[Rev. 3/13/2024 9:49:55 AM]
κ2023 Statutes of Nevada, Page 243κ
Senate Bill No. 18Committee on Government Affairs
CHAPTER 53
[Approved: May 29, 2023]
AN ACT relating to land use planning; revising requirements regarding the frequency of meetings of planning commissions in certain counties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the planning commission of a city, county or region, as applicable, to hold at least one regular meeting in each month. (NRS 278.050) This bill requires each planning commission in a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties) to hold at least one regular meeting in each quarter. Each planning commission in a county whose population is 100,000 or more (currently Clark and Washoe Counties) is still required to hold at least one regular meeting in each month.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 278.050 is hereby amended to read as follows:
278.050 1. [The] Each commission :
(a) In a county whose population is 100,000 or more shall hold at least one regular meeting in each month.
(b) In a county whose population is less than 100,000 shall hold at least one regular meeting in each quarter.
2. The commission shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which record is a public record.
3. Except as otherwise provided in subsection 4, in a county whose population is 700,000 or more, the commission shall not grant to an applicant or authorized representative thereof more than two continuances requested by the applicant or authorized representative on the same matter, unless the commission determines, upon good cause shown, that the granting of additional continuances is warranted. If the commission grants a continuance pursuant to this subsection for good cause shown, the person on whose behalf the continuance was granted must make a good faith effort to resolve the issues concerning which the continuance was requested.
4. An applicant or authorized representative thereof may request a continuance on a matter on behalf of an officer or employee of a city or county, a member of the commission or any owner of property that may be directly affected by the matter. If the commission grants the continuance, the continuance must not be counted toward the limitation on the granting of continuances set forth in subsection 3 relating to that matter.
5. As used in this section:
(a) Applicant means the person who owns the property to which the application pending before the commission pertains.
(b) Good cause includes, without limitation:
κ2023 Statutes of Nevada, Page 244 (CHAPTER 53, SB 18)κ
(1) The desire by the applicant or authorized representative thereof to:
(I) Revise plans, drawings or other documents relating to the matter;
(II) Engage in negotiations concerning the matter with any person or governmental entity; or
(III) Retain counsel to represent him or her in the matter.
(2) Circumstances relating to the matter that are beyond the control of the applicant or authorized representative thereof.
Sec. 2. This act becomes effective on July 1, 2023.
________
Senate Bill No. 19Committee on Government Affairs
CHAPTER 54
[Approved: May 29, 2023]
AN ACT relating to local governments; prohibiting, with certain exceptions, a governing body of a city from annexing certain territory; authorizing, under certain circumstances, a board of county commissioners to form an unincorporated town that consists of certain territory; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a board of county commissioners to form an unincorporated town: (1) upon initiative petition of the residents of any specified unincorporated area within the county; (2) by ordinance in a county whose population is 700,000 or more (currently Clark County) if the area contains no residents and the owners of land within the boundaries of the proposed unincorporated town request the formation in writing to the board of county commissioners; or (3) by ordinance if specific unincorporated areas are required by state or federal law to administer certain services. (NRS 269.535-269.570) If a board of county commissioners of a county whose population is 700,000 or more provides for the formation of an unincorporated town in an area that contains no residents, the board of county commissioners may defer the appointment of a town advisory board based on certain conditions set forth in the ordinance. (NRS 269.563) Section 13 of this bill authorizes a board of county commissioners to provide by ordinance for the formation of an unincorporated town that: (1) includes territory that is conveyed or transferred to the county, or authorized to be conveyed or transferred to the county, pursuant to certain federal law; or (2) is located not more than 1 mile from such territory. Section 13 also: (1) requires the board of county commissioners to hold a public hearing on the formation of such an unincorporated town and mail notice of the public hearing to all owners of real property in the area; and (2) authorizes a board of county commissioners to defer the appointment of a town advisory board of an unincorporated town formed in such an area based on certain conditions set forth in the ordinance.
Existing law requires an unincorporated town established in a county whose population is 700,000 or more that is located 25 miles or more from an incorporated city whose population is 500,000 or more (currently Las Vegas) to provide for the election of the town advisory board. (NRS 269.576) Section 16 of this bill provides that this requirement does not apply to an unincorporated town established pursuant to section 13.
κ2023 Statutes of Nevada, Page 245 (CHAPTER 54, SB 19)κ
Sections 14-19 of this bill make conforming changes to incorporate section 13 into the provisions of chapter 269 of the Nevada Revised Statutes and establish that the deferral of the town advisory board is an exception to certain requirements in chapter 269 of the Nevada Revised Statutes.
Existing law authorizes the governing body of a city in a county whose population is 700,000 or more (currently Clark County) to extend the corporate limits of the city using certain procedures. (NRS 268.570-268.608) Section 2 of this bill prohibits, with certain exceptions, the governing body of such a city from extending the corporate limits of the city to include all or part of any territory that: (1) is conveyed or transferred to the county, or authorized to be conveyed or transferred to the county, pursuant to certain federal law; or (2) is located not more than 1 mile from such territory. Section 2 also authorizes the governing body of a city to annex such territory if: (1) the annexation is approved by a resolution of the board of county commissioners; (2) the annexation occurs before the effective date of this bill; (3) the annexation occurs before the effective date of certain federal law; or (4) the territory is located within the boundaries of an area subject to an interlocal agreement between the city and county for joint land use planning that has a term of not less than 5 years.
Sections 4-7 of this bill make conforming changes to incorporate section 2 into chapter 268 of the Nevada Revised Statutes and establish that the prohibition is an exception to the authority of the governing body of a city to extend the corporate limits of the city.
Existing law authorizes the governing body of a city in a county whose population is less than 700,000 (currently all counties other than Clark County) to extend the corporate limits of the city using certain procedures. (NRS 268.610-268.671) Section 3 of this bill prohibits, with certain exceptions, the governing body of such a city from extending the corporate limits of the city to include all or part of any territory that: (1) is conveyed or transferred to the county, or authorized to be conveyed or transferred to the county, pursuant to certain federal law; or (2) is located not more than 1 mile from such territory. Section 3 also authorizes the governing body of a city to annex such territory if: (1) the annexation is approved by a resolution of the board of county commissioners; (2) the annexation occurs before the effective date of this bill; (3) the annexation occurs before the effective date of certain federal law; or (4) the territory is located within the boundaries of an area subject to an interlocal agreement between the city and county for joint land use planning that has a term of not less than 5 years.
Sections 8-12 of this bill make conforming changes to incorporate section 3 into chapter 268 of the Nevada Revised Statutes and establish that the prohibition is an exception to the authority of the governing body of a city to extend the corporate limits of the city.
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 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Except as otherwise provided in subsection 2, the governing body of a city shall not annex into the corporate limits of the city territory that:
(a) Is conveyed or transferred to the county, or authorized to be conveyed or transferred to the county, pursuant to a federal law that:
(1) Is enacted after January 1, 2000; and
(2) Conveys or transfers to the county, or authorizes to be conveyed or transferred to the county, at least 5,000 acres for the purpose of:
κ2023 Statutes of Nevada, Page 246 (CHAPTER 54, SB 19)κ
(I) Developing an airport and any related infrastructure; or
(II) Addressing noise compatibility issues related to an airport; or
(b) Is located not more than 1 mile from any territory described in paragraph (a).
2. The governing body of a city may annex into the corporate limits of the city any territory described in subsection 1 if, in addition to the governing body of the city complying with the procedures for annexation set forth in NRS 268.578 to 268.596, inclusive, or the alternative procedures set forth in NRS 268.597, one of the following circumstances apply:
(a) The annexation is approved by a resolution of the board of county commissioners of the county;
(b) The annexation occurs before the effective date of this act;
(c) The annexation occurs before the effective date of the federal law which causes the territory to satisfy the criteria set forth in subsection 1; or
(d) The territory is located within the boundaries of an area subject to an interlocal agreement between the governing body of the city and the board of county commissioners for joint land use planning which has a term of not less than 5 years.
Sec. 3. 1. Except as otherwise provided in subsection 2, the governing body of a city shall not annex into the corporate limits of the city territory that:
(a) Is conveyed or transferred to the county, or authorized to be conveyed or transferred to the county, pursuant to a federal law that:
(1) Is enacted after January 1, 2000; and
(2) Conveys or transfers to the county, or authorizes to be conveyed or transferred to the county, at least 5,000 acres for the purpose of:
(I) Developing an airport and any related infrastructure; or
(II) Addressing noise compatibility issues related to an airport; or
(b) Is located not more than 1 mile from any territory described in paragraph (a).
2. The governing body of a city may annex into the corporate limits of the city any territory described in subsection 1 if, in addition to the governing body of the city complying with the procedures for annexation set forth in NRS 268.610 to 268.668, inclusive, or the alternative procedures set forth in NRS 268.670, one of the following circumstances apply:
(a) The annexation is approved by a resolution of the board of county commissioners of the county;
(b) The annexation occurs before the effective date of this act;
(c) The annexation occurs before the effective date of the federal law which causes the territory to satisfy the criteria set forth in subsection 1; or
(d) The territory is located within the boundaries of an area subject to an interlocal agreement between the governing body of the city and the board of county commissioners for joint land use planning which has a term of not less than 5 years.
Sec. 4. NRS 268.570 is hereby amended to read as follows:
268.570 The provisions of NRS 268.570 to 268.608, inclusive, and section 2 of this act, apply only to cities located in a county whose population is 700,000 or more.
κ2023 Statutes of Nevada, Page 247 (CHAPTER 54, SB 19)κ
Sec. 5. NRS 268.574 is hereby amended to read as follows:
268.574 As used in NRS 268.570 to 268.608, inclusive [:] , and section 2 of this act:
1. Contiguous means either abutting directly on the boundary of the annexing municipality or separated from the boundary thereof by a street, alley, public right-of-way, creek, river or the right-of-way of a railroad or other public service corporation, or by lands owned by the annexing municipality, by some other political subdivision of the State or by the State of Nevada.
2. Lot or parcel means any tract of land of sufficient size to constitute a legal building lot as determined by the zoning ordinance of the county in which the territory proposed to be annexed is situated. If such county has not enacted a zoning ordinance, the question of what constitutes a building lot shall be determined by reference to the zoning ordinance of the annexing municipality.
3. Majority of the property owners in a territory means the record owners of real property:
(a) Whose combined value is greater than 50 percent of the total value of real property in the territory, as determined by assessment for taxation; and
(b) Whose combined area is greater than 50 percent of the total area of the territory, excluding lands held by public bodies.
4. A lot or parcel of land is used for residential purposes if it is 5 acres or less in area and contains a habitable dwelling unit of a permanent nature.
Sec. 6. NRS 268.580 is hereby amended to read as follows:
268.580 1. [The] Except as otherwise provided in section 2 of this act, the governing body of any city may extend the corporate limits of the city to include any territory which meets the general standards of subsection 2 and every part of which meets the requirements of subsection 3, 4, 5 or 6.
2. The total area proposed to be annexed must meet the following standards:
(a) It must be contiguous to the annexing citys boundaries at the time the annexation proceedings are instituted.
(b) Not less than one-eighth of the aggregate external boundaries must be contiguous to the boundaries of the annexing city.
(c) No part of the territory proposed to be annexed may be included within the boundaries of another incorporated city as those boundaries exist on July 1, 1983.
(d) No part of the territory proposed to be annexed may be included within the boundaries of any unincorporated town as those boundaries exist on July 1, 1983, without the prior approval of the governing body of the unincorporated town in which the territory is located.
3. All of the territory proposed to be annexed must be developed for urban purposes. An area developed for urban purposes is defined as any area which meets any one of the following standards:
(a) Has a total resident population density of two or more persons per acre of land included within its boundaries;
(b) Has a total resident population density of one or more persons per acre of land included within its boundaries, and is subdivided or parceled, through separate ownerships, into lots or parcels such that at least 60 percent of the total acreage consists of lots and parcels 5 acres or less in size and such that at least 60 percent of the total number of lots and parcels are 1 acre or less in size; or
κ2023 Statutes of Nevada, Page 248 (CHAPTER 54, SB 19)κ
(c) Is so developed that at least 60 percent of the total number of lots and parcels in the territory to be annexed, at the time of the annexation, are used for any combination of residential, commercial, industrial, institutional or governmental purposes, and is subdivided or is parceled, through separate ownerships, into lots or parcels such that at least 60 percent of the total acreage, not including the acreage used at the time of annexation for commercial, industrial, institutional or governmental purposes, consists of lots and parcels 5 acres or less in size.
4. In addition to the areas developed for urban purposes, the governing body may include in the territory proposed to be annexed any territory which does not meet the requirements of subsection 3 if the area:
(a) Is contiguous to the boundary of the annexing city and lies between the boundary of the annexing city and an area developed for urban purposes, so that the area developed for urban purposes is not adjacent to the boundary of the annexing city or cannot be served by the annexing city without extending services through such sparsely developed territory; and
(b) Is contiguous, on at least 60 percent of its aggregate external boundaries, to any combination of the boundary of the annexing city and the boundary of the area or areas developed for urban purposes as defined in subsection 3.
Κ The purpose of this subsection is to permit municipal governing bodies to extend corporate limits to include all nearby areas developed for urban purposes where it is necessary to include areas which, at the time of annexation, are not yet developed for urban purposes, but which constitute necessary land connections between the municipality and areas developed for urban purposes or between two or more areas developed for urban purposes.
5. A governing body may also annex any territory that does not meet the requirements of subsection 3 if the territory is bounded on at least 75 percent of its aggregate external boundaries by the existing corporate boundaries of the annexing city.
6. A governing body may also annex any territory that does not meet the requirements of subsection 3 if:
(a) The owners of record of not less than 75 percent of the individual lots or parcels of land within the territory sign a petition requesting the governing body to annex the territory to the municipality; or
(b) The governing body receives a written statement from a governmental entity indicating that the governmental entity:
(1) Owns the territory; and
(2) Does not object to the annexation of that territory by the governing body.
Sec. 7. NRS 268.597 is hereby amended to read as follows:
268.597 1. [As] Except as otherwise provided in section 2 of this act, as an alternative to the procedures for annexation set forth in NRS 268.578 to 268.596, inclusive, the governing body of a city may, subject to the provisions of NRS 268.595, annex territory:
(a) That meets the requirements of subsection 2 of NRS 268.580 if all of the owners of record of individual lots or parcels of land within the territory sign a petition requesting the governing body to annex the territory to the city;
(b) That, on January 1, 2001, was undeveloped land and was bounded on at least 75 percent of its aggregate external boundaries by the existing corporate boundaries of the annexing city, if the governing body provides or will provide, within a reasonable period, municipal services to the territory that are substantially equivalent to the municipal services provided by the governing body to any area of the city and the governing body does not, on or before October 1, 2001, enter into a cooperative agreement with the governing body of the governmental entity within whose boundaries the territory is located which provides for the cooperation of the parties to the agreement concerning issues of land use and boundaries of that territory; or
κ2023 Statutes of Nevada, Page 249 (CHAPTER 54, SB 19)κ
will provide, within a reasonable period, municipal services to the territory that are substantially equivalent to the municipal services provided by the governing body to any area of the city and the governing body does not, on or before October 1, 2001, enter into a cooperative agreement with the governing body of the governmental entity within whose boundaries the territory is located which provides for the cooperation of the parties to the agreement concerning issues of land use and boundaries of that territory; or
(c) That is undeveloped land and is bounded on at least 75 percent of its aggregate external boundaries by the existing corporate boundaries of the annexing city and for which the governing body has received a written statement from a governmental entity indicating that the governmental entity:
(1) Owns the territory; and
(2) Does not object to the annexation of that territory by the governing body.
2. If:
(a) A petition specified in paragraph (a) of subsection 1 is accepted by the governing body;
(b) The territory proposed for annexation meets the requirements of paragraph (b) of subsection 1; or
(c) The governing body receives a written statement from a governmental entity pursuant to the provisions of paragraph (c) of subsection 1,
Κ the governing body may proceed to adopt an ordinance annexing the territory and to take such other action that is appropriate to accomplish the annexation.
3. As used in this section, municipal services includes, without limitation:
(a) Water;
(b) Sewerage;
(c) Police protection;
(d) Fire protection;
(e) Parks;
(f) Maintenance of streets; and
(g) Master planning for:
(1) The development and use of land;
(2) The provision of water and sewerage by the governing body; or
(3) The construction of regional infrastructure, including systems for the control of floods and street and utility projects.
Sec. 8. NRS 268.610 is hereby amended to read as follows:
268.610 1. The provisions of NRS 268.610 to 268.671, inclusive, and section 3 of this act, apply only to cities located in a county whose population is less than 700,000.
2. The provisions of NRS 268.610 to 268.671, inclusive, except NRS 268.663 [,] and section 3 of this act, do not apply to any city specified in subsection 1 whose charter provides specifically for the creation of an annexation commission to serve the city.
Sec. 9. NRS 268.612 is hereby amended to read as follows:
268.612 As used in NRS 268.610 to 268.671, inclusive, and section 3 of this act, the words and terms defined in NRS 268.614 to 268.624, inclusive, unless the context otherwise requires, have the meanings ascribed to them in those sections.
κ2023 Statutes of Nevada, Page 250 (CHAPTER 54, SB 19)κ
Sec. 10. NRS 268.630 is hereby amended to read as follows:
268.630 The commission shall have the following powers and duties:
1. [To] Except as otherwise provided in section 3 of this act, to review and approve or disapprove, with or without amendment, wholly, partially or conditionally, proposals for the annexation of territory to cities within the county.
2. To adopt procedures for the evaluation of proposals for the annexation of territory to cities within the county.
Sec. 11. NRS 268.648 is hereby amended to read as follows:
268.648 1. Upon conclusion of the hearing, the commission may take the matter under consideration and shall, within 30 days following conclusion of the hearing, present its determination. The commission may also adjourn a hearing from time to time, but not to exceed a total of 30 days.
2. If the commission determines that the proposal for annexation is prohibited by section 3 of this act, the commission shall disapprove the proposal.
3. A commission in any county that is subject to the provisions of NRS 278.026 to 278.029, inclusive, shall:
(a) Disapprove a proposal for annexation that is determined by the regional planning commission to be inconsistent with the comprehensive regional plan or with a program of annexation that is adopted and certified pursuant to NRS 268.625.
(b) [Approve] Except as otherwise provided in subsection 2, approve a proposal for annexation that is consistent with the comprehensive regional plan and a program of annexation that is adopted and certified pursuant to NRS 268.625.
[3.] 4. If the commission approves the annexation, proceedings therefor may be continued as provided in NRS 268.610 to 268.671, inclusive. Except as otherwise provided in this subsection, if the commission disapproves the proposed annexation, further proceedings to annex the territory to the city must terminate. If a county and affected cities have executed an interlocal agreement to transfer the duties of the annexation commission of the city to the regional planning commission, a county or city may appeal a determination of the regional planning commission in accordance with NRS 278.028. If the commission approves the proposed annexation with modifications or conditions, further proceedings for the annexation may be continued only in compliance with such modifications or conditions.
Sec. 12. NRS 268.670 is hereby amended to read as follows:
268.670 1. [As] Except as otherwise provided in section 3 of this act, as an alternative to the procedures for initiation of annexation proceedings set forth in NRS 268.610 to 268.668, inclusive, the governing body of a city may, subject to the provisions of NRS 268.663 and after notifying the board of county commissioners of the county in which the city lies of its intention, annex:
(a) Contiguous territory owned in fee by the city.
(b) Other contiguous territory if 100 percent of the owners of record of individual lots or parcels of land within such area sign a petition requesting the governing body to annex such area to the city. If such petition is received and accepted by the governing body, the governing body may proceed to adopt an ordinance annexing such area and to take such other action as is necessary and appropriate to accomplish such annexation.
κ2023 Statutes of Nevada, Page 251 (CHAPTER 54, SB 19)κ
2. For the purposes of this section, contiguous means either abutting directly on the boundary of the annexing municipality or separated from the boundary thereof by a street, alley, public right-of-way, creek, river or the right-of-way of a railroad or other public service corporation, or by lands owned by the annexing municipality, by some other political subdivision of the State or by the State of Nevada.
Sec. 13. Chapter 269 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A board of county commissioners may provide by ordinance for the formation of an unincorporated town that consists of territory that:
(a) Is conveyed or transferred to the county, or authorized to be conveyed or transferred to the county, pursuant to a federal law that:
(1) Is enacted after January 1, 2000; and
(2) Conveys or transfers to the county, or authorizes to be conveyed or transferred to the county, at least 5,000 acres for the purpose of:
(I) Developing an airport and any related infrastructure; or
(II) Addressing noise compatibility issues related to an airport; or
(b) Is located not more than 1 mile from any territory described in paragraph (a).
2. The ordinance adopted pursuant to subsection 1 must contain a clear designation of the boundaries of the unincorporated town, a listing of services to be provided, the number of members to serve on the town advisory board and the conditions which must be satisfied before the appointment of the first town advisory board. These conditions may include, without limitation, the number of residents, the level of services being provided and the extent of improvements in place.
3. Before a board of county commissioners adopts an ordinance pursuant to subsection 1, the board of county commissioners shall hold a public hearing on the proposed ordinance and provide notice of such public hearing. Notice of the public hearing must, without limitation:
(a) Be mailed not less than 15 days before the date set for the public hearing to each owner of record of real property which is located within the boundaries of the proposed town, as shown in the records of the county recorder as of a date selected by the board of county commissioners that is not more than 90 days before the date of the public hearing;
(b) Set forth the date, time and place of the public hearing; and
(c) Include a copy of the proposed ordinance creating the town.
Sec. 14. NRS 269.500 is hereby amended to read as follows:
269.500 NRS 269.500 to 269.625, inclusive, and section 13 of this act, may be cited as the Unincorporated Town Government Law.
Sec. 15. NRS 269.505 is hereby amended to read as follows:
269.505 Whenever used in NRS 269.500 to 269.625, inclusive, and section 13 of this act, unless a different meaning clearly appears from the context, the following words and terms defined in NRS 269.510, 269.515 and 269.520 have the meanings ascribed to them in those sections.
Sec. 16. NRS 269.576 is hereby amended to read as follows:
269.576 1. Except as appointment may be deferred pursuant to NRS 269.563 [,] or section 13 of this act, the board of county commissioners of any county whose population is 700,000 or more shall, in each ordinance which establishes an unincorporated town pursuant to NRS 269.500 to 269.625, inclusive, and section 13 of this act, provide for:
κ2023 Statutes of Nevada, Page 252 (CHAPTER 54, SB 19)κ
(a) Except as otherwise provided in subsection 7, appointment by the board of county commissioners or the election by the registered voters of the unincorporated town of three or five qualified electors who are residents of the unincorporated town to serve as the town advisory board. If the ordinance provides for appointment by the board of county commissioners, in making such appointments, the board of county commissioners shall consider:
(1) The results of any poll conducted by the town advisory board; and
(2) Any application submitted to the board of county commissioners by persons who desire to be appointed to the town advisory board in response to an announcement made by the town advisory board.
(b) A term of 2 years for members of the town advisory board.
(c) Election of a chair from among the members of the town advisory board for a term of 2 years, and, if a vacancy occurs in the office of chair, for the election of a chair from among the members for the remainder of the unexpired term. The ordinance must also provide that a chair is not eligible to succeed himself or herself for a term of office as chair.
2. Except as otherwise provided in subsection 7, the members of a town advisory board serve at the pleasure of the board of county commissioners.
3. If a vacancy occurs on the town advisory board, the board of county commissioners shall appoint a new member to serve out the remainder of the unexpired term of the member.
4. The board of county commissioners shall provide notice of the expiration of the term of a member of and any vacancy on a town advisory board to the residents of the unincorporated town by mail, newsletter or newspaper at least 30 days before the expiration of the term or filling the vacancy.
5. The duties of the town advisory board are to:
(a) Assist the board of county commissioners in governing the unincorporated town by acting as liaison between the residents of the town and the board of county commissioners; and
(b) Advise the board of county commissioners on matters of importance to the unincorporated town and its residents.
6. The board of county commissioners may provide by ordinance for compensation for the members of the town advisory board.
7. [If] Except an unincorporated town established pursuant to section 13 of this act, if an unincorporated town is established in a county whose population is 700,000 or more and is located 25 miles or more from an incorporated city whose population is 500,000 or more:
(a) The board of county commissioners shall by ordinance provide for the election by the registered voters of the unincorporated town of three or five qualified electors who are residents of the unincorporated town to serve as the town advisory board. If there are fewer qualified electors who are residents of the unincorporated town who file for election to the town advisory board than there are seats on the town advisory board, the board of county commissioners shall appoint as many new members as are necessary to fill the seats left vacant after the election.
(b) The members of the town advisory board of the unincorporated town do not serve at the pleasure of and may not be removed by the board of county commissioners.
κ2023 Statutes of Nevada, Page 253 (CHAPTER 54, SB 19)κ
Sec. 17. NRS 269.577 is hereby amended to read as follows:
269.577 1. [The] Except as appointment may be deferred pursuant to section 13 of this act, the board of county commissioners of any county whose population is less than 700,000 shall, in each ordinance which establishes an unincorporated town pursuant to NRS 269.500 to 269.625, inclusive, and section 13 of this act, provide for:
(a) The appointment by the board of county commissioners or the election by the people of three or five qualified electors who are residents of the unincorporated town to serve as the town advisory board.
(b) The removal of a member of the town advisory board if the board of county commissioners finds that the removal of the member is in the best interest of the residents of the unincorporated town.
(c) The appointment by the board of county commissioners of a member to serve the unexpired term of a member of the town advisory board removed pursuant to the provisions of paragraph (b) or whose position otherwise becomes vacant.
2. The board of county commissioners may provide by ordinance for compensation for the members of the town advisory board.
3. The duties of the town advisory board are to:
(a) Assist the board of county commissioners in governing the unincorporated town by acting as liaison between the residents of the town and the board of county commissioners; and
(b) Advise the board of county commissioners on matters of importance to the unincorporated town and its residents.
Sec. 18. NRS 269.578 is hereby amended to read as follows:
269.578 1. [The] Except as appointment may be deferred pursuant to section 13 of this act, the board of county commissioners of any county whose population is less than 700,000 shall appoint members for an appointive town advisory board which is created after June 30, 1983, to initial terms as follows:
(a) For a three-member board:
(1) One member for a term of no more than 1 year; and
(2) Two members for terms of more than 1 year but no more than 2 years.
Κ Each term must end on the first Monday in January of the appropriate year.
(b) For a five-member board:
(1) Two members for terms of no more than 1 year; and
(2) Three members for terms of more than 1 year but no more than 2 years.
Κ Each term must end on the first Monday in January of the appropriate year.
2. As the initial terms expire, the board of county commissioners shall appoint members for terms of 2 years thereafter.
3. If the town board is made elective after June 30, 1983, the ordinance creating it must provide for the division of the first elected board by lot into two classes whose terms will correspond to those provided in subsection 1.
Sec. 19. NRS 244.2963 is hereby amended to read as follows:
244.2963 If the board of county commissioners establishes a district for a fire department, the department:
1. Assumes all rights, duties, liabilities and obligations of any fire department in any unincorporated town in the county which is subject to the provisions of NRS 269.500 to 269.625, inclusive [.] , and section 13 of this act.
κ2023 Statutes of Nevada, Page 254 (CHAPTER 54, SB 19)κ
2. Assumes all rights, duties, liabilities and obligations of any county fire protection district only upon dissolution of the district as provided in chapter 474 of NRS.
Sec. 20. This act becomes effective upon passage and approval.
________
Senate Bill No. 21Committee on Government Affairs
CHAPTER 55
[Approved: May 29, 2023]
AN ACT relating to classifications based on population; revising the population bases that apply to certain provisions of the Nevada Revised Statutes; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that, except as otherwise provided or required by the context, population is defined for the entire Nevada Revised Statutes as the number of people in a specified area as determined by the last preceding national decennial census conducted by the Bureau of the Census of the United States Department of Commerce pursuant to the United States Constitution and as reported by the Secretary of Commerce to the Governor of Nevada. (NRS 0.050) The Nevada Supreme Court has upheld classifications in statutes based on the population of entities if the classification is rationally related to the subject matter and purpose of the statute, applies prospectively to all such entities that might come within its designated class and does not create an odious, absurd or bizarre distinction. (County of Clark v. City of Las Vegas, 97 Nev. 260, 264 (1981)) This bill revises the classifications of populations in certain provisions of the Nevada Revised Statutes in order to determine whether such classifications continue to meet the conditions expressed by the Nevada Supreme Court.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.1507 is hereby amended to read as follows:
244.1507 1. Except as otherwise provided in subsection 2, the board of county commissioners of a county whose population is less than [45,000] 52,000 may by ordinance direct that:
(a) The powers and duties of two or more county offices be combined into one county office.
(b) The powers and duties of one county office be allocated between two or more county offices.
2. A board of county commissioners shall not take the action described in subsection 1 unless:
(a) The board determines that the combining or separating of the applicable county offices will benefit the public;
(b) The board determines that the combining or separating of the applicable county offices will not create:
κ2023 Statutes of Nevada, Page 255 (CHAPTER 55, SB 21)κ
(1) An ethical, legal or practical conflict of interest; or
(2) A situation in which the powers and duties assigned to a county office are incompatible with the proper performance of that office in the public interest;
(c) The board submits to the residents of the county, in the form of an advisory ballot question pursuant to NRS 295.230, a proposal to combine or separate the applicable county offices; and
(d) A majority of the voters voting on the advisory ballot question approves the proposal.
3. If the combining or separating of county offices pursuant to this section will result in the elimination of one or more county offices, the combining or separating of offices must not become effective until the earlier of the date on which:
(a) The normal term of office of the person whose office will be eliminated expires; or
(b) The person whose office will be eliminated resigns.
4. If the combining or separating of county offices pursuant to this section results in the powers and duties of one county office being transferred to another county office, the county office to which the powers and duties are transferred shall be deemed to be the county office from which the powers and duties were transferred for the purposes of any applicable provision of law authorizing or requiring the performance or exercise of those powers and duties, as appropriate.
Sec. 2. NRS 244.2795 is hereby amended to read as follows:
244.2795 1. Except as otherwise provided in NRS 244.189, 244.276, 244.279, 244.2815, 244.2825, 244.2833, 244.2835, 244.284, 244.287, 244.290, 278.479 to 278.4965, inclusive, and subsection 3 of NRS 496.080, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on or before October 1, 2004, except if the board of county commissioners is entering into a joint development agreement for real property owned by the county to which the board of county commissioners is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for the sale or lease of real property to the State or another governmental entity and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election or special election, the board of county commissioners shall, when offering any real property for sale or lease:
(a) Except as otherwise provided in this paragraph and paragraph (h) of subsection 1 of NRS 244.281, obtain two independent appraisals of the real property before selling or leasing it. If the board of county commissioners holds a public hearing on the matter of the fair market value of the real property, one independent appraisal of the real property is sufficient before selling or leasing it. The appraisal or appraisals, as applicable, must have been prepared not more than 6 months before the date on which the real property is offered for sale or lease.
(b) Select the one independent appraiser or two independent appraisers, as applicable, from the list of appraisers established pursuant to subsection 2.
κ2023 Statutes of Nevada, Page 256 (CHAPTER 55, SB 21)κ
(c) Verify the qualifications of each appraiser selected pursuant to paragraph (b). The determination of the board of county commissioners as to the qualifications of the appraiser is conclusive.
2. The board of county commissioners shall adopt by ordinance the procedures for creating or amending a list of appraisers qualified to conduct appraisals of real property offered for sale or lease by the board. The list must:
(a) Contain the names of all persons qualified to act as a general appraiser in the same county as the real property that may be appraised; and
(b) Be organized at random and rotated from time to time.
3. An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income that may constitute a conflict of interest and any relationship with the real property owner or the owner of an adjoining real property.
4. An appraiser shall not perform an appraisal on any real property for sale or lease by the board of county commissioners if:
(a) The appraiser has an interest in the real property or an adjoining property;
(b) The real property is located in a county whose population is [45,000] 52,000 or more and any person who is related to the appraiser has an interest in the real property or an adjoining property and the relationship between the appraiser and the person is within the third degree of consanguinity or affinity; or
(c) The real property is located in a county whose population is less than [45,000] 52,000 and any person who is related to the appraiser has an interest in the real property or an adjoining property and the relationship between the appraiser and the person is within the second degree of consanguinity or affinity.
5. If real property is sold or leased in violation of the provisions of this section:
(a) The sale or lease is void; and
(b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.
Sec. 3. NRS 244.2815 is hereby amended to read as follows:
244.2815 1. A board of county commissioners may sell, lease or otherwise dispose of real property for the purposes of redevelopment or economic development:
(a) Without first offering the real property to the public; and
(b) For less than fair market value of the real property.
2. Before a board of county commissioners may sell, lease or otherwise dispose of real property pursuant to this section, the board must:
(a) Except as otherwise provided in subsection 3, obtain an appraisal of the real property pursuant to NRS 244.2795; and
(b) Adopt a resolution finding that it is in the best interest of the public to sell, lease or otherwise dispose of the real property:
(1) Without offering the real property to the public; and
(2) For less than fair market value of the real property.
3. The board of county commissioners of a county whose population is less than [45,000] 52,000 may lease real property pursuant to this section without obtaining the appraisal otherwise required pursuant to subsection 2 if:
κ2023 Statutes of Nevada, Page 257 (CHAPTER 55, SB 21)κ
(a) The real property was acquired by the county directly from the Federal Government; and
(b) The terms and conditions under which the real property was acquired prohibit the sale of the real property and provide for the reversion of the title to the real property to the Federal Government upon demand by the Federal Government.
4. As used in this section:
(a) Economic development means:
(1) The establishment of new commercial enterprises or facilities within the county;
(2) The support, retention or expansion of existing commercial enterprises or facilities within the county;
(3) The establishment, retention or expansion of public, quasi-public or other facilities or operations within the county;
(4) The establishment of residential housing needed to support the establishment of new commercial enterprises or facilities or the expansion of existing commercial enterprises or facilities; or
(5) Any combination of the activities described in subparagraphs (1) to (4), inclusive,
Κ to create and retain opportunities of employment for the residents of the county.
(b) Redevelopment has the meaning ascribed to it in NRS 279.408.
Sec. 4. NRS 244A.7645 is hereby amended to read as follows:
244A.7645 1. If a surcharge is imposed pursuant to NRS 244A.7643 in a county whose population is 100,000 or more, the board of county commissioners of that county shall establish by ordinance an advisory committee to develop a plan to enhance the telephone system for reporting an emergency in that county and to oversee any money allocated for that purpose. The advisory committee must:
(a) Consist of not less than five members who:
(1) Are residents of the county;
(2) Possess knowledge concerning telephone systems for reporting emergencies; and
(3) Are not elected public officers.
(b) Subject to the provisions of subparagraph (3) of paragraph (a), include the chief law enforcement officer or his or her designee from each office of the county sheriff, metropolitan police department, police department of an incorporated city within the county and department, division or municipal court of a city or town that employs marshals within the county, as applicable.
2. If a surcharge is imposed pursuant to NRS 244A.7643 in a county whose population is less than 100,000, the board of county commissioners of that county shall establish by ordinance an advisory committee to develop a plan to enhance or improve the telephone system for reporting an emergency in that county and to oversee any money allocated for that purpose. The advisory committee must:
(a) Consist of not less than five members who:
(1) Are residents of the county;
(2) Possess knowledge concerning telephone systems for reporting emergencies; and
(3) Are not elected public officers.
κ2023 Statutes of Nevada, Page 258 (CHAPTER 55, SB 21)κ
(b) Include a representative of an incumbent local exchange carrier which provides service to persons in that county. As used in this paragraph, incumbent local exchange carrier has the meaning ascribed to it in 47 U.S.C. § 251(h)(1), as that section existed on October 1, 1999, and includes a local exchange carrier that is treated as an incumbent local exchange carrier pursuant to that section.
(c) Subject to the provisions of subparagraph (3) of paragraph (a), include the chief law enforcement officer or his or her designee from each office of the county sheriff, metropolitan police department, police department of an incorporated city within the county and department, division or municipal court of a city or town that employs marshals within the county, as applicable.
3. If a surcharge is imposed in a county pursuant to NRS 244A.7643, the board of county commissioners of that county shall create a special revenue fund of the county for the deposit of the money collected pursuant to NRS 244A.7643. The money in the fund must be used only:
(a) To pay the costs of adopting and reviewing the 5-year master plan for the enhancement of the telephone system for reporting emergencies in the county that is required pursuant to NRS 244A.7643.
(b) With respect to the telephone system for reporting an emergency:
(1) In a county whose population is [45,000] 52,000 or more, to enhance the telephone system for reporting an emergency, including only:
(I) Paying recurring and nonrecurring charges for telecommunication services necessary for the operation of the enhanced telephone system;
(II) Paying costs for personnel and training associated with the routine maintenance and updating of the database for the system;
(III) Purchasing, leasing or renting the equipment and software necessary to operate the enhanced telephone system, including, without limitation, equipment and software that identify the number or location from which a call is made; and
(IV) Paying costs associated with any maintenance, upgrade and replacement of equipment and software necessary for the operation of the enhanced telephone system.
(2) In a county whose population is less than [45,000,] 52,000, to improve the telephone system for reporting an emergency in the county.
(c) With respect to purchasing and maintaining portable event recording devices and vehicular event recording devices, to pay:
(1) By an entity described in this subparagraph, costs associated with the acquisition, maintenance, storage of data, upgrade and replacement of equipment and software necessary for the operation of portable event recording devices and vehicular event recording devices or systems that consist of both portable event recording devices and vehicular event recording devices. Money may be expended pursuant to this subparagraph for the purchase and maintenance of portable event recording devices or vehicular event recording devices only by:
(I) The sheriffs office of a county;
(II) A metropolitan police department;
(III) A police department of an incorporated city;
(IV) A department, division or municipal court of a city or town that employs marshals;
(V) A department of alternative sentencing; or
κ2023 Statutes of Nevada, Page 259 (CHAPTER 55, SB 21)κ
(VI) A county school district that employs school police officers.
(2) Costs for personnel and training associated with maintaining, updating and operating the equipment, hardware and software necessary for portable event recording devices and vehicular event recording devices or systems that consist of both portable event recording devices and vehicular event recording devices.
(3) Costs for personnel and training associated with the maintenance, retention and redaction of audio and video events recorded on portable event recording devices and vehicular event recording devices or systems that consist of both portable event recording devices and vehicular event recording devices.
(d) To pay any costs associated with performing an analysis or audit pursuant to NRS 244A.7648 of the surcharges collected by telecommunications providers.
4. For the purposes described in subsection 3, money in the fund must be expended in the following order of priority:
(a) Paying the costs authorized pursuant to paragraph (a) of subsection 3 to adopt and review the 5-year master plan.
(b) If the county performs an analysis or audit described in NRS 244A.7648, paying the costs associated authorized pursuant to paragraph (d) of subsection 3.
(c) Paying the costs authorized pursuant to paragraph (b) of subsection 3.
(d) If the county has imposed a portion of the surcharge for purposes of purchasing and maintaining portable event recording devices and vehicular event recording devices:
(1) Paying the costs authorized pursuant to paragraph (c) of subsection 3 other than costs related to personnel and training.
(2) Paying the costs authorized pursuant to paragraph (c) of subsection 3 related to personnel.
(3) Paying the costs authorized pursuant to paragraph (c) of subsection 3 related to training.
5. If money in the fund is distributed to a recipient and:
(a) The recipient has not used the money for any purpose authorized pursuant to subsection 3 within 6 months, the recipient must:
(1) Notify the board of county commissioners and the advisory committee; and
(2) Return the unused money.
(b) The recipient used any portion of the money for a purpose that is not authorized pursuant to subsection 3, the recipient must:
(1) Notify the board of county commissioners and the advisory committee; and
(2) Repay the portion of the money that was used for a purpose not authorized pursuant to subsection 3.
(c) The recipient was not entitled to receive all or a portion of the money, the recipient must:
(1) Notify the board of county commissioners and the advisory committee; and
(2) Repay all money to which the recipient was not entitled to receive.
6. If the balance in the fund created in a county whose population is 100,000 or more pursuant to subsection 3 which has not been committed for expenditure exceeds $5,000,000 at the end of any fiscal year, the board of county commissioners shall reduce the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered balance in the fund at the end of the next fiscal year does not exceed $5,000,000.
κ2023 Statutes of Nevada, Page 260 (CHAPTER 55, SB 21)κ
county commissioners shall reduce the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered balance in the fund at the end of the next fiscal year does not exceed $5,000,000.
7. If the balance in the fund created in a county whose population is [45,000] 52,000 or more but less than 100,000 pursuant to subsection 3 which has not been committed for expenditure exceeds $1,000,000 at the end of any fiscal year, the board of county commissioners shall reduce the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered balance in the fund at the end of the next fiscal year does not exceed $1,000,000.
8. If the balance in the fund created in a county whose population is less than [45,000] 52,000 pursuant to subsection 3 which has not been committed for expenditure exceeds $500,000 at the end of any fiscal year, the board of county commissioners shall reduce the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered balance in the fund at the end of the next fiscal year does not exceed $500,000.
Sec. 5. NRS 248.040 is hereby amended to read as follows:
248.040 1. Except as provided in NRS 248.045, each sheriff may:
(a) Appoint, in writing signed by him or her, one or more deputies, who may perform all the duties devolving on the sheriff of the county and such other duties as the sheriff may from time to time direct. The appointment of a deputy sheriff must not be construed to confer upon that deputy policymaking authority for the office of the sheriff or the county by which the deputy sheriff is employed.
(b) Except as otherwise provided in this paragraph, only remove a deputy who has completed a probationary period of 12 months for cause. A deputy who functions as the head of a department or an administrative employee or who has not completed the probationary period may be removed at the sheriffs pleasure.
2. For the purposes of paragraph (b) of subsection 1, in any county whose population is less than [45,000,] 52,000, cause includes, without limitation:
(a) Failure to be certified by the Peace Officers Standards and Training Commission within the time required by NRS 289.550;
(b) Loss of the certification by the Peace Officers Standards and Training Commission required by NRS 289.550; or
(c) Failure to maintain a valid drivers license.
Κ This subsection does not limit or impair any internal grievance procedure, grievance procedure negotiated pursuant to chapter 288 of NRS or administrative remedy otherwise available to a deputy.
3. No deputy sheriff is qualified to act as such unless he or she has taken an oath to discharge the duties of the office faithfully and impartially. The oath, together with the written appointment, must be recorded in the office of the recorder of the county within which the sheriff legally holds and exercises office. Revocations of such appointments must be recorded as provided in this subsection. From the time of the recording of the appointments or revocations therein, persons shall be deemed to have notice of the appointments or revocations.
4. The sheriff may require of his or her deputies such bonds as to the sheriff seem proper.
κ2023 Statutes of Nevada, Page 261 (CHAPTER 55, SB 21)κ
Sec. 6. NRS 241.020 is hereby amended to read as follows:
241.020 1. Except as otherwise provided by specific statute, all meetings of public bodies must be open and public, and all persons must be permitted to attend any meeting of these public bodies at a physical location or by means of a remote technology system. A meeting that is closed pursuant to a specific statute may only be closed to the extent specified in the statute allowing the meeting to be closed. All other portions of the meeting must be open and public, and the public body must comply with all other provisions of this chapter to the extent not specifically precluded by the specific statute. Public officers and employees responsible for these meetings shall make reasonable efforts to assist and accommodate persons with physical disabilities desiring to attend.
2. If any portion of a meeting is open to the public, the public officers and employees responsible for the meeting must make reasonable efforts to ensure the facilities for the meeting are large enough to accommodate the anticipated number of attendees. No violation of this chapter occurs if a member of the public is not permitted to attend a public meeting because the facilities for the meeting have reached maximum capacity if reasonable efforts were taken to accommodate the anticipated number of attendees. Nothing in this subsection requires a public body to incur any costs to secure a facility outside the control or jurisdiction of the public body or to upgrade, improve or otherwise modify an existing facility to accommodate the anticipated number of attendees.
3. Except in an emergency, written notice of all meetings must be given at least 3 working days before the meeting. The notice must include:
(a) The time, place and location of the meeting. If the meeting is held using a remote technology system pursuant to NRS 241.023 and has no physical location, the notice must include information on how a member of the public may:
(1) Use the remote technology system to hear and observe the meeting;
(2) Participate in the meeting by telephone; and
(3) Provide live public comment during the meeting and, if authorized by the public body, provide prerecorded public comment.
(b) A list of the locations where the notice has been posted.
(c) The name, contact information and business address for the person designated by the public body from whom a member of the public may request the supporting material for the meeting described in subsection 7 and:
(1) A list of the locations where the supporting material is available to the public; or
(2) Information about how the supporting material may be found on the Internet website of the public body.
(d) An agenda consisting of:
(1) A clear and complete statement of the topics scheduled to be considered during the meeting.
(2) A list describing the items on which action may be taken and clearly denoting that action may be taken on those items by placing the term for possible action next to the appropriate item or, if the item is placed on the agenda pursuant to NRS 241.0365, by placing the term for possible corrective action next to the appropriate item.
κ2023 Statutes of Nevada, Page 262 (CHAPTER 55, SB 21)κ
(3) Periods devoted to comments by the general public, if any, and discussion of those comments. Comments by the general public must be taken:
(I) At the beginning of the meeting before any items on which action may be taken are heard by the public body and again before the adjournment of the meeting; or
(II) After each item on the agenda on which action may be taken is discussed by the public body, but before the public body takes action on the item.
Κ The provisions of this subparagraph do not prohibit a public body from taking comments by the general public in addition to what is required pursuant to sub-subparagraph (I) or (II). Regardless of whether a public body takes comments from the general public pursuant to sub-subparagraph (I) or (II), the public body must allow the general public to comment on any matter that is not specifically included on the agenda as an action item at some time before adjournment of the meeting. No action may be taken upon a matter raised during a period devoted to comments by the general public until the matter itself has been specifically included on an agenda as an item upon which action may be taken pursuant to subparagraph (2).
(4) If any portion of the meeting will be closed to consider the character, alleged misconduct or professional competence of a person, the name of the person whose character, alleged misconduct or professional competence will be considered.
(5) If, during any portion of the meeting, the public body will consider whether to take administrative action regarding a person, the name of that person.
(6) Notification that:
(I) Items on the agenda may be taken out of order;
(II) The public body may combine two or more agenda items for consideration; and
(III) The public body may remove an item from the agenda or delay discussion relating to an item on the agenda at any time.
(7) Any restrictions on comments by the general public. Any such restrictions must be reasonable and may restrict the time, place and manner of the comments, but may not restrict comments based upon viewpoint.
4. Minimum public notice is:
(a) Posting a copy of the notice at the principal office of the public body. If the meeting is held using a remote technology system pursuant to NRS 241.023 and has no physical location, the public body must also post the notice to the Internet website of the public body not later than 9 a.m. of the third working day before the meeting is to be held unless the public body is unable to do so because of technical problems relating to the operation or maintenance of the Internet website of the public body.
(b) Posting the notice on the official website of the State pursuant to NRS 232.2175 not later than 9 a.m. of the third working day before the meeting is to be held, unless the public body is unable to do so because of technical problems relating to the operation or maintenance of the official website of the State.
(c) Providing a copy of the notice to any person who has requested notice of the meetings of the public body. A request for notice lapses 6 months after it is made. The public body shall inform the requester of this fact by enclosure with, notation upon or text included within the first notice sent. The notice must be:
κ2023 Statutes of Nevada, Page 263 (CHAPTER 55, SB 21)κ
(1) Delivered to the postal service used by the public body not later than 9 a.m. of the third working day before the meeting for transmittal to the requester by regular mail; or
(2) Transmitted to the requester by electronic mail sent not later than 9 a.m. of the third working day before the meeting.
5. For each of its meetings, a public body shall document in writing that the public body complied with the minimum public notice required by paragraph (a) of subsection 4. The documentation must be prepared by every person who posted a copy of the public notice and include, without limitation:
(a) The date and time when the person posted the copy of the public notice;
(b) The address of the location where the person posted the copy of the public notice; and
(c) The name, title and signature of the person who posted the copy of the notice.
6. Except as otherwise provided in paragraph (a) of subsection 4, if a public body maintains a website on the Internet or its successor, the public body shall post notice of each of its meetings on its website unless the public body is unable to do so because of technical problems relating to the operation or maintenance of its website. Notice posted pursuant to this subsection is supplemental to and is not a substitute for the minimum public notice required pursuant to subsection 4. The inability of a public body to post notice of a meeting pursuant to this subsection as a result of technical problems with its website shall not be deemed to be a violation of the provisions of this chapter.
7. Upon any request, a public body shall provide, at no charge, at least one copy of:
(a) An agenda for a public meeting;
(b) A proposed ordinance or regulation which will be discussed at the public meeting; and
(c) Subject to the provisions of subsection 8 or 9, as applicable, any other supporting material provided to the members of the public body for an item on the agenda, except materials:
(1) Submitted to the public body pursuant to a nondisclosure or confidentiality agreement which relates to proprietary information;
(2) Pertaining to the closed portion of such a meeting of the public body; or
(3) Declared confidential by law, unless otherwise agreed to by each person whose interest is being protected under the order of confidentiality.
Κ The public body shall make at least one copy of the documents described in paragraphs (a), (b) and (c) available to the public at the meeting to which the documents pertain. As used in this subsection, proprietary information has the meaning ascribed to it in NRS 332.025.
8. Unless it must be made available at an earlier time pursuant to NRS 288.153, a copy of supporting material required to be provided upon request pursuant to paragraph (c) of subsection 7 must be:
(a) If the supporting material is provided to the members of the public body before the meeting, made available to the requester at the time the material is provided to the members of the public body; or
κ2023 Statutes of Nevada, Page 264 (CHAPTER 55, SB 21)κ
(b) If the supporting material is provided to the members of the public body at the meeting, made available at the meeting to the requester at the same time the material is provided to the members of the public body.
Κ If the requester has agreed to receive the information and material set forth in subsection 7 by electronic mail, the public body shall, if feasible, provide the information and material by electronic mail.
9. Unless the supporting material must be posted at an earlier time pursuant to NRS 288.153, and except as otherwise provided in subsection 11, the governing body of a county or city whose population is [45,000] 52,000 or more shall post the supporting material described in paragraph (c) of subsection 7 to its website not later than the time the material is provided to the members of the governing body or, if the supporting material is provided to the members of the governing body at a meeting, not later than 24 hours after the conclusion of the meeting. Such posting is supplemental to the right of the public to request the supporting material pursuant to subsection 7. The inability of the governing body, as a result of technical problems with its website, to post supporting material pursuant to this subsection shall not be deemed to be a violation of the provisions of this chapter.
10. Except as otherwise provided in subsection 11, a public body may provide the public notice, information or supporting material required by this section by electronic mail. Except as otherwise provided in this subsection, if a public body makes such notice, information or supporting material available by electronic mail, the public body shall inquire of a person who requests the notice, information or supporting material if the person will accept receipt by electronic mail. If a public body is required to post the public notice, information or supporting material on its website pursuant to this section, the public body shall inquire of a person who requests the notice, information or supporting material if the person will accept by electronic mail a link to the posting on the website when the documents are made available. The inability of a public body, as a result of technical problems with its electronic mail system, to provide a public notice, information or supporting material or a link to a website required by this section to a person who has agreed to receive such notice, information, supporting material or link by electronic mail shall not be deemed to be a violation of the provisions of this chapter.
11. If a public body holds a meeting using a remote technology system pursuant to NRS 241.023 and has no physical location for the meeting, the public body must:
(a) Have an Internet website; and
(b) Post to its Internet website:
(1) The public notice required by this section; and
(2) Supporting material not later than the time the material is provided to the members of the governing body or, if the supporting material is provided to the members of the governing body at a meeting, not later than 24 hours after the conclusion of the meeting.
Κ The inability of the governing body, as a result of technical problems with its Internet website, to post supporting material pursuant to this subsection shall not be deemed to be a violation of the provisions of this chapter.
12. As used in this section, emergency means an unforeseen circumstance which requires immediate action and includes, but is not limited to:
(a) Disasters caused by fire, flood, earthquake or other natural causes; or
(b) Any impairment of the health and safety of the public.
κ2023 Statutes of Nevada, Page 265 (CHAPTER 55, SB 21)κ
Sec. 7. NRS 241.0355 is hereby amended to read as follows:
241.0355 1. A public body that is required to be composed of elected officials only may not take action by vote unless at least a majority of all the members of the public body vote in favor of the action. For purposes of this subsection, a public body may not count an abstention as a vote in favor of an action.
2. In a county whose population is [45,000] 52,000 or more, the provisions of subsection 5 of NRS 281A.420 do not apply to a public body that is required to be composed of elected officials only, unless before abstaining from the vote, the member of the public body receives and discloses the opinion of the legal counsel authorized by law to provide legal advice to the public body that the abstention is required pursuant to NRS 281A.420. The opinion of counsel must be in writing and set forth with specificity the factual circumstances and analysis leading to that conclusion.
Sec. 8. NRS 268.059 is hereby amended to read as follows:
268.059 1. Except as otherwise provided in NRS 268.048 to 268.058, inclusive, 268.064, 278.479 to 278.4965, inclusive, and subsection 4 of NRS 496.080, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for the sale or lease of real property to the State or another governmental entity and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election, primary or general city election or special election, the governing body shall, when offering any real property for sale or lease:
(a) Except as otherwise provided in this paragraph and paragraph (h) of subsection 1 of NRS 268.061, obtain two independent appraisals of the real property before selling or leasing it. If the governing body holds a public hearing on the matter of the fair market value of the real property, one independent appraisal of the real property is sufficient before selling or leasing it. The appraisal or appraisals, as applicable, must be based on the zoning of the real property as set forth in the master plan for the city and must have been prepared not more than 6 months before the date on which real property is offered for sale or lease.
(b) Select the one independent appraiser or two independent appraisers, as applicable, from the list of appraisers established pursuant to subsection 2.
(c) Verify the qualifications of each appraiser selected pursuant to paragraph (b). The determination of the governing body as to the qualifications of the appraiser is conclusive.
2. The governing body shall adopt by ordinance the procedures for creating or amending a list of appraisers qualified to conduct appraisals of real property offered for sale or lease by the governing body. The list must:
(a) Contain the names of all persons qualified to act as a general appraiser in the same county as the real property that may be appraised; and
(b) Be organized at random and rotated from time to time.
3. An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income of the appraiser that may constitute a conflict of interest and any relationship of the appraiser with the property owner or the owner of an adjoining property.
κ2023 Statutes of Nevada, Page 266 (CHAPTER 55, SB 21)κ
income of the appraiser that may constitute a conflict of interest and any relationship of the appraiser with the property owner or the owner of an adjoining property.
4. An appraiser shall not perform an appraisal on any real property offered for sale or lease by the governing body if:
(a) The appraiser has an interest in the real property or an adjoining property;
(b) The real property is located in a city in a county whose population is [45,000] 52,000 or more and any person who is related to the appraiser has an interest in the real property or an adjoining property and the relationship between the appraiser and the person is within the third degree of consanguinity or affinity; or
(c) The real property is located in a city in a county whose population is less than [45,000] 52,000 and any person who is related to the appraiser has an interest in the real property or an adjoining property and the relationship between the appraiser and the person is within the second degree of consanguinity or affinity.
5. If real property is sold or leased in violation of the provisions of this section:
(a) The sale or lease is void; and
(b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.
Sec. 9. NRS 278.02095 is hereby amended to read as follows:
278.02095 1. Except as otherwise provided in this section, in an ordinance relating to the zoning of land adopted or amended by a governing body, the definition of single-family residence must include a manufactured home.
2. Notwithstanding the provisions of subsection 1, a governing body shall adopt standards for the placement of a manufactured home that will not be affixed to a lot within a mobile home park which require that:
(a) The manufactured home:
(1) Be permanently affixed to a residential lot;
(2) Be manufactured within the 6 years immediately preceding the date on which it is affixed to the residential lot;
(3) Have exterior siding and roofing which is similar in color, material and appearance to the exterior siding and roofing primarily used on other single-family residential dwellings in the immediate vicinity of the manufactured home, as established by the governing body;
(4) Consist of more than one section; and
(5) Consist of at least 1,200 square feet of living area unless the governing body, by administrative variance or other expedited procedure established by the governing body, approves a lesser amount of square footage based on the size or configuration of the lot or the square footage of single-family residential dwellings in the immediate vicinity of the manufactured home; and
(b) If the manufactured home has an elevated foundation, the foundation is masked architecturally in a manner determined by the governing body.
Κ The governing body of a local government in a county whose population is less than [45,000] 52,000 may adopt standards that are less restrictive than the standards set forth in this subsection.
κ2023 Statutes of Nevada, Page 267 (CHAPTER 55, SB 21)κ
3. Standards adopted by a governing body pursuant to subsection 2 must be objective and documented clearly and must not be adopted to discourage or impede the construction or provision of affordable housing, including, without limitation, the use of manufactured homes for affordable housing.
4. Before a building department issues a permit to place a manufactured home on a lot pursuant to this section, other than a new manufactured home, the owner must surrender the certificate of ownership to the Housing Division of the Department of Business and Industry. The Division shall provide proof of such a surrender to the owner who must submit that proof to the building department.
5. The provisions of this section do not abrogate a recorded restrictive covenant prohibiting manufactured homes, nor do the provisions apply within the boundaries of a historic district established pursuant to NRS 384.005 or 384.100. An application to place a manufactured home on a residential lot pursuant to this section constitutes an attestation by the owner of the lot that the placement complies with all covenants, conditions and restrictions placed on the lot and that the lot is not located within a historic district.
6. As used in this section:
(a) Manufactured home has the meaning ascribed to it in NRS 489.113.
(b) New manufactured home has the meaning ascribed to it in NRS 489.125.
Sec. 10. NRS 278.030 is hereby amended to read as follows:
278.030 1. The governing body of each city whose population is 25,000 or more and of each county whose population is [45,000] 52,000 or more shall create by ordinance a planning commission to consist of seven members.
2. Cities whose population is less than 25,000 and counties whose population is less than [45,000] 52,000 may create by ordinance a planning commission to consist of seven members. If the governing body of any city whose population is less than 25,000 or of any county whose population is less than [45,000] 52,000 deems the creation of a planning commission unnecessary or inadvisable, the governing body may, in lieu of creating a planning commission as provided in this subsection, perform all the functions and have all of the powers which would otherwise be granted to and be performed by the planning commission.
Sec. 11. NRS 293.464 is hereby amended to read as follows:
293.464 1. If a court of competent jurisdiction orders a county to extend the deadline for voting beyond the statutory deadline in a particular election, the county clerk shall, as soon as practicable after receiving notice of the courts decision:
(a) Cause notice of the extended deadline to be published in a newspaper of general circulation in the county; and
(b) Transmit a notice of the extended deadline to each registered voter who received a mail ballot for the election and has not returned the mail ballot before the date on which the notice will be transmitted.
2. The notice required pursuant to paragraph (a) of subsection 1 must be published:
(a) In a county whose population is [47,500] 52,000 or more, on at least 3 successive days.
(b) In a county whose population is less than [47,500,] 52,000, at least twice in successive issues of the newspaper.
κ2023 Statutes of Nevada, Page 268 (CHAPTER 55, SB 21)κ
Sec. 12. NRS 318.5121 is hereby amended to read as follows:
318.5121 1. The board of trustees shall adopt by resolution the procedures for creating and maintaining a list of appraisers qualified to conduct appraisals of real property offered for sale by the board. The list must:
(a) Contain the names of all persons qualified to act as a general appraiser in the same county as the real property that may be appraised; and
(b) Be organized at random and rotated from time to time.
2. An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income that may constitute a conflict of interest and any relationship with the real property owner or the owner of an adjoining real property.
3. An appraiser shall not perform an appraisal on any real property for sale by the board of trustees if:
(a) The appraiser has an interest in the real property or an adjoining property;
(b) The real property is located in a county whose population is [45,000] 52,000 or more and any person who is related to the appraiser has an interest in the real property or an adjoining property and the relationship between the appraiser and the person is within the third degree of consanguinity or affinity; or
(c) The real property is located in a county whose population is less than [45,000] 52,000 and any person who is related to the appraiser has an interest in the real property or an adjoining property and the relationship between the appraiser and the person is within the second degree of consanguinity or affinity.
Sec. 13. NRS 350.0125 is hereby amended to read as follows:
350.0125 1. The commission in a county whose population is less than [47,500] 52,000 may request technical assistance from the Department of Taxation to carry out the duties of the commission. Upon such a request, the Department of Taxation shall provide to that commission such technical assistance to the extent that resources are available.
2. The board of county commissioners of a county whose population is [47,500] 52,000 or more shall provide the commission in that county with such staff as is necessary to carry out the duties of the commission. The staff provided to the commission pursuant to this subsection shall provide such technical assistance to the commission as the commission requires, except the staff shall not render an opinion on the merits of any proposal or other matter before the commission.
Sec. 14. NRS 361.453 is hereby amended to read as follows:
361.453 1. Except as otherwise provided in this section and NRS 354.705, 354.723, 387.3288 and 450.760, the total ad valorem tax levy for all public purposes must not exceed $3.64 on each $100 of assessed valuation, or a lesser or greater amount fixed by the State Board of Examiners if the State Board of Examiners is directed by law to fix a lesser or greater amount for that fiscal year.
2. Any levy imposed by the Legislature for the repayment of bonded indebtedness or the operating expenses of the State of Nevada and any levy imposed by the board of county commissioners pursuant to NRS 387.195 that is in excess of 50 cents on each $100 of assessed valuation of taxable property within the county must not be included in calculating the limitation set forth in subsection 1 on the total ad valorem tax levied within the boundaries of the county, city or unincorporated town, if, in a county whose population is less than [45,000,] 52,000, or in a city or unincorporated town located within that county:
κ2023 Statutes of Nevada, Page 269 (CHAPTER 55, SB 21)κ
county whose population is less than [45,000,] 52,000, or in a city or unincorporated town located within that county:
(a) The combined tax rate certified by the Nevada Tax Commission was at least $3.50 on each $100 of assessed valuation on June 25, 1998;
(b) The governing body of that county, city or unincorporated town proposes to its registered voters an additional levy ad valorem above the total ad valorem tax levy for all public purposes set forth in subsection 1;
(c) The proposal specifies the amount of money to be derived, the purpose for which it is to be expended and the duration of the levy; and
(d) The proposal is approved by a majority of the voters voting on the question at a general election or a special election called for that purpose.
3. The duration of the additional levy ad valorem levied pursuant to subsection 2 must not exceed 5 years. The governing body of the county, city or unincorporated town may discontinue the levy before it expires and may not thereafter reimpose it in whole or in part without following the procedure required for its original imposition set forth in subsection 2.
4. A special election may be held pursuant to subsection 2 only if the governing body of the county, city or unincorporated town determines, by a unanimous vote, that an emergency exists. The determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the governing body must be commenced within 15 days after the governing bodys determination is final. As used in this subsection, emergency means any unexpected occurrence or combination of occurrences which requires immediate action by the governing body of the county, city or unincorporated town to prevent or mitigate a substantial financial loss to the county, city or unincorporated town or to enable the governing body to provide an essential service to the residents of the county, city or unincorporated town.
Sec. 15. NRS 379.050 is hereby amended to read as follows:
379.050 1. Whenever a new county library is provided for in any county whose population is [45,000] 52,000 or more, the trustees of any district library in the county previously established may transfer all books, funds, equipment or other property in the possession of such trustees to the new library upon the demand of the trustees of the new library.
2. Whenever there are two or more county library districts in any county whose population is [45,000] 52,000 or more, the districts may merge into one county library district upon approval of the library trustees of the merging districts.
3. Whenever there is a city or a town library located adjacent to a county library district, the city or town library may:
(a) Merge with the county library district upon approval of the trustees of the merging library and district; or
(b) Subject to the limitations in NRS 379.0221, consolidate with the county library district.
4. All expenses incurred in making a transfer or merger must be paid out of the general fund of the new library.
Sec. 15.5. NRS 387.331 is hereby amended to read as follows:
387.331 1. The tax on residential construction authorized by this section is a specified amount which must be the same for each:
(a) Lot for a mobile home;
(b) Residential dwelling unit; and
κ2023 Statutes of Nevada, Page 270 (CHAPTER 55, SB 21)κ
(c) Suite in an apartment house,
Κ imposed on the privilege of constructing apartment houses and residential dwelling units and developing lots for mobile homes.
2. The board of trustees of any school district in a county whose population is less than [55,000] 100,000 and is not a consolidated municipality may request that the board of county commissioners of the county in which the school district is located impose a tax on residential construction in the school district to construct, remodel and make additions to school buildings. Whenever the board of trustees takes that action, it shall notify the board of county commissioners and shall specify the areas of the county to be served by the buildings to be erected or enlarged.
3. If the board of county commissioners decides that the tax should be imposed, it shall notify the Nevada Tax Commission. If the Commission approves, the board of county commissioners may then impose the tax, whose specified amount must not exceed $1,600.
4. The board shall collect the tax so imposed, in the areas of the county to which it applies, and may require that administrative costs, not to exceed 1 percent, be paid from the amount collected.
5. The money collected must be deposited with the county treasurer in the school districts fund for capital projects to be held and expended in the same manner as other money deposited in that fund.
Sec. 16. NRS 396.892 is hereby amended to read as follows:
396.892 1. Each student who receives a loan made pursuant to NRS 396.890 to 396.898, inclusive, shall repay the loan and accrued interest pursuant to the terms of the loan unless the student:
(a) Practices nursing in a rural area of Nevada or as an employee of the State for 6 months for each academic year for which he or she received a loan; or
(b) Practices nursing in any other area of Nevada for 1 year for each academic year for which he or she received a loan.
2. The Board of Regents may adopt regulations:
(a) Extending the time for completing the required practice beyond 5 years for persons who are granted extensions because of hardship; and
(b) Granting prorated credit towards repayment of a loan for time a person practices nursing as required, for cases in which the period for required practice is only partially completed,
Κ and such other regulations as are necessary to carry out the provisions of NRS 396.890 to 396.898, inclusive.
3. As used in this section, practices nursing in a rural area means that the person practices nursing in an area located in a county whose population is less than [47,500] 52,000 at least half of the total time the person spends in the practice of nursing, and not less than 20 hours per week.
Sec. 17. NRS 403.490 is hereby amended to read as follows:
403.490 1. To perform any work or construct any superstructure under this chapter wherein an expenditure of $100,000 or more may be necessary, the board of county highway commissioners shall cause definite plans of such work or superstructure to be made, estimates of the amount of work to be done and the probable cost thereof, together with a copy of the specifications thereof.
2. Except as otherwise provided in subsection 3, upon receipt of the plans, estimates and specifications for a project for which the estimated cost is $100,000 or more, the board of county highway commissioners shall advertise for bids and let contracts in the manner prescribed by chapter 332 or 338 of NRS, as applicable.
κ2023 Statutes of Nevada, Page 271 (CHAPTER 55, SB 21)κ
is $100,000 or more, the board of county highway commissioners shall advertise for bids and let contracts in the manner prescribed by chapter 332 or 338 of NRS, as applicable.
3. In a county whose population is less than [45,000,] 52,000, if the estimated cost of a project is $100,000 or more but less than $250,000, the board of county highway commissioners may hold a hearing to determine, by majority vote of the board, if the project can be performed by county employees or through the employment of day labor under the supervision of the board and by the use of its own machinery, tools and other equipment without advertising for bids and letting contracts pursuant to subsection 2. Notice for such a hearing must be provided not less than 15 days before the date of the hearing and must be published pursuant to the provisions of NRS 238.010 to 238.080, inclusive. The board shall provide, in the notice and at least 15 days before the hearing at the office of the board and at the place of the hearing, the following information, without limitation:
(a) A list of:
(1) All county employees, if any, including supervisors, who will perform the work, including, without limitation, the classification of each employee and an estimate of the direct and indirect costs of the labor;
(2) The number of day laborers, if any, that will be employed to perform the work; and
(3) All machinery, tools and other equipment of the county to be used on the project.
(b) An estimate of:
(1) The direct and indirect costs of the labor of the county employees who will perform the work, if any;
(2) The direct and indirect costs of the labor of any day laborers who will be employed to perform the work pursuant to chapter 338 of NRS;
(3) The cost of any administrative support that will be required for the performance of the work;
(4) The total cost of the project, including, without limitation, the fair market value or, if available, the actual cost of all materials, supplies, equipment and labor necessary for the project; and
(5) The amount of savings to be realized by having county employees or day laborers perform the work.
4. In cases of emergency the board of county highway commissioners may let contracts for repairs in the manner prescribed by chapter 332 of NRS.
5. Nothing in this section shall prevent any county from opening, building, improving or repairing any public road or highway in the county through the work of county employees or the employment of day labor, under the supervision of the board of county highway commissioners and by the use of its own machinery, tools and other equipment, without letting contracts to the lowest responsible bidder, if the probable cost of the work does not exceed $100,000.
Sec. 18. NRS 444A.040 is hereby amended to read as follows:
444A.040 1. The board of county commissioners in a county whose population is 100,000 or more, or its designee, shall make available for use in that county a program for:
(a) The separation at the source of recyclable material from other solid waste originating from residential premises and public buildings where services for the collection of solid waste are provided, including, without limitation, the placement of recycling containers on the premises of apartment complexes and condominiums where those services are provided.
κ2023 Statutes of Nevada, Page 272 (CHAPTER 55, SB 21)κ
limitation, the placement of recycling containers on the premises of apartment complexes and condominiums where those services are provided.
(b) The establishment of recycling centers for the collection and disposal of recyclable material where existing recycling centers do not carry out the purposes of the program.
(c) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested. This program may be included as a part of any other program made available pursuant to this subsection.
(d) The encouragement of businesses to reduce solid waste and to separate at the source recyclable material from other solid waste. This program must, without limitation, make information regarding solid waste reduction and recycling opportunities available to a business at the time the business applies for or renews a business license.
2. The board of county commissioners of a county whose population is [45,000] 52,000 or more but less than 100,000, or its designee:
(a) May make available for use in that county a program for the separation at the source of recyclable material from other solid waste originating from residential premises and public buildings where services for the collection of solid waste are provided, including, without limitation, the placement of recycling containers on the premises of apartment complexes and condominiums where those services are provided.
(b) Shall make available for use in that county a program for:
(1) The establishment of recycling centers for the collection and disposal of recyclable material where existing recycling centers do not carry out the purposes of the program established pursuant to paragraph (a).
(2) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested. This program may be included as a part of any other program made available pursuant to this subsection.
3. The board of county commissioners of a county whose population is less than [45,000,] 52,000, or its designee, may make available for use in that county a program for:
(a) The separation at the source of recyclable material from other solid waste originating from residential premises and public buildings where services for the collection of solid waste are provided, including, without limitation, the placement of recycling containers on the premises of apartment complexes and condominiums where those services are provided.
(b) The establishment of recycling centers for the collection and disposal of recyclable material where existing recycling centers do not carry out the purposes of the program.
(c) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested. This program may be included as a part of any other program made available pursuant to this subsection.
4. Any program made available pursuant to this section:
(a) Must not:
(1) Conflict with the standards adopted by the State Environmental Commission pursuant to NRS 444A.020; and
(2) Become effective until approved by the Department.
(b) May be based on the model plans adopted pursuant to NRS 444A.030.
κ2023 Statutes of Nevada, Page 273 (CHAPTER 55, SB 21)κ
5. The governing body of a municipality may adopt and carry out within the municipality such programs made available pursuant to this section as are deemed necessary and appropriate for that municipality.
6. Any municipality may, with the approval of the governing body of an adjoining municipality, participate in any program adopted by the adjoining municipality pursuant to subsection 5.
7. Persons residing on an Indian reservation or Indian colony may participate in any program adopted pursuant to subsection 5 by a municipality in which the reservation or colony is located if the governing body of the reservation or colony adopts an ordinance requesting such participation. Upon receipt of such a request, the governing body of the municipality shall make available to the residents of the reservation or colony those programs requested.
Sec. 19. NRS 455.125 is hereby amended to read as follows:
455.125 If an operator of a sewer main receives notice through an association for operators pursuant to paragraph (a) of subsection 1 of NRS 455.110:
1. For a proposed excavation or demolition, the operator of the sewer main shall provide the person responsible for the excavation or demolition with the operators best available information regarding the location of the connection of the sewer service lateral to the sewer main. The operator shall convey the information to the person responsible for the excavation or demolition in such manner as is determined by the operator which may include any one or more of the following methods, without limitation:
(a) Identification of the location of the connection of the sewer service lateral to the sewer main;
(b) Providing copies of documents relating to the location of the sewer service lateral within 2 working days; or
(c) Placement of a triangular green marking along the sewer main or the edge of the public right-of-way, pointing toward the real property serviced by the sewer service lateral to indicate that the location of the sewer service lateral is unknown.
2. The operator of a sewer main shall make its best efforts to comply with paragraph (a) or (c) of subsection 1 within 2 working days. If an operator of a sewer main cannot complete the requirements of paragraph (a) or (c) of subsection 1 within 2 working days, then the operator and the person responsible for the excavation or demolition must mutually agree upon a reasonable amount of time within which the operator must comply.
3. A government, governmental agency or political subdivision of a government that operates a sewer main:
(a) Except as otherwise provided in subsection 4, in a county with a population of [45,000] 52,000 or more may not charge a person responsible for excavation or demolition in a public right-of-way for complying with this section.
(b) In a county with a population of less than [45,000] 52,000 may charge a person responsible for excavation or demolition in a public right-of-way for complying with this section in an amount that does not exceed the actual costs for the operator for compliance with this section. Costs assessed pursuant to this paragraph are not subject to the provisions of NRS 354.59881 to 354.59889, inclusive.
4. A government, governmental agency or political subdivision that operates a sewer main in a county with a population of [45,000] 52,000 or more may charge a person responsible for excavation or demolition in a public right-of-way for complying with this section in an amount that does not exceed the actual costs for the operator for compliance with this section if:
κ2023 Statutes of Nevada, Page 274 (CHAPTER 55, SB 21)κ
more may charge a person responsible for excavation or demolition in a public right-of-way for complying with this section in an amount that does not exceed the actual costs for the operator for compliance with this section if:
(a) The sewer system of the operator services not more than 260 accounts; and
(b) There is no natural gas pipeline located within the service area of the operator of the sewer main.
Κ Costs assessed pursuant to this subsection are not subject to the provisions of NRS 354.59881 to 354.59889, inclusive.
5. If the operator of a sewer main has received the information required pursuant to NRS 455.131 or has otherwise identified the location of the sewer service lateral in the public right-of-way, then the operator of the sewer main shall be responsible thereafter to identify the location of the sewer service lateral from that information.
Sec. 20. NRS 463.750 is hereby amended to read as follows:
463.750 1. The Commission shall, with the advice and assistance of the Board, adopt regulations governing:
(a) The licensing and operation of interactive gaming; and
(b) The registration of service providers to perform any action described in paragraph (b) of subsection 6 of NRS 463.677.
2. The regulations adopted by the Commission pursuant to this section must:
(a) Establish the investigation fees for:
(1) A license to operate interactive gaming;
(2) A license for a manufacturer of interactive gaming systems;
(3) A license for an interactive gaming service provider to perform the actions described in paragraph (a) of subsection 6 of NRS 463.677; and
(4) Registration as a service provider to perform the actions described in paragraph (b) of subsection 6 of NRS 463.677.
(b) Provide that:
(1) A person must hold a license for a manufacturer of interactive gaming systems to supply or provide any interactive gaming system, including, without limitation, any piece of proprietary software or hardware;
(2) A person must hold a license for an interactive gaming service provider to perform the actions described in paragraph (a) of subsection 6 of NRS 463.677; and
(3) A person must be registered as a service provider to perform the actions described in paragraph (b) of subsection 6 of NRS 463.677.
(c) Except as otherwise provided in subsections 6 to 10, inclusive, set forth standards for the suitability of a person to be:
(1) Licensed as a manufacturer of interactive gaming systems;
(2) Licensed as an interactive gaming service provider as described in paragraph (a) of subsection 6 of NRS 463.677 that are as stringent as the standards for a nonrestricted license; or
(3) Registered as a service provider as described in paragraph (b) of subsection 6 of NRS 463.677 that are as stringent as the standards for a nonrestricted license.
(d) Set forth provisions governing:
(1) The initial fee for a license for an interactive gaming service provider as described in paragraph (a) of subsection 6 of NRS 463.677.
κ2023 Statutes of Nevada, Page 275 (CHAPTER 55, SB 21)κ
(2) The initial fee for registration as a service provider as described in paragraph (b) of subsection 6 of NRS 463.677.
(3) The fee for the renewal of such a license for such an interactive gaming service provider or registration as a service provider, as applicable, and any renewal requirements for such a license or registration, as applicable.
(4) Any portion of the license fee paid by a person licensed to operate interactive gaming, pursuant to subsection 1 of NRS 463.770, for which an interactive gaming service provider may be liable to the person licensed to operate interactive gaming.
(e) Provide that gross revenue received by an establishment from the operation of interactive gaming is subject to the same license fee provisions of NRS 463.370 as the games and gaming devices of the establishment, unless federal law otherwise provides for a similar fee or tax.
(f) Set forth standards for the location and security of the computer system and for approval of hardware and software used in connection with interactive gaming.
(g) Define interactive gaming system, manufacturer of interactive gaming systems, operate interactive gaming and proprietary hardware and software as the terms are used in this chapter.
3. Except as otherwise provided in subsections 4 and 5, the Commission shall not approve a license for an establishment to operate interactive gaming unless:
(a) In a county whose population is 700,000 or more, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices.
(b) In a county whose population is [45,000] 52,000 or more but less than 700,000, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices or the establishment:
(1) Holds a nonrestricted license for the operation of games and gaming devices;
(2) Has more than 120 rooms available for sleeping accommodations in the same county;
(3) Has at least one bar with permanent seating capacity for more than 30 patrons that serves alcoholic beverages sold by the drink for consumption on the premises;
(4) Has at least one restaurant with permanent seating capacity for more than 60 patrons that is open to the public 24 hours each day and 7 days each week; and
(5) Has a gaming area that is at least 18,000 square feet in area with at least 1,600 slot machines, 40 table games, and a sports book and race pool.
(c) In all other counties, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices or the establishment:
(1) Has held a nonrestricted license for the operation of games and gaming devices for at least 5 years before the date of its application for a license to operate interactive gaming;
(2) Meets the definition of group 1 licensee as set forth in the regulations of the Commission on the date of its application for a license to operate interactive gaming; and
κ2023 Statutes of Nevada, Page 276 (CHAPTER 55, SB 21)κ
(3) Operates either:
(I) More than 50 rooms for sleeping accommodations in connection therewith; or
(II) More than 50 gaming devices in connection therewith.
4. The Commission may:
(a) Issue a license to operate interactive gaming to an affiliate of an establishment if:
(1) The establishment satisfies the applicable requirements set forth in subsection 3;
(2) The affiliate is located in the same county as the establishment; and
(3) The establishment has held a nonrestricted license for at least 5 years before the date on which the application is filed; and
(b) Require an affiliate that receives a license pursuant to this subsection to comply with any applicable provision of this chapter.
5. The Commission may issue a license to operate interactive gaming to an applicant that meets any qualifications established by federal law regulating the licensure of interactive gaming.
6. Except as otherwise provided in subsections 7, 8 and 9:
(a) A covered person may not be found suitable for licensure under this section within 5 years after February 21, 2013;
(b) A covered person may not be found suitable for licensure under this section unless such covered person expressly submits to the jurisdiction of the United States and of each state in which patrons of interactive gaming operated by such covered person after December 31, 2006, were located, and agrees to waive any statutes of limitation, equitable remedies or laches that otherwise would preclude prosecution for a violation of any provision of federal law or the law of any state in connection with such operation of interactive gaming after that date;
(c) A person may not be found suitable for licensure under this section within 5 years after February 21, 2013, if such person uses a covered asset for the operation of interactive gaming; and
(d) Use of a covered asset is grounds for revocation of an interactive gaming license, or a finding of suitability, issued under this section.
7. The Commission, upon recommendation of the Board, may waive the requirements of subsection 6 if the Commission determines that:
(a) In the case of a covered person described in paragraphs (a) and (b) of subsection 1 of NRS 463.014645:
(1) The covered person did not violate, directly or indirectly, any provision of federal law or the law of any state in connection with the ownership and operation of, or provision of services to, an interactive gaming facility that, after December 31, 2006, operated interactive gaming involving patrons located in the United States; and
(2) The assets to be used or that are being used by such person were not used after that date in violation of any provision of federal law or the law of any state;
(b) In the case of a covered person described in paragraph (c) of subsection 1 of NRS 463.014645, the assets that the person will use in connection with interactive gaming for which the covered person applies for a finding of suitability were not used after December 31, 2006, in violation of any provision of federal law or the law of any state; and
κ2023 Statutes of Nevada, Page 277 (CHAPTER 55, SB 21)κ
(c) In the case of a covered asset, the asset was not used after December 31, 2006, in violation of any provision of federal law or the law of any state, and the interactive gaming facility in connection with which the asset was used was not used after that date in violation of any provision of federal law or the law of any state.
8. With respect to a person applying for a waiver pursuant to subsection 7, the Commission shall afford the person an opportunity to be heard and present relevant evidence. The Commission shall act as finder of fact and is entitled to evaluate the credibility of witnesses and persuasiveness of the evidence. The affirmative votes of a majority of the whole Commission are required to grant or deny such waiver. The Board shall make appropriate investigations to determine any facts or recommendations that it deems necessary or proper to aid the Commission in making determinations pursuant to this subsection and subsection 7.
9. The Commission shall make a determination pursuant to subsections 7 and 8 with respect to a covered person or covered asset without regard to whether the conduct of the covered person or the use of the covered asset was ever the subject of a criminal proceeding for a violation of any provision of federal law or the law of any state, or whether the person has been prosecuted and the prosecution terminated in a manner other than with a conviction.
10. It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others, to operate interactive gaming:
(a) Until the Commission adopts regulations pursuant to this section; and
(b) Unless the person first procures, and thereafter maintains in effect, all appropriate licenses as required by the regulations adopted by the Commission pursuant to this section.
11. A person who violates subsection 10 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years or by a fine of not more than $50,000, or both.
Sec. 21. NRS 647.060 is hereby amended to read as follows:
647.060 1. At the time of purchase by any junk dealer of any hides or junk, the junk dealer shall require the person vending the hides or junk to subscribe a statement containing the following information:
(a) When, where and from whom the vendor obtained the property.
(b) The vendors age, residence, including the city or town, and the street and number, if any, of the residence, and such other information as is reasonably necessary to enable the residence to be located.
(c) The name of the employer, if any, of the vendor and the place of business or employment of the employer.
2. Except as otherwise provided in subsection 3, the junk dealer shall on the next business day:
(a) File the original statement subscribed by the vendor in the office of the sheriff of the county where the purchase was made; and
(b) If the purchase was made in a city or town, file a copy of the statement with the chief of police of that city or town.
3. In a county whose population is less than [47,500,] 52,000, the original statement may be filed in the office of the sheriffs deputy for transmission to the sheriff.
κ2023 Statutes of Nevada, Page 278 (CHAPTER 55, SB 21)κ
Sec. 22. The Legislature declares that in enacting this act it has reviewed each of the classifications by population amended by this act, has considered the suggestions of the several counties and of other interested persons in this State relating to whether any should be retained unchanged or amended differently, and has found that each of the sections in which a criterion of population has been changed should not under present conditions apply to a county larger or smaller, as the case may be, than the new criterion established.
Sec. 23. This act becomes effective upon passage and approval.
________
Senate Bill No. 22Committee on Government Affairs
CHAPTER 56
[Approved: May 29, 2023]
AN ACT relating to legal notices; authorizing, under certain circumstances, the publication of a legal notice or advertisement on the Internet website of a newspaper; making various other changes relating to legal notices and advertisements; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the publication of any and all legal notices and advertisements in certain newspapers of general circulation and establishes procedures and requirements for such publication. (NRS 238.020, 238.030) Section 1 of this bill authorizes the additional publication of a legal notice or advertisement on the Internet website of such a newspaper. Section 2 of this bill makes a conforming change to provide that, with certain exceptions, the Internet website of such a newspaper is a competent means for the publication of legal notices and advertisements.
Existing law provides that whenever any legal notice or advertisement is required by law to be given by publication, with certain exceptions, the legal notice or advertisement must be published at least once a week, consecutively, for not less than the full period of time so required in a qualified, legal and competent newspaper. (NRS 238.060) Section 3 of this bill provides that if a legal notice or advertisement is published on the Internet website of a qualified, legal and competent newspaper: (1) an error in the legal notice or advertisement made by the newspaper, a temporary Internet website outage or service interruption that prevents the posting or display of the legal notice or advertisement is harmless; and (2) the legal notice or advertisement shall be deemed sufficient provided that the legal notice or advertisement is printed and published in a qualified, legal and competent newspaper.
Existing law provides that any and every legal notice or advertisement that is published in a newspaper in violation of certain provisions of law is void. (NRS 238.080) Section 4 of this bill provides that any and every legal notice or advertisement published on an Internet website maintained by a newspaper in violation of certain provisions of law is void.
κ2023 Statutes of Nevada, Page 279 (CHAPTER 56, SB 22)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 238.030 is hereby amended to read as follows:
238.030 1. [Any] Except as otherwise provided in this section, any and all legal notices or advertisements shall be published only in a daily, a triweekly, a semiweekly, a weekly, or a semimonthly newspaper of general circulation and printed in whole or in part in the county in which the notice or advertisement is required to be published, which newspaper if published:
(a) Triweekly, semiweekly, weekly, or semimonthly, shall have been so published in the county, continuously and uninterruptedly, during the period of at least 104 consecutive weeks next prior to the first issue thereof containing any such legal notice or advertisement.
(b) Daily, shall have been so published in the county, uninterruptedly and continuously, during the period of at least 1 year next prior to the first issue thereof containing any such legal notice or advertisement.
2. [The mere] Any legal notice or advertisement may be additionally published on the Internet website of a newspaper described in subsection 1. If a legal notice or advertisement is published on the Internet website of a newspaper described in subsection 1, the newspaper must publish on its Internet website the mailing address and telephone number of the state or local governmental agency by which a person may request or obtain a copy of the legal notice or advertisement.
3. A change in [the] :
(a) The name of any newspaper, or the removal of the principal business office or seat of publication of any newspaper from one place to another in the same county shall not break or affect the continuity in the publication of any such newspaper if the same [is in fact] newspaper is continuously and uninterruptedly printed and published within the county . [as herein provided.]
(b) The Internet address of the website of any newspaper on which a legal notice or advertisement is published does not break or affect the continuity in the publication of the legal notice or advertisement.
[3.] 4. A newspaper shall not lose its rights as a legal publication if any of the following conditions maintain:
(a) If by reason of a strike or other good cause it should suspend publication; but the period shall not exceed 30 days in any calendar year.
(b) If by reason of generally recognized economic stress of a serious nature over which the publisher has no control it shall be necessary to suspend publication for a period not to exceed 2 years. The provisions of this paragraph shall apply only in the case of publications that have been operating continuously for a period of 5 years prior to such suspension. Any legal notice which fails of publication for the required number of insertions for such reason shall not be declared illegal if publication has been made in one issue of the publication and is resumed within a reasonable period.
κ2023 Statutes of Nevada, Page 280 (CHAPTER 56, SB 22)κ
[4.] 5. If in any county in this State there shall not have been published therein any newspaper or newspapers for the prescribed period, at the time when any such legal notice or advertisement is required to be published, then such legal notice or advertisement may be published [in] :
(a) In any newspaper or newspapers having a general circulation and printed and published in whole or in part in the county [.
5.] ; and
(b) On the Internet website of any newspaper or newspapers having a general circulation and printed and published in whole or in part in the county.
6. The time limitations in subsection 1 do not apply to a newly established newspaper printed and published in:
(a) An incorporated city if, at the time such newspaper is established, there is no other newspaper printed and published in such city.
(b) A county if, at the time such newspaper is established, there is no other newspaper printed and published in such county.
Sec. 2. NRS 238.050 is hereby amended to read as follows:
238.050 Except as otherwise provided by law in express terms or by necessary implication, daily newspapers, triweekly newspapers, semiweekly newspapers, weekly newspapers and semimonthly newspapers and the Internet websites of such newspapers shall all be equally competent as the means for the publication of all legal notices and advertisements.
Sec. 3. NRS 238.060 is hereby amended to read as follows:
238.060 1. Whenever any legal notice or advertisement is required by law to be given by publication, unless otherwise specified, such provision shall be satisfied , except as otherwise provided in subsection 2, by publishing the required legal notice or advertisement, at least once a week, consecutively, for not less than the full period of time so required in a qualified, legal and competent newspaper.
2. If a legal notice or advertisement is published on the Internet website of a qualified, legal and competent newspaper:
(a) An error in the legal notice or advertisement made by the newspaper, a temporary Internet website outage or service interruption that prevents the posting or display of a notice is harmless; and
(b) The legal notice or advertisement shall be deemed sufficient provided that the legal notice or advertisement is printed and published in a qualified, legal and competent newspaper pursuant to this chapter.
Sec. 4. NRS 238.080 is hereby amended to read as follows:
238.080 Any and every legal notice or advertisement published in a newspaper or on an Internet website maintained by a newspaper in violation of any of the provisions of NRS 238.010 to 238.080, inclusive, shall be absolutely void.
________
κ2023 Statutes of Nevada, Page 281κ
Senate Bill No. 23Committee on Government Affairs
CHAPTER 57
[Approved: May 29, 2023]
AN ACT relating to redevelopment; authorizing certain legislative bodies to amend a redevelopment plan to remove an area from a redevelopment area under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a legislative body to: (1) adopt by ordinance a redevelopment plan as the official redevelopment plan for a redevelopment area; and (2) amend the existing redevelopment plan, including the addition of one or more areas to the redevelopment area. (NRS 279.586, 279.608) Existing law prohibits the removal of an area from a redevelopment area by amendment. (NRS 279.608) Section 1 of this bill authorizes a legislative body of a city whose population is less than 25,000 to amend a redevelopment plan to remove an area from the redevelopment area if the legislative body determines following a public hearing that: (1) the removal will not impair adversely any outstanding bonds or securities; (2) the area that will be removed consists primarily of single-family residential dwellings or multi-family residential dwellings of three stories or less, or both; and (3) the removal is necessary or desirable because it is in the public interest for the property tax revenue collected from the area that will be removed to be distributed in the same manner as property tax revenue is distributed outside the redevelopment area. Under section 2 of this bill, a legislative body is prohibited from amending a redevelopment plan to remove such an area from a redevelopment area if the removal would impair adversely outstanding obligations of any political subdivision of this State or any other public entity.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 279.608 is hereby amended to read as follows:
279.608 1. If, at any time after the adoption of a redevelopment plan by the legislative body, the agency desires to take an action that will constitute a material deviation from the plan or otherwise determines that it would be necessary or desirable to amend the plan, the agency must recommend the amendment of the plan to the legislative body. An amendment may include the addition of one or more areas to any redevelopment area but , except as otherwise provided in subsection 2, may not include the removal of an area from any redevelopment area, regardless of whether that area was initially a part of the redevelopment area or was added later through amendment.
2. Except as otherwise provided in NRS 279.683, in a city whose population is less than 25,000, an amendment to a redevelopment plan may include the removal of an area from a redevelopment area only if the area proposed for removal consists primarily of single-family residential dwellings or multi-family residential dwellings of three stories or less, or both.
κ2023 Statutes of Nevada, Page 282 (CHAPTER 57, SB 23)κ
[2.] 3. Before recommending amendment of the plan, the agency shall hold a public hearing on the proposed amendment. Notice of that hearing must be published at least 10 days before the date of hearing in a newspaper of general circulation, printed and published in the community, or, if there is none, in a newspaper selected by the agency. The notice of hearing must include a legal description of the boundaries of the area designated in the plan to be amended and a general statement of the purpose of the amendment.
[3.] 4. In addition to the notice published pursuant to subsection [2,] 3, the agency shall cause a notice of hearing on a proposed amendment to the plan to be sent by mail at least 10 days before the date of the hearing to each owner of real property, as listed in the records of the county assessor, whom the agency determines is likely to be directly affected by the proposed amendment. The notice must:
(a) Set forth the date, time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed amendment; and
(b) Contain a brief summary of the intent of the proposed amendment.
[4.] 5. If after the public hearing, the agency recommends substantial changes in the plan which affect the master or community plan adopted by the planning commission or the legislative body, those changes must be submitted by the agency to the planning commission for its report and recommendation. The planning commission shall give its report and recommendations to the legislative body within 30 days after the agency submitted the changes to the planning commission.
[5.] 6. After receiving the recommendation of the agency concerning the changes in the plan, the legislative body shall hold a public hearing on the proposed amendment, notice of which must be published in a newspaper in the manner designated for notice of hearing by the agency. [If] The legislative body shall adopt an ordinance amending the ordinance adopting the plan if, after [that] the public hearing held pursuant to this subsection, the legislative body determines that the [amendments in] amendment to the plan [,] proposed by the agency [, are] :
(a) For an amendment that includes the removal of an area from any redevelopment area pursuant to subsection 2:
(1) Is not prohibited by NRS 279.683;
(2) Will only remove from the redevelopment area an area that consists primarily of single-family residential dwellings or multi-family residential dwellings of three stories or less, or both; and
(3) Is necessary or desirable because it is in the public interest for the property tax revenue collected from the area that will be removed to be distributed in the same manner as property tax revenue is distributed outside the redevelopment area; and
(b) For any other amendment, is necessary or desirable . [, the legislative body shall adopt an ordinance amending the ordinance adopting the plan.
6.] 7. As used in this section, material deviation means an action that, if taken, would alter significantly one or more of the aspects of a redevelopment plan that are required to be shown in the redevelopment plan pursuant to NRS 279.572. The term includes, without limitation, the vacation of a street that is depicted in the streets and highways plan of the master plan described in NRS 278.160 which has been adopted for the community and the relocation of a public park. The term does not include the vacation of a street that is not depicted in the streets and highways plan of the master plan described in NRS 278.160 which has been adopted for the community.
κ2023 Statutes of Nevada, Page 283 (CHAPTER 57, SB 23)κ
street that is not depicted in the streets and highways plan of the master plan described in NRS 278.160 which has been adopted for the community.
Sec. 2. Notwithstanding the provisions of NRS 279.608, as amended by section 1 of this act, the provisions of NRS 279.608, as amended by section 1 of this act, must not be applied to modify, directly or indirectly, any taxes levied or revenues pledged in such a manner as to impair adversely any outstanding obligations of any political subdivision of this State or other public entity, including, without limitation, bonds, medium-term financing, letters of credit and any other financial obligation, until all such obligations have been discharged in full or provision for their payment and redemption has been fully made.
Sec. 3. This act becomes effective upon passage and approval.
________
Senate Bill No. 25Committee on Government Affairs
CHAPTER 58
[Approved: May 29, 2023]
AN ACT relating to public works; requiring the State Public Works Board of the State Public Works Division of the Department of Administration to consider certain plans for office space in making certain recommendations to the Governor and Legislature; requiring the Division and departments and agencies of this State to cooperate in implementing and maintaining certain plans for office space; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the State Public Works Division of the Department of Administration to cooperate with other departments and agencies of the State in their planning efforts. Existing law also requires the State Public Works Board of the Division to submit reports and recommendations to the Governor and the Legislature relating to capital improvement projects and the priority of construction projects. (NRS 341.083, 341.127)
Section 2 of this bill requires the Division to implement and maintain a long-term plan that addresses the future need for suitable office spaces for the departments and agencies of the Executive Department of State Government, and further requires such departments and agencies to cooperate with the Division on a biennial basis in such planning efforts. Section 1 of this bill requires the Board to consider the long-term plan in their recommendations to the Governor and 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:
Section 1. NRS 341.083 is hereby amended to read as follows:
341.083 1. The Board shall submit reports and make recommendations relative to its findings to the Governor and to the Legislature.
κ2023 Statutes of Nevada, Page 284 (CHAPTER 58, SB 25)κ
Legislature. The Board shall particularly recommend to the Governor and to the Legislature the priority of construction of any buildings or other construction work now authorized or that may hereafter be authorized or proposed.
2. The Board shall submit before October 1 of each even-numbered year its recommendations for projects for capital improvements in the next biennium. The recommendations must, to the extent practicable, provide that each 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.
3. In making any recommendation required pursuant to this section, the Board must consider, without limitation, the long-term plan implemented and maintained pursuant to subsection 1 of NRS 341.127 that addresses the future need for suitable office spaces for the departments and agencies of this State.
Sec. 2. NRS 341.127 is hereby amended to read as follows:
341.127 The Division shall:
1. [Cooperate] Biennially cooperate with other departments and agencies of the State , and other departments and agencies of this State shall biennially cooperate with the Division, in [their] planning efforts [.] , including, without limitation, implementing and maintaining a long-term plan that addresses the future need for suitable office spaces for the departments and agencies of this State.
2. Advise and cooperate with municipal, county and other local planning commissions within the State to promote coordination between the State and the local plans and developments.
3. Cooperate with the Nevada Arts Council of the Department of Tourism and Cultural Affairs to plan the potential purchase and placement of works of art inside or on the grounds surrounding a state building.
Sec. 3. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 285κ
Senate Bill No. 87Committee on Legislative Operations and Elections
CHAPTER 59
[Approved: May 29, 2023]
AN ACT relating to state employment; authorizing, under certain circumstances, an appointing authority to appoint without competition certain persons to fill a position in the classified service of the Executive Department of State Government; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, a position in the classified service of the Executive Department of State Government may be filled without competition only under certain circumstances. (NRS 284.305) This bill sets forth an additional circumstance in which a position in the classified service may be filled without competition. Specifically, this bill authorizes a position in the classified service to be filled by a person without competition if the person: (1) meets the minimum qualifications for the position; and (2) has successfully completed at least 900 hours of service in an AmeriCorps, Youth Conservation Corps or Job Corps program in this State not more than 2 years before the person applies for the position and such service in the AmeriCorps, Youth Conservation Corps or Job Corps program, as applicable, was directly related to the job duties of the position in the classified service.
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 284 of NRS is hereby amended by adding thereto a new section to read as follows:
An appointing authority may appoint a person to fill a position in the classified service without competition if the person:
1. Meets the minimum qualifications for the position; and
2. Has successfully completed at least 900 hours of service in an AmeriCorps, Youth Conservation Corps or Job Corps program in this State not more than 2 years before the person applies for the position in the classified service and such service in the AmeriCorps, Youth Conservation Corps or Job Corps program, as applicable, was directly related to the job duties of the position in the classified service.
Sec. 2. 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 without competition 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 [.] and section 1 of this act.
2. The Commission may adopt regulations which provide for filling positions in the classified service without competition 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;
κ2023 Statutes of Nevada, Page 286 (CHAPTER 59, SB 87)κ
(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.
________
Senate Bill No. 214Committee on Government Affairs
CHAPTER 60
[Approved: May 29, 2023]
AN ACT relating to governmental administration; eliminating the Advisory Council on Science, Technology, Engineering and Mathematics within the Office of Science, Innovation and Technology in the Office of the Governor; eliminating the Commission on Educational Technology and transferring the duties of the Commission to the Department of Education; eliminating the requirement for the Department of Education to establish the Competency-Based Education Network; eliminating the authority of the Nevada System of Higher Education to establish the Committee on Anatomical Dissection; eliminating the authority of the Advisory Council on the State Program for Wellness and the Prevention of Chronic Disease to appoint an advisory group to study the delivery of health care through patient-centered medical homes; eliminating the Advisory Committee to the Juvenile Justice Oversight Commission; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Advisory Council on Science, Technology, Engineering and Mathematics within the Office of Science, Innovation and Technology that is established in the Office of the Governor. (NRS 223.600, 223.640, 223.650) The Advisory Council is required to develop certain plans, conduct certain surveys, apply for certain grants and prepare certain reports relating to the fields of science, technology, engineering and mathematics. (NRS 223.650) Section 17 of this bill eliminates the Advisory Council. Sections 1, 9 and 15 of this bill make conforming changes to eliminate references to the Advisory Council in the Nevada Revised Statutes.
Existing law creates the Commission on Educational Technology and requires the Commission to establish a plan for the use of educational technology in the public schools of this State. (NRS 388.785, 388.790, 388.795) Section 17 eliminates the Commission. Section 2 of this bill makes a conforming change to eliminate an internal reference to the provision of the Nevada Revised Statutes that defined the Commission. Section 4 of this bill requires the Department of Education to establish a plan for the use of educational technology in the public schools of this State. Section 3 of this bill provides that the Superintendent of Public Instruction is responsible for ensuring that the Departments duties and responsibilities related to this plan are carried out successfully. Sections 5 and 6 of this bill make conforming changes to authorize school districts and charter schools to apply to the Department rather than the Commission for certain grants.
κ2023 Statutes of Nevada, Page 287 (CHAPTER 60, SB 214)κ
Existing law requires the Department of Education to create the Competency-Based Education Network which has various duties relating to competency-based education, including to: (1) study certain educational approaches, tools, strategies and professional development; (2) identify barriers and possible solutions to implementing a statewide system of competency-based education; (3) develop evidence-based recommendations for the continued implementation of a system of competency-based education; and (4) submit an annual report to the Governor and Legislature on the implementation of a system of competency-based education in this State. (NRS 389.220) Section 17 eliminates the Network. Section 10 of this bill makes a conforming change to eliminate a requirement that the State Board of Education adopt regulations relating to participation in the Network.
Existing law requires, within the limits of available money, the Division of Public and Behavioral Health of the Department of Health and Human Services to establish the Advisory Council on the State Program for Wellness and the Prevention of Chronic Disease to advise and make recommendations to the Division concerning the Program. (NRS 439.515, 439.518) Section 11 of this bill eliminates the authority for the Advisory Council to appoint an advisory group to study the delivery of health care through patient-centered medical homes. (NRS 439.519)
Existing law authorizes the Nevada System of Higher Education to establish a Committee on Anatomical Dissection. The Committee is required, under certain circumstances, to have meetings, adopt regulations, be notified of certain unclaimed dead bodies and take, receive and distribute certain dead bodies to schools, teaching hospitals and certain other persons or entities. (NRS 451.350-451.470) Section 17 eliminates the Committee and the provisions of the Nevada Revised Statutes relating to the Committee. Sections 12-14 of this bill make conforming changes to eliminate internal references to the sections of the Nevada Revised Statutes relating to the Committee.
Existing law creates the Advisory Committee to the Juvenile Justice Oversight Commission to make recommendations concerning any duties assigned to the Commission. (NRS 62B.605) Section 17 eliminates the Advisory Committee and a corresponding definition of the term Committee.
EXPLANATION Matter in bolded italics is new; matter between brackets
[omitted
material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 223.610 is hereby amended to read as follows:
223.610 The Director of the Office of Science, Innovation and Technology shall:
1. Advise the Governor and the Executive Director of the Office of Economic Development on matters relating to science, innovation and technology.
2. Work in coordination with the Office of Economic Development to establish criteria and goals for economic development and diversification in this State in the areas of science, innovation and technology.
3. As directed by the Governor, identify, recommend and carry out policies related to science, innovation and technology.
4. Report periodically to the Executive Director of the Office of Economic Development concerning the administration of the policies and programs of the Office of Science, Innovation and Technology.
5. Coordinate activities in this State relating to the planning, mapping and procurement of broadband service in a competitively neutral and nondiscriminatory manner, which must include, without limitation:
κ2023 Statutes of Nevada, Page 288 (CHAPTER 60, SB 214)κ
(a) Development of a strategic plan to improve the delivery of broadband services in this State to schools, libraries, providers of health care, transportation facilities, prisons and other community facilities;
(b) Applying for state and federal grants on behalf of eligible entities and managing state matching money that has been appropriated by the Legislature;
(c) Coordinating and processing applications for state and federal money relating to broadband services;
(d) Prioritizing construction projects which affect or involve the expansion or deployment of broadband services in this State;
(e) In consultation with providers of health care from various health care settings, the expansion of telehealth services to reduce health care costs and increase health care quality and access in this State, especially in rural, unserved and underserved areas of this State;
(f) Expansion of the fiber optic infrastructure in this State for the benefit of the public safety radio and communications systems in this State;
(g) Collection and storage of data relating to agreements and contracts entered into by the State for the provision of fiber optic assets in this State;
(h) Administration of the trade policy for fiber optic infrastructure in this State; and
(i) Establishing and administering a program of infrastructure grants for the development or improvement of broadband services for persons with low income and persons in rural areas of this State using money from the Account for the Grant Program for Broadband Infrastructure created by NRS 223.660. The Director may adopt regulations to carry out his or duties pursuant to this paragraph.
6. [Provide support to the Advisory Council on Science, Technology, Engineering and Mathematics and direct the implementation in this State of plans developed by the Council concerning, without limitation, workforce development, college preparedness and economic development.
7.] In carrying out his or her duties pursuant to this section, consult with the Executive Director of the Office of Economic Development and cooperate with the Executive Director in implementing the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053.
[8.] 7. Administer such grants as are provided by legislative appropriation.
Sec. 2. NRS 388.780 is hereby amended to read as follows:
388.780 As used in NRS 388.780 to 388.815, inclusive, unless the context otherwise requires, the words and terms defined in NRS [388.785,] 388.787 and 388.788 have the meanings ascribed to them in those sections.
Sec. 3. NRS 388.789 is hereby amended to read as follows:
388.789 The Superintendent of Public Instruction is responsible for ensuring that the duties and responsibilities [of the Commission] set forth in NRS 388.780 to 388.815, inclusive, are carried out by the [Commission] Department successfully.
Sec. 4. NRS 388.795 is hereby amended to read as follows:
388.795 1. The [Commission] Department shall establish a plan for the use of educational technology in the public schools of this State. In preparing the plan, the [Commission] Department shall consider:
κ2023 Statutes of Nevada, Page 289 (CHAPTER 60, SB 214)κ
(a) Plans that have been adopted by [the Department and] the school districts and charter schools in this State [;] , and any other relevant plan that has been adopted by the Department;
(b) Plans that have been adopted in other states;
(c) The information reported pursuant to NRS 385A.310 and similar information included in the annual report of accountability information prepared by the State Public Charter School Authority and a college or university within the Nevada System of Higher Education that sponsors a charter school pursuant to subsection 3 of NRS 385A.070;
(d) The results of the assessment of needs conducted pursuant to subsection [6;] 5; and
(e) Any other information that the [Commission] Department or the Committee deems relevant to the preparation of the plan.
2. The plan established by the [Commission] Department must include recommendations for methods to:
(a) Incorporate educational technology into the public schools of this State;
(b) Increase the number of pupils in the public schools of this State who have access to educational technology;
(c) Increase the availability of educational technology to assist licensed teachers and other educational personnel in complying with the requirements of continuing education, including, without limitation, the receipt of credit for college courses completed through the use of educational technology;
(d) Facilitate the exchange of ideas to improve the achievement of pupils who are enrolled in the public schools of this State; and
(e) Address the needs of teachers in incorporating the use of educational technology in the classroom, including, without limitation, the completion of training that is sufficient to enable the teachers to instruct pupils in the use of educational technology.
3. [The Department shall provide:
(a) Administrative support;
(b) Equipment; and
(c) Office space,
Κ as is necessary for the Commission to carry out the provisions of this section.
4.] The following entities shall cooperate with the [Commission] Department in carrying out the provisions of this section:
(a) The State Board.
(b) The board of trustees of each school district.
(c) The superintendent of schools of each school district.
[(d) The Department.
5.] 4. The [Commission] Department shall:
(a) Develop technical standards for educational technology and any electrical or structural appurtenances necessary thereto, including, without limitation, uniform specifications for computer hardware and wiring, to ensure that such technology is compatible, uniform and can be interconnected throughout the public schools of this State.
(b) Allocate money to the school districts from the Trust Fund for Educational Technology created pursuant to NRS 388.800 and any money appropriated by the Legislature for educational technology, subject to any priorities for such allocation established by the Legislature.
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(c) Establish criteria for the board of trustees of a school district that receives an allocation of money from the [Commission] Trust Fund to:
(1) Repair, replace and maintain computer systems.
(2) Upgrade and improve computer hardware and software and other educational technology.
(3) Provide training, installation and technical support related to the use of educational technology within the district.
(d) Submit to the Governor [,] and the Committee [and the Department] its plan for the use of educational technology in the public schools of this State and any recommendations for legislation.
(e) Review the plan annually and make revisions as it deems necessary or as [directed] recommended by the Committee . [or the Department.]
(f) In addition to the recommendations set forth in the plan pursuant to subsection 2, make further recommendations to the Committee [and the Department] as the [Commission] Department deems necessary.
[6.] 5. During the spring semester of each even-numbered school year, the [Commission] Department shall conduct an assessment of the needs of each school district relating to educational technology. In conducting the assessment, the [Commission] Department shall consider:
(a) The recommendations set forth in the plan pursuant to subsection 2;
(b) The plan for educational technology of each school district, if applicable;
(c) Evaluations of educational technology conducted for the State or for a school district, if applicable; and
(d) Any other information deemed relevant by the [Commission.] Department.
Κ The [Commission] Department shall submit a final written report of the assessment to the Superintendent of Public Instruction on or before April 1 of each even-numbered year.
[7.] 6. The Superintendent of Public Instruction shall prepare a written compilation of the results of the assessment conducted by the [Commission] Department and transmit the written compilation on or before June 1 of each even-numbered year to the Committee and to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature.
[8.] 7. The [Commission] Director may appoint an advisory committee composed of [members] employees of the [Commission] Department or other qualified persons to provide recommendations to the [Commission] Department regarding standards for the establishment, coordination and use of a telecommunications network in the public schools throughout the various school districts in this State. The advisory committee serves at the pleasure of the [Commission] Director and without compensation unless an appropriation or other money for that purpose is provided by the Legislature.
[9.] 8. As used in this section, public school includes the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS.
Sec. 5. NRS 388.800 is hereby amended to read as follows:
388.800 1. The Trust Fund for Educational Technology is hereby created in the State General Fund. The Trust Fund must be administered by the Superintendent of Public Instruction. The Superintendent may accept gifts and grants of money from any source for deposit in the Trust Fund. Any such money may be expended in accordance with the terms and conditions of the gift or grant, or in accordance with subsection 3.
κ2023 Statutes of Nevada, Page 291 (CHAPTER 60, SB 214)κ
such money may be expended in accordance with the terms and conditions of the gift or grant, or in accordance with subsection 3.
2. The interest and income earned on the money in the Trust Fund must be credited to the Trust Fund.
3. The money in the Trust Fund may be used only for the distribution of money to school districts and charter schools to be used in kindergarten through 12th grade to obtain and maintain hardware and software for computer systems, equipment for transfer of data by modem through connection to telephone lines, and other educational technology as may be approved by the [Commission] Department for use in classrooms.
Sec. 6. NRS 388.805 is hereby amended to read as follows:
388.805 The Department shall [, in consultation with the Commission,] adopt regulations that establish a program whereby school districts and charter schools may apply to the [Commission on Educational Technology] Department for money from the Trust Fund for Educational Technology.
Sec. 7. NRS 388.810 is hereby amended to read as follows:
388.810 1. The Nevada Ready 21 Technology Program is hereby created for the purposes of:
(a) Providing each pupil and teacher at a public school which participates in the Program with 24-hour access to their own personal, portable technology device connected wirelessly to the Internet;
(b) Improving pupil outcomes through the use of digital teaching and learning technology, including, without limitation:
(1) Improving the extent to which pupils are engaged in classroom activity;
(2) Improving the attendance rate of pupils;
(3) Improving the graduation rate of pupils;
(4) Reducing the number of behavioral incidents in a classroom;
(5) Facilitating the application of material taught in the classroom to the real world; and
(6) Differentiating classroom instruction;
(c) Providing high-quality professional development for teachers to improve pupil outcomes through the use of digital teaching and learning technology;
(d) Effectively integrating technologies with teaching and learning; and
(e) Increasing the percentage of pupils who are career and workforce ready.
2. The [Commission] Department shall administer the Program.
3. In administering the Program, the [Commission] Department shall establish procedures by which the board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils may apply to the [Commission] Department for a grant of money. An application for a grant must:
(a) Set forth a plan that includes:
(1) Measures designed to ensure that the school district, charter school or university school for profoundly gifted pupils submitting the application will apply best practices to the use of technology devices;
(2) Specific learning goals; and
(3) A method for measuring progress toward achieving those goals; and
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(b) Provide a description of:
(1) The cost of purchasing the portable technology devices, the cost of professional development and any additional associated expenses of the school district, charter school or university school for profoundly gifted pupils to carry out the Program;
(2) The amount of money sought; and
(3) How the school district, charter school or university school for profoundly gifted pupils will pay for the difference between subparagraphs (1) and (2), if a difference exists.
4. To the extent that money is available, the [Commission] Department shall designate the amount of money that will be provided for each person intended to be served by any grant awarded by the [Commission.] Department. The [Commission] Department shall review all applications submitted pursuant to subsection 3 and award a grant to the board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils in an amount determined by multiplying such an amount designated by the number of persons identified by the recipient of the grant to be served by the grant. The [Commission] Department may establish by regulation the criteria it will consider in determining whether to award a grant but shall not give preference in the awarding of a grant to an applicant solely on the basis of the vendor that the applicant intends to use pursuant to the grant.
5. The [Commission] Department shall, in consultation with each school district, establish standards and methods for measuring progress in the level of academic achievement and other areas identified by the [Commission] Department for pupils enrolled at public schools that are awarded a grant of money pursuant to subsection 4.
Sec. 8. NRS 388.815 is hereby amended to read as follows:
388.815 1. A school district, charter school or university school for profoundly gifted pupils that receives a grant pursuant to NRS 388.810 shall annually provide a report to the [Commission] Department in the form prescribed by the [Commission] Department that includes, without limitation:
(a) Any expenditures of money to implement the Program by the school district, charter school or university school for profoundly gifted pupils;
(b) A summary of the progress of the school district, charter school or university school for profoundly gifted pupils toward meeting the learning goals specified in the application for a grant submitted pursuant to NRS 388.810; and
(c) Any feedback received by the school district, charter school or university school for profoundly gifted pupils concerning the Program from other recipients of money from the Program.
2. The Department shall enter into an agreement with a person or entity to carry out the Program. Such a person or entity may provide the following services:
(a) Computing devices that meet the minimum requirements established by the [Commission] Department for use in the Program.
(b) Software and applications.
(c) Learning management systems that allow the school district, charter school or university school for profoundly gifted pupils to create instructional materials to be used in a classroom and to track and manage such materials.
κ2023 Statutes of Nevada, Page 293 (CHAPTER 60, SB 214)κ
(d) Professional development.
(e) Wireless networking solutions.
3. A school district, charter school or university school for profoundly gifted pupils that receives a grant pursuant to NRS 388.810 may enter into an agreement with a person or entity to provide any or all of the services described in paragraphs (a) to (e), inclusive, of subsection 2.
Sec. 9. NRS 389.038 is hereby amended to read as follows:
389.038 The Department [, in consultation with the Advisory Council on Science, Technology, Engineering and Mathematics created by NRS 223.640,] shall:
1. Review each course in computer science submitted to the State Board for approval pursuant to NRS 389.037 and all instruction in computer education and technology submitted to the State Board for approval pursuant to NRS 389.072; and
2. Make recommendations to the State Board concerning whether the course or instruction should be approved.
Sec. 10. NRS 389.210 is hereby amended to read as follows:
389.210 1. The Department shall establish a pilot program to provide competency-based education.
2. The State Board shall adopt regulations that prescribe:
(a) The process for submission of an application by the board of trustees of a school district or the governing body of a charter school to participate in the pilot program; and
(b) The qualifications and conditions for participation by a school in the pilot program, including, without limitation:
(1) A commitment by the school district or charter school to implement competency-based education for not less than 5 years; and
(2) Evidence of support for the implementation of competency-based education by the community served by the school district or charter school . [; and
(3) A commitment to participate in the Competency-Based Education Network established by NRS 389.220.]
3. A school selected to participate in the pilot program to provide competency-based education shall:
(a) Implement a system of instruction by which a pupil advances to a higher level of learning when the pupil demonstrates mastery of a concept or skill;
(b) Establish concrete skills on which a pupil will be evaluated that include explicit, measurable and transferable learning objectives;
(c) Ensure that assessment is a meaningful and positive learning experience for pupils;
(d) Ensure that pupils receive timely and differentiated support based upon their individual learning needs; and
(e) Ensure that pupils are able to apply knowledge learned, create new knowledge and develop important skills and dispositions relating to such knowledge.
4. If at least one application to participate in the pilot program is made on behalf of a school that primarily serves pupils who are at risk or credit deficient, or in need of credit retrieval, the Department must select at least one such school to participate in the pilot program.
5. As used in this section, a pupil is at risk if the pupil has an economic or academic disadvantage such that he or she requires special services and assistance to enable him or her to succeed in educational programs.
κ2023 Statutes of Nevada, Page 294 (CHAPTER 60, SB 214)κ
services and assistance to enable him or her to succeed in educational programs. The term includes, without limitation, pupils who are members of economically disadvantaged families, pupils who are English learners, pupils who are at risk of dropping out of high school and pupils who do not meet minimum standards of academic proficiency. The term does not include a pupil with a disability.
Sec. 11. NRS 439.519 is hereby amended to read as follows:
439.519 1. The members of the Advisory Council serve terms of 2 years. A member may be reappointed to serve not more than two additional, consecutive terms.
2. A majority of the voting members of the Advisory Council shall select a Chair and a Vice Chair of the Advisory Council.
3. A majority of the voting members of the Advisory Council may:
(a) Appoint committees or subcommittees to study issues relating to wellness and the prevention of chronic disease.
(b) Remove a nonlegislative member of the Advisory Council for failing to carry out the business of, or serve the best interests of, the Advisory Council.
[(c) Establish an advisory group of interested persons and governmental entities to study the delivery of health care through patient-centered medical homes. Interested persons and governmental entities that serve on the advisory group may include, without limitation:
(1) Public health agencies;
(2) Public and private insurers;
(3) Providers of primary care, including, without limitation, physicians and advanced practice registered nurses who provide primary care; and
(4) Recipients of health care services.]
4. The Division shall, within the limits of available money, provide the necessary professional staff and a secretary for the Advisory Council.
5. A majority of the voting members of the Advisory Council constitutes a quorum to transact all business, and a majority of those voting members present, physically or via telecommunications, must concur in any decision.
6. The Advisory Council shall, within the limits of available money, meet at the call of the Administrator, the Chair or a majority of the voting members of the Advisory Council quarterly or as is necessary.
7. The members of the Advisory Council serve without compensation, except that each member is entitled, while engaged in the business of the Advisory Council and within the limits of available money, to the per diem allowance and travel expenses provided for state officers and employees generally.
[8. As used in this section, patient-centered medical home has the meaning ascribed to it in NRS 439A.190.]
Sec. 12. NRS 451.005 is hereby amended to read as follows:
451.005 As used in NRS 451.010 to [451.470,] 451.340, inclusive, unless the context otherwise requires, human remains or remains means the body of a deceased person, and includes the body in any stage of decomposition and the cremated remains of a body.
Sec. 13. NRS 451.010 is hereby amended to read as follows:
451.010 1. The right to dissect the dead body of a human being is limited to cases:
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(a) Specially provided by statute or by the direction or will of the deceased.
(b) Where a coroner is authorized under NRS 259.050 or an ordinance enacted pursuant to NRS 244.163 to hold an inquest upon the body, and then only as the coroner may authorize dissection.
(c) Where the spouse or next of kin charged by law with the duty of burial authorize dissection for the purpose of ascertaining the cause of death, and then only to the extent so authorized.
(d) [Where authorized by the provisions of NRS 451.350 to 451.470, inclusive.
(e)] Where authorized by the provisions of NRS 451.500 to 451.598, inclusive.
2. Every person who makes, causes or procures to be made any dissection of the body of a human being, except as provided in subsection 1, is guilty of a gross misdemeanor.
Sec. 14. NRS 451.596 is hereby amended to read as follows:
451.596 1. A coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research or education.
2. If a coroner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the coroner and a postmortem examination is going to be performed, unless the coroner denies recovery in accordance with NRS 451.597, the coroner or designee shall conduct a postmortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift.
3. A part may not be removed from the body of a decedent under the jurisdiction of a coroner for transplantation, therapy, research or education unless the part is the subject of an anatomical gift or such removal is authorized or required by other law. The body of a decedent under the jurisdiction of the coroner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift or such delivery is authorized or required by [NRS 451.350 to 451.470, inclusive, or other] law. This subsection does not preclude a coroner from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the coroner.
Sec. 15. NRS 482.3794 is hereby amended to read as follows:
482.3794 1. The Department, in cooperation with the Office of Science, Innovation and Technology in the Office of Governor, shall design, prepare and issue license plates that indicate support for educational programs in the areas of science, technology, engineering and mathematics, using any colors that the Department deems appropriate.
2. The Department shall issue license plates that indicate support for educational programs in the areas of science, technology, engineering and mathematics for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that indicate support for educational programs in the areas of science, technology, engineering and mathematics if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that indicate support for educational programs in the areas of science, technology, engineering and mathematics pursuant to subsection 3.
κ2023 Statutes of Nevada, Page 296 (CHAPTER 60, SB 214)κ
the fees for the license plates that indicate support for educational programs in the areas of science, technology, engineering and mathematics pursuant to subsection 3.
3. The fee for license plates that indicate support for educational programs in the areas of science, technology, engineering and mathematics is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment to the Department of $10.
4. In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed pursuant to subsection 3, a person who requests a set of license plates that indicate support for educational programs in the areas of science, technology, engineering and mathematics must pay for the issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be deposited in accordance with subsection 5.
5. Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Director of the Office of Science, Innovation and Technology in the Office of the Governor. The Director of the Office [, in consultation with the Advisory Council on Science, Technology, Engineering and Mathematics created by NRS 223.640,] shall identify nonprofit corporations in this State to assist in the distribution of the funds from this section in a manner designed to encourage the study of science, technology, engineering and mathematics by pupils in this State.
6. The provisions of NRS 482.36705 do not apply to license plates described in this section.
7. If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
8. The Department may accept any gifts, grants and donations or other sources of money for the production and issuance of the special license plates pursuant to this section. All money received pursuant to this subsection must be deposited in the Revolving Account for the Issuance of Special License Plates created by NRS 482.1805.
Sec. 16. 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. 17. NRS 62A.055, 62B.605, 223.640, 223.650, 388.785, 388.790, 389.220, 451.350, 451.360, 451.370, 451.380, 451.390, 451.400, 451.410, 451.420, 451.430, 451.440, 451.450, 451.460 and 451.470 are hereby repealed.
Sec. 18. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 297κ
Senate Bill No. 437Committee on Commerce and Labor
CHAPTER 61
[Approved: May 29, 2023]
AN ACT relating to accountants; revising provisions governing the registration by the Nevada State Board of Accountancy of partnerships, corporations, limited-liability companies and sole proprietorships; revising requirements for a person to take an examination for and to obtain a certificate of certified public accountant; removing the requirement that the Board charge a fee for an examination for a certificate of certified public accountant; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a person seeking a certificate of certified public accountant to meet certain requirements relating to education and work experience, including the completion of 2 years of public accounting experience in a partnership, corporation, limited-liability company or sole proprietorship engaged in the practice of public accounting. Existing law authorizes the Nevada State Board of Accountancy to prescribe by regulation for the substitution of certain qualified programs of continued education to satisfy partially the requirements for work experience. (NRS 628.200) Section 2 of this bill replaces the requirement to obtain 2 years of work experience with a requirement to complete not less than 2,000 hours of work experience in a period of not less than 1 year. Section 2 also removes the authority of the Board to adopt regulations providing for substitute programs of continuing education to satisfy the requirements for work experience.
Existing law provides that a candidate for a certificate of certified public accountant who meets certain educational requirements is eligible to take the examination for the certificate before completing the requirements for work experience if the candidate is without any history of acts involving dishonesty or moral turpitude. (NRS 628.190, 628.240) Section 3 of this bill removes the requirement that the candidate must not have any history of acts involving dishonesty or moral turpitude. Existing law requires the Board to charge a candidate a fee for the examination. (NRS 628.280) Section 4 of this bill authorizes, rather than requires, the Board to charge an examination fee.
Existing law authorizes the Board to waive the requirement that an applicant for a certificate take an examination if the applicant satisfies certain requirements, including having experience in the practice of public accountancy either as a certified public accountant or as a staff accountant under certain circumstances. (NRS 628.310) Section 5 of this bill authorizes the Board to waive the examination for a person who has experience in the practice of public accountancy, private industry or the federal, state or local government, while holding a certificate as a certified public accountant for more than 4 of the immediately preceding 10 years.
Existing law grants practice privileges in this State to a natural person who holds a valid license as a certified public accountant in another state. Such a natural person is not required to obtain a certificate of certified public accountant or a permit to engage in the practice of public accounting from the Board but is required to consent to certain specified conditions, including consent to the disciplinary authority of the Board. (NRS 628.315) Section 6 of this bill extends the authority of the Board to grant such practice privileges to a certified public accounting firm organized as a partnership, corporation or limited-liability company or a sole proprietorship which holds a valid registration in good standing from another state. Such a certified public accounting firm is not required to register with the Board but is required to consent to the same conditions as natural persons, such as consent to the disciplinary authority of the Board.
κ2023 Statutes of Nevada, Page 298 (CHAPTER 61, SB 437)κ
of the Board. Sections 1 and 8-20 of this bill make conforming changes to account for the Boards authority to grant practice privileges to those entities. Sections 8-10 of this bill also require those entities which are organized as a partnership, corporation or limited-liability company to maintain an office in this State.
Section 7 of this bill exempts certain entities whose sole business is preparing tax returns and related schedules from the requirement of registration.
Section 21 of this bill repeals the definition of home office which is rendered obsolete by the changes made by sections 6 and 7.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 628.023 is hereby amended to read as follows:
628.023 Practice of public accounting means the offering to perform or the performance by a holder of a live permit or a natural person or certified public accounting firm granted practice privileges pursuant to NRS 628.315, for a client or potential client, of one or more services involving the use of skills in accounting or auditing, one or more services relating to advising or consulting with clients on matters relating to management or the preparation of tax returns and the furnishing of advice on matters relating to taxes.
Sec. 2. NRS 628.200 is hereby amended to read as follows:
628.200 1. Except as otherwise provided in subsection 4, the requirements of education for a certificate of certified public accountant are:
(a) At least 150 semester hours or an equivalent number of quarter hours; and
(b) A baccalaureate degree or an equivalent degree from a college or university recognized by the Board:
(1) With a major in accounting, or what the Board determines to be substantially the equivalent of a major in accounting; or
(2) With a major other than accounting supplemented by what the Board determines to be substantially the equivalent of an accounting major, including related courses in other areas of business administration.
2. The requirement for work experience for a certificate of certified public accountant is:
(a) [Two years] Not less than 2,000 hours accumulated over a period of not less than 1 year of public accounting experience in a partnership, corporation, limited-liability company or sole proprietorship engaged in the practice of public accounting under the direct supervision of a person who is a certified public accountant; or
(b) Other work experience under the direct supervision of a person engaged in active practice as a certified public accountant, of a character and for a length of time sufficient in the opinion of the Board to be substantially equivalent to the requirements of paragraph (a).
3. The Board [:
(a) Shall] shall adopt regulations concerning:
[(1)] (a) The number of semester hours or an equivalent number of quarter hours in accounting and other courses required by an applicant to satisfy the requirements of subsection 1.
[(2)] (b) The public accounting experience or other work experience required by an applicant to satisfy the requirements of subsection 2.
κ2023 Statutes of Nevada, Page 299 (CHAPTER 61, SB 437)κ
[(b) May provide by regulation for the substitution of qualified programs of continuing education to satisfy partially the requirement of work experience described in paragraph (b) of subsection 2 or may add any program to the requirement of work experience.]
4. Notwithstanding any provision of this section to the contrary, an applicant for a certificate of certified public accountant who has received conditional credit pursuant to NRS 628.260 for passing a section of the examination required for a certificate, and who applies that credit to subsequent passage of the examination, is subject to the educational requirements to receive a certificate that were in effect on the date on which the applicant passed all sections of the examination.
Sec. 3. NRS 628.240 is hereby amended to read as follows:
628.240 A candidate for a certificate of certified public accountant who has met the educational requirements as prescribed by the Board pursuant to NRS 628.230 is eligible to take the examination without waiting until he or she meets the requirements of work experience . [if the candidate also meets the requirements of paragraph (a) of subsection 1 of NRS 628.190.]
Sec. 4. NRS 628.280 is hereby amended to read as follows:
628.280 1. The Board [shall] may charge each candidate for a certificate of certified public accountant a fee, to be determined by the Board by regulation, for the examination prescribed by the Board.
2. The applicable fee must be paid by the candidate at the time he or she applies for examination.
Sec. 5. NRS 628.310 is hereby amended to read as follows:
628.310 1. The Board may waive the examination, the requirements for education or the requirements for work experience, or any combination thereof, required under NRS 628.190, and may issue a certificate as a certified public accountant to any person who is the holder of a certificate as a certified public accountant then in effect issued under the laws of any state or other jurisdiction of the United States approved by the Board, constituting a recognized qualification for the practice of public accounting comparable to that of a certified public accountant of this State, if:
(a) The person has passed an examination that is substantially the same as the examination conducted pursuant to NRS 628.230 with a grade that would have been a passing grade in this State on the date on which the person received his or her original certificate;
(b) The person has experience in the practice of public accountancy, [either as a certified public accountant or as a staff accountant employed by a partnership, corporation, limited-liability company or sole proprietorship engaged in the practice of public accounting and working under the direct supervision of a person who is a certified public accountant,] private industry or the federal, state or local government, while holding a certificate as a certified public accountant for more than 4 of the 10 years immediately preceding his or her making application pursuant to this chapter; and
(c) The requirements for education of the state or other jurisdiction from which the person received his or her original certificate are determined by the Board to satisfy the requirements for education of this State.
2. The Board may issue a certificate as a certified public accountant to any person who is the holder of an equivalent certificate then in effect issued by a foreign country if:
κ2023 Statutes of Nevada, Page 300 (CHAPTER 61, SB 437)κ
(a) Persons who are certified as public accountants in this State are granted similar privileges by the foreign country in which the applicant is certified;
(b) The applicants certificate:
(1) Was issued by the appropriate authority that regulates the practice of public accountancy in the foreign country in which the certificate was issued;
(2) Has not expired or been revoked or suspended; and
(3) Authorizes the applicant to issue reports upon financial statements;
(c) The requirements for education and examination of the regulatory authority of the foreign country were substantially equivalent to the requirements for education and examination of this State on the date on which the applicant received his or her certificate;
(d) The applicant:
(1) Complied with requirements for experience in the foreign country in which the certificate was issued that are substantially equivalent to the requirements set forth in NRS 628.200; or
(2) Has completed in any state at least 4 years of public accounting experience, or equivalent experience determined to be appropriate by the Board, within the 10 years immediately preceding his or her making application for certification in this State;
(e) The applicant has passed a written examination on national standards for public accounting and ethics that is acceptable to the Board; and
(f) The applicant submits with the application a list of all jurisdictions in which he or she has applied for and received a certificate to practice public accounting.
3. A person who is granted a certificate as a certified public accountant pursuant to subsection 2 shall notify the Board, in writing, within 30 days after:
(a) The person is issued an equivalent certificate to practice public accounting by another jurisdiction or is denied the issuance of such a certificate;
(b) A certificate to practice public accounting issued to the person by another jurisdiction is revoked or suspended; or
(c) Another jurisdiction in which the person is certified to practice public accounting commences any type of disciplinary action against the person.
Sec. 6. NRS 628.315 is hereby amended to read as follows:
628.315 1. Except as otherwise provided in this chapter, a natural person who holds a valid license in good standing as a certified public accountant or a certified public accounting firm organized as a partnership, corporation, limited-liability company or sole proprietorship that holds a valid registration in good standing from any state other than this State shall be deemed to be a certified public accountant or a certified public accounting firm for all purposes under the laws of this State other than this chapter.
2. A natural person or certified public accounting firm granted practice privileges pursuant to subsection 1 is not required to obtain [:] , as applicable:
(a) A certificate pursuant to NRS 628.190; [or]
(b) A permit pursuant to NRS 628.380 [.] ; or
(c) A registration pursuant to NRS 628.335.
κ2023 Statutes of Nevada, Page 301 (CHAPTER 61, SB 437)κ
3. A natural person or certified public accounting firm granted practice privileges pursuant to subsection 1 and a partnership, corporation, limited-liability company or sole proprietorship that employs such a natural person or a certified public accounting firm granted practice privileges pursuant to subsection 1 shall be deemed to consent, as a condition of the grant of such practice privileges:
(a) To the personal and subject matter jurisdiction, and disciplinary authority, of the Board.
(b) To comply with the provisions of this chapter and the regulations of the Board.
(c) That, in the event that the license from the state wherein the [natural persons] principal place of business of the natural person or certified public accounting firm is located becomes invalid [, the] or not in good standing:
(1) The natural person will cease offering or engaging in the practice of [professional] public accounting in this State individually and on behalf of a partnership, corporation, limited-liability company or sole proprietorship [.] ; or
(2) The certified public accounting firm will cease offering or engaging in the practice of public accounting in this State.
(d) To the appointment of the state board that issued the license as the agent upon whom process may be served in any investigation, action or proceeding by the Board relating to [the] :
(1) The natural person or the partnership, corporation, limited-liability company or sole proprietorship [by the Board.
4. A natural person granted practice privileges pursuant to subsection 1 may perform attest services for a client having his or her home office in this State only if the partnership, corporation, limited-liability company or sole proprietorship that employs the person is registered pursuant to NRS 628.335.] that employs the natural person; or
(2) The certified public accounting firm.
Sec. 7. NRS 628.335 is hereby amended to read as follows:
628.335 1. The Board shall grant or renew registration to a partnership, corporation, limited-liability company or sole proprietorship that demonstrates its qualifications therefor in accordance with this chapter.
2. [A] Except as otherwise provided in subsection 3, a partnership, corporation or limited-liability company with an office in this State shall register with the Board if the partnership, corporation or limited-liability company:
(a) Performs attest services;
(b) Performs compilation services;
(c) Is engaged in the practice of public accounting; or
(d) Is styled and known as a certified public accountant or uses the abbreviation C.P.A.
3. [A] An entity that is organized as a partnership, corporation, limited-liability company or sole proprietorship [that does] is not [have an office in this State:
(a) Shall register with the Board if the partnership, corporation, limited-liability company or sole proprietorship performs attest services for a client having his or her home office in this State.
κ2023 Statutes of Nevada, Page 302 (CHAPTER 61, SB 437)κ
(b) May practice public accounting, may perform compilation services or other professional services within the practice of public accounting other than attest services for a client having his or her home office in this State, may be] required to register pursuant to this section if:
(a) The entity is not styled [and] or known as a firm of certified public [accountant and may use] accountants;
(b) The entity is not using the title or designation certified public accountant [and] or the abbreviation C.P.A. [without registering with the Board if:
(1) Persons who are certified public accountants in any state constitute a simple majority, in terms of financial interests and voting rights of all partners, shareholders, officers, members and principals thereof, of the ownership of the partnership, corporation, limited-liability company or] ; and
(c) The sole [proprietorship;
(2) The partnership, corporation, limited-liability company or sole proprietorship complies with the provisions of subsection 5 of NRS 628.325, if applicable;
(3) A natural person granted practice privileges pursuant to NRS 628.315 practices such public accounting or performs such compilation services or such other professional services within the practice of public accounting for the client having his or her home office] business of the entity is preparing tax returns or schedules in [this State; and
(4) The partnership, corporation, limited-liability company or sole proprietorship can lawfully perform such services in the state where the natural person described in subparagraph (3) has his or her principal place of business.
4. A natural person granted practice privileges pursuant to NRS 628.315 must not be required to obtain a permit from this State pursuant to NRS 628.380 if the person performs such professional services for:
(a) Which a partnership, corporation, limited-liability company or sole proprietorship is required to register pursuant to subsection 2 or 3; or
(b) A partnership, corporation or limited-liability company registered pursuant to the provisions of NRS 628.325.] support of tax returns.
Sec. 8. NRS 628.340 is hereby amended to read as follows:
628.340 1. A partnership required or otherwise seeking to register with the Board pursuant to NRS 628.335 must meet the following requirements:
(a) At least one general partner must be [either] a certified public accountant of this State in good standing . [or, if the partnership is required to register pursuant to paragraph (a) of subsection 3 of NRS 628.335, a natural person granted practice privileges pursuant to NRS 628.315.]
(b) Each partner who is a resident of this State and is personally and regularly engaged within this State in the practice of public accounting as a member thereof, or whose principal place of business is in this State and who is engaged in the practice of [professional] public accounting in this State, must be a certified public accountant of this State in good standing.
(c) Each partner who is personally and regularly engaged in the practice of public accounting in this State must be [either] a certified public accountant of this State in good standing . [or, if the partnership is required to register pursuant to paragraph (a) of subsection 3 of NRS 628.335, a natural person granted practice privileges pursuant to NRS 628.315.]
κ2023 Statutes of Nevada, Page 303 (CHAPTER 61, SB 437)κ
to register pursuant to paragraph (a) of subsection 3 of NRS 628.335, a natural person granted practice privileges pursuant to NRS 628.315.]
(d) Each partner who is regularly engaged in the practice of public accounting within the United States must be a certified public accountant in good standing of some state or jurisdiction of the United States.
(e) Each manager in charge of an office of the partnership in this State must be [either] a certified public accountant of this State in good standing . [or a natural person granted practice privileges pursuant to NRS 628.315.]
(f) The partnership maintains an office in this State.
(g) A corporation or limited-liability company which is registered pursuant to NRS 628.343 or 628.345 may be a partner, and a partnership which is registered pursuant to this section may be a general partner, in a partnership engaged in the practice of public accounting.
2. Application for registration must be made upon the affidavit of [either] a general partner who holds a live permit to practice in this State as a certified public accountant . [or, if the partnership is required to register pursuant to paragraph (a) of subsection 3 of NRS 628.335, a natural person granted practice privileges pursuant to NRS 628.315.] The Board shall determine whether the applicant is eligible for registration and may charge an initial fee and an annual renewal fee set by the Board by regulation. A partnership which is so registered may use the words certified public accountants or the abbreviation C.P.A.s or CPAs in connection with its partnership name. Notice must be given to the Board within 1 month after the admission to or withdrawal of a partner from any partnership so registered.
Sec. 9. NRS 628.343 is hereby amended to read as follows:
628.343 1. A corporation required or otherwise seeking to register with the Board pursuant to NRS 628.335 shall comply with the following requirements:
(a) The sole purpose and business of the corporation must be to furnish to the public services not inconsistent with this chapter or the regulations of the Board, except that the corporation may invest its money in a manner not incompatible with the practice of public accounting.
(b) The principal officer of the corporation and any officer or director having authority over the practice of public accounting by the corporation must be a certified public accountant of [some state] this State in good standing.
(c) At least one shareholder of the corporation must be [either] a certified public accountant of this State in good standing . [or, if the corporation is required to register pursuant to paragraph (a) of subsection 3 of NRS 628.335, a natural person granted practice privileges pursuant to NRS 628.315.]
(d) Each manager in charge of an office of the corporation in this State and each shareholder or director who is regularly and personally engaged within this State in the practice of public accounting must be [either] a certified public accountant of this State in good standing . [or, if the corporation is required to register pursuant to paragraph (a) of subsection 3 of NRS 628.335, a natural person granted practice privileges pursuant to NRS 628.315.]
(e) In order to facilitate compliance with the provisions of this section relating to the ownership of stock, there must be a written agreement binding the shareholders or the corporation to purchase any shares offered for sale by, or not under the ownership or effective control of, a qualified shareholder.
κ2023 Statutes of Nevada, Page 304 (CHAPTER 61, SB 437)κ
the shareholders or the corporation to purchase any shares offered for sale by, or not under the ownership or effective control of, a qualified shareholder. The corporation may retire any amount of stock for this purpose, notwithstanding any impairment of its capital, so long as one share remains outstanding.
(f) The corporation maintains an office in this State.
(g) The corporation shall comply with other regulations pertaining to corporations practicing public accounting in this State adopted by the Board.
2. Application for registration must be made upon the affidavit of [either] a shareholder who holds a live permit to practice in this State as a certified public accountant . [or, if the corporation is required to register pursuant to paragraph (a) of subsection 3 of NRS 628.335, a natural person granted practice privileges pursuant to NRS 628.315.] The Board shall determine whether the applicant is eligible for registration and may charge an initial fee and an annual renewal fee set by the Board by regulation. A corporation which is so registered may use the words certified public accountants or the abbreviation C.P.A.s or CPAs in connection with its corporate name. Notice must be given to the Board within 1 month after the admission to or withdrawal of a shareholder from any corporation so registered.
Sec. 10. NRS 628.345 is hereby amended to read as follows:
628.345 1. A limited-liability company required or otherwise seeking to register with the Board pursuant to NRS 628.335 shall comply with the following requirements:
(a) The sole purpose and business of the limited-liability company must be to furnish to the public services not inconsistent with this chapter or the regulations of the Board, except that the limited-liability company may invest its money in a manner not incompatible with the practice of public accounting.
(b) The manager, if any, of the limited-liability company must be a certified public accountant of [some state] this State in good standing.
(c) At least one member of the limited-liability company must be [either] a certified public accountant of this State in good standing . [or, if the limited-liability company is required to register pursuant to paragraph (a) of subsection 3 of NRS 628.335, a natural person granted practice privileges pursuant to NRS 628.315.]
(d) Each person in charge of an office of the limited-liability company in this State and each member who is regularly and personally engaged within this State in the practice of public accounting must be [either] a certified public accountant of this State in good standing . [or, if the limited-liability company is required to register pursuant to paragraph (a) of subsection 3 of NRS 628.335, a natural person granted practice privileges pursuant to NRS 628.315.]
(e) In order to facilitate compliance with the provisions of this section relating to the ownership of interests, there must be a written agreement binding the members or the limited-liability company to purchase any interest offered for sale by, or not under the ownership or effective control of, a qualified member.
(f) The limited-liability company maintains an office in this State.
κ2023 Statutes of Nevada, Page 305 (CHAPTER 61, SB 437)κ
(g) The limited-liability company shall comply with other regulations pertaining to limited-liability companies practicing public accounting in this State adopted by the Board.
2. Application for registration must be made upon the affidavit of the manager or a member of the limited-liability company. The affiant must hold a live permit to practice in this State as a certified public accountant . [or, if the limited-liability company is required to register pursuant to paragraph (a) of subsection 3 of NRS 628.335, be a natural person granted practice privileges pursuant to NRS 628.315.] The Board shall determine whether the applicant is eligible for registration and may charge an initial fee and an annual renewal fee set by the Board by regulation. A limited-liability company which is so registered may use the words certified public accountants or the abbreviation C.P.A.s or CPAs in connection with its name. Notice must be given to the Board within 1 month after the admission to or withdrawal of a member from any limited-liability company so registered.
Sec. 11. NRS 628.390 is hereby amended to read as follows:
628.390 1. After giving notice and conducting a hearing, the Board may revoke, or may suspend for a period of not more than 5 years, any certificate issued under NRS 628.190 to 628.310, inclusive, any practice privileges granted pursuant to NRS 628.315 [or 628.335] or any registration of a partnership, corporation, limited-liability company, sole proprietorship or office, or may revoke, suspend or refuse to renew any permit issued under NRS 628.380, or may publicly censure the holder of any permit, certificate or registration or any natural person or certified public accounting firm granted practice privileges pursuant to NRS 628.315, for any one or any combination of the following causes:
(a) Fraud or deceit in obtaining a certificate as a certified public accountant or in obtaining a permit to practice public accounting under this chapter.
(b) Dishonesty, fraud or gross negligence by a certified public accountant , [or] a natural person or a certified public accounting firm granted practice privileges pursuant to NRS 628.315.
(c) Violation of any of the provisions of this chapter.
(d) Violation of a regulation or rule of professional conduct adopted by the Board under the authority granted by this chapter.
(e) Conviction of a felony relating to the practice of public accounting under the laws of any state or jurisdiction.
(f) Conviction of any crime:
(1) An element of which is dishonesty or fraud; or
(2) Involving moral turpitude,
Κ under the laws of any state or jurisdiction.
(g) Cancellation, revocation, suspension, placing on probation or refusal to renew authority to practice as a certified public accountant by any other state, for any cause . [other than failure to pay an annual registration fee or to comply with requirements for continuing education or review of his or her practice in the other state.]
(h) Suspension, revocation or placing on probation of the right to practice before any state or federal agency.
κ2023 Statutes of Nevada, Page 306 (CHAPTER 61, SB 437)κ
(i) Unless the person has been placed on inactive or retired status, failure to obtain an annual permit under NRS 628.380, within:
(1) Sixty days after the expiration date of the permit to practice last obtained or renewed by the holder of a certificate; or
(2) Sixty days after the date upon which the holder of a certificate was granted the certificate, if no permit was ever issued to the person, unless the failure has been excused by the Board.
(j) Conduct discreditable to the profession of public accounting or which reflects adversely upon the fitness of the person to engage in the practice of public accounting.
(k) Making a false or misleading statement in support of an application for a certificate or permit of another person.
(l) Committing an act in another state or jurisdiction which would be subject to discipline in that state.
2. After giving notice and conducting a hearing, the Board may deny an application to take the examination prescribed by the Board pursuant to NRS 628.190, deny a person admission to such an examination, invalidate a grade received for such an examination or deny an application for a certificate issued pursuant to NRS 628.190 to 628.310, inclusive, to a person who has:
(a) Made any false or fraudulent statement, or any misleading statement or omission relating to a material fact in an application:
(1) To take the examination prescribed by the Board pursuant to NRS 628.190; or
(2) For a certificate issued pursuant to NRS 628.190 to 628.310, inclusive;
(b) Cheated on an examination prescribed by the Board pursuant to NRS 628.190 or any such examination taken in another state or jurisdiction of the United States;
(c) Aided, abetted or conspired with any person in a violation of the provisions of paragraph (a) or (b); or
(d) Committed any combination of the acts set forth in paragraphs (a), (b) and (c).
3. In addition to other penalties prescribed by this section, the Board may impose a civil penalty of not more than $5,000 for each violation of this section.
4. The Board shall not privately censure the holder of any permit or certificate or any natural person or certified public accounting firm granted practice privileges pursuant to NRS 628.315.
5. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.
Sec. 12. NRS 628.430 is hereby amended to read as follows:
628.430 All statements, records, schedules, working papers and memoranda made by a certified public accountant or a natural person or certified public accounting firm granted practice privileges pursuant to NRS 628.315 incident to or in the course of professional service to clients by the accountant, except reports submitted by a certified public accountant or a natural person or certified public accounting firm granted practice privileges pursuant to NRS 628.315 to a client, are the property of the accountant, in the absence of an express agreement between the accountant and the client to the contrary. No such statement, record, schedule, working paper or memorandum may be sold, transferred or bequeathed, without the consent of the client or the clients personal representative or assignee, to anyone other than one or more surviving partners or new partners of the accountant or to his or her corporation.
κ2023 Statutes of Nevada, Page 307 (CHAPTER 61, SB 437)κ
memorandum may be sold, transferred or bequeathed, without the consent of the client or the clients personal representative or assignee, to anyone other than one or more surviving partners or new partners of the accountant or to his or her corporation.
Sec. 13. NRS 628.435 is hereby amended to read as follows:
628.435 1. A practitioner shall comply with all professional standards for accounting and documentation related to an attestation applicable to particular engagements.
2. Except as otherwise provided in this section and in all professional standards for accounting and documentation related to an attestation applicable to particular engagements, a practitioner shall retain all documentation related to an attestation for not less than 5 years after the date of the report containing the attestation.
3. Documentation related to an attestation that, at the end of the retention period set forth in subsections 1 and 2, is a part of or subject to a pending investigation of, or disciplinary action against, a practitioner must be retained and must not be destroyed until the practitioner has been notified in writing that the investigation or disciplinary action has been closed or concluded.
4. As used in this section:
(a) Documentation related to an attestation includes, without limitation:
(1) All documentation relating to consultations and resolutions of any differences of professional opinion regarding the exercise of professional judgment relating to an attestation; and
(2) Documentation of the findings or issues related to the attestation that, based on the judgment of the practitioner after an objective analysis of the facts and circumstances, is determined to be significant, regardless of whether the documentation includes information or data that is inconsistent with the final conclusions of the practitioner.
(b) Practitioner means:
(1) A holder of a certificate issued pursuant to NRS 628.190 to 628.310, inclusive, or a permit issued pursuant to NRS 628.380;
(2) A partnership, corporation, limited-liability company or sole proprietorship registered pursuant to NRS 628.335; or
(3) A natural person or certified public accounting firm granted practice privileges pursuant to NRS 628.315.
Sec. 14. NRS 628.460 is hereby amended to read as follows:
628.460 A partnership, corporation, limited-liability company or sole proprietorship shall not assume or use the title or designation certified public accountant or the abbreviation C.P.A. or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that the partnership, corporation, limited-liability company or sole proprietorship is composed of certified public accountants unless the partnership, corporation, limited-liability company or sole proprietorship is:
1. Registered as a partnership, corporation, limited-liability company or sole proprietorship of certified public accountants and all offices of the partnership, corporation, limited-liability company or sole proprietorship in this State for the practice of public accounting are maintained and registered as required under NRS 628.370; or
κ2023 Statutes of Nevada, Page 308 (CHAPTER 61, SB 437)κ
2. [Performing services within the practice of public accounting] Granted practice privileges pursuant to the provisions of [subsection 3 of] NRS [628.335.] 628.315.
Sec. 15. NRS 628.480 is hereby amended to read as follows:
628.480 A partnership, corporation, limited-liability company or sole proprietorship shall not assume or use the title or designation public accountant or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that the partnership, corporation, limited-liability company or sole proprietorship is composed of public accountants unless the partnership, corporation, limited-liability company or sole proprietorship is:
1. Registered as a partnership, corporation, limited-liability company or sole proprietorship of certified public accountants and all offices of the partnership, corporation, limited-liability company or sole proprietorship in this State for the practice of public accounting are maintained and registered as required under NRS 628.370; or
2. [Performing services within the practice of public accounting] Granted practice privileges pursuant to the provisions of [subsection 3 of] NRS [628.335.] 628.315.
Sec. 16. NRS 628.490 is hereby amended to read as follows:
628.490 1. Except as otherwise provided in subsection 2 and NRS 628.450 to 628.480, inclusive, a person, partnership, corporation, limited-liability company or sole proprietorship shall not assume or use the title or designation certified accountant, or any other title or designation likely to be confused with certified public accountant or public accountant, or any of the abbreviations C.A. or P.A. or similar abbreviations likely to be confused with C.P.A.
2. Anyone who:
(a) Holds a live permit pursuant to NRS 628.380 or is registered as a partnership, corporation, limited-liability company or sole proprietorship pursuant to the provisions of this chapter and all of whose offices in this State for the practice of public accounting are maintained and registered as required under NRS 628.370; or
(b) Has been granted practice privileges pursuant to NRS 628.315 , [; or
(c) Is performing services within the practice of public accounting pursuant to the provisions of subsection 3 of NRS 628.335,]
Κ may hold himself or herself out to the public as an accountant, auditor or certified public accountant.
Sec. 17. NRS 628.510 is hereby amended to read as follows:
628.510 1. Except as otherwise provided in subsection 2, a person shall not sign or affix his or her name or the name of a partnership, corporation, limited-liability company or sole proprietorship, or any trade or assumed name used by the person or by the partnership, corporation, limited-liability company or sole proprietorship in business, with any wording indicating that he or she is an accountant or auditor, or that the partnership, corporation, limited-liability company or sole proprietorship is authorized to practice as an accountant or auditor or with any wording indicating that the person or the partnership, corporation, limited-liability company or sole
κ2023 Statutes of Nevada, Page 309 (CHAPTER 61, SB 437)κ
proprietorship has expert knowledge in accounting or auditing, to any accounting or financial statement, or attest to any accounting or financial statement, unless:
(a) The person holds a live permit or the partnership, corporation, limited-liability company or sole proprietorship is registered pursuant to NRS 628.335 and all of the persons offices in this State for the practice of public accounting are maintained and registered under NRS 628.370; or
(b) The person is a natural person or certified public accounting firm granted practice privileges pursuant to NRS 628.315 . [; or
(c) The partnership, corporation, limited-liability company or sole proprietorship is performing services within the practice of public accounting pursuant to the provisions of subsection 3 of NRS 628.335.]
2. The provisions of subsection 1 do not prohibit:
(a) Any officer, employee, partner, principal or member of any organization from affixing his or her signature to any statement or report in reference to the financial affairs of that organization with any wording designating the position, title or office which he or she holds in the organization.
(b) Any act of a public official or public employee in the performance of his or her duties as such.
(c) Any person who does not hold a live permit from preparing a financial statement or issuing a report if the statement or report, respectively, includes a disclosure that:
(1) The person who prepared the statement or issued the report does not hold a live permit issued by the Board; and
(2) The statement or report does not purport to have been prepared in compliance with the professional standards of accounting adopted by the Board.
Sec. 18. NRS 628.520 is hereby amended to read as follows:
628.520 A person shall not sign or affix the name of a partnership, corporation, limited-liability company or sole proprietorship with any wording indicating that it is a partnership, corporation, limited-liability company or sole proprietorship composed of accountants or auditors or persons having expert knowledge or special expertise in accounting or auditing, to any accounting or financial statement, or attest to any accounting or financial statement, unless the partnership, corporation, limited-liability company or sole proprietorship is:
1. Registered pursuant to NRS 628.335 and all of its offices in this State for the practice of public accounting are maintained and registered as required under NRS 628.370; or
2. [Performing services within the practice of public accounting] Granted practice privileges pursuant to the provisions of [subsection 3 of] NRS [628.335.] 628.315.
Sec. 19. NRS 628.540 is hereby amended to read as follows:
628.540 1. Except as otherwise provided in subsection 2, a person, partnership, corporation, limited-liability company or sole proprietorship shall not engage in the practice of public accounting or hold himself, herself or itself out to the public as an accountant or auditor by use of either or both of those words in connection with any other language which implies that such a person or firm holds a certificate, permit or registration or has special competence as an accountant or auditor on any sign, card, letterhead or in any advertisement or directory unless:
κ2023 Statutes of Nevada, Page 310 (CHAPTER 61, SB 437)κ
that such a person or firm holds a certificate, permit or registration or has special competence as an accountant or auditor on any sign, card, letterhead or in any advertisement or directory unless:
(a) If a natural person, he or she holds a live permit or has been granted practice privileges pursuant to NRS 628.315; or
(b) If a partnership, corporation, limited-liability company or sole proprietorship, it is registered pursuant to NRS 628.335 or [is performing services within the practice of public accounting] has been granted practice privileges pursuant to the provisions of [subsection 3 of] NRS [628.335.] 628.315.
2. The provisions of subsection 1 do not prohibit:
(a) Any officer, employee, partner, shareholder, principal or member of any organization from describing himself or herself by the position, title or office he or she holds in that organization.
(b) Any act of a public official or public employee in the performance of his or her duties as such.
Sec. 20. NRS 628.550 is hereby amended to read as follows:
628.550 1. A person shall not assume or use the title or designation certified public accountant or public accountant in conjunction with names indicating or implying that there is a partnership, corporation or limited-liability company, or in conjunction with the designation and Company or and Co. or a similar designation, if there is in fact no bona fide partnership, corporation or limited-liability company:
(a) Registered under NRS 628.335; or
(b) [Performing services within the practice of public accounting] Granted practice privileges pursuant to the provisions of [subsection 3 of] NRS [628.335.] 628.315.
2. A person, partnership, corporation or limited-liability company shall not engage in the practice of public accounting under any name which is misleading as to:
(a) The legal form of the firm;
(b) The persons who are partners, officers, shareholders or members; or
(c) Any other matter.
Κ The names of past partners, shareholders or members may be included in the name of a firm or its successors.
Sec. 21. NRS 628.017 is hereby repealed.
Sec. 22. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 311κ
Assembly Bill No. 110Committee on Commerce and Labor
CHAPTER 62
[Approved: May 30, 2023]
AN ACT relating to pharmacy; authorizing a manufacturer or wholesaler to dispense a dialysate drug or deliver a device used to perform dialysis at a residence to certain persons and entities; providing a penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits a manufacturer or wholesaler from dispensing dangerous drugs. (NRS 454.215, 639.100) Sections 1-5 of this bill authorize a manufacturer or wholesaler to dispense certain dialysate drugs and deliver devices necessary to administer dialysis at a residence after satisfying certain requirements to a: (1) patient with irreversible renal disease, or his or her designee; (2) provider of health care; or (3) hospital or facility for the treatment of irreversible renal disease. Section 1 requires a prescription provided to a manufacturer or a wholesaler for such purposes to comply with various requirements concerning format, contents and recordkeeping that apply to prescriptions generally. Section 1 authorizes a manufacturer or wholesaler to use a third-party logistics provider to deliver the dialysate drug or device necessary to administer dialysis at home. Section 6 of this bill requires a manufacturer or wholesaler that dispenses dialysate drugs pursuant to section 1 to maintain certain records relating to dangerous drugs in the same manner as a pharmacy, hospital or practitioner that furnishes dangerous drugs and makes a violation of this requirement a misdemeanor. (NRS 454.286)
Section 7 of this bill authorizes a person to possess a dangerous dialysate drug dispensed to him or her by a manufacturer or wholesaler pursuant to section 1.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 4, a manufacturer or wholesaler may dispense a dialysate drug or deliver a device necessary to administer dialysis at a residence under the conditions prescribed by subsection 2 to:
(a) A patient with irreversible renal disease, or a designee of the patient, for the administration of dialysis at the residence of the patient;
(b) A provider of health care; or
(c) A hospital or facility for the treatment of irreversible renal disease.
2. A drug dispensed or a device delivered pursuant to subsection 1 must be:
(a) Approved by the United States Food and Drug Administration;
(b) Prescribed or ordered by a physician, physician assistant or advanced practice registered nurse; and
(c) Dispensed and delivered in the original, unopened packaging used by the manufacturer of the drug or device.
3. The provisions of NRS 454.223, 639.235 to 639.239, inclusive, and 639.2392 to 639.2397, inclusive, apply to a prescription provided to a manufacturer or wholesaler pursuant to this section to the same extent as if the prescription were provided to a pharmacist.
κ2023 Statutes of Nevada, Page 312 (CHAPTER 62, AB 110)κ
manufacturer or wholesaler pursuant to this section to the same extent as if the prescription were provided to a pharmacist.
4. The provisions of this section do not authorize a manufacturer or wholesaler to dispense a dialysate drug that is a:
(a) Controlled substance to any person or entity; or
(b) Dangerous drug that is unsafe for self-administering directly to or unsupervised use directly by a patient or the designee of a patient.
5. A manufacturer or wholesaler may use a third-party logistics provider to deliver a dialysate drug or device necessary to administer dialysis at a residence pursuant to subsection 1.
6. As used in this section:
(a) Dialysate drug means a drug solely composed of fluids, electrolytes and sugars used for dialysis.
(b) Dialysis means the method by which a dissolved substance is removed from the body of a patient by diffusion, osmosis and convection from one fluid compartment to another fluid compartment across a semipermeable membrane.
(c) Facility for the treatment of irreversible renal disease has the meaning ascribed to it in NRS 449.0046.
(d) Provider of health care has the meaning ascribed to it in NRS 629.031.
(e) Third-party logistics provider means a person that transports, warehouses, packages, tracks or manages a drug or device.
Sec. 2. NRS 639.016 is hereby amended to read as follows:
639.016 Wholesaler means a wholesale distributor as defined by 21 C.F.R. § 205.3(g) who supplies or distributes drugs, medicines or chemicals or devices or appliances that are restricted by federal law to sale by or on the order of a physician to a person other than the consumer or patient [.] , except where authorized by section 1 of this act. The term includes a person who derives, produces, prepares or repackages drugs, medicines or chemicals or devices or appliances that are restricted by federal law to sale by or on the order of a physician on sales orders for resale. The term does not include a nonprofit cooperative agricultural organization which supplies or distributes veterinary drugs and medicines only to its own members.
Sec. 3. NRS 639.595 is hereby amended to read as follows:
639.595 1. A wholesaler may sell a prescription drug only if the sale is a bona fide transaction.
2. A wholesaler may purchase a prescription drug only from:
(a) A manufacturer;
(b) A pharmacy or practitioner if that pharmacy or practitioner maintains a valid license in the State in which the pharmacy or practitioner is domiciled; or
(c) Another wholesaler if:
(1) The wholesaler who sells the drug is licensed by the Board; and
(2) The sale is a bona fide transaction.
3. A wholesaler may receive a prescription drug from a pharmacy or practitioner only if the wholesaler does not pay the pharmacy or practitioner an amount, either in cash or credit, that is more than the price for which the wholesaler sells such prescription drugs to other pharmacies or practitioners at the time of return and:
(a) The prescription drug was originally shipped to the pharmacy or practitioner by the wholesaler; or
(b) The prescription drug could not be returned by the pharmacy or practitioner to the original wholesaler.
κ2023 Statutes of Nevada, Page 313 (CHAPTER 62, AB 110)κ
Κ If a wholesaler receives a prescription drug pursuant to this subsection and the wholesaler subsequently sells the prescription drug to another wholesaler, the prescription drug must be accompanied by a statement of prior sales as defined in NRS 639.535.
4. The Board shall not limit the quantity of prescription drugs a wholesaler may purchase, sell, distribute or otherwise provide to another wholesaler, distributor or manufacturer.
5. For the purposes of this section:
(a) A purchase shall be deemed a bona fide transaction if:
(1) The wholesaler purchased the drug:
(I) Directly from the manufacturer of the drug; or
(II) With a reasonable belief that the drug was originally purchased directly from the manufacturer of the drug;
(2) The circumstances of the purchase reasonably indicate that the drug was not purchased from a source prohibited by law;
(3) Unless the drug is purchased by the wholesaler from the manufacturer, before the wholesaler sells the drug to another wholesaler, the wholesaler who sells the drug conducts a reasonable visual examination of the drug to ensure that the drug is not:
(I) Counterfeit;
(II) Deemed to be adulterated or misbranded in accordance with the provisions of chapter 585 of NRS;
(III) Mislabeled;
(IV) Damaged or compromised by improper handling, storage or temperature control;
(V) From a foreign or unlawful source; or
(VI) Manufactured, packaged, labeled or shipped in violation of any state or federal law relating to prescription drugs;
(4) The drug is shipped directly from the wholesaler who sells the drug to the wholesaler who purchases the drug; and
(5) The documents of the shipping company concerning the shipping of the drug are attached to the invoice for the drug and are maintained in the records of the wholesaler.
(b) A sale shall be deemed a bona fide transaction if the wholesaler sells the prescription drug only to:
(1) A pharmacy or practitioner if that pharmacy or practitioner maintains a valid license in the state in which the pharmacy or practitioner is domiciled.
(2) Another wholesaler who maintains a valid license in the state in which he or she is domiciled if the wholesaler who sells the prescription drug has complied with NRS 639.575, 639.580 and 639.585.
(3) A patient with irreversible renal disease, the designee of such a patient, a provider of health care, a hospital or a facility for the treatment of irreversible renal disease, if the drug is a dialysate drug dispensed pursuant to section 1 of this act.
(c) The purchase or sale of a prescription drug includes, without limitation, the distribution, transfer, trading, bartering or any other provision of a prescription drug to another person by a wholesaler. A transfer of a prescription drug from a wholesale facility of a wholesaler to another wholesale facility of the wholesaler shall not be deemed a purchase or sale of a prescription drug pursuant to this section if the wholesaler is a corporation whose securities are publicly traded and regulated by the Securities Exchange Act of 1934.
κ2023 Statutes of Nevada, Page 314 (CHAPTER 62, AB 110)κ
Sec. 4. NRS 454.0098 is hereby amended to read as follows:
454.0098 Wholesaler means a wholesale distributor as defined by 21 C.F.R. § 205.3(g) who supplies dangerous drugs or chemicals or devices or appliances that are restricted by federal law to sale by or on the order of a physician to a person other than the consumer or patient [.] , except where authorized by section 1 of this act. The term does not include:
1. A person who derives, produces or prepares medicines, chemicals or devices on sales orders for resale.
2. A nonprofit cooperative agricultural organization which supplies or distributes veterinary drugs and medicines only to its own members.
Sec. 5. NRS 454.215 is hereby amended to read as follows:
454.215 A dangerous drug may be dispensed by:
1. A registered pharmacist upon the legal prescription from a practitioner or to a pharmacy in a correctional institution upon the written order of the prescribing practitioner in charge;
2. A pharmacy in a correctional institution, in case of emergency, upon a written order signed by the chief medical officer;
3. A practitioner, or a physician assistant licensed pursuant to chapter 630 or 633 of NRS if authorized by the Board;
4. A registered nurse, when the nurse is engaged in the performance of any public health program approved by the Board;
5. A medical intern in the course of his or her internship;
6. An advanced practice registered nurse who holds a certificate from the State Board of Pharmacy permitting him or her to dispense dangerous drugs;
7. A registered nurse employed at an institution of the Department of Corrections to an offender in that institution;
8. A registered pharmacist from an institutional pharmacy pursuant to regulations adopted by the Board; [or]
9. A manufacturer or wholesaler dispensing a dialysate drug pursuant to section 1 of this act; or
10. A registered nurse to a patient at a rural clinic that is designated as such pursuant to NRS 433.233 and that is operated by the Division of Public and Behavioral Health of the Department of Health and Human Services if the nurse is providing mental health services at the rural clinic,
Κ except that no person may dispense a dangerous drug in violation of a regulation adopted by the Board.
Sec. 6. NRS 454.286 is hereby amended to read as follows:
454.286 1. Every retail pharmacy, hospital or any practitioner who engages in the practice of dispensing or furnishing drugs to patients and every manufacturer or wholesaler that dispenses dialysate drugs to patients pursuant to section 1 of this act shall maintain a complete and accurate record of all dangerous drugs purchased and those sold on prescription, dispensed, furnished or disposed of otherwise.
2. The records must be retained for a period of 2 years and must be open to inspection by members, inspectors or investigators of the Board or inspectors of the Food and Drug Administration.
3. Invoices showing all purchases of dangerous drugs constitute a complete record of all dangerous drugs received.
4. For the purpose of this section, the prescription files of a pharmacy constitute a record of the disposition of all dangerous drugs.
5. A person who violates any provision of this section is guilty of a misdemeanor.
κ2023 Statutes of Nevada, Page 315 (CHAPTER 62, AB 110)κ
Sec. 7. NRS 454.316 is hereby amended to read as follows:
454.316 1. Except as otherwise provided in this section, a person who possesses a dangerous drug, except that furnished to the person by a pharmacist pursuant to a legal prescription , by a manufacturer or wholesaler pursuant to section 1 of this act or by a practitioner, is guilty of a gross misdemeanor. A person who has been twice previously convicted of any offense:
(a) Described in this section; or
(b) Pursuant to any other law of the United States or this or any other state or district which if committed in this State would have been punishable as an offense under this section,
Κ is guilty of a category E felony and shall be punished as provided in NRS 193.130.
2. A prescription is not required for possession of a dangerous drug by a person authorized by NRS 454.213, any other person or class of persons approved by the Board pursuant to regulation, jobbers, wholesalers, manufacturers or laboratories authorized by laws of this State to handle, possess and deal in dangerous drugs if the drugs are in stock containers properly labeled and have been procured from a manufacturer, wholesaler or pharmacy, or by a rancher who possesses a dangerous drug in a reasonable amount for use solely in the treatment of livestock on his or her own premises.
________
Assembly Bill No. 116Assemblymen Brown-May; Gonzαlez, Gorelow, Gray, Newby, Nguyen, Orentlicher, Peters, Taylor and Thomas
CHAPTER 63
[Approved: May 30, 2023]
AN ACT relating to health care; requiring certain providers of health care or other services and midwives to provide current, evidence-based information concerning Down syndrome to a person under certain circumstances; requiring certain providers of health care or other services and midwives to make certain referrals; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the testing of newborn children and persons who are pregnant to detect certain disorders and conditions. (NRS 442.010-442.020, 442.500-442.700) Existing law provides for the dissemination of information concerning certain conditions affecting a person who is pregnant and newborn children. (NRS 442.340, 442.385, 442.390, 442.590, 442.660) This bill requires a provider of health care or other services or midwife who provides prenatal care or pediatric care to provide certain information concerning Down syndrome and support services in the community for persons with Down syndrome to: (1) a person who is pregnant and has received a positive test result from a prenatal test for Down syndrome if the person requests such information; or (2) the parent or guardian of a child with Down syndrome. This bill also requires such a provider or midwife to refer such a person to appropriate support services in the community when necessary. This bill requires the Department of Health and Human Services to post on an Internet website maintained by the Department a list of such support services available in different areas of this State.
κ2023 Statutes of Nevada, Page 316 (CHAPTER 63, AB 116)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 442 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Upon receipt of a positive test result from a prenatal test for Down syndrome performed on a person who is pregnant, a provider of health care or other services or a midwife who provides prenatal care or pediatric care shall ask the person who is pregnant if the person wishes to receive information concerning Down syndrome pursuant to subsection 2.
2. Upon receipt of a positive test result from a postnatal test for Down syndrome performed on a child or if a person chooses to receive information concerning Down syndrome pursuant to subsection 1, a provider of health care or other services or a midwife who provides prenatal care or pediatric care shall provide the person who is pregnant or the parent or guardian of the child, as applicable, with:
(a) Written information concerning Down syndrome that is current and based on peer-reviewed medical literature and research. Such information must include, without limitation:
(1) The current life expectancy for people with Down syndrome;
(2) The standard intellectual and functional development of a person with Down syndrome; and
(3) The clinical course and treatment options for a person with Down syndrome.
(b) Any necessary referral to support services in the community for people with Down syndrome and parents or guardians of such persons, including, without limitation, early intervention, resource centers, hotlines and other education and support programs.
3. The Department shall post on an Internet website maintained by the Department a list of support services available in the community for people with Down syndrome and parents or guardians of such persons in different areas of this State.
4. The State Board of Health may adopt any regulations necessary to carry out the provisions of this section.
________
κ2023 Statutes of Nevada, Page 317κ
Assembly Bill No. 53Committee on Revenue
CHAPTER 64
[Approved: May 30, 2023]
AN ACT relating to tobacco products; revising penalties for sales of certain tobacco products to persons under 21 years of age; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the licensing of persons engaged in the manufacture, distribution and sale of cigarettes and other tobacco products, including manufacturers, wholesale dealers of cigarettes, wholesale dealers of other tobacco products, tobacco retail dealers, logistics companies and persons who operate a warehouse or distribution center. (NRS 370.531-370.597) Existing law prohibits a person from selling, distributing or offering to sell cigarettes, cigarette paper, any product containing, made or derived from tobacco, any vapor product, any alternative nicotine product or any product containing, made or derived from nicotine to a person under the age of 21 years. (NRS 370.521) Existing law establishes certain penalties which a licensee is liable for if an employee or agent of the licensee violates this prohibition, including a warning for a first or second violation within a 24-month period at the same premises and certain civil penalties for subsequent violations within a 24-month period at the same premises. (NRS 370.521)
This bill provides that, for violations which occur within a 24-month period at the same premises, a licensee is liable for a civil penalty of: (1) $2,500 for a first violation; (2) $5,000 for a second violation; (3) $7,500 for a third violation; and (4) $10,000 for a fourth and any subsequent violation.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 370.521 is hereby amended to read as follows:
370.521 1. Except as otherwise provided in subsections 2, 4 and 5, a person shall not sell, distribute or offer to sell cigarettes, cigarette paper, any product containing, made or derived from tobacco, any vapor product, any alternative nicotine product or any product containing, made or derived from nicotine to any person under the age of 21 years.
2. A person shall be deemed to be in compliance with the provisions of subsection 1 if, before the person sells, distributes or offers to sell to another any item described in subsection 1, the person:
(a) Demands that the other person present a valid drivers license, permanent resident card, tribal identification card or other written or documentary evidence which shows that the other person is 21 years of age or older;
(b) Is presented a valid drivers license, permanent resident card, tribal identification card or other written or documentary evidence which shows that the other person is 21 years of age or older; and
(c) Reasonably relies upon the drivers license, permanent resident card, tribal identification card or other written or documentary evidence presented by the other person.
3. A person shall not sell, distribute or offer to sell cigarettes, cigarette paper or other tobacco products to any person under 40 years of age without first performing age verification through enhanced controls that utilize a scanning technology or other automated, software-based system to verify that the person is 21 years of age or older.
κ2023 Statutes of Nevada, Page 318 (CHAPTER 64, AB 53)κ
first performing age verification through enhanced controls that utilize a scanning technology or other automated, software-based system to verify that the person is 21 years of age or older. A person who violates this subsection is liable for a civil penalty of $100 for each offense.
4. The employer of a person who is under 21 years of age may, for the purpose of allowing the person to handle or transport any item described in subsection 1 in the course of the persons lawful employment, provide an item described in subsection 1 to the person under 21 years of age.
5. The provisions of this section do not apply to any product regulated by the United States Food and Drug Administration under Subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 351 et seq.
6. A person who violates subsection 1 is liable for a civil penalty of:
(a) For the first violation within a 24-month period, $100.
(b) For the second violation within a 24-month period, $250.
(c) For the third and any subsequent violation within a 24-month period, $500.
7. If an employee or agent of a licensee has violated subsection 1:
(a) For the first [and second] violation , within a 24-month period at the same premises, the licensee [must be issued a warning.
(b) For the third violation within a 24-month period at the same premises, the licensee] is liable for a civil penalty of [$500.
(c)] $2,500.
(b) For the [fourth] second violation within a 24-month period at the same premises, the licensee is liable for a civil penalty of [$1,250.
(d)] $5,000.
(c) For the [fifth and any subsequent] third violation within a 24-month period at the same premises, the licensee is liable for a civil penalty of [$2,500.] $7,500.
(d) For the fourth and any subsequent violation within a 24-month period at the same premises, the licensee is liable for a civil penalty of $10,000.
8. A peace officer or any person performing an inspection pursuant to NRS 202.2496 may issue a notice of infraction for a violation of this section. A notice of infraction must be issued on a form prescribed by the Department and must contain:
(a) The location at which the violation occurred;
(b) The date and time of the violation;
(c) The name of the establishment at which the violation occurred;
(d) The signature of the person who issued the notice of infraction;
(e) A copy of the section which allegedly is being violated;
(f) Information advising the person to whom the notice of infraction is issued of the manner in which, and the time within which, the person must submit an answer to the notice of infraction; and
(g) Such other pertinent information as the peace officer or person performing the inspection pursuant to NRS 202.2496 determines is necessary.
9. A notice of infraction issued pursuant to subsection 8 or a facsimile thereof must be filed with the Department and retained by the Department and is deemed to be a public record of matters which are observed pursuant to a duty imposed by law and is prima facie evidence of the facts alleged in the notice.
10. A person to whom a notice of infraction is issued pursuant to subsection 8 shall respond to the notice by:
κ2023 Statutes of Nevada, Page 319 (CHAPTER 64, AB 53)κ
(a) Admitting the violation stated in the notice and paying to the State of Nevada the applicable civil penalty set forth in subsection 3, 6 or 7.
(b) Denying liability for the infraction by notifying the Department and requesting a hearing in the manner indicated on the notice of infraction. Upon receipt of a request for a hearing pursuant to this paragraph, the Department shall provide the person submitting the request an opportunity for a hearing pursuant to chapter 233B of NRS.
11. Any money collected by the State of Nevada from a civil penalty pursuant to this section must be deposited in a separate account in the State General Fund to be used for the enforcement of this section and NRS 202.2493 and 202.2494.
12. As used in this section, licensee means a person who holds a license issued by the Department pursuant to this chapter.
Sec. 2. This act becomes effective on January 1, 2024.
________
Assembly Bill No. 100Assemblywoman Brown-May
CHAPTER 65
[Approved: May 30, 2023]
AN ACT relating to caregivers; requiring the Department of Health and Human Services to develop and implement a pilot program to administer certain assessments to family caregivers and report the results of the pilot program to certain entities; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes various programs to provide services to aging persons and persons with disabilities. (Chapter 427A of NRS) This bill requires the Department of Health and Human Services, during the 2023-2024 interim, to: (1) develop evidence-based and culturally sensitive assessments to be administered to family caregivers for persons with disabilities or health conditions; and (2) implement a pilot program to administer those assessments to family caregivers. This bill requires those assessments to measure certain factors related to the capabilities, needs and quality of life of such family caregivers. This bill requires the Department to: (1) annually report on the progress and results of the pilot program to the Legislature and certain entities that provide or oversee services for persons with disabilities in this State; and (2) publish the report on an Internet website maintained by the Department.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Department of Health and Human Services shall, during the 2023-2024 interim:
(a) Develop evidence-based and culturally sensitive assessments to be administered to family caregivers by the Department. Such assessments must:
(1) Determine the willingness and ability of a family caregiver to provide long-term services and supports to a person with a disability or health condition and the needs of such family caregivers;
κ2023 Statutes of Nevada, Page 320 (CHAPTER 65, AB 100)κ
(2) Measure the extent, quality, value and effect of social determinants of health, specific risk factors related to stress and depression and environmental and cultural barriers on family caregivers;
(3) Measure the efficacy of referrals linking family caregivers to local community resources;
(4) Assess the capacity of each family caregiver to provide all necessary care, including, without limitation, any activities of daily living and instrumental activities of daily living; and
(5) Identify the knowledge and needs of family caregivers, social supports for family caregivers, the willingness of family caregivers to undertake caregiving tasks and the ability of family caregivers to provide care.
(b) Establish a process for gathering data collected through the assessments developed pursuant to paragraph (a).
(c) Develop and implement a pilot program to administer the assessments developed pursuant to paragraph (a) and collect data from the assessments using the process established pursuant to paragraph (b), emphasizing the collection of data necessary to:
(1) Identify unmet demand for community resources to assist caregivers; and
(2) Develop resources to meet that demand.
(d) Recruit persons and entities who directly or indirectly receive money from the Department or any Division thereof to provide services for older persons or persons with disabilities or health care services to voluntarily participate in the pilot program developed pursuant to paragraph (c).
2. On or before June 30, 2024, and June 30, 2025, the Department of Health and Human Services shall:
(a) Compile a report concerning the progress and results of the activities conducted pursuant to subsection 1. The report must include, without limitation, data concerning the factors assessed pursuant to subparagraphs (1) to (5), inclusive, of paragraph (a) of subsection 1.
(b) Publish the report on an Internet website maintained by the Department.
(c) Submit the report to:
(1) The Nevada Lifespan Respite Care Coalition;
(2) The Nevada Commission on Aging created by NRS 427A.032;
(3) The statewide independent living council established in this State pursuant to 29 U.S.C. § 796d;
(4) The Nevada Commission on Services for Persons with Disabilities created by NRS 427A.1211; and
(5) The Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Health and Human Services and the Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs.
3. As used in this section, family caregiver means a member of the family of a person with a disability or a health condition who provides regular care for that person on a full-time or part-time basis.
Sec. 2. (Deleted by amendment.)
Sec. 3. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 321κ
Assembly Bill No. 122Assemblymen Yeager and Hafen
CHAPTER 66
[Approved: May 30, 2023]
AN ACT relating to tobacco; providing an exception to the age verification requirements governing the sale, distribution or offering for sale of tobacco products for a face-to-face transaction that occurs within certain areas of a casino; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits a person from selling, distributing or offering to sell cigarettes, cigarette paper or other tobacco products to any person under 40 years of age without first performing age verification. (NRS 370.521) This bill provides an exception to that requirement, allowing the sale, distribution or offering of tobacco products without age verification in a face-to-face transaction that occurs within an area of a casino where persons under the age of 21 years are already prohibited from loitering. This bill becomes effective upon its passage by the Legislature and approval by the Governor.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 370.521 is hereby amended to read as follows:
370.521 1. Except as otherwise provided in subsections 2, 4 and 5, a person shall not sell, distribute or offer to sell cigarettes, cigarette paper, any product containing, made or derived from tobacco, any vapor product, any alternative nicotine product or any product containing, made or derived from nicotine to any person under the age of 21 years.
2. A person shall be deemed to be in compliance with the provisions of subsection 1 if, before the person sells, distributes or offers to sell to another any item described in subsection 1, the person:
(a) Demands that the other person present a valid drivers license, permanent resident card, tribal identification card or other written or documentary evidence which shows that the other person is 21 years of age or older;
(b) Is presented a valid drivers license, permanent resident card, tribal identification card or other written or documentary evidence which shows that the other person is 21 years of age or older; and
(c) Reasonably relies upon the drivers license, permanent resident card, tribal identification card or other written or documentary evidence presented by the other person.
3. [A] Except as otherwise provided in this subsection, a person shall not sell, distribute or offer to sell cigarettes, cigarette paper or other tobacco products to any person under 40 years of age without first performing age verification through enhanced controls that utilize a scanning technology or other automated, software-based system to verify that the person is 21 years of age or older. A person who violates this subsection is liable for a civil penalty of $100 for each offense. The provisions of this subsection do not apply to a person selling, distributing or offering to sell cigarettes, cigarette paper or other tobacco products in a face-to-face transaction that occurs in an area within a casino where loitering by persons who are under 21 years of age is already prohibited pursuant to NRS 463.350.
κ2023 Statutes of Nevada, Page 322 (CHAPTER 66, AB 122)κ
paper or other tobacco products in a face-to-face transaction that occurs in an area within a casino where loitering by persons who are under 21 years of age is already prohibited pursuant to NRS 463.350. As used in this subsection, casino means an establishment which holds a nonrestricted license as defined in NRS 463.0177 and which is operating 16 or more slot machines together with any other game, race book or sports pool.
4. The employer of a person who is under 21 years of age may, for the purpose of allowing the person to handle or transport any item described in subsection 1 in the course of the persons lawful employment, provide an item described in subsection 1 to the person under 21 years of age.
5. The provisions of this section do not apply to any product regulated by the United States Food and Drug Administration under Subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 351 et seq.
6. A person who violates subsection 1 is liable for a civil penalty of:
(a) For the first violation within a 24-month period, $100.
(b) For the second violation within a 24-month period, $250.
(c) For the third and any subsequent violation within a 24-month period, $500.
7. If an employee or agent of a licensee has violated subsection 1:
(a) For the first and second violation within a 24-month period at the same premises, the licensee must be issued a warning.
(b) For the third violation within a 24-month period at the same premises, the licensee is liable for a civil penalty of $500.
(c) For the fourth violation within a 24-month period at the same premises, the licensee is liable for a civil penalty of $1,250.
(d) For the fifth and any subsequent violation within a 24-month period at the same premises, the licensee is liable for a civil penalty of $2,500.
8. A peace officer or any person performing an inspection pursuant to NRS 202.2496 may issue a notice of infraction for a violation of this section. A notice of infraction must be issued on a form prescribed by the Department and must contain:
(a) The location at which the violation occurred;
(b) The date and time of the violation;
(c) The name of the establishment at which the violation occurred;
(d) The signature of the person who issued the notice of infraction;
(e) A copy of the section which allegedly is being violated;
(f) Information advising the person to whom the notice of infraction is issued of the manner in which, and the time within which, the person must submit an answer to the notice of infraction; and
(g) Such other pertinent information as the peace officer or person performing the inspection pursuant to NRS 202.2496 determines is necessary.
9. A notice of infraction issued pursuant to subsection 8 or a facsimile thereof must be filed with the Department and retained by the Department and is deemed to be a public record of matters which are observed pursuant to a duty imposed by law and is prima facie evidence of the facts alleged in the notice.
10. A person to whom a notice of infraction is issued pursuant to subsection 8 shall respond to the notice by:
(a) Admitting the violation stated in the notice and paying to the State of Nevada the applicable civil penalty set forth in subsection 3, 6 or 7.
(b) Denying liability for the infraction by notifying the Department and requesting a hearing in the manner indicated on the notice of infraction.
κ2023 Statutes of Nevada, Page 323 (CHAPTER 66, AB 122)κ
Upon receipt of a request for a hearing pursuant to this paragraph, the Department shall provide the person submitting the request an opportunity for a hearing pursuant to chapter 233B of NRS.
11. Any money collected by the State of Nevada from a civil penalty pursuant to this section must be deposited in a separate account in the State General Fund to be used for the enforcement of this section and NRS 202.2493 and 202.2494.
12. As used in this section, licensee means a person who holds a license issued by the Department pursuant to this chapter.
Sec. 2. This act becomes effective upon passage and approval.
________
Senate Bill No. 286Senators Dondero Loop, Spearman, Donate, Hansen, Stone; Buck, Cannizzaro, Daly, Flores, Goicoechea, Hammond, D. Harris, Krasner, Lange, Neal, Nguyen, Ohrenschall, Pazina, Scheible, Seevers Gansert and Titus
Joint Sponsors: Assemblymen Jauregui, Monroe-Moreno, Peters and Yeager
CHAPTER 67
[Approved: May 30, 2023]
AN ACT relating to health care; requiring the Division of Public and Behavioral Health of the Department of Health and Human Services to include certain information relating to multiple sclerosis on an Internet website; requiring the Governor to annually proclaim the third week in March as Multiple Sclerosis Awareness Week; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires, within the limits of available money, the Division of Public and Behavioral Health of the Department of Health and Human services to establish: (1) the State Program for Wellness and the Prevention of Chronic Disease to increase public knowledge and raise public awareness relating to wellness and chronic diseases; and (2) the Advisory Council on the State Program for Wellness and the Prevention of Chronic Disease to advise and make recommendations to the Division concerning the Program. (NRS 439.517, 439.518) The Division is required, within the limits of available money and with the advice and recommendations of the Advisory Council, to carry out certain duties related to the Program, including maintaining a website to provide information and resources on nutrition, physical fitness, health, wellness and the prevention of chronic diseases. (NRS 439.521) Section 1 of this bill requires the Division to also provide on such a website information relating to multiple sclerosis, including, without limitation, information relating to resources that are available to residents of this State who have multiple sclerosis.
Existing law sets forth various days, weeks or months of observance in this State. (NRS 236.018-236.095) Section 2 of this bill requires the Governor to annually proclaim the third week of March as Multiple Sclerosis Awareness Week in this State to bring to the attention of the residents of this State factual information and educational programs and materials regarding the signs, symptoms, diagnosis and treatment of multiple sclerosis.
κ2023 Statutes of Nevada, Page 324 (CHAPTER 67, SB 286)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 439.521 is hereby amended to read as follows:
439.521 1. To carry out the provisions of NRS 439.514 to 439.525, inclusive, the Division shall, within the limits of available money, and with the advice and recommendations of the Advisory Council:
(a) Periodically prepare burden reports concerning health problems and diseases, including, without limitation, a lack of physical fitness, poor nutrition, tobacco use and exposure to tobacco smoke, chronic diseases, including, without limitation, obesity and diabetes, and other diseases, as determined by the Division, using the most recent information obtained through surveillance, epidemiology and research. As used in this paragraph, burden report means a calculation of the impact of a particular health problem or chronic disease on this State, as measured by financial cost, mortality, morbidity or other indicators specified by the Division.
(b) Prepare an annual report on obesity pursuant to paragraph (a) which must:
(1) Include, without limitation:
(I) Current obesity rates in this State;
(II) Information regarding obesity with regard to specific demographics;
(III) Actions taken by the Division regarding obesity; and
(IV) The States goals and achievements regarding obesity rates.
(2) On or before March 15 of each year, be submitted to the Director of the Legislative Counsel Bureau for transmittal to:
(I) The Joint Interim Standing Committee on Health and Human Services during even-numbered years; and
(II) The Legislature during odd-numbered years.
(c) Identify, review and encourage, in coordination with the Department of Education, the Nevada System of Higher Education and other appropriate state agencies, existing evidence-based programs related to nutrition, physical fitness and tobacco prevention and cessation, including, without limitation, programs of state and local governments, educational institutions, businesses and the general public.
(d) Develop, promote and coordinate recommendations for model and evidence-based programs that contribute to reductions in the incidence of chronic disease in this State. The programs should encourage:
(1) Proper nutrition, physical fitness and health among the residents of this State, including, without limitation, parents and children, senior citizens, high-risk populations and persons with special needs; and
(2) Work-site wellness policies that include, without limitation, tobacco-free and breast feeding-friendly environments, healthy food and beverage choices and physical activity opportunities in schools, businesses and public buildings.
κ2023 Statutes of Nevada, Page 325 (CHAPTER 67, SB 286)κ
(e) Assist on projects within this State as requested by, and in coordination with, the Presidents Council on Fitness, Sports and Nutrition.
(f) Identify and review methods for reducing health care costs associated with tobacco use and exposure to tobacco smoke, chronic diseases, including, without limitation, obesity and diabetes, and other diseases, as determined by the Division.
(g) Maintain a website to provide information and resources on nutrition, physical fitness, health, wellness and the prevention of chronic diseases, including, without limitation, obesity and diabetes. Such a website must also provide information relating to multiple sclerosis, including, without limitation, information relating to resources that are available to residents of this State who have multiple sclerosis.
(h) Solicit information from and, to the extent feasible, coordinate its efforts with:
(1) Other governmental agencies;
(2) National health organizations and their local and state chapters;
(3) Community and business leaders;
(4) Community organizations;
(5) Providers of health care;
(6) Private schools; and
(7) Other persons who provide services relating to tobacco use and exposure, physical fitness and wellness and the prevention of chronic diseases, including, without limitation, obesity and diabetes, and other diseases.
(i) Establish, maintain and enhance statewide chronic disease surveillance systems.
(j) Translate surveillance, evaluation and research information into press releases, briefs, community education and advocacy materials and other publications that highlight chronic diseases and the key risk factors of those diseases.
(k) Identify, assist and encourage the growth of, through funding, training, resources and other support, the communitys capacity to assist persons who have a chronic disease.
(l) Encourage relevant community organizations to effectively recruit key population groups to receive clinical preventative services, including, without limitation:
(1) Screening and early detection of breast, cervical and colorectal cancer, diabetes, high blood pressure and obesity;
(2) Oral screenings; and
(3) Tobacco cessation counseling.
(m) Promote positive policy, system and environmental changes within communities and the health care system based on, without limitation, the Chronic Care Model developed by the MacColl Center for Health Care Innovation and the Patient-Centered Medical Home Recognition Program of the National Committee for Quality Assurance.
(n) Review and revise the Program as needed.
κ2023 Statutes of Nevada, Page 326 (CHAPTER 67, SB 286)κ
2. As used in this section:
(a) Chronic disease means a health condition or disease which presents for a period of 3 months or more or is persistent, indefinite or incurable.
(b) Obesity means a chronic disease characterized by an abnormal and unhealthy accumulation of body fat which is statistically correlated with premature mortality, hypertension, heart disease, diabetes, cancer and other health conditions, and may be indicated by:
(1) A body mass index of 30 or higher in adults;
(2) A body mass index that is greater than two standard deviations above the World Health Organizations growth standard for children who are at least 5 but less than 19 years of age, or greater than three standard deviations above the standard for children who are less than 5 years of age;
(3) A body fat percentage greater than 25 percent for men or 32 percent for women; or
(4) A waist size of 40 inches or more for men or 35 inches or more for women.
Sec. 2. Chapter 236 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Governor shall annually proclaim the third week in March to be Multiple Sclerosis Awareness Week.
2. The proclamation must call upon news media, educators, health care providers and appropriate governmental officers to bring to the attention of the residents of this State factual information and educational programs and materials regarding the signs, symptoms, diagnosis and treatment of multiple sclerosis.
Sec. 3. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 327κ
Assembly Bill No. 13Committee on Government Affairs
CHAPTER 68
[Approved: May 30, 2023]
AN ACT relating to governmental administration; revising provisions governing the protections against reprisal or retaliatory action provided for a state officer or employee who discloses certain governmental action; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law encourages state officers and employees to disclose improper action and protects the rights of a state officer or employee who makes such a disclosure, commonly known as a whistleblower. (NRS 281.611, 281.621, 281.631, 281.641, 281.651, 281.661, 281.671) Existing law further: (1) requires a state officer or employee to use his or her official authority or influence to remedy any reprisal or retaliatory action of which the officer or employee becomes aware; and (2) prohibits a state officer or employee from using or attempting to use his or her official authority or influence to intimidate, threaten, coerce, command or influence another state officer or employee in an effort to interfere with or prevent the disclosure of information concerning improper governmental action. (NRS 281.631) If any violation of these requirements or prohibitions occur or any alleged reprisal or retaliatory action is taken against a state officer or employee who discloses information concerning improper action within 2 years after the information is disclosed, existing law authorizes the state officer or employee to file a written appeal with a hearing officer of the Personnel Commission of the Division of Human Resource Management of the Department of Administration. (NRS 281.641) This bill requires that any such written appeal be filed not later than 60 working days after the date on which the alleged violation or reprisal or retaliatory action occurred.
Existing law authorizes a hearing officer who hears an appeal relating to alleged reprisal or retaliatory action against a state officer or employee for disclosing improper governmental action, upon determining that certain violations occurred or an action taken was a reprisal or retaliatory action to: (1) issue an order directing the proper person to desist and refrain from engaging in such a violation or action; or (2) terminate the employment of the proper person. (NRS 281.641) This bill eliminates the authority of a hearing officer to order the termination of employment of the proper person.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 281.641 is hereby amended to read as follows:
281.641 1. If any alleged violation of NRS 281.631 occurs or any alleged reprisal or retaliatory action is taken against a state officer or employee who discloses information concerning improper governmental action within 2 years after the information is disclosed, the state officer or employee may file a written appeal , not later than 60 working days after the date on which the alleged violation or reprisal or retaliatory action occurred, with a hearing officer of the Personnel Commission for a determination of whether a violation of NRS 281.631 occurred or the action taken was a reprisal or retaliatory action, as applicable.
κ2023 Statutes of Nevada, Page 328 (CHAPTER 68, AB 13)κ
determination of whether a violation of NRS 281.631 occurred or the action taken was a reprisal or retaliatory action, as applicable. The written appeal must be accompanied by a statement that sets forth with particularity, as applicable:
(a) The facts and circumstances relating to the alleged violation of NRS 281.631; or
(b) The facts and circumstances under which the disclosure of improper governmental action was made and the reprisal or retaliatory action that is alleged to have been taken against the state officer or employee.
Κ The hearing must be conducted in accordance with the procedures set forth in NRS 284.390 to 284.405, inclusive, and the procedures adopted by the Personnel Commission pursuant to subsection 5.
2. If the hearing officer determines that a violation of NRS 281.631 occurred or the action taken was a reprisal or retaliatory action, the hearing officer may issue an order directing [:
(a) The] the proper person to desist and refrain from engaging in such a violation or action . [; or
(b) The termination of the employment of the proper person.]
3. The hearing officer shall file a copy of the decision with the Governor or any other elected state officer who is responsible for the actions of that person.
4. The hearing officer may not rule against the state officer or employee based on the person or persons to whom the improper governmental action was disclosed.
5. The Personnel Commission may adopt rules of procedure for conducting a hearing pursuant to this section that are not inconsistent with the procedures set forth in NRS 284.390 to 284.405, inclusive.
6. As used in this section, Personnel Commission means the Personnel Commission created by NRS 284.030.
Sec. 2. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 329κ
Assembly Bill No. 20Committee on Natural Resources
CHAPTER 69
[Approved: May 30, 2023]
AN ACT relating to water; making various changes to provisions relating to the Account to Finance the Construction of Treatment Works and the Implementation of Pollution Control Projects; making various changes to provisions relating to the Account for the Revolving Fund and the Account for Set-Aside Programs; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under federal law, the Clean Water State Revolving Fund is established to assist states by providing financial assistance for various water infrastructure projects and projects for the control of water pollution. (33 U.S.C. §§ 1381 et seq.) Existing state law establishes the Account to Finance the Construction of Treatment Works and the Implementation of Pollution Control Projects to receive and distribute money from the Clean Water State Revolving Fund. (NRS 445A.120) Sections 1-14 of this bill make various changes to provisions relating to the Account.
Existing law provides that a municipality or an interstate agency is eligible to receive assistance from the Account. (NRS 445A.140) Section 4 of this bill defines eligible recipient to mean a legal entity that is eligible to receive assistance from the Account under federal law, including a municipality or an interstate agency. Sections 5, 7, 8, 11, 13 and 14 of this bill make conforming changes to expand the entities eligible to receive assistance from the account to any eligible recipient. Section 9 of this bill requires the regulations adopted by the State Environmental Commission to set forth the eligible entities in accordance with federal law.
Existing law: (1) charges the State Department of Conservation and Natural Resources with administering the Account; and (2) authorizes the Director of the Department to take certain actions to impose and collect fees, employ expert services and issue bonds. (NRS 445A.130, 445A.140-445A.155) Sections 8 and 11-14 transfer the responsibility for administering the Account to the Division of Environmental Protection of the Department and the Administrator of the Division. Sections 2 and 3 of this bill define Administrator and Division, respectively, and section 27 of this bill repeals unnecessary definitions.
Section 6 of this bill makes conforming changes to indicate the proper placement of the new definitions into chapter 445A of the Nevada Revised Statutes.
Existing law sets forth certain limitations on the use of money in the Account. (NRS 445A.140) Section 10 of this bill provides that, with certain exceptions, the money in the Account may be used only in accordance with federal law and requires the regulations adopted by the State Environmental Commission to prescribe the authorized uses of the money in the Account.
Existing state law provides that not more than 4 percent of each grant awarded may be spent to administer the Account. (NRS 445A.145) Section 11 provides instead that not more than the amount or percentage authorized by federal law may be spent to administer the Account, provide technical assistance or for any other use authorized by federal law.
Existing federal law creates the Drinking Water State Revolving Fund to assist states with providing financial assistance for drinking water infrastructure projects, with certain set-asides to provide technical assistance, management and certain other assistance for projects. (42 U.S.C. § 300j-12) To receive and distribute money in accordance with federal law, existing state law creates: (1) the Account to Finance the Construction of Projects, known as the Account for the Revolving Fund; and (2) the account to fund activities, other than projects, authorized by the federal Safe Drinking Water Act, known as the Account for Set-Aside Programs.
κ2023 Statutes of Nevada, Page 330 (CHAPTER 69, AB 20)κ
Water Act, known as the Account for Set-Aside Programs. (NRS 445A.255) Sections 15-20 of this bill make various changes to provisions relating to the Account for the Revolving Fund and the Account for Set-Aside Programs.
Existing federal law authorizes the Account for Set-Aside Programs to make loans and grants and to provide certain limited types of assistance to projects authorized by the Safe Drinking Water Act. (42 U.S.C. §§ 300f et seq.) Existing state law creates the Account for Set-Aside Programs in the Fund for the Municipal Bond Bank. (NRS 445A.255) Section 15 provides instead that the Account for Set-Aside Programs is created in the Fund for Water Projects Loans to reflect that the Account may be used for certain project-related activities. Section 25 of this bill makes a conforming change to create an exception to the general requirement that all revenues from certain lending projects be deposited in the Fund for the Municipal Bond Bank. Sections 16 and 17 of this bill make changes to existing state law to provide that the Account for Set-Aside Programs may be used to make loans and grants in accordance with federal law.
Existing law sets forth certain limitations on the use of money in the Account for the Revolving Fund and the Account for Set-Aside Programs. (NRS 445A.275) Section 18 of this bill provides that, with certain exceptions, the money in these accounts may be used only in accordance with federal law and requires the State Environmental Commission to adopt regulations prescribing the authorized uses of the money.
Existing law prohibits the Administrator from spending more than a certain percentage of federal grants for administration, certain types of activities authorized pursuant to federal law and technical assistance to small water systems. (NRS 445A.280) Section 19 of this bill instead prohibits the Administrator from spending more than the amount or percentage authorized by federal law for administering the account or certain programs authorized by federal law.
Section 20 revises the legislative findings and declarations to emphasize the importance of the Account for the Revolving Fund and the Account for Set-Aside Programs.
Existing law charges the Director of the Department of Business and Industry with overseeing the financing of water projects. (NRS 349.946) Section 21 of this bill transfers this responsibility to the Director of the State Department of Conservation and Natural Resources. Section 22 of this bill authorizes the State Environmental Commission to adopt regulations relating to the financing of water projects.
Existing law establishes the Board for Financing Water Projects which may not contain more than three voting members who are members of the same political party and not more than two members who are residents of the same county. (NRS 349.957) Section 23 of this bill removes the requirement that not more than three members may be members of the same political party.
Existing law establishes a program to provide grants of money to purveyors of water and eligible recipients to pay for certain costs related to water conservation and capital improvements to water systems. (NRS 349.981) Section 24 of this bill expands the list of eligible recipients and costs to include costs associated with abandoning an individual sewage disposal system and connecting the property formerly served to a community sewage disposal system, if the Division approves certain programs or projects for the protection of groundwater quality developed by the State or a local government.
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 445A of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Administrator means the Administrator of the Division.
Sec. 3. Division means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.
κ2023 Statutes of Nevada, Page 331 (CHAPTER 69, AB 20)κ
Sec. 4. Eligible recipient means a legal entity that is eligible to receive assistance from the Account in accordance with the provisions of the Clean Water Act, 33 U.S.C. §§ 1381 et seq., including, without limitation, a municipality or interstate agency.
Sec. 5. NRS 445A.060 is hereby amended to read as follows:
445A.060 1. The Legislature finds that:
(a) The construction, rehabilitation, operation and maintenance of modern and efficient treatment works and other pollution control projects are essential for the protection and improvement of the waters of this State and the public health of the residents of this State; and
(b) The protection of the waters of this arid state justifies the States participation and assistance in a program which provides long-term financing to aid [municipalities and interstate agencies] eligible recipients in the construction of treatment works and the implementation of pollution control projects. The provisions of NRS 445A.060 to 445A.160, inclusive, and sections 2, 3 and 4 of this act shall be liberally construed to carry out the purposes of NRS 445A.060 to 445A.160, inclusive [.] , and sections 2, 3 and 4 of this act.
2. The Legislature declares that the creation of an Account to Finance the Construction of Treatment Works and the Implementation of Pollution Control Projects will enable the State to receive its maximum share of the federal money available pursuant to the Federal Water Pollution Control Act of 1972 (33 U.S.C. §§ 1251 et seq.) and ensure that the [municipalities in this State and interstate agencies] eligible recipients in this State receive federal money for treatment works and projects and programs for the control of pollution.
3. The Legislature finds and declares that any general obligation bonds or revenue bonds issued pursuant to NRS 445A.155 are necessary for the protection and preservation of the natural resources of this State and for the purpose of obtaining the benefits thereof, and constitutes an exercise of the authority conferred by the second paragraph of Section 3 of Article 9 of the Constitution of the State of Nevada.
Sec. 6. NRS 445A.065 is hereby amended to read as follows:
445A.065 As used in NRS 445A.060 to 445A.160, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 445A.070 to 445A.115, inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 7. NRS 445A.125 is hereby amended to read as follows:
445A.125 1. The interest and income earned on money in the Account must be credited to the Account.
2. All payments of principal and interest on all loans made to [a municipality or interstate agency] an eligible recipient and all proceeds from the sale, refunding or prepayment of obligations of [a municipality or interstate agency] an eligible recipient acquired or loans made in carrying out the purposes of the Account must be deposited in the State Treasury for credit to the Account.
3. The [Department] Division may accept gifts, grants and bequests of money from any public or private source. The money must be deposited in the State Treasury for credit to the Account.
Sec. 8. NRS 445A.130 is hereby amended to read as follows:
445A.130 1. The [Department] Division shall : [, with the approval of the Office of Finance:]
(a) Use the money in the Account for the purposes set forth in 33 U.S.C. §§ 1381 et seq.
κ2023 Statutes of Nevada, Page 332 (CHAPTER 69, AB 20)κ
(b) Determine whether [publicly owned treatment works] eligible recipients which receive money or other assistance from the Account comply with the requirements set forth in 33 U.S.C. §§ 1381 et seq.
2. The [Department] Division may : [, with the approval of the Office of Finance:]
(a) Enter into an agreement with the Federal Government for the acceptance of grants of money for the Account.
(b) Provide services relating to the preparation of any plan or report concerning the Account.
(c) Perform or cause to be performed by a nonprofit organization or any other eligible recipient under 33 U.S.C. §§ 1381 et seq. through an interagency agreement, subgrant, contract or memorandum of understanding any programs, projects or activities authorized pursuant to 33 U.S.C. §§ 1381 et seq.
Sec. 9. NRS 445A.135 is hereby amended to read as follows:
445A.135 The Commission shall adopt regulations to carry out the provisions of NRS 445A.060 to 445A.160, inclusive. The regulations adopted by the Commission must, without limitation, set forth the entities that are eligible to receive assistance in accordance with 33 U.S.C. §§ 1381 et seq.
Sec. 10. NRS 445A.140 is hereby amended to read as follows:
445A.140 1. Except as otherwise provided in NRS 445A.145, money in the Account , including, without limitation, repayments of principal and interest on loans, and interest and income earned on money in the Account, may be used only [to:
(a) Make loans at or below the market rate to municipalities or interstate agencies for the construction of treatment works and the implementation of pollution control projects.
(b) Buy or refinance at or below the market rate the debt obligations of municipalities or interstate agencies if:
(1) The project for which the obligations were incurred meets the requirements of 33 U.S.C. §§ 1251 et seq.; and
(2) The debt obligations were incurred and construction of the project began after March 7, 1985.
(c) Guarantee or purchase insurance for local obligations if such action would improve access to the credit markets or reduce the rate of interest.
(d) Secure the sale of bonds issued by the State if the net proceeds from the sale of those bonds are deposited in the Account.
2. A municipality or interstate agency which requests a loan or other financial assistance must demonstrate that it has complied with the provisions of] in accordance with 33 U.S.C. §§ 1381 et seq.
2. The regulations adopted by the Commission pursuant to NRS 445A.135 must prescribe, in accordance with federal law, the authorized uses of the money in the Account.
Sec. 11. NRS 445A.145 is hereby amended to read as follows:
445A.145 1. The [Director] Administrator shall not:
(a) Spend more than [4 percent of each grant awarded] the amount or percentage authorized pursuant to 33 U.S.C. §§ 1381 et seq. to administer the Account [;] , provide technical assistance or for any other use authorized pursuant to federal law; or
(b) Use any money generated pursuant to NRS 445A.155 for the costs of administering the Account unless authorized by the Legislature.
κ2023 Statutes of Nevada, Page 333 (CHAPTER 69, AB 20)κ
2. The [Director] Administrator may [, with the approval of the Office of Finance,] impose and collect a fee from each [municipality or interstate agency] eligible recipient which receives a loan or other financial assistance from the Account. The fee must be used to defray the costs of administering the Account.
3. If the [Director] Administrator imposes a fee, the Commission shall adopt regulations establishing the amount of the fee required to be collected pursuant to subsection 2.
Sec. 12. NRS 445A.150 is hereby amended to read as follows:
445A.150 The [Director] Administrator may [, with the approval of the Office of Finance,] employ any legal, fiscal or other expert services necessary to carry out his or her duties pursuant to NRS 445A.060 to 445A.160, inclusive [.] , and sections 2, 3 and 4 of this act.
Sec. 13. NRS 445A.155 is hereby amended to read as follows:
445A.155 1. The [Director] Administrator may [, with the approval of the Office of Finance,] authorize the State Treasurer to issue, sell or deliver general obligation bonds of the State or revenue bonds if viable to support the purposes of the Account.
2. If the [Director] Administrator authorizes the issuance of those bonds, the State Treasurer may:
(a) Sue and be sued to establish or enforce any right arising out of a project receiving financial assistance or of any state securities issued pursuant to this authorization;
(b) Acquire and hold municipal securities, and exercise all of the rights of holders of those securities;
(c) Sell or otherwise dispose of municipal securities and assets acquired in connection with those securities, unless limited by any agreement which relates to the securities;
(d) Make contracts and execute all necessary or convenient instruments;
(e) Accept grants of money from the Federal Government, the State, any agency or political subdivision, or any other person;
(f) Adopt regulations relating to projects receiving financial assistance and the administration of those projects;
(g) Employ for [himself or herself] the Administrator or for any [municipality or interstate agency,] eligible recipient any necessary legal, fiscal, engineering and other expert services in connection with projects receiving financial assistance and with the authorization, sale and issuance of state securities and municipal securities;
(h) Enter into agreements and arrangements consistent with NRS 445A.060 to 445A.160, inclusive, and sections 2, 3 and 4 of this act concerning the issuance of state securities and the purchase of municipal securities; and
(i) Undertake other matters which [he or she] the Administrator determines to be necessary or desirable to accomplish the purposes of NRS 445A.060 to 445A.160, inclusive [.] , and sections 2, 3 and 4 of this act.
3. Before any bonds are issued pursuant to this section, the State Board of Finance must certify that sufficient revenue will be available in the Account to pay the interest and installments of principal as they become due.
4. The money in the Account that is available for the payment of the interest and installments of principal on the bonds must be pledged as the primary source for the payment of the bonds. The full faith and credit of the State may be pledged.
κ2023 Statutes of Nevada, Page 334 (CHAPTER 69, AB 20)κ
Sec. 14. NRS 445A.160 is hereby amended to read as follows:
445A.160 1. The Commission shall adopt regulations relating to the environmental review process required by 33 U.S.C. §§ 1381 et seq.
2. Each [municipality or interstate agency] eligible recipient which receives money from the Account shall prepare an environmental assessment which complies with the regulations adopted by the Commission and submit it to the [Department] Division for review.
3. The [Department] Division shall review each such assessment.
Sec. 15. NRS 445A.255 is hereby amended to read as follows:
445A.255 1. The Account to Finance the Construction of Projects, to be known as the Account for the Revolving Fund, is hereby created in the Fund for Water Projects Loans.
2. The account to fund activities [, other than] and projects, authorized by the Safe Drinking Water Act, to be known as the Account for Set-Aside Programs, is hereby created in the Fund for [the Municipal Bond Bank.] Water Projects Loans.
3. The money in the Account for the Revolving Fund and the Account for Set-Aside Programs may be used only for the purposes set forth in the Safe Drinking Water Act.
4. All claims against the Account for the Revolving Fund and the Account for Set-Aside Programs must be paid as other claims against the State are paid.
5. The faith of the State is hereby pledged that the money in the Account for the Revolving Fund and the Account for Set-Aside Programs will not be used for purposes other than those authorized by the Safe Drinking Water Act.
Sec. 16. NRS 445A.260 is hereby amended to read as follows:
445A.260 1. The interest and income earned on money in the Account for the Revolving Fund and the Account for Set-Aside Programs must be credited to the Account for the Revolving Fund and the Account for Set-Aside Programs, respectively.
2. All payments of principal and interest on all loans made to a public water system and all proceeds from the sale, refunding or prepayment of obligations of a public water system acquired or loans made in carrying out the purposes of the Account for the Revolving Fund or the Account for Set-Aside Programs must be deposited in the State Treasury for credit to the Account for the Revolving Fund [.] or the Account for Set-Aside Programs, respectively.
3. The Division may accept gifts, appropriations from the State General Fund, contributions, grants and bequests of money from any public or private source. The money so accepted must be deposited in the State Treasury for credit to the Account for the Revolving Fund, or the Account for Set-Aside Programs, and can be used to provide money from the State to match the federal grant, as required by the Safe Drinking Water Act.
4. Except as otherwise provided in subsection 5, only federal money deposited in a separate subaccount of the Account for the Revolving Fund, including repayments of principal and interest on loans made solely from federal money, and interest and income earned on federal money in the Account for the Revolving Fund, may be used to benefit public water systems not governmentally owned.
5. In addition to the sources described in subsection 4, the proceeds of state securities that are solely secured by and solely payable from one or more of the sources set forth in subsection 4 may be used to benefit public water systems not governmentally owned.
κ2023 Statutes of Nevada, Page 335 (CHAPTER 69, AB 20)κ
more of the sources set forth in subsection 4 may be used to benefit public water systems not governmentally owned.
Sec. 17. NRS 445A.265 is hereby amended to read as follows:
445A.265 1. The Division shall:
(a) Use the money in the Account for the Revolving Fund and the Account for Set-Aside Programs for the purposes set forth in the Safe Drinking Water Act.
(b) Determine whether public water systems which receive money or other assistance from the Account for the Revolving Fund or the Account for Set-Aside Programs comply with the Safe Drinking Water Act and regulations adopted pursuant thereto.
2. The Division may:
(a) Prepare and enter into required agreements with the Federal Government for the acceptance of grants of money for the Account for the Revolving Fund and the Account for Set-Aside Programs.
(b) Bind itself to terms of the required agreements.
(c) Accept grants made pursuant to the Safe Drinking Water Act.
(d) Manage the Account for the Revolving Fund and the Account for Set-Aside Programs in accordance with the requirements and objectives of the Safe Drinking Water Act.
(e) Provide services relating to management and administration of the Account for the Revolving Fund and the Account for Set-Aside Programs, including the preparation of any agreement, plan or report.
(f) Perform, or cause to be performed by the Nevada Rural Water Association or other persons, agencies or organizations through interagency agreement, subgrant, contract or memorandum of understanding, set-aside programs pursuant to 42 U.S.C. § 300j-12 of the Safe Drinking Water Act.
(g) Make loans or grants from the Account for Set-Aside Programs to borrowers for set-aside programs that meet the requirements of 42 U.S.C. § 300j-12 of the Safe Drinking Water Act.
3. The Division shall not:
(a) Commit any money in the Account for the Revolving Fund for expenditure for the purposes set forth in NRS 445A.275; or
(b) Establish the priorities for determining which public water systems will receive money or other assistance from the Account for the Revolving Fund,
Κ without obtaining the prior approval of the Board for Financing Water Projects.
Sec. 18. NRS 445A.275 is hereby amended to read as follows:
445A.275 1. Except as otherwise provided in NRS 445A.260 and 445A.280, money in the Account for the Revolving Fund, including repayments of principal and interest on loans, and interest and income earned on money in the Account for the Revolving Fund [, may be used only to:
(a) Make loans at or below the market rate to public water systems for the construction of projects.
(b) Buy or refinance at or below the market rate the obligations of public water systems if:
(1) The project for which the obligations were incurred complies with the Safe Drinking Water Act and regulations adopted pursuant thereto; and
(2) The obligations were incurred after July 1, 1993.
κ2023 Statutes of Nevada, Page 336 (CHAPTER 69, AB 20)κ
(c) Guarantee or purchase insurance for local obligations, including nongovernmental debt or municipal debt, if the action would improve access to credit or reduce the rate of interest applicable to the obligation.
(d) Arrange for the sale of state securities, including state securities issued to provide money from the State to match the federal grant, as required by the Safe Drinking Water Act, if the net proceeds from the sale of those state securities are deposited in the Account for the Revolving Fund.
(e) Provide or guarantee loans or as a source of reserve and security for leveraged loans, except that repayments of interest on loans, and interest and income earned on money in the Account for the Revolving Fund, may be used to secure the sale of state securities or otherwise be pledged to provide money from the State to match the federal grant, as required by the Safe Drinking Water Act.
2. Money] and money in the Account for Set-Aside Programs may be used only [to fund set-aside programs authorized by] in accordance with the Safe Drinking Water Act. Money in the Account for Set-Aside Programs may be transferred to the Account for the Revolving Fund pursuant to the Safe Drinking Water Act.
[3.] 2. A public water system which requests a loan or other financial assistance must demonstrate that it has:
(a) Complied with the Safe Drinking Water Act and regulations adopted pursuant thereto; or
(b) Agreed to take actions that are needed to ensure that it has the capability to comply with the Safe Drinking Water Act and regulations adopted pursuant thereto.
[4.] 3. Funding from the Account for the Revolving Fund may not be given to an existing public water system unless it has the technical, managerial and financial capability to ensure compliance with the Safe Drinking Water Act and regulations adopted pursuant thereto. A new public water system, to receive such funding, must demonstrate that it has the technical, managerial and financial capability to ensure compliance with the Safe Drinking Water Act and regulations adopted pursuant thereto.
4. The Commission shall adopt regulations which must prescribe, in accordance with federal law, the authorized uses of the money in the Account for the Revolving Fund and the Account for Set-Aside Programs.
Sec. 19. NRS 445A.280 is hereby amended to read as follows:
445A.280 1. The Administrator shall not:
(a) Spend more than [4 percent of the federal grant for a set-aside program] the amount or percentage authorized for [administration] administering the Account for the Revolving Fund and the Account for Set-Aside Programs pursuant to 42 U.S.C. § [300j-12(g)(2)] 300j-12 of the Safe Drinking Water Act; or
(b) Spend more than [10 percent of the federal grant] the amount or percentage authorized for [a] set-aside [program for activities authorized] programs pursuant to 42 U.S.C. § [300j-12(g)(2)] 300j-12 of the Safe Drinking Water Act . [if matched equally by the State;
(c) Spend more than 2 percent of the federal grant for a set-aside program for technical assistance to small water systems pursuant to 42 U.S.C. § 300j-12(g)(2) of the Safe Drinking Water Act; or
(d) Spend more than 15 percent of the federal grant for a set-aside program for activities authorized pursuant to 42 U.S.C. § 300j-12(k) of the Safe Drinking Water Act.]
κ2023 Statutes of Nevada, Page 337 (CHAPTER 69, AB 20)κ
2. The Administrator may impose and collect a fee from each public water system that receives a loan or other financial assistance from the Account for the Revolving Fund or the Account for Set-Aside Programs. The fee must be used to defray the costs of administering the Account for the Revolving Fund or the Account for Set-Aside Programs.
3. If the Administrator imposes a fee pursuant to subsection 2, the Commission shall adopt regulations establishing the amount of the fee to be collected.
Sec. 20. NRS 445A.290 is hereby amended to read as follows:
445A.290 1. The Legislature finds and declares that:
(a) The construction, rehabilitation, operation and maintenance of modern and efficient drinking water systems are essential for the public health of the residents of this State.
(b) The protection of the waters in this arid State justifies the participation and assistance of the State in a program which provides long-term financing to eligible recipients for the construction and improvement of drinking water infrastructure and set-aside programs. The provisions of NRS 445A.200 to 445A.295, inclusive, shall be liberally construed to carry out the purposes of NRS 445A.200 to 445A.295, inclusive.
(c) The creation of the Account for the Revolving Fund and the Account for Set-Aside Programs will enable the State to receive the maximum share of the federal money available to the State pursuant to the Safe Drinking Water Act and ensure that eligible recipients in this State receive federal money for the construction of drinking water infrastructure and set-aside programs.
2. The Legislature finds and declares that any state securities issued pursuant to this section are necessary for the protection and preservation of the property and natural resources of this State and for the purpose of obtaining the benefits thereof, and their issuance constitutes an exercise of the authority conferred by the second paragraph of Section 3 of Article 9 of the Constitution of the State of Nevada.
[2.] 3. The Administrator may authorize the State Treasurer to issue, sell or deliver state securities as general obligations or secured by pledged revenue if viable to carry out the purposes of the Account for the Revolving Fund, or to provide money from the State to match the federal grant as required by the Safe Drinking Water Act.
[3.] 4. If the Administrator authorizes the issuance of state securities, the State Treasurer may:
(a) Sue and be sued to establish or enforce any right arising out of a project receiving financial assistance or of any state securities issued pursuant to this authorization;
(b) Acquire and hold municipal securities, and exercise all of the rights of holders of those securities;
(c) Sell or otherwise dispose of municipal securities and assets acquired in connection with those securities, unless limited by any agreement which relates to the securities;
(d) Make contracts and execute all necessary or convenient instruments;
(e) Accept grants of money from the Federal Government, the State, any agency or political subdivision thereof, or any other person;
(f) Adopt financial regulations relating to projects receiving financial assistance and the administration of those projects;
κ2023 Statutes of Nevada, Page 338 (CHAPTER 69, AB 20)κ
(g) Employ for [himself or herself] the Administrator or for any public water system, any necessary legal, fiscal, engineering and other expert services in connection with projects receiving financial assistance and with the authorization, sale and issuance of state securities, and the purchase of municipal securities or nongovernmental debt;
(h) Enter into agreements and arrangements consistent with NRS 445A.200 to 445A.295, inclusive, concerning the authorization, sale and issuance of state securities and the purchase of municipal securities or nongovernmental debt;
(i) Require, as appropriate to secure a nongovernmental debt, enhancements of credit or the pledge of any variety of collateral or other types of security, such as corporate or personal guarantees; and
(j) Undertake other matters which [he or she] the Administrator determines to be necessary or desirable to accomplish the purposes of NRS 445A.200 to 445A.295, inclusive.
[4.] 5. The money in the Account for the Revolving Fund which is available for the payment of the interest and installments of principal on the state securities must be pledged as the primary source for the payment of the state securities. The full faith and credit of the State may be pledged as additional security for the payment of the state securities.
Sec. 21. NRS 349.938 is hereby amended to read as follows:
349.938 Director means the Director of the State Department of [Business] Conservation and [Industry] Natural Resources or any person within the State Department of [Business] Conservation and [Industry] Natural Resources designated by the Director to perform duties in connection with a water project or the issuance of bonds.
Sec. 22. NRS 349.946 is hereby amended to read as follows:
349.946 The Director has all the powers necessary to accomplish the purposes set forth in NRS 349.935 to 349.961, inclusive. These powers must be exercised for the health, safety, convenience, prosperity and welfare of the inhabitants of this state. The [Director] State Environmental Commission may adopt such regulations as are necessary to carry out the provisions of NRS 349.935 to 349.961, inclusive.
Sec. 23. NRS 349.957 is hereby amended to read as follows:
349.957 1. The Board for Financing Water Projects is hereby created. The Board consists of one ex officio member and five members appointed by the Governor.
2. The Governor shall appoint to the Board:
(a) One member who is a representative of the county with the largest population in the State;
(b) One member who is a representative of the county with the second largest population in the State; and
(c) Three members who are representatives of counties in the State whose populations are less than 100,000,
Κ of whom one member is knowledgeable in the field of municipal finance and the remaining members are knowledgeable in the fields of planning , [and the] development [and reclamation] or the management of water resources.
3. The Administrator of the Division of Environmental Protection of the State Department of Conservation and Natural Resources, or a person [he or she] the Administrator designates, shall serve ex officio as a nonvoting member of the Board.
κ2023 Statutes of Nevada, Page 339 (CHAPTER 69, AB 20)κ
4. Not more than [three] two voting members of the Board may be [members of the same political party, and not more than two may be] residents of the same county.
Sec. 24. NRS 349.981 is hereby amended to read as follows:
349.981 1. There is hereby established a program to provide grants of money to:
(a) A purveyor of water to pay for costs of capital improvements to publicly owned community water systems and publicly owned nontransient water systems required or made necessary by the State Environmental Commission pursuant to NRS 445A.800 to 445A.955, inclusive, or made necessary by the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., and the regulations adopted pursuant thereto.
(b) An eligible recipient to pay for the cost of improvements to conserve water, including, without limitation:
(1) Piping or lining of an irrigation canal;
(2) Recovery or recycling of wastewater or tailwater;
(3) Scheduling of irrigation;
(4) Measurement or metering of the use of water;
(5) Improving the efficiency of irrigation operations; and
(6) Improving the efficiency of the operation of a facility for the storage of water, including, without limitation, efficiency in diverting water to such a facility.
(c) An eligible recipient to pay the following costs associated with connecting a domestic well or well with a temporary permit to a municipal water system, if the well was in existence on or before October 1, 1999, and the well is located in an area designated by the State Engineer pursuant to NRS 534.120 as an area where the groundwater basin is being depleted:
(1) Any local or regional fee for connection to the municipal water system.
(2) The cost of any capital improvement that is required to comply with a decision or regulation of the State Engineer.
(d) An eligible recipient to pay the following costs associated with abandoning an individual sewage disposal system and connecting the property formerly served by the abandoned individual sewage disposal system to a community sewage disposal system, if the Division of Environmental Protection requires the individual sewage disposal system to be abandoned and the property upon which the individual sewage disposal system was located to be connected to a community sewage disposal system pursuant to the provisions of NRS 445A.300 to 445A.730, inclusive, or any regulations adopted pursuant thereto:
(1) Any local or regional fee for connection to the community sewage disposal system.
(2) The cost of any capital improvement that is required to comply with a statute of this State or a decision, directive, order or regulation of the Division of Environmental Protection.
(e) An eligible recipient to pay the following costs associated with abandoning an individual sewage disposal system and connecting the property formerly served by the abandoned individual sewage disposal system to a community sewage disposal system, if the Division of Environmental Protection approves a program or project for the protection of groundwater quality developed by the State or a local government that provides for the abandonment of an individual sewage disposal system and the connection of the property upon which the individual sewage disposal system was located to a community sewage disposal system pursuant to the provisions of NRS 445A.300 to 445A.730, inclusive, or any regulations adopted pursuant thereto:
κ2023 Statutes of Nevada, Page 340 (CHAPTER 69, AB 20)κ
the connection of the property upon which the individual sewage disposal system was located to a community sewage disposal system pursuant to the provisions of NRS 445A.300 to 445A.730, inclusive, or any regulations adopted pursuant thereto:
(1) Any local or regional fee for connection to the community sewage disposal system.
(2) The cost of any capital improvement that is required to comply with a statute of this State or a decision, directive, order or regulation of the Division of Environmental Protection.
(f) An eligible recipient to pay the following costs associated with [connecting] abandoning a well and connecting the property formerly served by the well to a municipal water system, if the quality of the water of the well fails to comply with the standards of the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., and the regulations adopted pursuant thereto:
(1) Any local or regional fee for connection to the municipal water system.
(2) The cost of any capital improvement that is required for the water quality in the area where the well is located to comply with the standards of the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq., and the regulations adopted pursuant thereto.
[(f)] (g) A governing body to pay the costs associated with developing and maintaining a water resource plan.
2. Except as otherwise provided in NRS 349.983, the determination of who is to receive a grant is solely within the discretion of the Board.
3. For any construction work paid for in whole or in part by a grant provided pursuant to this section to a nonprofit association or nonprofit cooperative corporation that is an eligible recipient, the provisions of NRS 338.013 to 338.090, inclusive, apply to:
(a) Require the nonprofit association or nonprofit cooperative corporation to include in the contract for the construction work the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to those statutory provisions.
(b) Require the nonprofit association or nonprofit cooperative corporation to comply with those statutory provisions in the same manner as if it was a public body that had undertaken the project or had awarded the contract.
(c) Require the contractor who is awarded the contract for the construction work, or a subcontractor on the project, to comply with those statutory provisions in the same manner as if he or she was a contractor or subcontractor, as applicable, engaged on a public work.
4. As used in this section:
(a) Eligible recipient means:
(1) A political subdivision of this State, including, without limitation, a city, county, unincorporated town, water authority, conservation district, irrigation district, water district or water conservancy district.
(2) A nonprofit association or nonprofit cooperative corporation that provides water service only to its members.
(b) Governing body has the meaning ascribed to it in NRS 278.015.
κ2023 Statutes of Nevada, Page 341 (CHAPTER 69, AB 20)κ
(c) Water resource plan means a water resource plan created pursuant to NRS 278.0228.
Sec. 25. NRS 350A.190 is hereby amended to read as follows:
350A.190 1. [All] Except as otherwise provided in NRS 445A.255, all revenues from lending projects must be deposited in the Fund for the Municipal Bond Bank in the State Treasury, which is hereby created as a special revenue fund.
2. Any revenue from lending projects which is in the Fund must be applied in the following order of priority:
(a) Deposited into the Consolidated Bond Interest and Redemption Fund created pursuant to NRS 349.090 in amounts necessary to pay the principal of, interest on and redemption premiums due in connection with state securities issued pursuant to this chapter.
(b) Deposited into any reserve account created for the payment of the principal of, interest on and redemption premiums due in connection with state securities issued pursuant to this chapter, in amounts and at times determined to be necessary.
(c) Paid out for expenses of operation and maintenance.
(d) On July 1 of each odd-numbered year, to the extent of any uncommitted balance in the Fund, deposited in the State General Fund.
Sec. 26. 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. 27. NRS 445A.085 and 445A.090 are hereby repealed.
Sec. 28. This act becomes effective upon passage and approval.
________
κ2023 Statutes of Nevada, Page 342κ
Assembly Bill No. 76Assemblyman Yeager
CHAPTER 70
[Approved: May 30, 2023]
AN ACT relating to civil actions; increasing the maximum amount recoverable as costs for the reasonable fees of certain expert witnesses; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, a court is required or authorized, depending on certain factors, to award to a prevailing party certain costs incurred in connection with certain civil actions. Such costs include the reasonable fees of not more than five expert witnesses in an amount of not more than $1,500 for each witness, unless the court allows a larger fee under certain circumstances. (NRS 18.005, 18.020, 18.050) This bill increases the maximum amount of that fee to not more than $15,000 for each expert witness.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 18.005 is hereby amended to read as follows:
18.005 For the purposes of NRS 18.010 to 18.150, inclusive, the term costs means:
1. Clerks fees.
2. Reporters fees for depositions, including a reporters fee for one copy of each deposition.
3. Jurors fees and expenses, together with reasonable compensation of an officer appointed to act in accordance with NRS 16.120.
4. Fees for witnesses at trial, pretrial hearings and deposing witnesses, unless the court finds that the witness was called at the instance of the prevailing party without reason or necessity.
5. Reasonable fees of not more than five expert witnesses in an amount of not more than [$1,500] $15,000 for each expert witness, unless the court allows a larger fee after determining that the circumstances surrounding the [experts] testimony of the expert witness were of such necessity as to require the larger fee.
6. Reasonable fees of necessary interpreters.
7. The fee of any sheriff or licensed process server for the delivery or service of any summons or subpoena used in the action, unless the court determines that the service was not necessary.
8. Compensation for the official reporter or reporter pro tempore.
9. Reasonable costs for any bond or undertaking required as part of the action.
10. Fees of a court bailiff or deputy marshal who was required to work overtime.
11. Reasonable costs for telecopies.
12. Reasonable costs for photocopies.
κ2023 Statutes of Nevada, Page 343 (CHAPTER 70, AB 76)κ
13. Reasonable costs for long distance telephone calls.
14. Reasonable costs for postage.
15. Reasonable costs for travel and lodging incurred taking depositions and conducting discovery.
16. Fees charged pursuant to NRS 19.0335.
17. Any other reasonable and necessary expense incurred in connection with the action, including reasonable and necessary expenses for computerized services for legal research.
Sec. 2. The amendatory provisions of this act apply to an action that is:
1. Pending on July 1, 2023; or
2. Filed on or after July 1, 2023.
Sec. 3. This act becomes effective on July 1, 2023.
________
Assembly Bill No. 98Assemblyman Nguyen
CHAPTER 71
[Approved: May 30, 2023]
AN ACT relating to economic development; revising the name of the Governors Workforce Investment Board to the Governors Workforce Development Board; revising the membership and duties of the Board; revising provisions relating to industry sector councils; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Governors Workforce Investment Board and requires the Board to perform certain duties, which include: (1) identifying industry sectors that are essential to this State and the region or regions of the State where the majority of the operations of each of those industry sectors is conducted; and (2) establishing regional goals for economic development and establishing a council for each industry sector. (NRS 232.935) Section 3 of this bill revises the name of the Governors Workforce Investment Board to the Governors Workforce Development Board. Sections 1, 2 and 4-6 of this bill make conforming changes to revise the name of the Governors Workforce Investment Board to the Governors Workforce Development Board.
Section 3 expands the representation requirements of the Board to include members of local workforce development boards and other business representatives from industry sectors. Section 3 further requires the Board to collaborate with local workforce development boards and regional development authorities to: (1) identify industry sectors that are essential to each region of this State; (2) establish regional industry or sector partnerships; and (3) establish regional goals for economic development in the identified industry sectors. Section 3 also requires each regional industry or sector partnership working with local workforce development boards to report to the Board annually and when necessary.
Sections 4 and 7-9 of this bill make conforming changes to revise references to industry sector councils.
κ2023 Statutes of Nevada, Page 344 (CHAPTER 71, AB 98)κ
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 223.650 is hereby amended to read as follows:
223.650 1. The Advisory Council on Science, Technology, Engineering and Mathematics created by NRS 223.640 shall:
(a) Develop a strategic plan for the development of educational resources in the fields of science, technology, engineering and mathematics to serve as a foundation for workforce development, college preparedness and economic development in this State;
(b) Develop a plan for identifying and awarding recognition to pupils in this State who demonstrate exemplary achievement in the fields of science, technology, engineering and mathematics;
(c) Develop a plan for identifying and awarding recognition to schools in this State that demonstrate exemplary performance in the fields of science, technology, engineering and mathematics;
(d) Conduct a survey of education programs and proposed programs relating to the fields of science, technology, engineering and mathematics in this State and in other states to identify recommendations for the implementation of such programs by public schools and institutions of higher education in this State and report the information gathered by the survey to the State Board of Education and the Board of Regents of the University of Nevada;
(e) Apply for grants on behalf of the State of Nevada relating to the development and expansion of education programs in the fields of science, technology, engineering and mathematics;
(f) Identify a nonprofit corporation to assist in the implementation of the plans developed pursuant to paragraphs (a), (b) and (c);
(g) Prepare a written report which includes, without limitation, recommendations based on the survey conducted pursuant to paragraph (d) and any other recommendations concerning the instruction and curriculum in courses of study in science, technology, engineering and mathematics in public schools in this State and, on or before January 31 of each odd-numbered year, submit a copy of the report to the State Board of Education, the Board of Regents of the University of Nevada, the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature;
(h) Conduct surveys for and make recommendations as deemed necessary to the Office of Economic Development and the Governors Workforce [Investment] Development Board; and
(i) Appoint a subcommittee on computer science consisting of at least three members to provide advice and recommendations to:
(1) The State Board of Education, the Council to Establish Academic Standards for Public Schools, the boards of trustees of school districts and the governing bodies of charter schools and university schools for profoundly gifted pupils concerning the curriculum and materials for courses in computer science and computer education and technology and professional development for teachers who teach such courses; and
(2) The Commission on Professional Standards in Education concerning the qualifications for licensing teachers and other educational personnel who teach courses in computer science or computer education and technology.
κ2023 Statutes of Nevada, Page 345 (CHAPTER 71, AB 98)κ
2. Each year the Council:
(a) Shall establish an event in southern Nevada and an event in northern Nevada to recognize pupils in this State who demonstrate exemplary achievement in the fields of science, technology, engineering and mathematics.
(b) Shall establish a statewide event to recognize schools in this State that have demonstrated exemplary performance in the fields of science, technology, engineering and mathematics.
(c) May accept any gifts, grants or donations from any source for use in carrying out the provisions of this subsection.
3. The Council or a subcommittee of the Council may seek the input, advice and assistance of persons and organizations that have knowledge, interest or expertise relevant to the duties of the Council.
4. The State Board of Education and the Board of Regents of the University of Nevada shall consider the plans developed by the Advisory Council on Science, Technology, Engineering and Mathematics pursuant to paragraphs (a), (b) and (c) of subsection 1 and the written report submitted pursuant to paragraph (g) of subsection 1. The State Board of Education shall adopt such regulations as the State Board deems necessary to carry out the recommendations in the written report.
Sec. 2. NRS 232.920 is hereby amended to read as follows:
232.920 The Director:
1. Shall:
(a) Organize the Department into divisions and other operating units as needed to achieve the purposes of the Department;
(b) Upon request, provide the Director of the Department of Administration with a list of organizations and agencies in this State whose primary purpose is the training and employment of persons with disabilities;
(c) Except as otherwise provided by a specific statute, direct the divisions to share information in their records with agencies of local governments which are responsible for the collection of debts or obligations if the confidentiality of the information is otherwise maintained under the terms and conditions required by law;
(d) Provide the employment and wage information to the Board of Regents of the University of Nevada for purposes of the reporting required of the Board of Regents by subsection 4 of NRS 396.531; and
(e) Provide to the Director of the Legislative Counsel Bureau a written report each quarter containing the rate of unemployment of residents of this State regarding whom the Department has information, organized by county and, for each county, the rate of unemployment disaggregated by demographic information, including, without limitation, age, race and gender. The Director of the Department shall:
(1) Post on the Internet website of the Department the report required by this paragraph;
(2) Provide the report to the Governors Workforce [Investment] Development Board and all applicable agencies for the purposes of subsection 5 of NRS 232.935; and
(3) Post on the Internet website of the Department the written report provided by the Governors Workforce [Investment] Development Board pursuant to subsection 5 of NRS 232.935.
2. Is responsible for the administration, through the divisions of the Department, of the provisions of NRS 394.383 to 394.560, inclusive, 426.010 to 426.715, inclusive, 426.740, 426.790 and 426.800, and chapters 612 and 615 of NRS, and all other provisions of law relating to the functions of the Department and its divisions, but is not responsible for the professional line activities of the divisions or other operating units except as otherwise provided by specific statute.
κ2023 Statutes of Nevada, Page 346 (CHAPTER 71, AB 98)κ
426.010 to 426.715, inclusive, 426.740, 426.790 and 426.800, and chapters 612 and 615 of NRS, and all other provisions of law relating to the functions of the Department and its divisions, but is not responsible for the professional line activities of the divisions or other operating units except as otherwise provided by specific statute.
3. May employ, within the limits of legislative appropriations, such staff as is necessary for the performance of the duties of the Department.
Sec. 3. NRS 232.935 is hereby amended to read as follows:
232.935 1. In appointing members of the Governors Workforce [Investment] Development Board, the Governor shall ensure that the membership as a whole represents:
(a) [Industry] Members of the local workforce development boards and other business representatives from industry sectors which are essential to this State and which are driven primarily by demand;
(b) Communities and areas of economic development which are essential to this State; and
(c) The diversity of the workforce of this State, including, without limitation, geographic diversity and the diversity within regions of this State.
2. The Governors Workforce [Investment] Development Board shall:
(a) Collaborate with the local workforce development boards and regional development authorities to:
(1) Identify:
[(1)] (I) Industry sectors which are essential to each region of this State; and
[(2)] (II) The region or regions of this State where the majority of the operations of each of those industry sectors is conducted [.
(b)] ; and
(2) Establish:
[(1)] (I) Regional goals for economic development for each of the industry sectors identified pursuant to this paragraph ; [(a);] and
[(2) A council]
(II) Regional industry or sector partnerships for each industry sector.
[(c)] (b) Consider and develop programs to promote:
(1) Strategies to improve labor markets for industries and regions of this State, including, without limitation, improving the availability of relevant information;
(2) Coordination of the efforts of relevant public and private agencies and organizations;
(3) Strategies for providing funding as needed by various industry sectors;
(4) Increased production capacities for various industry sectors;
(5) The development of useful measurements of performance and outcomes in various industry sectors;
(6) Participation by and assistance from state and local government agencies;
(7) Expanded market penetration, including, without limitation, by providing assistance to employers with small numbers of employees;
(8) Partnerships between labor and management;
(9) Business associations;
(10) The development of improved instructional and educational resources for employers and employees; and
κ2023 Statutes of Nevada, Page 347 (CHAPTER 71, AB 98)κ
(11) The development of improved economies of scale, as applicable, in industry sectors.
3. Each regional industry or sector [council] partnership established pursuant to subparagraph (2) of paragraph [(b)] (a) of subsection 2:
(a) Must be composed of representatives from:
(1) Employers within that industry;
(2) Organized labor within that industry [;] , if applicable;
(3) Universities and community colleges; and
(4) Any other relevant group of persons deemed to be appropriate by the [Board.] local workforce development board.
(b) Shall, within the parameters set forth in the American Recovery and Reinvestment Act of 2009 or the parameters of any other program for which the federal funding is available, identify job training and education programs which the regional industry or sector [council] partnership determines to have the greatest likelihood of meeting the regional goals for economic development established for that industry sector pursuant to subparagraph [(1)] (2) of paragraph [(b)] (a) of subsection 2.
(c) Shall report on an annual basis and as necessary to the Governors Workforce Development Board.
4. The Governors Workforce Development Board shall:
(a) Identify and apply for federal funding available for the job training and education programs identified pursuant to paragraph (b) of subsection 3;
(b) Consider and approve or disapprove applications for money;
(c) Provide and administer grants of money to regional industry or sector [councils] partnerships for the purpose of establishing job training and education programs in industry sectors for which regional goals for economic development have been established pursuant to subparagraph [(1)] (2) of paragraph [(b)] (a) of subsection 2; and
(d) Adopt regulations establishing:
(1) Guidelines for the submission and review of applications to receive grants of money from the Department; and
(2) Criteria and standards for the eligibility for and use of any grants made pursuant to paragraph (c).
Κ Except as otherwise required as a condition for federal funding, the regulations required by this subsection must give priority to job training and education programs that are consistent with the State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053.
5. The Governors Workforce Development Board shall:
(a) Receive reports from the Director pursuant to paragraph (e) of subsection 1 of NRS 232.920;
(b) Require all applicable agencies which provide workforce development services to coordinate efforts and resources to reduce the rate of unemployment for a demographic group contained in the report provided pursuant to paragraph (e) of subsection 1 of NRS 232.920 if, for that demographic group, the rate of unemployment for the group:
(1) Is 200 percent or more of the rate of unemployment for the applicable county as a whole;
(2) Is 4 or more percentage points higher than the rate of unemployment for the applicable county as a whole; or
(3) Has been higher than the rate of unemployment for the applicable county as a whole for 3 or more consecutive years; and
κ2023 Statutes of Nevada, Page 348 (CHAPTER 71, AB 98)κ
(c) Provide a written report each year to the Director of the Department and the Director of the Legislative Counsel Bureau describing the efforts made by the Governors Workforce Development Board and all applicable agencies to comply with paragraph (b).
6. In carrying out its powers and duties pursuant to this section, the Governors Workforce Development Board shall consult with the Executive Director of the Office of Economic Development and shall cooperate with the Executive Director in implementing the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053.
7. As used in this section [, industry] :
(a) Industry sector means a group of employers closely linked by common products or services, workforce needs, similar technologies, supply chains or other economic links.
(b) Regional industry or sector partnership means a workforce collaborative, convened by or acting in partnership with the Governors Workforce Development Board or a local board of workforce development that organizes key stakeholders in an industry cluster into a working group that focuses on the shared goals and human resources needs of the industry cluster.
Sec. 4. NRS 232.975 is hereby amended to read as follows:
232.975 The Executive Director of the Governors Office of Workforce Innovation shall:
1. Provide support to the Department, the Governors Workforce [Investment] Development Board created by NRS 232.935 and [the] any regional industry or sector [councils] partnership established [by the Governors Workforce Investment Board] pursuant to NRS 232.935 on matters relating to workforce development.
2. Work in coordination with the Office of Economic Development to establish criteria and goals for workforce development and diversification in this State.
3. Collect and systematize and present in biennial reports to the Governor and the Legislature such statistical details relating to workforce development in the State as the Executive Director of the Office may deem essential to further the objectives of the Governors Office of Workforce Innovation.
4. At the direction of the Director:
(a) Identify, recommend and implement policies related to workforce development.
(b) Define career pathways and identify priority career pathways for secondary and postsecondary education.
(c) Discontinue career pathways offered by the State which fail to meet minimum standards of quality, rigor and cross-education alignment, or that do not demonstrate a connection to priority industry needs.
(d) In consultation with the Governors Workforce [Investment] Development Board, identify industry-recognized credentials, workforce development programs and education.
(e) Maintain and oversee the statewide longitudinal data system that links data relating to early childhood education programs and K-12 public education with data relating to postsecondary education and the workforce in this State.
κ2023 Statutes of Nevada, Page 349 (CHAPTER 71, AB 98)κ
(f) Collect accurate educational data in the statewide longitudinal data system for the purpose of analyzing student performance through employment to assist in improving the educational system and workforce training program in this State.
(g) Apply for and administer grants, including, without limitation, those that may be available from funding reserved for statewide workforce investment activities.
(h) Review the status and structure of local workforce investment areas in the State, in coordination with the Governor and the Governors Workforce [Investment] Development Board.
(i) Report periodically to the Governors Workforce [Investment] Development Board concerning the administration of the policies and programs of the Governors Office of Workforce Innovation.
(j) On or before March 31 of each year, submit to the Governor a complete report of the activities, discussions, findings and recommendations of the Governors Office of Workforce Innovation.
(k) Suggest improvements regarding the allocation of federal and state money to align workforce training and related education programs in the State, including, without limitation, career and technical education.
(l) On or before January 1 of each year, collect and analyze data as needed to create a written report for the purposes of this paragraph, and submit such a report to the Director of the Legislative Counsel Bureau. The report must include, without limitation:
(1) Statistical data based on an analysis of the number of persons within this State who are engaged in an occupation or profession that is regulated by a regulatory body in relation to the total population of this State or any geographic area within this State;
(2) The demand within this State or any geographic area within this State for the types of services provided by persons within this State who are engaged in an occupation or profession that is regulated by a regulatory body; and
(3) Any other factors relating to the types of services provided by persons within this State who are engaged in an occupation or profession that is regulated by a regulatory body that adversely affect public health or safety.
Κ As used in this paragraph, regulatory body has the meaning ascribed to it in NRS 622.060.
(m) On or before January 1 of each year, submit to the Director of the Legislative Counsel Bureau a written report that includes, without limitation, the most current data and reports produced by the statewide longitudinal data system.
Sec. 5. NRS 360.752 is hereby amended to read as follows:
360.752 1. A person who intends to locate or expand a business in this State may apply to the Office of Economic Development pursuant to this section for a partial abatement of the tax imposed on the new or expanded business pursuant to chapter 361 of NRS.
2. The Office of Economic Development shall approve an application for a partial abatement pursuant to this section if the Office makes the following determinations:
(a) The business is in one or more of the industry sectors for economic development promoted, identified or otherwise approved by the Governors Workforce [Investment] Development Board described in NRS 232.935.
(b) The business is consistent with:
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(1) The State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053; and
(2) Any guidelines adopted by the Executive Director of the Office to implement the State Plan for Economic Development.
(c) Not later than 1 year after the date on which the application was received by the Office, the applicant has executed an agreement with the Office which must:
(1) Comply with the requirements of NRS 360.755;
(2) Require the business to submit to the Department the reports required by paragraph (c) of subsection 1 of NRS 218D.355;
(3) State the agreed terms of the partial abatement, which must comply with the requirements of subsection 4;
(4) State the date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application and not later than 1 year after the date on which the Office approves the application;
(5) State that the business will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 5, continue in operation in this State for a period specified by the Office, which must be at least 5 years, and will continue to meet the eligibility requirements set forth in this subsection; and
(6) Bind the successors in interest of the business for the specified period.
(d) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.
(e) The business does not receive:
(1) Any funding from a governmental entity, other than any private activity bonds as defined in 26 U.S.C. § 141; or
(2) Any real or personal property from a governmental entity at no cost or at a reduced cost.
(f) The average hourly wage that will be paid by the business to its new employees in this State is at least 100 percent of the average statewide hourly wage or the average countywide hourly wage, whichever is less, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.
(g) The business will offer a health insurance plan for all full-time employees that includes an option for health insurance coverage for dependents of those employees, or will abide by all applicable provisions of the Patient Protection and Affordable Care Act, Public Law 111-148, or both, and the benefits the business offers to its employees in this State will meet the minimum requirements for benefits established by the Office.
(h) The business meets the following requirements:
(1) The business makes a capital investment of at least $1,000,000 in a program of the University of Nevada, Reno, the University of Nevada, Las Vegas, or the Desert Research Institute to be used in support of research, development or training related to the field of endeavor of the business.
(2) The business will employ 15 or more full-time employees for the duration of the abatement.
(3) The business will employ two or more graduate students from the program in which the capital investment is made on a part-time basis during years 2 through 5, inclusive, of the abatement.
κ2023 Statutes of Nevada, Page 351 (CHAPTER 71, AB 98)κ
(4) The business submits with its application for a partial abatement:
(I) A letter of support from the institution in which the capital investment is made, which is signed by the chief administrative officer of the institution and the director or chair of the program or the appropriate department, and which includes, without limitation, a summary of the financial and other resources the business will provide to the program and an agreement that the institution will provide to the Office periodic reports, at such times and containing such information as the Office may require, regarding the use of those resources; and
(II) A letter of support which is signed by the chair of the board of directors of the regional economic development authority within whose jurisdiction the institution is located and which includes, without limitation, a summary of the role the business will play in diversifying the economy and, if applicable, in achieving the broader goals of the regional economic development authority for economic development and diversification.
(i) In lieu of meeting the requirements of paragraph (h), the business meets the following requirements:
(1) The business makes a capital investment of at least $500,000 in the Nevada State College or an institution of the Nevada System of Higher Education other than those set forth in subparagraph (1) of paragraph (h), to be used in support of college certification or in support of research or training related to the field of endeavor of the business.
(2) The business will employ 15 or more full-time employees for the duration of the abatement.
(3) The business will employ two or more students from the college or institution in which the capital investment is made on a full-time basis during years 2 through 5, inclusive, of the abatement.
(4) The business submits with its application for a partial abatement:
(I) A letter of support from the college or institution in which the capital investment is made, which is signed by the chief administrative officer of the college or institution and which includes, without limitation, a summary of the financial and other resources the business will provide to the program and an agreement that the college or institution will provide to the Office periodic reports, at such times and containing such information as the Office may require, regarding the use of those resources; and
(II) A letter of support which is signed by the chair of the board of directors of the regional economic development authority within whose jurisdiction the college or institution is located and which includes, without limitation, a summary of the role the business will play in diversifying the economy and, if applicable, in achieving the broader goals of the regional economic development authority for economic development and diversification.
3. Notwithstanding the provisions of subsection 2, the Office of Economic Development:
(a) Shall furnish to the board of county commissioners of each affected county a copy of each application for a partial abatement pursuant to this section.
(b) Shall not consider an application for a partial abatement pursuant to this section unless the Office has requested a letter of acknowledgment of the request for the abatement from any affected county, school district, city or town.
κ2023 Statutes of Nevada, Page 352 (CHAPTER 71, AB 98)κ
(c) Shall not approve an application for a partial abatement pursuant to this section unless the abatement is approved or deemed approved as described in this paragraph. The board of county commissioners of each affected county must approve or deny the application not later than 30 days after the board of county commissioners receives a copy of the application as described in paragraph (a). If the board of county commissioners does not approve or deny the application within 30 days after the board of county commissioners receives a copy of the application, the application shall be deemed approved.
(d) May, if the Office determines that such action is necessary add additional requirements that a business must meet to qualify for a partial abatement pursuant to this section.
4. If the Office of Economic Development approves an application for a partial abatement pursuant to this section:
(a) The total amount of the abatement must not exceed;
(1) Fifty percent of the amount of the taxes imposed on the personal property of the business pursuant to chapter 361 of NRS during the period of the abatement; or
(2) Fifty percent of the amount of the capital investment by the business,
Κ whichever amount is less;
(b) The duration of the abatement must be for 5 years; and
(c) The abatement applies only to the business for which the abatement was approved pursuant to this section and the property used in connection with that business.
5. If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the Office shall immediately forward a certificate of eligibility for the abatement to:
(a) The Department;
(b) The Nevada Tax Commission; and
(c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer of the county in which the business will be located.
6. An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the Executive Director of the Office of Economic Development, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.
7. If an applicant for a partial abatement pursuant to this section fails to execute the agreement described in paragraph (c) of subsection 2 within 1 year after the date on which the application was received by the Office, the applicant shall not be approved for a partial abatement pursuant to this section unless the applicant submits a new application.
8. If a business whose partial abatement has been approved pursuant to this section and is in effect ceases to meet the requirements set forth in subsection 2 or ceases operation before the time specified in the agreement described in paragraph (c) of subsection 2:
(a) The business shall repay to the county treasurer the amount of the partial abatement that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the partial abatement required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.
κ2023 Statutes of Nevada, Page 353 (CHAPTER 71, AB 98)κ
business shall, in addition to the amount of the partial abatement required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.
(b) The applicable institution of higher education is entitled to keep the entire capital investment made by the business in that institution.
9. A county treasurer:
(a) Shall deposit any money that he or she receives pursuant to subsection 8 in one or more of the funds established by a local government of the county pursuant to NRS 354.6113 or 354.6115; and
(b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.6113 and 354.6115.
10. The Office of Economic Development:
(a) Shall adopt regulations relating to the minimum level of benefits that a business must provide to its employees to qualify for a partial abatement pursuant to this section; and
(b) May adopt such regulations as the Office determines to be necessary to carry out the provisions of this section.
11. The Nevada Tax Commission:
(a) Shall adopt regulations regarding any security that a business is required to post to qualify for a partial abatement pursuant to this section; and
(b) May adopt such other regulations as the Nevada Tax Commission determines to be necessary to carry out the provisions of this section.
12. An applicant for a partial abatement pursuant to this section who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.
13. Except as otherwise provided in this subsection, as used in this section, capital investment includes, without limitation, an investment of real or personal property, money or other assets by a business in an institution of the Nevada System of Higher Education. The Office of Economic Development may, by regulation, specify the types of real or personal property or assets that are included within the definition of capital investment.
Sec. 6. NRS 388.385 is hereby amended to read as follows:
388.385 1. If the board of trustees of a school district has established a program of career and technical education pursuant to NRS 388.380 and to the extent that money is available from this State or the Federal Government, the superintendent of schools of the school district or his or her designee shall:
(a) Appoint an advisory technical skills committee consisting of:
(1) Representatives of businesses and industries in the community or region;
(2) Employees of the school district who possess knowledge and experience in career and technical education;
(3) Pupils enrolled in programs of career and technical education in the school district;
(4) Parents and legal guardians of pupils enrolled in programs of career and technical education in the school district;
κ2023 Statutes of Nevada, Page 354 (CHAPTER 71, AB 98)κ
(5) Representatives of postsecondary educational institutions that provide career and technical education;
(6) Members of the Governors Workforce [Investment] Development Board described in NRS 232.935 or local entities for the development of the workforce;
(7) Representatives of special populations, as defined in 20 U.S.C. § 2302;
(8) Representatives of regional or local agencies serving out-of-school youth, homeless children and youth and youth who are at risk, as defined in 20 U.S.C. § 6472;
(9) Representatives of Indian tribes and tribal organizations, where applicable; and
(10) Other interested stakeholders, as prescribed by regulation of the State Board; or
(b) Consult regularly with persons in each category listed in paragraph (a) to carry out the duties prescribed for an advisory technical skills committee in subsection 2.
2. An advisory technical skills committee established pursuant to paragraph (a) of subsection 1 shall meet regularly to:
(a) Provide input on updates to the comprehensive needs assessment conducted pursuant to 20 U.S.C. § 2354;
(b) Review the instructional supplies, equipment and operation of the program of career and technical education to determine its effectiveness in preparing pupils enrolled in the program to enter the workforce, apprenticeships or college and meet the needs of businesses and industries in the region concerning their workforce;
(c) Advise the school district regarding credentials that are valuable in relevant industries and trends in such industries;
(d) Provide technical assistance to the school district in designing and revising as necessary the curriculum for the program of career and technical education to meet the standards prescribed by the State Board; and
(e) In cooperation with businesses, industries, employer associations and employee organizations in the community, develop work-based learning experiences for pupils enrolled in the program of career and technical education. The work-based learning experiences must comply with the provisions of NRS 389.167.
3. The meetings of an advisory technical skills committee are not subject to the provisions of chapter 241 of NRS.
4. The members of an advisory technical skills committee serve without compensation.
Sec. 7. NRS 388.392 is hereby amended to read as follows:
388.392 1. Of state money appropriated for use in a fiscal year for programs of career and technical education, the State Board shall not use more than 7.5 percent to provide leadership and training activities in that fiscal year.
2. Before allocating state money, if any, to provide leadership and training activities, the State Board shall:
(a) Distribute 30 percent of the state money in the manner set forth in NRS 388.393; and
(b) Distribute not more than 5 percent of the state money to pupil organizations for career and technical education in the manner set forth in NRS 388.394.
κ2023 Statutes of Nevada, Page 355 (CHAPTER 71, AB 98)κ
3. After distributing the state money pursuant to subsection 2 and allocating state money, if any, to provide leadership and training activities, the State Board shall distribute the remainder of state money in the manner set forth in NRS 388.395.
4. The State Board shall request that representatives of the regional industry or sector [councils] partnerships established pursuant to subsection 2 of NRS 232.935 and the local workforce development boards provide recommendations to the Superintendent of Public Instruction on the awarding of grants pursuant to NRS 388.393.
5. As used in this section, leadership and training activities means:
(a) Activities by or for pupil organizations for career and technical education;
(b) Training activities for teachers of classes or programs of career and technical education;
(c) Activities at or for a conference of teachers of classes or programs of career and technical education;
(d) Promotion and marketing of classes or programs of career and technical education; and
(e) The development of standards and assessments of career and technical education for the purposes of leadership and training.
Sec. 8. NRS 388.393 is hereby amended to read as follows:
388.393 1. The board of trustees of a school district or the governing body of a charter school may apply to the State Board of Education for a grant for a program of career and technical education, to be paid for with money distributed pursuant to paragraph (a) of subsection 2 of NRS 388.392, by submitting an application to the person appointed pursuant to NRS 388.342.
2. The Superintendent of Public Instruction shall review the recommendations of the representatives of the regional industry or sector [councils] partnerships and the local workforce development boards and award grants for the purposes of developing new programs of career and technical education or improving or expanding existing programs of career and technical education. The awarding of grants must be based on the criteria established by regulation of the State Board of Education.
Sec. 9. NRS 704.7865 is hereby amended to read as follows:
704.7865 1. An electric utility shall offer an expanded solar access program to eligible customers within its service area in accordance with the provisions of this section. The size of the expanded solar access program shall not exceed:
(a) For an electric utility that primarily serves densely populated counties, a total capacity of 240,000 megawatt-hours; and
(b) For an electric utility that primarily serves less densely populated counties, a total capacity of 160,000 megawatt-hours.
2. The Commission shall adopt regulations establishing standards for the expanded solar access program. The regulations must:
(a) Advance the development of solar energy resources in this State, including, without limitation, utility scale and community-based solar resources;
(b) Provide for the expanded solar access program to include a reasonable mixture of community-based solar resources and utility scale solar resources;
κ2023 Statutes of Nevada, Page 356 (CHAPTER 71, AB 98)κ
(c) Provide a plan for community participation in the siting and naming of community-based solar resources;
(d) Provide for solar workforce innovations and opportunity programs related to the construction, maintenance and operation of solar resources, including opportunities for workforce training, apprenticeships or other job opportunities at community-based solar resources;
(e) Provide for equitably broadened access to solar energy;
(f) Provide for the creation of an expanded solar access program rate for participating eligible customers that:
(1) Is based, among other factors, on a new utility scale solar resource accepted by the Commission in an order issued pursuant to NRS 704.751, as approved by the Commission;
(2) Is a fixed rate that replaces the base tariff energy rate and deferred accounting adjustment charged by the electric utility for participating customers and which is adjusted in accordance with the Commissions quarterly calculations;
(3) For low-income eligible customers, provides for a lower rate, the cost of which must be allocated across all of the rate classes of the utility;
(4) For eligible customers who are not low-income eligible customers, provides stability and predictability and the opportunity for a lower rate; and
(5) Includes for all participating customers any other applicable charges including, without limitation, the universal energy charge, franchise fees, the renewable energy program rate and base tariff general rates, except that the Commission may reduce one or more of these charges for low-income eligible customers to ensure that such customers receive a lower rate pursuant to subparagraph (3);
(g) Establish a process for identifying noncontiguous geographic locations for community-based solar resources which, to the extent practicable, must be located in communities with higher levels of low-income eligible customers;
(h) Provide for the use of at least one utility scale solar resource and at least three but not more than ten community-based solar resources within the service territory of the electric utility;
(i) Require not less than 50 percent of the employees engaged or anticipated to be engaged in construction of community-based solar resources to be residents of this State, which residency may be demonstrated, without limitation, by a notarized statement of the employee that he or she is a resident of this State;
(j) Provide for a mechanism for the host sites of community-based solar resources to receive compensation from the utility for the use of such site;
(k) Provide for the use of a combination of new and other renewable energy facilities, which may be either utility scale or community-based solar resources, that were submitted to the Commission for approval after May 1, 2018, and that were not placed into operation before April 1, 2020;
(l) Provide for an application and selection process for eligible customers to participate in the program;
(m) Ensure reasonable and equitable participation by eligible customers within the service area of the electric utility;
(n) Ensure that eligible customers are able to participate in the program regardless of whether the customer owns, rents or leases the customers premises;
κ2023 Statutes of Nevada, Page 357 (CHAPTER 71, AB 98)κ
(o) Require that:
(1) Twenty-five percent of the capacity of the program, as provided in subsection 1, be reserved for low-income eligible customers;
(2) Twenty-five percent of the capacity of the program, as provided in subsection 1, be reserved for disadvantaged businesses and nonprofit organizations; and
(3) Fifty percent of the capacity of the program, as provided in subsection 1, be reserved for eligible customers who are fully bundled residential customers who own, rent or lease their residence and who certify in a statement which satisfies the requirements established by the Commission pursuant to paragraph (p) that they cannot install solar resources on their premises;
(p) Establish the requirements for a fully bundled residential customer to certify that he or she cannot install solar resources on his or her premises; and
(q) Establish standards for the form, content and manner of submission of an electric utilitys plan for implementing the expanded solar access program.
3. An electric utility shall file a plan for implementing the expanded solar access program in accordance with the regulations adopted by the Commission pursuant to subsection 2.
4. The Commission shall review the plan for the implementation of the expanded solar access program submitted pursuant to subsection 3 and issue an order approving, with or without modifications, or denying the plan within 210 days. The Commission may approve the plan if it finds that the proposed expanded solar access program complies with the regulations adopted by the Commission pursuant to subsection 2.
5. In administering the provisions of this section, the electric utility and the Commission shall establish as the preferred sites for utility scale development of solar energy resources pursuant to this section brownfield sites and land designated by the Secretary of the Interior as Solar Energy Zones and held by the Bureau of Land Management.
6. As used in this section:
(a) Brownfield site has the meaning ascribed to it in 42 U.S.C. § 9601.
(b) Community-based solar resource means a solar resource which has a nameplate capacity of not more than 1 megawatt and is owned and operated by the electric utility and connected to and used as a component of the distribution system of the electric utility.
(c) Disadvantaged business means a business for which:
(1) Fifty-one percent or more of the owners are women, veterans, members of a racial or ethnic minority group or otherwise part of a traditionally underrepresented group; and
(2) None of the owners has a net worth of more than $250,000, not including the equity held in the business or in a primary residence.
(d) Electric utility has the meaning ascribed to it in NRS 704.187.
(e) Electric utility that primarily serves densely populated counties has the meaning ascribed to it in NRS 704.110.
(f) Electric utility that primarily serves less densely populated counties has the meaning ascribed to it in NRS 704.110.
(g) Eligible customer means:
(1) A fully bundled general service customer; or
(2) A fully bundled residential customer of a utility.
κ2023 Statutes of Nevada, Page 358 (CHAPTER 71, AB 98)κ
(h) Fully bundled customer means a customer of an electric utility who receives energy, transmission, distribution and ancillary services from an electric utility.
(i) Fully bundled general service customer means a fully bundled customer who is a nonresidential customer with a kilowatt-hour consumption that does not exceed 10,000 kilowatt-hours per month.
(j) Fully bundled residential customer means a fully bundled customer who is a single-family or a multifamily residential customer.
(k) Low-income eligible customer means a natural person or household who is a fully bundled residential customer of a utility and has an income of not more than 80 percent of the area median income based on the guidelines published by the United States Department of Housing and Urban Development.
(l) Solar Energy Zone means an area identified and designated by the Bureau of Land Management as an area well-suited for utility-scale production of solar energy, and where the Bureau of Land Management will prioritize solar energy and associated transmission infrastructure development.
(m) Solar resource means a facility or energy system that uses a solar photovoltaic device to generate electricity.
(n) Solar workforce innovations and opportunity program means a workforce education, training and job placement program developed by the Department of Employment, Training and Rehabilitation and its appropriate regional industry or sector [council] partnership, if applicable, in conjunction with potential employers and community stakeholders.
(o) Utility scale solar resource means a solar resource which has a nameplate capacity of at least 50 megawatts and is interconnected directly to a substation of the electric utility through a generation step-up transformer.
Sec. 10. 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. 11. This act becomes effective upon passage and approval.
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