a branch office of a licensed collection agency. A fee of not more than $500 must be charged for each annual renewal of such a permit.
9.] For each examination the Commissioner shall charge and collect from the licensee a fee for conducting the examination and preparing and typing the report of the examination at the rate established and, if applicable, adjusted pursuant to NRS 658.101. Failure to pay the fee within 30 days after receipt of the bill is a ground for revoking the collection agencys license.
[10.] 9. Except as otherwise provided in NRS 658.101, the Commissioner shall adopt regulations establishing the amount of the fees required pursuant to this section.
[11.] 10. Except as otherwise provided in subsection 1, all money received by the Commissioner pursuant to this chapter must be deposited in the State Treasury pursuant to the provisions of NRS 658.091.
Sec. 30. NRS 649.305 is hereby amended to read as follows:
649.305 1. No collection agency may operate its business without a compliance manager who holds a valid compliance managers certificate issued under the provisions of this chapter.
2. Except as otherwise provided in this subsection, a compliance manager must not be employed as a compliance manager by more than one collection agency or employed by a collection agency and an exempt entity at the same time. A compliance manager may be simultaneously employed as a compliance manager by a collection agency and an affiliate of that collection agency.
Sec. 31. NRS 649.325 is hereby amended to read as follows:
649.325 1. A collection agency shall not remove its business location from the place of business as stated in the [license] record of the licensee except upon prior approval by the Commissioner in writing.
κ2023 Statutes of Nevada, Page 3601 (CHAPTER 534, SB 276)κ
2. If the removal is approved, the Commissioner shall note the change [upon the face of the license and enter in his or her records a notation of that change.] in the record of the licensee.
Sec. 32. NRS 649.330 is hereby amended to read as follows:
649.330 1. A collection agency shall immediately notify the Commissioner of any change:
(a) Of the compliance manager of the agency; or
(b) If the agency is a corporation, in the ownership of 5 percent or more of its outstanding voting stock.
2. An application must be submitted to the Commissioner, pursuant to NRS 649.095, by:
(a) The person who replaces the compliance manager; and
(b) A person who acquires:
(1) At least 25 percent of the outstanding voting stock of an agency; or
(2) Any outstanding voting stock of an agency if the change will result in a change in the control of the agency.
Κ Except as otherwise provided in subsection 4, the Commissioner shall conduct an investigation to determine whether the applicant has the competence, experience, character and qualifications necessary for the licensing of a collection agency. If the Commissioner denies the application, the Commissioner may [in his or her order] forbid the applicant from participating in the business of the collection agency.
3. The collection agency with which the applicant is affiliated shall pay such expenses incurred in the investigation as the Commissioner deems necessary. All money received by the Commissioner pursuant to this subsection must be placed in the Investigative Account created by NRS 232.545.
4. A collection agency may submit a written request to the Commissioner to waive an investigation pursuant to subsection 2. The Commissioner may grant a waiver if the applicant has undergone a similar investigation by a state or federal agency in connection with the licensing of or the applicants employment with a financial institution.
Sec. 33. NRS 649.332 is hereby amended to read as follows:
649.332 1. To verify a [debt,] claim, a collection agency shall:
(a) Obtain or attempt to obtain from the creditor any document that is not in the possession of the collection agency and is reasonably responsive to the dispute of the debtor, if any; and
(b) If such a document is obtained, mail the document to the debtor.
2. When collecting a [debt] claim on behalf of a hospital, within 5 days after the initial communication with the debtor in connection with the collection of the [debt,] claim, a collection agency shall, unless the following information is included in the initial communication, send a written notice to the debtor that includes a statement indicating that:
(a) If the debtor pays or agrees to pay the [debt] claim or any portion of the [debt,] claim, the payment or agreement to pay [may] :
(1) May be construed as [:
(1) An] an acknowledgment of the [debt] claim by the debtor; and
(2) [A] As provided in NRS 11.200, does not constitute a waiver by the debtor of any applicable statute of limitations set forth in NRS 11.190 that otherwise precludes the collection of the [debt;] claim; and
κ2023 Statutes of Nevada, Page 3602 (CHAPTER 534, SB 276)κ
(b) If the debtor does not understand or has questions concerning his or her legal rights or obligations relating to the [debt,] claim, the debtor should seek legal advice.
3. As used in this section, hospital has the meaning ascribed to it in NRS 449.012.
Sec. 34. NRS 649.334 is hereby amended to read as follows:
649.334 1. The terms and conditions of any written agreement between a collection agency and a customer must be specific, intelligible and unambiguous. In the absence of a written agreement, unless the conduct of the parties indicates a different mutual understanding, the understanding of the customer concerning the terms of the agreement must govern in any dispute between the customer and the collection agency.
2. Unless a written agreement between the parties otherwise provides, any money collected on a claim, after court costs have been recovered, must first be credited to the principal amount of the claim. Any interest charged and collected on the claim must be allocated pursuant to the agreement between the customer and the collection agency.
3. Except with the consent of its customer, a collection agency shall not accept less than the full amount of a claim in settlement of an assigned claim.
4. A collection agency shall, at the time it remits to the customer the money it collected on behalf of the customer, give each customer an accounting in writing of the money it collected on behalf of the customer in connection with a claim.
5. This section does not apply to a debt buyer who is not also collecting claims on behalf of parties who are not affiliated with the debt buyer.
Sec. 35. NRS 649.3345 is hereby amended to read as follows:
649.3345 1. Unless a written agreement between the parties otherwise provides, a customer may withdraw, without obligation, any claim assigned to a collection agency at any time 6 months after the date of the assignment if:
(a) The customer gives written notice of the withdrawal to the collection agency not less than 60 days before the effective date of the withdrawal; and
(b) The claim is not in the process of being collected.
2. As used in this section, in the process of being collected, means that:
(a) A payment on the claim has been received after the date of the assignment;
(b) An action on the claim has been filed by or on behalf of the collection agency;
(c) The claim has been forwarded to another collection agency for collection;
(d) A lawful and sufficient claim or notice of lien has been filed by the collection agency on behalf of the customer to ensure payment from money distributed in connection with the probate of an estate, proceeding in bankruptcy, assignment for the benefit of creditors or any similar proceeding; or
(e) The collection agency has obtained from the debtor an enforceable written promise to make payment.
3. Upon the withdrawal of any claim, the collection agency shall return to the customer any documents, records or other items relating to the claim that have been supplied by the customer.
κ2023 Statutes of Nevada, Page 3603 (CHAPTER 534, SB 276)κ
4. This section does not apply to a debt buyer who is not also collecting claims on behalf of parties who are not affiliated with the debt buyer.
Sec. 36. NRS 649.345 is hereby amended to read as follows:
649.345 1. Each licensed collection agency shall file with the Commissioner a written report, signed and sworn to by its compliance manager, no later than [January 31] April 15 of each year, unless the Commissioner determines that there is good cause for later filing of the report. The report must include:
(a) [The] If applicable, the total sum of money due to all creditors as of the close of the last business day of the preceding month.
(b) [The] If applicable, the total sum on deposit in customer trust fund accounts and available for immediate distribution as of the close of the last business day of the preceding month, the title of the trust account or accounts, and the name of the banks or credit unions where the money is deposited.
(c) [The] If applicable, the total amount of creditors or forwarders share of money collected more than 60 days before the last business day of the preceding month and not remitted by that date.
(d) When the total sum under paragraph (c) exceeds $10, the name of each creditor or forwarder and the respective share of each in that sum.
(e) Such other information, audit or reports as the Commissioner may require.
2. The filing of any report required by this section which is known by the collection agency to contain false information or statements constitutes grounds for the suspension of the agencys license or the compliance managers certificate, or both.
Sec. 37. NRS 649.347 is hereby amended to read as follows:
649.347 1. Each licensed collection agency shall file with the Commissioner a written report not later than January 31 of each year, unless the Commissioner determines that there is good cause for later filing of the report. The report must include:
(a) The number of cases in which the collection agency collected a [debt] claim for a unit-owners association during the immediately preceding year;
(b) The name of each unit-owners association for which the collection agency collected a [debt] claim during the immediately preceding year and the amount of money collected for each such unit-owners association;
(c) The total amount of money collected by the collection agency for unit-owners associations during the immediately preceding year;
(d) The zip code of each debtor from whom the collection agency collected a [debt] claim for a unit-owners association during the immediately preceding year; and
(e) A statement, signed by the compliance manager of the collection agency, affirming that the collection agency did not collect a [debt] claim against any person during the immediately preceding year in violation of the provisions of paragraph (i) of subsection 1 of NRS 649.375.
2. As used in this section, unit-owners association has the meaning ascribed to it in NRS 116.011 or 116B.030.
κ2023 Statutes of Nevada, Page 3604 (CHAPTER 534, SB 276)κ
Sec. 38. NRS 649.355 is hereby amended to read as follows:
649.355 1. Every collection agency and collection agent shall openly, fairly and honestly conduct the collection agency business and shall at all times conform to the accepted business ethics and practices of the collection agency business.
2. Every licensee shall at all times maintain a separate account in a bank or credit union in which must be deposited all money collected. [Except as otherwise provided in regulations adopted by the Commissioner pursuant to NRS 649.054, the] The account must be maintained in a bank or credit union located in this State and bear some title sufficient to distinguish it from the licensees personal or general checking account and to designate it as a trust account, such as customers trust fund account. The trust account must at all times contain sufficient money to pay all money due or owing to all customers, and no disbursement may be made from the account except to customers or to pay costs advanced for those customers, except that a licensee may periodically withdraw from the account such money as may accrue to the licensee from collections deposited or from adjustments resulting from costs advanced and payments made directly to customers.
3. Every licensee maintaining a separate custodial or trust account shall keep a record of all money deposited in the account, which must indicate clearly the date and from whom the money was received, the date deposited, the dates of withdrawals and other pertinent information concerning the transaction, and must show clearly for whose account the money is deposited and to whom the money belongs. The money must be remitted to the creditors respectively entitled thereto within 30 days following the end of the month in which payment is received. The records and money are subject to inspection by the Commissioner or the Commissioners authorized representative. The records must be maintained at the premises in this State at which the licensee is authorized to conduct business.
4. If the Commissioner finds that a licensees records are not maintained pursuant to subsections 2 and 3, the Commissioner may require the licensee to deliver an audited financial statement prepared from his or her records by a certified public accountant who holds a certificate to engage in the practice of public accounting in this State. The statement must be submitted within 60 days after the Commissioner requests it. The Commissioner may grant a reasonable extension for the submission of the financial statement if an extension is requested before the statement is due.
5. Subsections 2, 3 and 4 do not apply to a debt buyer who is not also collecting claims on behalf of parties who are not affiliated with the debt buyer.
Sec. 39. NRS 649.365 is hereby amended to read as follows:
649.365 1. A collection agency licensed under this chapter must obtain the approval of the Commissioner before using or changing a business name.
2. A collection agency licensed under this chapter shall not:
(a) [Use] Except as authorized for a debt buyer in NRS 649.075, use any business name which is identical or similar to a business name used by another collection agency licensed under this chapter or which may mislead or confuse the public.
κ2023 Statutes of Nevada, Page 3605 (CHAPTER 534, SB 276)κ
(b) Use any printed forms which may mislead or confuse the public.
(c) Use the term credit bureau in its name unless it operates a bona fide credit bureau in conjunction with its collection agency business. For purposes of this paragraph, credit bureau means any person engaged in gathering, recording and disseminating information relative to the creditworthiness, financial responsibility, paying habits or character of persons being considered for credit extension for prospective creditors.
Sec. 40. NRS 649.375 is hereby amended to read as follows:
649.375 1. A collection agency, or its compliance manager, agents or employees, shall not:
(a) Use any device, subterfuge, pretense or deceptive means or representations to collect any [debt,] claim, nor use any collection letter, demand or notice which simulates a legal process or purports to be from any local, city, county, state or government authority or attorney.
(b) Collect or attempt to collect any interest, charge, fee or expense incidental to the principal obligation unless:
(1) Any such interest, charge, fee or expense as authorized by law or contract or as agreed to by the parties has been added to the principal of the [debt] claim by the creditor before receipt of the item of collection;
(2) Any such interest, charge, fee or expense as authorized by law or contract or as agreed to by the parties has been added to the principal of the [debt] claim by the collection agency and described as such in the first written communication with the debtor; or
(3) The interest, charge, fee or expense has been judicially determined as proper and legally due from and chargeable against the debtor.
(c) Assign or transfer any claim or account upon termination or abandonment of its collection business unless prior written consent by the customer is given for the assignment or transfer. The written consent must contain an agreement with the customer as to all terms and conditions of the assignment or transfer, including the name and address of the intended assignee. Prior written consent of the Commissioner must also be obtained for any bulk assignment or transfer of claims or accounts, and any assignment or transfer may be regulated and made subject to such limitations or conditions as the Commissioner by regulation may reasonably prescribe.
(d) Operate its business or solicit claims for collection from any location, address or post office box other than that listed on its license or as may be prescribed by the Commissioner [.] , except for employees of a collection agency working from a remote location pursuant to sections 7 to 10, inclusive, of this act.
(e) Harass a debtors employer in collecting or attempting to collect a claim, nor engage in any conduct that constitutes harassment as defined by regulations adopted by the Commissioner.
(f) Advertise for sale or threaten to advertise for sale any claim as a means to enforce payment of the claim, unless acting under court order.
(g) Publish or post, or cause to be published or posted, any list of debtors except for the benefit of its stockholders or membership in relation to its internal affairs.
(h) Conduct or operate, in conjunction with its collection agency business, a debt counseling or prorater service for a debtor who has incurred a [debt] claim primarily for personal, family or household purposes whereby the debtor assigns or turns over to the counselor or prorater any of the debtors earnings or other money for apportionment and payment of the [debtors debts] claim or obligations [.]
κ2023 Statutes of Nevada, Page 3606 (CHAPTER 534, SB 276)κ
the debtor assigns or turns over to the counselor or prorater any of the debtors earnings or other money for apportionment and payment of the [debtors debts] claim or obligations [.] of the debtor. This section does not prohibit the conjunctive operation of a business of commercial debt adjustment with a collection agency if the business deals exclusively with the collection of commercial debt.
(i) Collect a [debt] claim from a person who owes fees to:
(1) A unit-owners association, if the collection agency is:
(I) Owned or operated by or is an affiliate of a person or entity who is the community manager for the unit-owners association; or
(II) Owned or operated by a relative of a person who is the community manager for the unit-owners association.
(2) A person or entity who is an operator of a tow car, if the collection agency is:
(I) Owned or operated by or is an affiliate of a person or entity who is the operator of a tow car; or
(II) Owned or operated by a relative of a person who is the operator of a tow car.
(3) A person or entity who engages in the business of, acts in the capacity of or assumes to act as a property manager of an apartment building, if the collection agency is:
(I) Owned or operated by or is an affiliate of the person or entity who engages in the business of, acts in the capacity of or assumes to act as the property manager of an apartment building; or
(II) Owned or operated by a relative of the person who engages in the business of, acts in the capacity of or assumes to act as the property manager of an apartment building.
(j) File a civil action to collect a debt when the collection agency, compliance manager, agent or employee knows or should know that the applicable limitation period for filing such an action has expired.
(k) Sell an interest in a resolved claim or any personal or financial information related to the resolved claim.
2. As used in this section:
(a) Affiliate means a person who directly or indirectly, through one or more intermediaries, controls or is controlled by or is under common control with another designated person.
(b) Community manager has the meaning ascribed to it in NRS 116.023 or 116B.050.
(c) Operator of a tow car means a person or entity required by NRS 706.4463 to obtain a certificate of public convenience and necessity.
(d) Property manager has the meaning ascribed to it in NRS 645.0195.
(e) Relative means a person who is related by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity.
(f) Unit-owners association has the meaning ascribed to it in NRS 116.011 or 116B.030.
Sec. 41. NRS 11.200 is hereby amended to read as follows:
11.200 1. The time in NRS 11.190 shall be deemed to date from the last transaction or the last item charged or last credit given; and whenever any payment on principal or interest has been or shall be made upon an existing contract, whether it be a bill of exchange, promissory note or other evidence of indebtedness if such payment be made after the same shall have become due, the limitation shall commence from the time the last payment was made.
κ2023 Statutes of Nevada, Page 3607 (CHAPTER 534, SB 276)κ
existing contract, whether it be a bill of exchange, promissory note or other evidence of indebtedness if such payment be made after the same shall have become due, the limitation shall commence from the time the last payment was made.
2. Notwithstanding any other provision of law, any payment on a debt, affirmation of a debt or other activity taken relating to a debt by a debtor after the time in NRS 11.190 has expired does not revive the applicable limitation.
Secs. 42-47. (Deleted by amendment.)
Sec. 48. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.
κ2023 Statutes of Nevada, Page 3608 (CHAPTER 534, SB 276)κ
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 649.095, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
κ2023 Statutes of Nevada, Page 3609 (CHAPTER 534, SB 276)κ
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
4. If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium. Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 49. Section 6 of this act is hereby amended to read as follows:
Sec. 6. 1. A collection agency shall display on any Internet website maintained by the collection agency:
[1.] (a) The [license number issued to] unique identifier registered with the Registry for the collection agency . [by the Commissioner pursuant to NRS 649.135; and
2.] (b) The certificate identification number of the certificate issued to the compliance manager of the collection agency by the Commissioner pursuant to NRS 649.225.
(c) The unique identifier registered with the Registry for the compliance manager of the collection agency.
2. As used in this section, unique identifier has the meaning ascribed to it in NRS 649.281.
Sec. 50. 1. Notwithstanding the amendatory provisions of this act, a debt buyer who is operating in this State on October 1, 2023, may continue such operations until January 1, 2024, without applying for a license as a collection agency pursuant to NRS 649.095, as amended by section 20 of this act. If the debt buyer applies for such a license on or before January 1, 2024, the debt buyer may continue such operation in this State without holding such a license until the license is issued or the application is denied.
κ2023 Statutes of Nevada, Page 3610 (CHAPTER 534, SB 276)κ
2. The amendatory provisions of this act do not apply to an action or arbitration commenced or a judgment entered before October 1, 2023.
3. As used in this section:
(a) Collection agency has the meaning ascribed to it in NRS 649.020, as amended by section 14 of this act.
(b) Debt buyer has the meaning ascribed to it in section 3 of this act.
Sec. 51. The Legislative Counsel shall:
1. In preparing the Nevada Revised Statutes, use the authority set forth in subsection 10 of NRS 220.120 to substitute appropriately the term compliance manager for the term manager as previously used in reference to the person responsible for a collection agency.
2. In preparing supplements to the Nevada Administrative Code, substitute appropriately the term compliance manager for the term manager as previously used in reference to the person responsible for a collection agency.
Sec. 52. NRS 649.054, 649.145, 649.171 and 649.315 are hereby repealed.
Sec. 53. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 48, inclusive, 50, 51 and 52 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 October 1, 2023, for all other purposes.
3. Section 49 of this act becomes effective on the date on which the Commissioner of Financial Institutions notifies the Governor and the Director of the Legislative Counsel Bureau that the Nationwide Multistate Licensing System and Registry has sufficient capabilities to allow the Commissioner to carry out the provisions of chapter 347, Statutes of Nevada 2021, at page 2030.
________
κ2023 Statutes of Nevada, Page 3611κ
Senate Bill No. 274Senator Daly
CHAPTER 535
[Approved: June 16, 2023]
AN ACT relating to industrial insurance; revising requirements for the administration of certain insurance claims and the maintenance and accessibility of certain insurance records; removing the requirement that certain entities maintain a telephone service to accept collect calls from injured employees; revising the circumstances under which the Administrator of the Division of Industrial Relations of the Department of Business and Industry is authorized to remove a physician or chiropractic physician from a list or panel of physicians and chiropractic physicians who may provide certain services relating to the Nevada Industrial Insurance Act; requiring the Administrator to publish certain reports; authorizing certain physicians and chiropractic physicians to decline to perform certain evaluations; revising procedures for the selection of a physician or chiropractic physician to perform certain evaluations and examinations; revising provisions relating to independent medical examinations; revising provisions relating to benefits for a permanent partial disability; revising provisions relating to an appeal of certain determinations of the Administrator; revising procedures for the reimbursement of an insurer that pays for an increase in certain compensation or benefits; requiring the Administrator to post certain information on the Internet website of the Division; increasing the amount of certain penalties for certain violations of the Nevada Industrial Insurance Act or the Nevada Occupational Diseases Act; revising provisions relating to the imposition and payment of benefit penalties; revising certain requirements for certain investigations conducted by the Administrator; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Nevada Industrial Insurance Act and the Nevada Occupational Diseases Act, which provide for the payment of compensation to employees who are injured or disabled as the result of an occupational injury or occupational disease. (Chapters 616A-616D and 617 of NRS)
Existing law requires certain insurers to maintain an office in this State that is operated by the insurer or its third-party administrator and to provide access to files relating to industrial insurance claims at that office. (NRS 616B.021, 616B.027) Section 3 of this bill requires the insurer to make such files available for inspection and reproduction by electronic means or at an office operated by the insurer or its third-party administrator located in this State. Section 3 also authorizes the insurer to keep physical records concerning a claim filed in this State at a location outside this State if those records are made available for inspection and reproduction in certain electronic forms or at an office located in this State.
Section 4 of this bill permits an insurer to keep reproductions of certain files rather than original copies at an office in this State operated by the insurer or its third-party administrator. Section 4 also removes the requirement that an insurer accept collect calls from injured employees.
κ2023 Statutes of Nevada, Page 3612 (CHAPTER 535, SB 274)κ
Existing law requires a person who acts as a third-party administrator pursuant to the Nevada Industrial Insurance Act or the Nevada Occupational Diseases Act to administer claims arising under each plan of insurance that the person administers from one or more offices located in this State and maintain in those offices all records concerning those claims. (NRS 616B.503) Section 5 of this bill removes that requirement. Instead, section 2 of this bill establishes certain authorizations and requirements concerning the administration of claims arising under the Nevada Industrial Insurance Act or the Nevada Occupational Diseases Act. Section 2 authorizes certain employees and third-party administrators of private carriers to administer such claims from a location outside this State and stipulates how records concerning such claims must be maintained. Section 2 also authorizes certain other employees of a private carrier and certain third-party administrators to administer such claims only from one or more offices located in this State and requires that records relating to such claims be maintained at those offices. Section 4 requires certain employees and third-party administrators who administer a claim from a location outside this State to make themselves available to communicate in real time with a claimant or a representative of the claimant at certain times.
Existing law requires the Commissioner of Insurance to take certain disciplinary action against a third-party administrator for certain violations. (NRS 616B.506) Section 6 of this bill requires the Commissioner to also take such disciplinary action against a third-party administrator who violates the provisions of section 2.
Existing law requires an insurer to keep a list of physicians and chiropractic physicians from which an injured employee may choose to receive treatment from a panel established and maintained by the Administrator of the Division of Industrial Relations of the Department of Business and Industry. Existing law also sets forth procedures and limitations governing the removal of a physician or chiropractic physician from an insurers list. (NRS 616C.087, 616C.090) Section 9 of this bill expands the circumstances under which a physician or chiropractic physician may be involuntarily removed from an insurers list and requires the Administrator to adopt certain regulations. Section 10 of this bill revises the reasons for which a physician or chiropractic physician may be removed from a panel and authorizes a physician or chiropractic physician who has been removed from a panel to reapply for inclusion under certain circumstances.
Existing law provides that an employee who is injured by an accident arising out of and in the course of employment is entitled to receive compensation under the Nevada Industrial Insurance Act for a permanent partial disability which is rated during an evaluation by certain physicians or chiropractic physicians. (NRS 616C.490) Section 17 of this bill revises the methodology by which those physicians or chiropractic physicians are selected to perform such an evaluation and authorizes such a physician or chiropractic physician to decline to perform an evaluation under certain circumstances. Sections 7 and 17 require the Administrator to prepare annual and quarterly reports relating to the frequency with which those physicians and chiropractic physicians perform such evaluations and certain other examinations.
Existing law authorizes an injured employee, subject to various requirements and restrictions, to obtain an independent medical examination concerning an injury that is the subject of a claim filed pursuant to the Nevada Industrial Insurance Act. (NRS 616C.145) Section 12 of this bill provides that such an injured employee is entitled to request such an independent examination for a permanent partial disability under certain circumstances. Section 12 also identifies the method by which the rate of reimbursement relating to certain independent medical examinations must be determined and authorizes an insurer to recover the cost of certain examinations under certain circumstances.
Existing law sets forth the method by which a physician or chiropractic physician is selected under certain circumstances to determine the percentage of disability of an injured employee. (NRS 616C.100, 616C.330, 616C.360) Sections 11, 15 and 16 of this bill require, with certain exceptions, that such physicians and chiropractic physicians be selected at random from a list maintained by the Administrator.
κ2023 Statutes of Nevada, Page 3613 (CHAPTER 535, SB 274)κ
Existing law provides that a claimant under the Nevada Industrial Insurance Act may elect to receive payment for a permanent partial disability in a lump sum under certain circumstances. (NRS 616C.495) Section 18 of this bill requires an insurer to use the actuarial annuity tables adopted by the Division that are in effect on the date on which the claimant elects payment in a lump sum to calculate the present value of the lump sum payable.
Existing law authorizes an insurer or employer who pays an annual increase in compensation for a permanent total disability to a claimant or dependent who is entitled to such compensation due to certain industrial injuries or disablements to obtain reimbursement from the Administrator and sets forth the procedure for obtaining such reimbursement. (NRS 616C.266) Similarly, existing law entitles an insurer who pays an increase in certain death benefits to be reimbursed annually for the amount of that increase and sets forth procedures for obtaining such reimbursement. (NRS 616C.268) Sections 13 and 14 of this bill revise the procedures governing the issuance of such reimbursement to an insurer and impose various requirements on the Administrator with respect to such reimbursement.
Existing law requires the Administrator under certain circumstances to order an insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization to pay a claimant a benefit penalty in an amount not less than $5,000 and not greater than $50,000 for refusing to process a claim for compensation or committing certain other violations of the Nevada Industrial Insurance Act or the Nevada Occupational Diseases Act. (NRS 616D.120) Section 20 of this bill increases the amount of that benefit penalty to not less than $17,000 and not greater than $120,000. Section 20 also extends from 10 days to 15 days the time in which a benefit penalty must be paid to a claimant after the Administrator determines the amount of the benefit penalty. Section 19 of this bill requires the Administrator to publish, maintain and make available to the public on the Internet website of the Division certain information relating to benefit penalties imposed by the Administrator.
Existing law sets forth procedures by which a person may contest a decision of the Administrator to impose or refuse to impose a benefit penalty. Under existing law, a person who is aggrieved by a failure of the Administrator to respond to a written request for a determination within 90 days after the request is mailed to the Administrator may appeal the failure to respond by filing a request for a hearing within 100 days after the unanswered written request was mailed to the Administrator. (NRS 616D.140) Section 22 of this bill revises those provisions to instead authorize a person who is aggrieved by the failure of the Administrator to respond to a complaint alleging that an insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization has committed certain violations within 120 days after the Administrator receives the complaint to appeal the failure to respond by filing a request for a hearing within 150 days after the receipt of the complaint. Section 22 also: (1) requires a party who unsuccessfully appeals the imposition of a benefit penalty to pay a claimant double the amount of the benefit penalty initially imposed; (2) establishes certain requirements for when a benefit penalty must be paid; and (3) authorizes the Commissioner of Insurance to suspend a certification issued to an insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization under certain circumstances.
Existing law requires the Administrator, upon receipt of a complaint or if the Administrator has reason to believe that certain provisions of the Nevada Industrial Insurance Act have been violated, to cause an investigation to be conducted and render a determination concerning those violations. (NRS 616D.130) Section 21 of this bill broadens the circumstances under which the Administrator is required to cause an investigation to be conducted and requires the Administrator to: (1) provide the Commissioner and the suspected violator with a copy of the complaint or an explanation of the reason why the Administrator believes a violation has occurred and a copy of the determination rendered on the matter; and (2) include with the Administrators determination any settlement agreement relating to the violation. Section 21 also revises the time in which the Administrator must complete certain actions pursuant to the investigation.
κ2023 Statutes of Nevada, Page 3614 (CHAPTER 535, SB 274)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. Chapter 616B of NRS is hereby amended by adding thereto a new section to read as follows:
1. An employee of a private carrier who is licensed as a company adjuster pursuant to chapter 684A of NRS or a person who acts as a third-party administrator pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for a private carrier may administer claims arising under chapters 616A to 616D, inclusive, or chapter 617 of NRS from a location in or outside of this State. All records concerning a claim administered pursuant to this subsection must be maintained at one or more offices located in this State or by computer in a microphotographic, electronic or other similar format that produces an accurate reproduction of the original.
2. An employee of a private carrier who is not licensed as a company adjuster pursuant to chapter 684A of NRS or a person who acts as a third-party administrator pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for a self-insured employer or an association of self-insured public or private employers may administer claims arising under chapters 616A to 616D, inclusive, or chapter 617 of NRS only from one or more offices located in this State. All records concerning a claim administered pursuant to this subsection must be maintained in those offices.
3. The Commissioner may:
(a) Under exceptional circumstances, waive the requirements of subsections 1 and 2; and
(b) Adopt regulations to carry out the provisions of this section.
Sec. 3. NRS 616B.021 is hereby amended to read as follows:
616B.021 1. An insurer shall [provide access to] make the files of claims available for inspection and reproduction:
(a) At an office operated by the insurer or its third-party administrator located in [its offices.] this State; or
(b) By electronic means.
2. The physical records in a file concerning a claim filed in this State may be kept at [an office located] a location outside this State if all records in the file are [accessible] made available for inspection and reproduction at [offices] an office operated by the insurer or its third-party administrator that is located in this State [on] or by computer in a microphotographic, electronic or other similar format that produces an accurate reproduction of the original. If a claim filed in this State is open, the records in the file must be reproduced and available for inspection during regular business hours within 24 hours after requested by the employee or the employees designated agent, the employer or the employers designated agent, or the Administrator or the Administrators designated agent. If a claim filed in this State is closed, the records in the file must be reproduced and available for inspection during regular business hours within 14 days after requested by such persons.
3. Upon request, the insurer shall make copies or other reproductions of anything in the file and may charge a reasonable fee for this service. Copies or other reproductions of materials in the file which are requested by the Administrator or the Administrators designated agent, or the Nevada Attorney for Injured Workers or his or her designated agent must be provided free of charge.
κ2023 Statutes of Nevada, Page 3615 (CHAPTER 535, SB 274)κ
or other reproductions of materials in the file which are requested by the Administrator or the Administrators designated agent, or the Nevada Attorney for Injured Workers or his or her designated agent must be provided free of charge.
4. The Administrator may adopt regulations concerning the:
(a) Maintenance of records in a file on claims that are open or closed; and
(b) Preservation, examination and use of records which have been stored on computer or in a microphotographic, electronic or similar format by an insurer.
5. This section does not require an insurer to allow inspection or reproduction of material regarding which a legal privilege against disclosure has been conferred.
Sec. 4. NRS 616B.027 is hereby amended to read as follows:
616B.027 1. Every insurer shall:
(a) Provide an office in this State operated by the insurer or its third-party administrator in which:
(1) A complete file , or a reproduction of the complete file, of each claim is accessible, in accordance with the provisions of NRS 616B.021;
(2) Persons authorized to act for the insurer and, if necessary, licensed pursuant to chapter 683A of NRS, may receive information related to a claim and provide the services to an employer and his or her employees required by chapters 616A to 617, inclusive, of NRS; and
(3) An employee or his or her employer, upon request, is provided with information related to a claim filed by the employee or a copy or other reproduction of the information from the file for that claim, in accordance with the provisions of NRS 616B.021.
(b) Provide statewide toll-free telephone service to the office maintained pursuant to paragraph (a) . [or accept collect calls from injured employees.]
2. Each private carrier shall provide:
(a) Adequate services to its insured employers in controlling losses; and
(b) Adequate information on the prevention of industrial accidents and occupational diseases.
3. An employee of a private carrier who is licensed as a company adjuster pursuant to chapter 684A of NRS or a person who acts as a third-party administrator pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for a private carrier who administers a claim arising under chapters 616A to 616D, inclusive, or chapter 617 of NRS from a location outside of this State pursuant to subsection 1 of section 2 of this act shall make himself or herself available to communicate in real time with the claimant or a representative of the claimant Monday through Friday, 9 a.m. to 5 p.m. local time in this State, excluding any day declared to be a legal holiday pursuant to NRS 236.015.
Sec. 5. NRS 616B.503 is hereby amended to read as follows:
616B.503 1. A person shall not act as a third-party administrator for an insurer without a certificate issued by the Commissioner pursuant to NRS 683A.08524.
2. A person who acts as a third-party administrator pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS shall:
(a) [Administer from one or more offices located in this State all of the claims arising under each plan of insurance that the person administers and maintain in those offices all of the records concerning those claims;
κ2023 Statutes of Nevada, Page 3616 (CHAPTER 535, SB 274)κ
(b)] Administer each plan of insurance directly, without subcontracting with another third-party administrator; and
[(c)] (b) Upon the termination of the persons contract with an insurer, transfer forthwith to a certified third-party administrator chosen by the insurer all of the records in the persons possession concerning claims arising under the plan of insurance.
3. The Commissioner may, under exceptional circumstances, waive the requirements of subsection 2.
Sec. 6. NRS 616B.506 is hereby amended to read as follows:
616B.506 The Commissioner shall impose an administrative fine, not to exceed $1,000 for each violation, and may withdraw the certification of any third-party administrator who:
1. Fails to comply with regulations of the Commissioner regarding reports or other requirements necessary to carry out the purposes of chapters 616A to 616D, inclusive, or chapter 617 of NRS; or
2. Violates any provision of NRS 616B.503 , section 2 of this act or any regulation adopted by the Commissioner or the Administrator concerning the administration of the plan of insurance.
Sec. 7. Chapter 616C of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Administrator shall, not later than 30 days after the end of each calendar quarter, publish and make publicly available on the Internet website of the Division a report containing:
(a) The name of each rating physician or chiropractic physician, listed in alphabetical order by last name, who conducted an examination or evaluation on an injured employee pursuant to NRS 616C.100, 616C.145, 616C.330, 616C.360 or 616C.490 in the immediately preceding calendar quarter; and
(b) For each rating physician or chiropractic physician identified pursuant to paragraph (a), the number of examinations or evaluations that were conducted by the rating physician or chiropractic physician as result of:
(1) The selection of the rating physician or chiropractic physician at random from the list of qualified physicians and chiropractic physicians maintained by the Administrator pursuant to subsection 2 of NRS 616C.490; and
(2) An agreement by an insurer and an injured employee.
2. The Administrator shall retain an archive of each report published pursuant to subsection 1 which is accessible by the public.
Sec. 8. NRS 616C.050 is hereby amended to read as follows:
616C.050 1. An insurer shall provide to each claimant:
(a) Upon written request, one copy of any medical information concerning the claimants injury or illness.
(b) A statement which contains information concerning the claimants right to:
(1) Receive the information and forms necessary to file a claim;
(2) Select a treating physician or chiropractic physician and an alternative treating physician or chiropractic physician in accordance with the provisions of NRS 616C.090;
(3) Request the appointment of the Nevada Attorney for Injured Workers to represent the claimant before the appeals officer;
(4) File a complaint with the Administrator;
(5) When applicable, receive compensation for:
κ2023 Statutes of Nevada, Page 3617 (CHAPTER 535, SB 274)κ
(I) Permanent total disability;
(II) Temporary total disability;
(III) Permanent partial disability;
(IV) Temporary partial disability;
(V) All medical costs related to the claimants injury or disease; or
(VI) The hours the claimant is absent from the place of employment to receive medical treatment pursuant to NRS 616C.477;
(6) Receive services for rehabilitation if the claimants injury prevents him or her from returning to gainful employment;
(7) Review by a hearing officer of any determination or rejection of a claim by the insurer within the time specified by statute; and
(8) Judicial review of any final decision within the time specified by statute.
2. The insurers statement must include a copy of the form designed by the Administrator pursuant to subsection [9] 12 of NRS 616C.090 that notifies injured employees of their right to select an alternative treating physician or chiropractic physician. The Administrator shall adopt regulations for the manner of compliance by an insurer with the other provisions of subsection 1.
Sec. 9. NRS 616C.087 is hereby amended to read as follows:
616C.087 1. The Legislature hereby declares that:
(a) The choice of a treating physician or chiropractic physician is a substantive right and substantive benefit of an injured employee who has a claim under the Nevada Industrial Insurance Act or the Nevada Occupational Diseases Act.
(b) The injured employees of this State have a substantive right to an adequate choice of physicians and chiropractic physicians to treat their industrial injuries and occupational diseases.
2. Except as otherwise provided in this subsection and subsections 3 and 4 [, an] :
(a) The panel maintained by the Administrator pursuant to NRS 616C.090 must not include a physician or chiropractic physician in a discipline or specialization if the physician or chiropractic physician does not accept and treat injured employees for industrial injuries or occupational diseases in that discipline or specialization; and
(b) An insurers list of physicians and chiropractic physicians from which an injured employee may choose pursuant to NRS 616C.090 must include not less than 12 physicians or chiropractic physicians, as applicable, in each of the following disciplines and specializations, without limitation, from the panel of physicians and chiropractic physicians maintained by the Administrator pursuant to NRS 616C.090:
[(a)] (1) Orthopedic surgery on spines;
[(b)] (2) Orthopedic surgery on shoulders;
[(c)] (3) Orthopedic surgery on elbows;
[(d)] (4) Orthopedic surgery on wrists;
[(e)] (5) Orthopedic surgery on hands;
[(f)] (6) Orthopedic surgery on hips;
[(g)] (7) Orthopedic surgery on knees;
[(h)] (8) Orthopedic surgery on ankles;
[(i)] (9) Orthopedic surgery on feet;
[(j)] (10) Neurosurgery;
[(k)] (11) Neurology;
κ2023 Statutes of Nevada, Page 3618 (CHAPTER 535, SB 274)κ
[(l)] (12) Cardiology;
[(m)] (13) Pulmonology;
[(n)] (14) Psychiatry;
[(o)] (15) Pain management;
[(p)] (16) Occupational medicine;
[(q)] (17) Physiatry or physical medicine;
[(r)] (18) General practice or family medicine; and
[(s)] (19) Chiropractic medicine.
Κ If the panel of physicians and chiropractic physicians maintained by the Administrator pursuant to NRS 616C.090 contains fewer than 12 physicians or chiropractic physicians, as applicable, for a discipline or specialization specifically identified in this subsection, all of the physicians or chiropractic physicians, as applicable, on the panel for that discipline or specialization must be included on the insurers list.
3. For any other discipline or specialization not specifically identified in subsection 2, the insurers list must include not fewer than 8 physicians or chiropractic physicians, as applicable, unless the panel of physicians and chiropractic physicians maintained by the Administrator pursuant to NRS 616C.090 contains fewer than 8 physicians or chiropractic physicians, as applicable, for that discipline or specialization, in which case all of the physicians or chiropractic physicians, as applicable, on the panel for that discipline or specialization must be included on the insurers list.
4. For each county whose population is 100,000 or more, an insurers list of physicians and chiropractic physicians must include for that county a number of physicians and chiropractic physicians, as applicable, that is not less than the number required pursuant to subsections 2 and 3 and that also maintain in that county:
(a) An active practice; and
(b) A physical office.
5. If an insurer fails to maintain a list of physicians and chiropractic physicians that complies with the requirements of subsections 2, 3 and 4, an injured employee may choose a physician or chiropractic physician from the panel of physicians and chiropractic physicians maintained by the Administrator pursuant to NRS 616C.090.
6. Each insurer shall, not later than October 1 of each year, update the list of physicians and chiropractic physicians and file the list with the Administrator. The list must be certified by an adjuster who is licensed pursuant to chapter 684A of NRS.
7. Upon receipt of a list of physicians and chiropractic physicians that is filed pursuant to subsection 6, the Administrator shall:
(a) Stamp the list as having been filed; and
(b) Indicate on the list the date on which it was filed.
8. The Administrator shall:
(a) Provide a copy of an insurers list of physicians and chiropractic physicians to any member of the public who requests a copy; or
(b) Post a copy of each insurers list of physicians and chiropractic physicians on an Internet website maintained by the Administrator and accessible to the public for viewing, printing or downloading.
9. At any time, a physician or chiropractic physician may request in writing that he or she be removed from an insurers list of physicians and chiropractic physicians. The insurer must comply with the request and omit the physician or chiropractic physician from the next list which the insurer files with the Administrator.
κ2023 Statutes of Nevada, Page 3619 (CHAPTER 535, SB 274)κ
10. A physician or chiropractic physician may not be involuntarily removed from an insurers list of physicians and chiropractic physicians except for good cause. As used in this subsection, good cause means that one or more of the following circumstances apply:
(a) The physician or chiropractic physician has died or is disabled.
(b) The license of the physician or chiropractic physician has been revoked or suspended.
(c) The physician or chiropractic physician has been convicted of:
(1) A felony; or
(2) A crime for a violation of a provision of chapter 616D of NRS.
(d) The physician or chiropractic physician has been removed from the panel of physicians and chiropractic physicians maintained by the Administrator pursuant to NRS 616C.090 by the Administrator upon a finding that the physician or chiropractic physician [has] :
(1) Has failed to comply with the standards for treatment of industrial injuries or occupational diseases as established by the Administrator [.] ; or
(2) Does not accept and treat injured employees under chapters 616A to 616D, inclusive, or chapter 617 of NRS.
11. Unless a physician or chiropractic physician, as applicable, is removed from an insurers list of physicians and chiropractic physicians pursuant to subsection 10, an injured employee may continue to receive treatment from that physician or chiropractic physician even if:
(a) The employer of the injured employee changes insurers or administrators.
(b) The physician or chiropractic physician is no longer included in the applicable insurers list of physicians and chiropractic physicians, provided that the physician or chiropractic physician agrees to continue to accept compensation for that treatment at the rates which:
(1) Were previously agreed upon when the physician or chiropractic physician was most recently included in the list; or
(2) Are newly negotiated but do not exceed the amounts provided under the fee schedule adopted by the Administrator.
12. The Administrator shall adopt regulations prescribing the form in which a list of physicians and chiropractic physicians created by an employer, insurer or third-party administrator pursuant to this section must be maintained. The Administrator shall require that any such list be in a format which is easily searchable, including, without limitation, an indexed database, a portable document format, a spreadsheet with data that may be filtered, a comma-separated values file or any other comparable format.
Sec. 10. NRS 616C.090 is hereby amended to read as follows:
616C.090 1. The Administrator shall establish, maintain and update not less frequently than annually on or before July 1 of each year, a panel of physicians and chiropractic physicians who have demonstrated special competence and interest in industrial health to treat injured employees under chapters 616A to 616D, inclusive, or chapter 617 of NRS. The Administrator shall maintain the following information relating to each physician and chiropractic physician on the panel:
(a) The name of the physician or chiropractic physician.
(b) The title or degree of the physician or chiropractic physician.
(c) The legal name of the practice of the physician or chiropractic physician and the name under which the practice does business.
κ2023 Statutes of Nevada, Page 3620 (CHAPTER 535, SB 274)κ
(d) The street address of the location of every office of the physician or chiropractic physician.
(e) The telephone number of every office of the physician or chiropractic physician.
(f) Every discipline and specialization practiced by the physician or chiropractic physician.
(g) Every condition and part of the body which the physician or chiropractic physician will treat.
2. Every employer whose insurer has not entered into a contract with an organization for managed care or with providers of health care pursuant to NRS 616B.527 shall maintain a list of those physicians and chiropractic physicians on the panel who are reasonably accessible to his or her employees.
3. An injured employee whose employers insurer has not entered into a contract with an organization for managed care or with providers of health care pursuant to NRS 616B.527 may choose a treating physician or chiropractic physician from the panel of physicians and chiropractic physicians. If the injured employee is not satisfied with the first physician or chiropractic physician he or she so chooses, the injured employee may make an alternative choice of physician or chiropractic physician from the panel if the choice is made within 90 days after his or her injury. The insurer shall notify the first physician or chiropractic physician in writing. The notice must be postmarked within 3 working days after the insurer receives knowledge of the change. The first physician or chiropractic physician must be reimbursed only for the services the physician or chiropractic physician, as applicable, rendered to the injured employee up to and including the date of notification. Except as otherwise provided in this subsection, any further change is subject to the approval of the insurer or by order of a hearing officer or appeals officer. A request for a change of physician or chiropractic physician must be granted or denied within 10 days after a written request for such a change is received from the injured employee. If the insurer takes no action on the request within 10 days, the request shall be deemed granted. Any request for a change of physician or chiropractic physician must include the name of the new physician or chiropractic physician chosen by the injured employee. If the treating physician or chiropractic physician refers the injured employee to a specialist for treatment, the insurer shall provide to the injured employee a list that includes the name of each physician or chiropractic physician with that specialization who is on the panel. Not later than 14 days after receiving the list, the injured employee shall select a physician or chiropractic physician from the list.
4. An injured employee whose employers insurer has entered into a contract with an organization for managed care or with providers of health care pursuant to NRS 616B.527 must choose a treating physician or chiropractic physician pursuant to the terms of that contract. If the injured employee is not satisfied with the first physician or chiropractic physician he or she so chooses, the injured employee may make an alternative choice of physician or chiropractic physician pursuant to the terms of the contract without the approval of the insurer if the choice is made within 90 days after his or her injury. Except as otherwise provided in this subsection, any further change is subject to the approval of the insurer or by order of a hearing officer or appeals officer. A request for a change of physician or chiropractic physician must be granted or denied within 10 days after a written request for such a change is received from the injured employee. If the insurer takes no action on the request within 10 days, the request shall be deemed granted.
κ2023 Statutes of Nevada, Page 3621 (CHAPTER 535, SB 274)κ
action on the request within 10 days, the request shall be deemed granted. If the injured employee, after choosing a treating physician or chiropractic physician, moves to a county which is not served by the organization for managed care or providers of health care named in the contract and the insurer determines that it is impractical for the injured employee to continue treatment with the physician or chiropractic physician, the injured employee must choose a treating physician or chiropractic physician who has agreed to the terms of that contract unless the insurer authorizes the injured employee to choose another physician or chiropractic physician. If the treating physician or chiropractic physician refers the injured employee to a specialist for treatment, the insurer shall provide to the injured employee a list that includes the name of each physician or chiropractic physician with that specialization who is available pursuant to the terms of the contract with the organization for managed care or with providers of health care pursuant to NRS 616B.527, as appropriate. Not later than 14 days after receiving the list, the injured employee shall select a physician or chiropractic physician from the list. If the employee fails to select a physician or chiropractic physician, the insurer may select a physician or chiropractic physician with that specialization. If a physician or chiropractic physician with that specialization is not available pursuant to the terms of the contract, the organization for managed care or the provider of health care may select a physician or chiropractic physician with that specialization.
5. If the injured employee is not satisfied with the physician or chiropractic physician selected by himself or herself or by the insurer, the organization for managed care or the provider of health care pursuant to subsection 4, the injured employee may make an alternative choice of physician or chiropractic physician pursuant to the terms of the contract. A change in the treating physician or chiropractic physician may be made at any time but is subject to the approval of the insurer or by order of a hearing officer or appeals officer. A request for a change of physician or chiropractic physician must be granted or denied within 10 days after a written request for such a change is received from the injured employee. If no action is taken on the request within 10 days, the request shall be deemed granted. Any request for a change of physician or chiropractic physician must include the name of the new physician or chiropractic physician chosen by the injured employee. If the insurer denies a request for a change in the treating physician or chiropractic physician under this subsection, the insurer must include in a written notice of denial to the injured employee the specific reason for the denial of the request.
6. Except when emergency medical care is required and except as otherwise provided in NRS 616C.055, the insurer is not responsible for any charges for medical treatment or other accident benefits furnished or ordered by any physician, chiropractic physician or other person selected by the injured employee in disregard of the provisions of this section or for any compensation for any aggravation of the injured employees injury attributable to improper treatments by such physician, chiropractic physician or other person.
7. The Administrator may order necessary changes in a panel of physicians and chiropractic physicians and shall [suspend] :
(a) Suspend or remove any physician or chiropractic physician from a panel for good cause shown in accordance with NRS 616C.087 [.] ; and
(b) Remove from being included on a panel as a practitioner of a discipline or specialization any physician or chiropractic physician who does not accept and treat injured employees for industrial injuries or occupational diseases in that discipline or specialization.
κ2023 Statutes of Nevada, Page 3622 (CHAPTER 535, SB 274)κ
does not accept and treat injured employees for industrial injuries or occupational diseases in that discipline or specialization.
8. Any interested person may notify the Administrator, on a form prescribed by the Administrator, if the person believes that a physician or chiropractic physician does not accept and treat injured employees:
(a) Under chapters 616A to 616D, inclusive, or chapter 617 of NRS for industrial injuries or occupational diseases; or
(b) For industrial injuries or occupational diseases in a discipline or specialization for which the physician or chiropractic physician is included on a panel of physicians and chiropractic physicians maintained by the Administrator pursuant to this section.
9. If the Administrator receives notice pursuant to subsection 8, the Administrator shall:
(a) Conduct an investigation to determine whether the physician or chiropractic physician may remain on the panel for a discipline or specialization; and
(b) Publish or cause to be published on the Internet website of the Division not later than 90 days after receiving the notice the results of the investigation.
10. A physician or chiropractic physician who is removed from a panel as a practitioner of a discipline or specialization pursuant to paragraph (b) of subsection 7 may request, on a form prescribed by the Administrator, to be reinstated on a panel for that discipline or specialization if the physician or chiropractic physician demonstrates to the satisfaction of the Administrator that he or she accepts and treats injured employees for that discipline or specialization.
11. An injured employee may receive treatment by more than one physician or chiropractic physician:
(a) If the insurer provides written authorization for such treatment; or
(b) By order of a hearing officer or appeals officer.
[9.] 12. The Administrator shall design a form that notifies injured employees of their right pursuant to subsections 3, 4 and 5 to select an alternative treating physician or chiropractic physician and make the form available to insurers for distribution pursuant to subsection 2 of NRS 616C.050.
Sec. 11. NRS 616C.100 is hereby amended to read as follows:
616C.100 1. If an injured employee disagrees with the percentage of disability determined by a physician or chiropractic physician, the injured employee may obtain a second determination of the percentage of disability. If the employee wishes to obtain such a determination, the employee must select the [next] physician or chiropractic physician [in rotation] at random from the list of qualified physicians or chiropractic physicians maintained by the Administrator pursuant to subsection 2 of NRS 616C.490. If a second determination is obtained, the injured employee shall pay for the determination. If the physician or chiropractic physician selected to make the second determination finds a higher percentage of disability than the first physician or chiropractic physician, the injured employee may request a hearing officer or appeals officer to order the insurer to reimburse the employee pursuant to the provisions of NRS 616C.330 or 616C.360.
2. The results of a second determination made pursuant to subsection 1 may be offered at any hearing or settlement conference.
κ2023 Statutes of Nevada, Page 3623 (CHAPTER 535, SB 274)κ
Sec. 12. NRS 616C.145 is hereby amended to read as follows:
616C.145 1. An injured employee may obtain an independent medical examination:
(a) Except as otherwise provided in subsections 2 and 3, whenever a dispute arises from a determination issued by the insurer regarding the approval of care, the direction of a treatment plan or the scope of the claim;
(b) Within 30 days after an injured employee receives any report generated pursuant to a medical examination requested by the insurer pursuant to NRS 616C.140; or
(c) At any time by leave of a hearing officer or appeals officer after the denial of any therapy or treatment.
2. An injured employee is entitled to an independent medical examination pursuant to paragraph (a) of subsection 1 only:
(a) For a claim for compensation that is open;
(b) When the closure of a claim for compensation is under dispute pursuant to NRS 616C.235; or
(c) When a hearing or appeal is pending pursuant to NRS 616C.330 or 616C.360.
3. An injured employee is entitled to only one independent medical examination per calendar year pursuant to paragraph (a) of subsection 1.
4. Except as otherwise provided in subsection 5, an independent medical examination must not involve treatment and must be conducted by a physician or chiropractic physician selected by the injured employee from the panel of physicians and chiropractic physicians established pursuant to subsection 1 of NRS 616C.090.
5. [If the dispute concerns the rating of a permanent disability,] An injured employee is entitled to request an independent medical examination [may be conducted by a rating physician or chiropractic physician.] pursuant to paragraph (a) of subsection 1 for a permanent partial disability to determine if the injured employee has a ratable impairment or, if the injured employee is seeking to dispute an initial rating determination, to obtain a second rating. The injured employee must select the [next] rating physician or chiropractic physician [in rotation] at random from the list of qualified physicians and chiropractic physicians maintained by the Administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and the injured employee otherwise agree to a rating physician or chiropractic physician. Nothing in this subsection shall be construed to prohibit an injured employee from obtaining a determination for a permanent partial disability pursuant to NRS 616C.100.
6. The insurer shall:
(a) Pay the costs of any independent medical examination conducted pursuant to this section in accordance with [NRS 616C.260;] subsection 7; and
(b) Upon request, receive a copy of any report or other document that is generated as a result of the independent medical examination.
7. The rates of reimbursement for an independent medical examination conducted pursuant to this section must be:
(a) For an independent medical examination other than an independent medical examination conducted pursuant to subsection 5, the rates applicable to independent medical examinations, as set forth in the schedule of fees established by the Administrator pursuant to NRS 616C.260.
κ2023 Statutes of Nevada, Page 3624 (CHAPTER 535, SB 274)κ
(b) For an independent medical examination conducted pursuant to subsection 5, the rates applicable to a permanent partial disability, as set forth in the schedule of fees established by the Administrator pursuant to NRS 616C.260.
8. If an injured employee requests an independent medical examination pursuant to subsection 5 to obtain a second rating and the second rating does not result in a higher percentage of disability than the initial rating determination, the insurer may recover the cost of the independent medical examination, determined in accordance with the rates of reimbursement specified in paragraph (b) of subsection 7, from the amount of the award for permanent partial disability that the injured employee is entitled to be paid for that claim pursuant to NRS 616C.490.
9. The provisions of this section do not apply to an independent medical examination ordered by a hearing officer pursuant to subsection 3 of NRS 616C.330 or by an appeals officer pursuant to subsection 3 of NRS 616C.360.
Sec. 13. NRS 616C.266 is hereby amended to read as follows:
616C.266 1. An insurer, including an employer who provides accident benefits for injured employees pursuant to NRS 616C.265, who pays an annual increase in compensation for a permanent total disability to a claimant or a dependent of a claimant pursuant to subsection 2 of NRS 616C.473 is entitled to be reimbursed for the amount of that increase in accordance with this section if the insurer provides to the Administrator all of the following:
(a) The name of the claimant or dependent of a claimant to whom the insurer paid the increase in compensation.
(b) The claim number under which the compensation for a permanent total disability was paid to the claimant or dependent of a claimant.
(c) The date of the industrial injury or disablement from an occupational disease which resulted in the permanent total disability of the injured employee.
(d) The date on which the disability of the injured employee was determined or deemed to be total and permanent.
(e) The amount of the compensation for a permanent total disability to which the claimant or dependent of a claimant was entitled as of December 31, 2019.
(f) Proof of the insurers payment of the increase in compensation for a permanent total disability.
(g) The amount of reimbursement requested by the insurer.
2. An insurer must provide the Administrator with the items required pursuant to subsection 1 not later than March 31 of each year to be eligible for reimbursement for payments of increases in compensation for permanent total disability which were made in the immediately preceding calendar year.
3. [An] If an insurer [may not be reimbursed pursuant to this section unless the insurers request for reimbursement is approved by] complies with subsection 2, the Administrator [.] shall:
(a) Not later than 60 days after the date on which the Administrator receives the information required by subsection 1, issue a written determination approving or rejecting the insurers request for reimbursement. If the Administrator fails to issue the written determination within those 60 days, the request for reimbursement is deemed approved.
κ2023 Statutes of Nevada, Page 3625 (CHAPTER 535, SB 274)κ
(b) Not later than July 1 of each year, provide the insurer with a detailed list of reimbursements approved or rejected by the Administrator.
4. [If] A person who is aggrieved by a written determination of the Administrator [approves an insurers request for reimbursement,] pursuant to this section may appeal the [Administrator must withdraw from the Uninsured Employers Claim Account established pursuant to NRS 616A.430 an amount of the income realized from the investment of the assets in that Account that is necessary to reimburse] determination by filing a request for a hearing before an appeals officer. The request must be filed not later than 30 days after the [insurer or employer for] date on which the [cost] insurer receives notice of the [increase in compensation paid to claimants and dependents pursuant to subsection 2 of NRS 616C.473. If the income realized from the investment of the assets in the Account is insufficient to pay such reimbursement, the Administrator must pay the remainder of the reimbursement from the assessments levied by the Administrator pursuant to NRS 232.680.] Administrators determination.
5. The Administrator shall, not later than May 31 of each year, mail to each insurer an invoice for any assessment levied by the Administrator pursuant to NRS 232.680 to be used to pay reimbursement pursuant to this section. Each insurer shall, not later than July 31 of each year, pay to the Department of Business and Industry the amount of the assessment.
6. The Administrator shall make every effort to collect from an insurer the amount of the assessment described in subsection 5. If the Administrator is not able to collect the amount of the assessment within 60 days after July 31, the Administrator shall notify the Commissioner that the insurer is delinquent. An insurer who fails or refuses to pay the amount of an assessment within 60 days after July 31 is, after notice and a hearing held pursuant to NRS 679B.310 to 679B.370, inclusive, subject to revocation of the insurers certificate of authority to transact insurance in this State.
7. The Administrator shall, not later than December 31 of each year, reimburse each insurer that has paid an annual increase in compensation for a permanent total disability pursuant to subsection 1.
8. In an insurer fails to pay the amount of the assessment described in subsection 5, the Administrator shall apportion to the insurers that have paid the amount of the assessment an amount of reimbursement calculated in the same manner in which the Administrator determines the assessment rate applied to those insurers pursuant to NRS 232.680. Upon receipt of the amount of the assessment that is paid after July 31, the Administrator shall pay to each insurer, the remaining amount of reimbursement to which the insurer is entitled.
9. An insurer may elect to apply any approved reimbursement under this section towards any current or future assessment levied by the Administrator pursuant to NRS 232.680.
Sec. 14. NRS 616C.268 is hereby amended to read as follows:
616C.268 1. An insurer, including, without limitation, an employer who provides accident benefits for injured employees pursuant to NRS 616C.265, who pays an increase in death benefits to a widow, widower, surviving child or surviving dependent parent pursuant to NRS 616C.508 is entitled to be reimbursed for the amount of that increase from the Fund for Workers Compensation and Safety if the insurer provides to the Administrator all of the following:
κ2023 Statutes of Nevada, Page 3626 (CHAPTER 535, SB 274)κ
(a) The name of the widow, widower, surviving child or surviving dependent parent to whom the insurer paid the increase in death benefits.
(b) The claim number under which death benefits were paid to the widow, widower, surviving child or surviving dependent parent.
(c) The date of the industrial injury or disablement from an occupational disease which resulted in the eligibility of the widow, widower, surviving child or surviving dependent parent for death benefits.
(d) The date of the death of the injured employee who is the:
(1) Spouse of the widow or widower;
(2) Parent of the surviving child; or
(3) Child of the surviving dependent parent.
(e) The amount of the death benefit to which the widow, widower, surviving child or surviving dependent parent was entitled as of December 31, 2019.
(f) Proof of the insurers payment of the increase in death benefits.
(g) The amount of reimbursement requested by the insurer.
2. An insurer must provide the Administrator with the information required pursuant to subsection 1 not later than March 31 of each year to be eligible for reimbursement pursuant to this section for payments of increases in death benefits which were made in the immediately preceding calendar year.
3. [An] If an insurer [may not be reimbursed pursuant to this section unless the insurers request for reimbursement is approved by] complies with subsection 2, the Administrator [.] shall:
(a) Not later than 60 days after the date on which the Administrator receives the information required by subsection 1, issue a written determination approving or rejecting the insurers request for reimbursement. If the Administrator fails to issue the written determination within those 60 days, the request for reimbursement is deemed approved.
(b) Not later than July 1 of each year, provide the insurer with a detailed list of reimbursements approved or rejected by the Administrator.
4. A person who is aggrieved by a written determination of the Administrator pursuant to this section may appeal the determination by filing a request for a hearing before an appeals officer. The request must be filed not later than 30 days after the date on which the insurer receives notice of the Administrators determination.
5. The Administrator shall, not later than May 31 of each year, mail to each insurer an invoice for any assessment levied by the Administrator pursuant to NRS 232.680 to be used to pay reimbursement pursuant to this section. Each insurer shall, not later than July 31 of each year, pay to the Department of Business and Industry the amount of the assessment.
6. The Administrator shall make every effort to collect from an insurer the amount of the assessment described in subsection 5. If the Administrator is not able to collect the amount of the assessment within 60 days after July 31, the Administrator shall notify the Commissioner that the insurer is delinquent. An insurer who fails or refuses to pay the amount of an assessment within 60 days after July 31 is, after notice and a hearing held pursuant to NRS 679B.310 to 679B.370, inclusive, subject to revocation of the insurers certificate of authority to transact insurance in this State.
κ2023 Statutes of Nevada, Page 3627 (CHAPTER 535, SB 274)κ
7. The Administrator shall, not later than December 31 of each year, reimburse each insurer that has paid an annual increase in death benefits pursuant to subsection 1.
8. If an insurer fails to pay the amount of the assessment described in subsection 5, the Administrator shall apportion to the insurers that have paid the amount of the assessment an amount of reimbursement calculated in the same manner in which the Administrator determines the assessment rate applied to those insurers pursuant to NRS 232.680. Upon receipt of the amount of the assessment that is paid after July 31, the Administrator shall pay to each insurer the remaining amount of reimbursement to which the insurer is entitled.
9. An insurer may elect to apply any approved reimbursement made pursuant to this section towards any current or future assessment levied by the Administrator pursuant to NRS 232.680.
Sec. 15. NRS 616C.330 is hereby amended to read as follows:
616C.330 1. The hearing officer shall:
(a) Except as otherwise provided in subsection 2 of NRS 616C.315, within 5 days after receiving a request for a hearing, set the hearing for a date and time within 30 days after his or her receipt of the request at a place in Carson City, Nevada, or Las Vegas, Nevada, or upon agreement of one or more of the parties to pay all additional costs directly related to an alternative location, at any other place of convenience to the parties, at the discretion of the hearing officer;
(b) Give notice by mail or by personal service to all interested parties to the hearing at least 15 days before the date and time scheduled; and
(c) Conduct hearings expeditiously and informally.
2. The notice must include a statement that the injured employee may be represented by a private attorney or seek assistance and advice from the Nevada Attorney for Injured Workers.
3. If necessary to resolve a medical question concerning an injured employees condition or to determine the necessity of treatment for which authorization for payment has been denied, the hearing officer may order an independent medical examination, which must not involve treatment, and refer the employee to a physician or chiropractic physician of his or her choice who has demonstrated special competence to treat the particular medical condition of the employee, whether or not the physician or chiropractic physician is on the insurers panel of providers of health care. If the medical question concerns the rating of a permanent disability, the hearing officer may refer the employee to a rating physician or chiropractic physician. The rating physician or chiropractic physician must be selected [in rotation] at random from the list of qualified physicians and chiropractic physicians maintained by the Administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and injured employee otherwise agree to a rating physician or chiropractic physician. The insurer shall pay the costs of any medical examination requested by the hearing officer.
4. The hearing officer may consider the opinion of an examining physician, chiropractic physician, physician assistant or advanced practice registered nurse, in addition to the opinion of an authorized treating physician, chiropractic physician, physician assistant or advanced practice registered nurse, in determining the compensation payable to the injured employee.
5. If an injured employee has requested payment for the cost of obtaining a second determination of his or her percentage of disability pursuant to NRS 616C.100, the hearing officer shall decide whether the determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the Administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractic physician for such service, whichever is less.
κ2023 Statutes of Nevada, Page 3628 (CHAPTER 535, SB 274)κ
pursuant to NRS 616C.100, the hearing officer shall decide whether the determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the Administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractic physician for such service, whichever is less.
6. The hearing officer shall order an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 to pay to the appropriate person the charges of a provider of health care if the conditions of NRS 616C.138 are satisfied.
7. The hearing officer may allow or forbid the presence of a court reporter and the use of a tape recorder in a hearing.
8. The hearing officer shall render his or her decision within 15 days after:
(a) The hearing; or
(b) The hearing officer receives a copy of the report from the medical examination the hearing officer requested.
9. The hearing officer shall render a decision in the most efficient format developed by the Chief of the Hearings Division of the Department of Administration.
10. The hearing officer shall give notice of the decision to each party by mail. The hearing officer shall include with the notice of the decision the necessary forms for appealing from the decision.
11. Except as otherwise provided in NRS 616C.380, the decision of the hearing officer is not stayed if an appeal from that decision is taken unless an application for a stay is submitted by a party. If such an application is submitted, the decision is automatically stayed until a determination is made on the application. A determination on the application must be made within 30 days after the filing of the application. If, after reviewing the application, a stay is not granted by the hearing officer or an appeals officer, the decision must be complied with within 10 days after the refusal to grant a stay.
12. References to a physician assistant and an advanced practice registered nurse in this section are for the purposes of the examination and treatment of an injured employee which are authorized to be provided by a physician assistant or advanced practice registered nurse in the exclusive context of an initial examination and treatment pursuant to NRS 616C.010.
Sec. 16. NRS 616C.360 is hereby amended to read as follows:
616C.360 1. A stenographic or electronic record must be kept of the hearing before the appeals officer and the rules of evidence applicable to contested cases under chapter 233B of NRS apply to the hearing.
2. The appeals officer must hear any matter raised before him or her on its merits, including new evidence bearing on the matter.
3. If there is a medical question or dispute concerning an injured employees condition or concerning the necessity of treatment for which authorization for payment has been denied, the appeals officer may:
(a) Order an independent medical examination and refer the employee to a physician or chiropractic physician of his or her choice who has demonstrated special competence to treat the particular medical condition of the employee, whether or not the physician or chiropractic physician is on the insurers panel of providers of health care. If the medical question concerns the rating of a permanent disability, the appeals officer may refer the employee to a rating physician or chiropractic physician. The rating physician or chiropractic physician must be selected [in rotation] at random from the list of qualified physicians or chiropractic physicians maintained by the Administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and the injured employee otherwise agree to a rating physician or chiropractic physician.
κ2023 Statutes of Nevada, Page 3629 (CHAPTER 535, SB 274)κ
physician or chiropractic physician must be selected [in rotation] at random from the list of qualified physicians or chiropractic physicians maintained by the Administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and the injured employee otherwise agree to a rating physician or chiropractic physician. The insurer shall pay the costs of any examination requested by the appeals officer.
(b) If the medical question or dispute is relevant to an issue involved in the matter before the appeals officer and all parties agree to the submission of the matter to an independent review organization, submit the matter to an independent review organization in accordance with NRS 616C.363 and any regulations adopted by the Commissioner.
4. The appeals officer may consider the opinion of an examining physician, chiropractic physician, physician assistant or advanced practice registered nurse, in addition to the opinion of an authorized treating physician, chiropractic physician, physician assistant or advanced practice registered nurse, in determining the compensation payable to the injured employee.
5. If an injured employee has requested payment for the cost of obtaining a second determination of his or her percentage of disability pursuant to NRS 616C.100, the appeals officer shall decide whether the determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the Administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractic physician for such service, whichever is less.
6. The appeals officer shall order an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 to pay to the appropriate person the charges of a provider of health care if the conditions of NRS 616C.138 are satisfied.
7. Any party to the appeal or contested case or the appeals officer may order a transcript of the record of the hearing at any time before the seventh day after the hearing. The transcript must be filed within 30 days after the date of the order unless the appeals officer otherwise orders.
8. Except as otherwise provided in subsection 9, the appeals officer shall render a decision:
(a) If a transcript is ordered within 7 days after the hearing, within 30 days after the transcript is filed; or
(b) If a transcript has not been ordered, within 30 days after the date of the hearing.
9. The appeals officer shall render a decision on a contested claim submitted pursuant to subsection 2 of NRS 616C.345 within 15 days after:
(a) The date of the hearing; or
(b) If the appeals officer orders an independent medical examination, the date the appeals officer receives the report of the examination,
Κ unless both parties to the contested claim agree to a later date.
10. The appeals officer may affirm, modify or reverse any decision made by a hearing officer and issue any necessary and proper order to give effect to his or her decision.
11. References to a physician assistant and an advanced practice registered nurse in this section are for the purposes of the examination and treatment of an injured employee which are authorized to be provided by a physician assistant or advanced practice registered nurse in the exclusive context of an initial examination and treatment pursuant to NRS 616C.010.
κ2023 Statutes of Nevada, Page 3630 (CHAPTER 535, SB 274)κ
physician assistant or advanced practice registered nurse in the exclusive context of an initial examination and treatment pursuant to NRS 616C.010.
Sec. 17. NRS 616C.490 is hereby amended to read as follows:
616C.490 1. Except as otherwise provided in NRS 616C.175, every employee, in the employ of an employer within the provisions of chapters 616A to 616D, inclusive, of NRS, who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided for permanent partial disability. As used in this section, disability and impairment of the whole person are equivalent terms.
2. Except as otherwise provided in subsection 3:
(a) Within 30 days after receiving from a physician or chiropractic physician a report indicating that the injured employee may have suffered a permanent disability and is stable and ratable, the insurer shall schedule an appointment with the rating physician or chiropractic physician selected pursuant to this subsection to determine the extent of the employees disability.
(b) Unless the insurer and the injured employee otherwise agree to a rating physician or chiropractic physician:
(1) The insurer shall select the rating physician or chiropractic physician from the list of qualified rating physicians and chiropractic physicians designated by the Administrator, to determine the percentage of disability in accordance with the American Medical Associations Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the Division pursuant to NRS 616C.110.
(2) Rating physicians and chiropractic physicians must be selected [in rotation] at random from the list of qualified physicians and chiropractic physicians designated by the Administrator [, according to their area of specialization and the order in which their names appear on the list] unless the [next] physician or chiropractic physician who is selected is currently an employee of the insurer making the selection, in which case [the insurer must select the] another random selection must be made until a physician or chiropractic physician [who is next on the list and] who is not currently an employee of the insurer [.] is selected.
(3) A rating physician or chiropractic physician selected pursuant to subparagraph (1) or (2) may decline the selection if he or she believes he or she does not have the ability to rate the disability at issue.
3. Notwithstanding any other provision of law, an injured employee or the legal representative of an injured employee may, at any time, without limitation, request that the Administrator select a rating physician or chiropractic physician from the list of qualified physicians and chiropractic physicians designated by the Administrator. The Administrator, upon receipt of the request, shall immediately select for the injured employee the rating physician or chiropractic physician [who is next in rotation on] at random from the list . [, according to the area of specialization.]
4. If an insurer contacts a treating physician or chiropractic physician to determine whether an injured employee has suffered a permanent disability, the insurer shall deliver to the treating physician or chiropractic physician that portion or a summary of that portion of the American Medical Associations Guides to the Evaluation of Permanent Impairment as adopted by the Division pursuant to NRS 616C.110 that is relevant to the type of injury incurred by the employee.
κ2023 Statutes of Nevada, Page 3631 (CHAPTER 535, SB 274)κ
5. At the request of the insurer, the injured employee shall, before an evaluation by a rating physician or chiropractic physician is performed, notify the insurer of:
(a) Any previous evaluations performed to determine the extent of any of the employees disabilities; and
(b) Any previous injury, disease or condition sustained by the employee which is relevant to the evaluation performed pursuant to this section.
Κ The notice must be on a form approved by the Administrator and provided to the injured employee by the insurer at the time of the insurers request.
6. Unless the regulations adopted pursuant to NRS 616C.110 provide otherwise, a rating evaluation must include an evaluation of the loss of motion, sensation and strength of an injured employee if the injury is of a type that might have caused such a loss. Except in the case of claims accepted pursuant to NRS 616C.180, no factors other than the degree of physical impairment of the whole person may be considered in calculating the entitlement to compensation for a permanent partial disability.
7. The rating physician or chiropractic physician shall provide the insurer with his or her evaluation of the injured employee. After receiving the evaluation, the insurer shall, within 14 days, provide the employee with a copy of the evaluation and notify the employee:
(a) Of the compensation to which the employee is entitled pursuant to this section; or
(b) That the employee is not entitled to benefits for permanent partial disability.
8. Each 1 percent of impairment of the whole person must be compensated by a monthly payment:
(a) Of 0.5 percent of the claimants average monthly wage for injuries sustained before July 1, 1981;
(b) Of 0.6 percent of the claimants average monthly wage for injuries sustained on or after July 1, 1981, and before June 18, 1993;
(c) Of 0.54 percent of the claimants average monthly wage for injuries sustained on or after June 18, 1993, and before January 1, 2000; and
(d) Of 0.6 percent of the claimants average monthly wage for injuries sustained on or after January 1, 2000.
Κ Compensation must commence on the date of the injury or the day following the termination of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for 5 years or until the claimant is 70 years of age, whichever is later.
9. Compensation benefits may be paid annually to claimants who will be receiving less than $100 a month.
10. If there is a previous disability, the percentage of disability for a subsequent injury must be determined pursuant to NRS 616C.099.
11. In the event of a dispute over an award of compensation for permanent partial disability, the insurer shall commence making installment payments to the injured employee for that portion of the award that is not in dispute:
(a) Not later than the date by which such payment is required pursuant to subsection 8 or 9, as applicable; and
(b) Without requiring the injured employee to make an election whether to receive his or her compensation in installment payments or in a lump sum.
12. The Division may adopt schedules for rating permanent disabilities resulting from injuries sustained before July 1, 1973, and reasonable regulations to carry out the provisions of this section.
κ2023 Statutes of Nevada, Page 3632 (CHAPTER 535, SB 274)κ
13. The increase in compensation and benefits effected by the amendment of this section is not retroactive for accidents which occurred before July 1, 1973.
14. This section does not entitle any person to double payments for the death of an employee and a continuation of payments for a permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal.
15. The Administrator shall prepare and publish on the Internet website of the Division an annual report which contains:
(a) The name of each rating physician or chiropractic physician who was selected in the immediately preceding year to conduct an evaluation to determine the extent of an employees disability pursuant to this section; and
(b) For each rating physician or chiropractic physician identified pursuant to paragraph (a):
(1) The number of times the rating physician or chiropractic physician was selected to conduct an evaluation to determine the extent of an employees disability; and
(2) The number of evaluations that the rating physician or chiropractic physician completed.
Sec. 18. NRS 616C.495 is hereby amended to read as follows:
616C.495 1. Except as otherwise provided in NRS 616C.380, an award for a permanent partial disability may be paid in a lump sum under the following conditions:
(a) A claimant injured on or after July 1, 1973, and before July 1, 1981, who incurs a disability that does not exceed 12 percent may elect to receive his or her compensation in a lump sum. A claimant injured on or after July 1, 1981, and before July 1, 1995, who incurs a disability that does not exceed 30 percent may elect to receive his or her compensation in a lump sum.
(b) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation in accordance with NRS 616C.505, is entitled to a lump sum equal to the present value of the deceased claimants undisbursed award for a permanent partial disability.
(c) Any claimant injured on or after July 1, 1981, and before July 1, 1995, who incurs a disability that exceeds 30 percent may elect to receive his or her compensation in a lump sum equal to the present value of an award for a disability of 30 percent. If the claimant elects to receive compensation pursuant to this paragraph, the insurer shall pay in installments to the claimant that portion of the claimants disability in excess of 30 percent.
(d) Any claimant injured on or after July 1, 1995, and before January 1, 2016, who incurs a disability that:
(1) Does not exceed 25 percent may elect to receive his or her compensation in a lump sum.
(2) Exceeds 25 percent may:
(I) Elect to receive his or her compensation in a lump sum equal to the present value of an award for a disability of 25 percent. If the claimant elects to receive compensation pursuant to this sub-subparagraph, the insurer shall pay in installments to the claimant that portion of the claimants disability in excess of 25 percent.
(II) To the extent that the insurer has offered to provide compensation in a lump sum up to the present value of an award for disability of 30 percent, elect to receive his or her compensation in a lump sum up to the present value of an award for a disability of 30 percent.
κ2023 Statutes of Nevada, Page 3633 (CHAPTER 535, SB 274)κ
sum up to the present value of an award for a disability of 30 percent. If the claimant elects to receive compensation pursuant to this sub-subparagraph, the insurer shall pay in installments to the claimant that portion of the claimants disability in excess of 30 percent.
(e) Any claimant injured on or after January 1, 2016, and before July 1, 2017, who incurs a disability that:
(1) Does not exceed 30 percent may elect to receive his or her compensation in a lump sum.
(2) Exceeds 30 percent may elect to receive his or her compensation in a lump sum equal to the present value of an award for a disability of 30 percent. If the claimant elects to receive compensation pursuant to this subparagraph, the insurer shall pay in installments to the claimant that portion of the claimants disability in excess of 30 percent.
(f) Any claimant injured on or after July 1, 2017, who incurs a disability that exceeds 30 percent may elect to receive his or her compensation in a lump sum equal to the present value of an award for a disability of up to 30 percent. If the claimant elects to receive compensation pursuant to this paragraph, the insurer shall pay in installments to the claimant that portion of the claimants disability in excess of 30 percent.
(g) If the permanent partial disability rating of a claimant seeking compensation pursuant to this section would, when combined with any previous permanent partial disability rating of the claimant that resulted in an award of benefits to the claimant, result in the claimant having a total permanent partial disability rating in excess of 100 percent, the claimants disability rating upon which compensation is calculated must be reduced by such percentage as required to limit the total permanent partial disability rating of the claimant for all injuries to not more than 100 percent.
2. If the claimant elects to receive his or her payment for a permanent partial disability in a lump sum pursuant to subsection 1, all of the claimants benefits for compensation terminate. Except as otherwise provided in paragraph (d), the claimants acceptance of that payment constitutes a final settlement of all factual and legal issues in the case. By so accepting the claimant waives all of his or her rights regarding the claim, including the right to appeal from the closure of the case or the percentage of his or her disability, except:
(a) The right of the claimant to:
(1) Reopen his or her claim in accordance with the provisions of NRS 616C.390; or
(2) Have his or her claim considered by his or her insurer pursuant to NRS 616C.392;
(b) Any counseling, training or other rehabilitative services provided by the insurer;
(c) The right of the claimant to receive a benefit penalty in accordance with NRS 616D.120; and
(d) The right of the claimant to conclude or resolve any contested matter which is pending at the time that the claimant executes his or her election to receive his or her payment for a permanent partial disability in a lump sum. The provisions of this paragraph do not apply to:
(1) The scope of the claim;
(2) The claimants stable and ratable status; and
(3) The claimants average monthly wage.
κ2023 Statutes of Nevada, Page 3634 (CHAPTER 535, SB 274)κ
3. The claimant, when he or she demands payment in a lump sum pursuant to subsection 2, must be provided with a written notice which prominently displays a statement describing the effects of accepting payment in a lump sum of an entire permanent partial disability award, any portion of such an award or any uncontested portion of such an award, and that the claimant has 20 days after the mailing or personal delivery of the notice within which to retract or reaffirm the demand, before payment may be made and the claimants election becomes final.
4. Any lump-sum payment which has been paid on a claim incurred on or after July 1, 1973, must be supplemented if necessary to conform to the provisions of this section.
5. Except as otherwise provided in this subsection, the total lump-sum payment for disablement must not be less than one-half the product of the average monthly wage multiplied by the percentage of disability. If the claimant received compensation in installment payments for his or her permanent partial disability before electing to receive payment for that disability in a lump sum, the lump-sum payment must be calculated for the remaining payment of compensation.
6. The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid. The present value must be calculated using monthly payments in the amounts prescribed in subsection 8 of NRS 616C.490 and actuarial annuity tables adopted by the Division. The tables must be reviewed annually by a consulting actuary and must be adjusted accordingly on July 1 of each year by the Division using:
(a) The most recent unisex Static Mortality Tables for Defined Benefit Pension Plans published by the Internal Revenue Service; and
(b) The average 30-Year Treasury Constant Maturity Rate for March of the current year as reported by the Board of Governors of the Federal Reserve System.
7. To calculate the present value of a lump sum payable to a claimant, the insurer shall use the actuarial annuity tables adopted by the Division that are in effect on the date on which the claimant elects payment in a lump sum.
8. If a claimant would receive more money by electing to receive compensation in a lump sum than the claimant would if he or she receives installment payments, the claimant may elect to receive the lump-sum payment.
Sec. 19. Chapter 616D of NRS is hereby amended by adding thereto a new section to read as follows:
1. If the Administrator orders an insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization to pay a benefit penalty pursuant to NRS 616D.120, the Administrator shall post on the Internet website of the Division:
(a) The full legal name of the insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization;
(b) The amount of the benefit penalty imposed; and
(c) A brief description of the violation for which the benefit penalty was imposed.
κ2023 Statutes of Nevada, Page 3635 (CHAPTER 535, SB 274)κ
2. The information required by subsection 1 must:
(a) Be published not more than 30 days after the date on which the time for taking an appeal on the order to impose the benefit penalty has elapsed or the date on which all appeals regarding the order have been exhausted and the order to impose the benefit penalty has been upheld, whichever is later.
(b) Remain posted on the Internet website of the Division for not less than 5 years after the date on which it is initially posted.
3. The Administrator shall establish and maintain on the Internet website of the Division a database which:
(a) Contains the information required by subsection 1;
(b) Is publicly accessible;
(c) Is searchable; and
(d) Is updated regularly.
Sec. 20. NRS 616D.120 is hereby amended to read as follows:
616D.120 1. Except as otherwise provided in this section, if the Administrator determines that an insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization has:
(a) Induced a claimant to fail to report an accidental injury or occupational disease;
(b) Without justification, persuaded a claimant to:
(1) Settle for an amount which is less than reasonable;
(2) Settle for an amount which is less than reasonable while a hearing or an appeal is pending; or
(3) Accept less than the compensation found to be due the claimant by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 617, inclusive, of NRS;
(c) Refused to pay or unreasonably delayed payment to a claimant of compensation or other relief found to be due the claimant by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the refusal or delay occurs:
(1) Later than 10 days after the date of the settlement agreement or stipulation;
(2) Later than 30 days after the date of the decision of a court, hearing officer, appeals officer or the Division, unless a stay has been granted; or
(3) Later than 10 days after a stay of the decision of a court, hearing officer, appeals officer or the Division has been lifted;
(d) Refused to process a claim for compensation pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;
(e) Made it necessary for a claimant to initiate proceedings pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for compensation or other relief found to be due the claimant by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;
(f) Failed to comply with the Divisions regulations covering the payment of an assessment relating to the funding of costs of administration of chapters 616A to 617, inclusive, of NRS;
κ2023 Statutes of Nevada, Page 3636 (CHAPTER 535, SB 274)κ
(g) Failed to provide or unreasonably delayed payment to an injured employee or reimbursement to an insurer pursuant to NRS 616C.165;
(h) Engaged in a pattern of untimely payments to injured employees; or
(i) Intentionally failed to comply with any provision of, or regulation adopted pursuant to, this chapter or chapter 616A, 616B, 616C or 617 of NRS,
Κ the Administrator shall impose an administrative fine of $1,500 for each initial violation, or a fine of $15,000 for a second or subsequent violation.
2. Except as otherwise provided in chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the Administrator determines that an insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization has failed to comply with any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, the Administrator may take any of the following actions:
(a) Issue a notice of correction for:
(1) A minor violation, as defined by regulations adopted by the Division; or
(2) A violation involving the payment of compensation in an amount which is greater than that required by any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto.
Κ The notice of correction must set forth with particularity the violation committed and the manner in which the violation may be corrected. The provisions of this section do not authorize the Administrator to modify or negate in any manner a determination or any portion of a determination made by a hearing officer, appeals officer or court of competent jurisdiction or a provision contained in a written settlement agreement or written stipulation.
(b) Impose an administrative fine for:
(1) A second or subsequent violation for which a notice of correction has been issued pursuant to paragraph (a); or
(2) Any other violation of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, for which a notice of correction may not be issued pursuant to paragraph (a).
Κ The fine imposed must not be greater than $375 for an initial violation, or more than $3,000 for any second or subsequent violation.
(c) Order a plan of corrective action to be submitted to the Administrator within 30 days after the date of the order.
3. If the Administrator determines that a violation of any of the provisions of paragraphs (a) to (e), inclusive, (h) or (i) of subsection 1 has occurred, the Administrator shall order the insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization to pay to the claimant a benefit penalty:
(a) Except as otherwise provided in paragraph (b), in an amount that is not less than [$5,000] $17,000 and not greater than [$50,000;] $120,000; or
(b) Of $3,000 if the violation involves a late payment of compensation or other relief to a claimant in an amount which is less than $500 or which is not more than 14 days late.
4. To determine the amount of the benefit penalty, the Administrator shall consider the degree of physical harm suffered by the injured employee or the dependents of the injured employee as a result of the violation of paragraph (a), (b), (c), (d), (e), (h) or (i) of subsection 1, the amount of compensation found to be due the claimant and the number of fines and benefit penalties, other than a benefit penalty described in paragraph (b) of subsection 3, previously imposed against the insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization pursuant to this section.
κ2023 Statutes of Nevada, Page 3637 (CHAPTER 535, SB 274)κ
benefit penalties, other than a benefit penalty described in paragraph (b) of subsection 3, previously imposed against the insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization pursuant to this section. The Administrator shall also consider the degree of economic harm suffered by the injured employee or the dependents of the injured employee as a result of the violation of paragraph (a), (b), (c), (d), (e), (h) or (i) of subsection 1. Except as otherwise provided in this section, the benefit penalty is for the benefit of the claimant and must be paid directly to the claimant within [10] 15 days after the date of the Administrators determination. If the claimant is the injured employee and the claimant dies before the benefit penalty is paid to him or her, the benefit penalty must be paid to the estate of the claimant. Proof of the payment of the benefit penalty must be submitted to the Administrator within [10] 15 days after the date of the Administrators determination unless an appeal is filed pursuant to NRS 616D.140 [.] and a stay has been granted. Any compensation to which the claimant may otherwise be entitled pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS must not be reduced by the amount of any benefit penalty received pursuant to this subsection. To determine the amount of the benefit penalty in cases of multiple violations occurring within a certain period of time, the Administrator shall adopt regulations which take into consideration:
(a) The number of violations within a certain number of years for which a benefit penalty was imposed; and
(b) The number of claims handled by the insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization in relation to the number of benefit penalties previously imposed within the period of time prescribed pursuant to paragraph (a).
5. In addition to any fine or benefit penalty imposed pursuant to this section, the Administrator may assess against an insurer who violates any regulation concerning the reporting of claims expenditures or premiums received that are used to calculate an assessment an administrative penalty of up to twice the amount of any underpaid assessment.
6. If:
(a) The Administrator determines that a person has violated any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive; and
(b) The Fraud Control Unit for Industrial Insurance of the Office of the Attorney General established pursuant to NRS 228.420 notifies the Administrator that the Unit will not prosecute the person for that violation,
Κ the Administrator shall impose an administrative fine of not more than $15,000.
7. Two or more fines of $1,000 or more imposed in 1 year for acts enumerated in subsection 1 must be considered by the Commissioner as evidence for the withdrawal of:
(a) A certificate to act as a self-insured employer.
(b) A certificate to act as an association of self-insured public or private employers.
(c) A certificate of registration as a third-party administrator.
8. The Commissioner may, without complying with the provisions of NRS 616B.327 or 616B.431, withdraw the certification of a self-insured employer, association of self-insured public or private employers or third-party administrator if, after a hearing, it is shown that the self-insured employer, association of self-insured public or private employers or third-party administrator violated any provision of subsection 1.
κ2023 Statutes of Nevada, Page 3638 (CHAPTER 535, SB 274)κ
employer, association of self-insured public or private employers or third-party administrator if, after a hearing, it is shown that the self-insured employer, association of self-insured public or private employers or third-party administrator violated any provision of subsection 1.
9. If the Administrator determines that a vocational rehabilitation counselor has violated the provisions of NRS 616C.543, the Administrator may impose an administrative fine on the vocational rehabilitation counselor of not more than $250 for a first violation, $500 for a second violation and $1,000 for a third or subsequent violation.
10. The Administrator may make a claim against the bond required pursuant to NRS 683A.0857 for the payment of any administrative fine or benefit penalty imposed for a violation of the provisions of this section.
Sec. 21. NRS 616D.130 is hereby amended to read as follows:
616D.130 1. Upon receipt of a complaint for a violation of subsection 1 , 2 or 3 of NRS 616D.120, or if the Administrator has reason to believe that such a violation has occurred, the Administrator shall [cause] :
(a) Promptly provide a copy of the complaint, or an explanation of the reason the Administrator believes that a violation has occurred to :
(1) The Commissioner; and
(2) The insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization that allegedly committed the violation; and
(b) Cause to be conducted an investigation of the alleged violation. [Except as otherwise provided in subsection 2, the]
2. The Administrator shall [, within] :
(a) Within 30 days after [initiating the] receipt of a complaint, initiate an investigation [:
(a) Render] ;
(b) Within 60 days after the date on which the investigation is initiated, complete the investigation; and
(c) Within 30 days after the investigation is completed, render a determination [.] and deliver a copy of the determination to:
(1) The Commissioner; and
(2) The insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization that was the subject of the investigation.
3. The determination rendered pursuant to subsection 2 must include the Administrators findings of fact , any settlement agreement on the matter and, if the Administrator determines that a violation has occurred, one or more of the following:
[(1)] (a) The amount of any fine required to be paid pursuant to NRS 616D.120.
[(2)] (b) The amount of any benefit penalty required to be paid to a claimant pursuant to NRS 616D.120.
[(3)] (c) A plan of corrective action to be taken by the insurer, organization for managed care, health care provider, third-party administrator or employer, including the manner and time within which the violation must be corrected.
[(4)] (d) A requirement that notice of the violation be given to the appropriate agency that regulates the activities of the violator.
[(b) Notify the Commissioner if the Administrator determines that a violation was committed by a self-insured employer, association of self-insured public or private employers or third-party administrator.
κ2023 Statutes of Nevada, Page 3639 (CHAPTER 535, SB 274)κ
2. Upon receipt of a complaint for any violation of paragraph (a), (b), (c) or (d) of subsection 1 of NRS 616D.120, or if the Administrator has reason to believe that such a violation has occurred, the Administrator shall complete the investigation required by subsection 1 within 60 days and, within 30 days after the completion of the investigation, render a determination and notify the Commissioner if the Administrator determines that a violation was committed by a self-insured employer, association of self-insured public or private employers or third-party administrator.
3.] 4. If, based upon the Administrators findings of fact, the Administrator determines that a violation has not occurred, the Administrator shall issue a determination to that effect.
Sec. 22. NRS 616D.140 is hereby amended to read as follows:
616D.140 1. If a person wishes to contest a decision of the Administrator to impose or refuse to impose a benefit penalty pursuant to NRS 616D.120, the person must file a notice of appeal with an appeals officer in accordance with this section. The notice of appeal must set forth the reasons the proposed benefit penalty should or should not be imposed.
2. A person who is aggrieved by:
(a) A written determination of the Administrator; or
(b) The failure of the Administrator to respond within [90] 120 days to a [written request mailed to] complaint filed pursuant to NRS 616D.130 and received by the Administrator [by] from the person who is aggrieved,
Κ may appeal from the determination or failure to respond by filing a request for a hearing before an appeals officer. The request must be filed within 30 days after the date on which the notice of the Administrators determination was mailed by the Administrator or within [100] 150 days after the date on which the unanswered [written request was mailed to] complaint was received by the Administrator, as applicable. The failure of the Administrator to respond [to a written request for a determination] within [90] 120 days after receipt of the [request] complaint shall be deemed by the appeals officer to be a denial [of the request.] of any allegation of a violation of subsection 1, 2 or 3 of NRS 616D.120 set forth in the complaint. After the expiration of the 120-day period after receipt of the complaint, the Administrator shall have no further jurisdiction to issue a determination concerning the complaint, and only the appeals officer shall have jurisdiction over the decision to impose or refuse to impose the benefit penalty.
3. If a notice of appeal is not filed as required by this section, the imposition of or refusal to impose the benefit penalty shall be deemed a final order and is not subject to review by any court or agency.
4. A hearing held pursuant to this section must be conducted by the appeals officer as a hearing de novo. The appeals officer shall render a written decision on the appeal. Except as otherwise provided in this section, the provisions of NRS 616C.345 to 616C.385, inclusive, apply to an appeal filed pursuant to this section.
5. A benefit penalty imposed pursuant to NRS 616D.120 must be paid to the claimant on whose behalf it is imposed. If such a payment is not made within the period required by NRS 616D.120, the benefit penalty may be recovered in a civil action brought by the Administrator on behalf of the claimant in a court of competent jurisdiction in the county in which the claimant resides, in which the violation occurred or in which the person who is required to pay the benefit penalty has his or her principal place of business.
κ2023 Statutes of Nevada, Page 3640 (CHAPTER 535, SB 274)κ
6. Any party aggrieved by a decision issued pursuant to this section by an appeals officer may appeal the decision directly to the district court.
7. If an appeals officer or district court renders a decision upholding the imposition of a benefit penalty, the insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization upon which the benefit penalty is imposed shall, not later than 30 days after the date on which the decision is rendered, unless an appeal is filed and a stay has been granted, pay to the claimant the benefit penalty in an amount equal to twice the amount of the benefit penalty initially imposed.
8. If a claimant enters into a settlement agreement with an insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization concerning the amount of a benefit penalty owed to the claimant, the insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization shall pay directly to the claimant the amount agreed upon in the settlement agreement not later than 15 days after the date on which the settlement agreement is made.
9. If an insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization fails to pay a benefit penalty to a claimant within the time limits imposed by this section or subsection 4 of NRS 616D.120, the Commissioner may suspend, pending an investigation or any other disciplinary action, any certificate issued by the Commissioner to the insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization, as applicable.
Sec. 23. The amendatory provisions of sections 19 to 22, inclusive, of this act apply only with respect to claims which are filed on or after January 1, 2024.
Sec. 24. 1. This section and section 23 of this act become effective upon passage and approval.
2. Sections 1 to 22, 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.
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