[Rev. 3/13/2024 9:50:22 AM]
κ2023 Statutes of Nevada, Page 933κ
Senate Bill No. 289Senator Nguyen
CHAPTER 168
[Approved: June 1, 2023]
AN ACT relating to crimes; expanding the applicability of enhanced penalties for assault or battery against a provider of health care under certain circumstances; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that an assault without a deadly weapon or battery without a deadly weapon or without substantial harm to the victim is generally punishable as a misdemeanor. (NRS 200.471, 200.481) A person who commits assault without a deadly weapon against a provider of health care in the performance of his or her duties where the perpetrator knows or should know that the victim is a provider of health care is instead guilty of: (1) a category D felony, if the perpetrator is a probationer, a prisoner who is in lawful custody or confinement or a parolee; and (2) in all other cases, a gross misdemeanor. (NRS 200.471) Additionally, a person who commits a battery against a provider of health care performing his or her duty is guilty of: (1) a gross misdemeanor, if the perpetrator knows or should know that the victim is a provider of health care; or (2) category B felony if the perpetrator knows or should know that the victim is a provider of health care and the battery involves substantial bodily harm or strangulation. (NRS 200.481) Sections 1 and 2 of this bill provide that, for those purposes, the term provider of health care includes: (1) a behavior analyst, assistant behavior analyst, registered behavior technician, mental health technician, public safety officer at a health care facility or participant in a program of training to provide emergency medical services; (2) a person who provides health care services in the home for compensation; or (3) any person who is employed by or volunteers at a health care facility and meets certain other requirements. Sections 1 and 2 additionally provide that the enhanced penalties for an assault or a battery against a provider of health care apply any time the provider of health care is assaulted or battered on the premises of a health care facility where the provider of health care performs his or her duty and the perpetrator knows or should know that the victim is a provider of health care, whether or not the provider of health care was performing his or her duty.
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 200.471 is hereby amended to read as follows:
200.471 1. As used in this section:
(a) Assault means:
(1) Unlawfully attempting to use physical force against another person; or
(2) Intentionally placing another person in reasonable apprehension of immediate bodily harm.
(b) Fire-fighting agency has the meaning ascribed to it in NRS 239B.020.
(c) Health care facility means a facility licensed pursuant to chapter 449 of NRS, an office of a person listed in NRS 629.031, a clinic or any other location, other than a residence, where health care is provided.
κ2023 Statutes of Nevada, Page 934 (CHAPTER 168, SB 289)κ
(d) Officer means:
(1) A person who possesses some or all of the powers of a peace officer;
(2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire department;
(4) A jailer, guard or other correctional officer of a city or county jail;
(5) A prosecuting attorney of an agency or political subdivision of the United States or of this State;
(6) A justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph;
(7) An employee of this State or a political subdivision of this State whose official duties require the employee to make home visits;
(8) A civilian employee or a volunteer of a law enforcement agency whose official duties require the employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to law enforcement; and
(III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the law enforcement agency;
(9) A civilian employee or a volunteer of a fire-fighting agency whose official duties require the employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to fire fighting or fire prevention; and
(III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the fire-fighting agency; or
(10) A civilian employee or volunteer of this State or a political subdivision of this State whose official duties require the employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to code enforcement; and
(III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for this State or a political subdivision of this State.
[(d)] (e) Provider of health care means [a] :
(1) A physician, a medical student, a perfusionist or a physician assistant licensed pursuant to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractic physician, a chiropractic assistant, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a medication aide - certified, a person who provides health care services in the home for compensation, a dentist, a dental student, a dental hygienist, a dental hygienist student, a pharmacist, a pharmacy student, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern, a behavior analyst, an assistant behavior analyst, a registered behavior technician, a mental health technician, a licensed dietitian, the holder of a license or a limited license issued under the provisions of chapter 653 of NRS, a public safety officer at a health care facility, an emergency medical technician, an advanced emergency medical technician , [and] a paramedic [.
κ2023 Statutes of Nevada, Page 935 (CHAPTER 168, SB 289)κ
a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern, a behavior analyst, an assistant behavior analyst, a registered behavior technician, a mental health technician, a licensed dietitian, the holder of a license or a limited license issued under the provisions of chapter 653 of NRS, a public safety officer at a health care facility, an emergency medical technician, an advanced emergency medical technician , [and] a paramedic [.
(e)] or a participant in a program of training to provide emergency medical services; or
(2) An employee of or volunteer for a health care facility who:
(I) Interacts with the public;
(II) Performs tasks related to providing health care; and
(III) Wears identification, clothing or a uniform that identifies the person as an employee or volunteer of the health care facility.
(f) School employee means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100 or 391.281.
[(f)] (g) Sporting event has the meaning ascribed to it in NRS 41.630.
[(g)] (h) Sports official has the meaning ascribed to it in NRS 41.630.
[(h)] (i) Taxicab has the meaning ascribed to it in NRS 706.8816.
[(i)] (j) Taxicab driver means a person who operates a taxicab.
[(j)] (k) Transit operator means a person who operates a bus or other vehicle as part of a public mass transportation system.
2. A person convicted of an assault shall be punished:
(a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the assault is not made with the use of a deadly weapon or the present ability to use a deadly weapon, for a misdemeanor.
(b) If the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(c) If paragraph (d) does not apply to the circumstances of the crime and if the assault [is] :
(1) Is committed upon [an] :
(I) An officer, [a provider of health care,] a school employee, a taxicab driver or a transit operator who is performing his or her duty ;
(II) A provider of health care while the provider of health care is performing his or her duty or is on the premises where he or she performs that duty; or [upon a]
(III) A sports official based on the performance of his or her duties at a sporting event ; and [the]
(2) The person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official,
Κ for a gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
κ2023 Statutes of Nevada, Page 936 (CHAPTER 168, SB 289)κ
(d) If the assault [is] :
(1) Is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee upon [an] :
(I) An officer, [a provider of health care,] a school employee, a taxicab driver or a transit operator who is performing his or her duty ;
(II) A provider of health care while the provider of health care is performing his or her duty or is on the premises where he or she performs that duty; or [upon a]
(III) A sports official based on the performance of his or her duties at a sporting event ; [by a probationer, a prisoner who is in lawful custody or confinement or a parolee,] and [the]
(2) The probationer, prisoner or parolee charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official,
Κ for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 2. NRS 200.481 is hereby amended to read as follows:
200.481 1. As used in this section:
(a) Battery means any willful and unlawful use of force or violence upon the person of another.
(b) Child means a person less than 18 years of age.
(c) Fire-fighting agency has the meaning ascribed to it in NRS 239B.020.
(d) Health care facility has the meaning ascribed to it in NRS 200.471.
(e) Officer means:
(1) A person who possesses some or all of the powers of a peace officer;
(2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire department;
(4) A jailer, guard, matron or other correctional officer of a city or county jail or detention facility;
(5) A prosecuting attorney of an agency or political subdivision of the United States or of this State;
(6) A justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including, without limitation, a person acting pro tempore in a capacity listed in this subparagraph;
(7) An employee of this State or a political subdivision of this State whose official duties require the employee to make home visits;
(8) A civilian employee or a volunteer of a law enforcement agency whose official duties require the employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to law enforcement; and
(III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the law enforcement agency;
κ2023 Statutes of Nevada, Page 937 (CHAPTER 168, SB 289)κ
(9) A civilian employee or a volunteer of a fire-fighting agency whose official duties require the employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to fire fighting or fire prevention; and
(III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the fire-fighting agency; or
(10) A civilian employee or volunteer of this State or a political subdivision of this State whose official duties require the employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to code enforcement; and
(III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for this State or a political subdivision of this State.
[(e)] (f) Provider of health care has the meaning ascribed to it in NRS 200.471.
[(f)] (g) School employee means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100 or 391.281.
[(g)] (h) Sporting event has the meaning ascribed to it in NRS 41.630.
[(h)] (i) Sports official has the meaning ascribed to it in NRS 41.630.
[(i)] (j) Strangulation means intentionally impeding the normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person in a manner that creates a risk of death or substantial bodily harm.
[(j)] (k) Taxicab has the meaning ascribed to it in NRS 706.8816.
[(k)] (l) Taxicab driver means a person who operates a taxicab.
[(l)] (m) Transit operator means a person who operates a bus or other vehicle as part of a public mass transportation system.
2. Except as otherwise provided in NRS 200.485, a person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:
(a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in this section or NRS 197.090, for a misdemeanor.
(b) If the battery is not committed with a deadly weapon, and either substantial bodily harm to the victim results or the battery is committed by strangulation, for a category C felony as provided in NRS 193.130.
(c) If:
(1) The battery is committed upon [an] :
(I) An officer, [provider of health care,] school employee, taxicab driver or transit operator who was performing his or her duty ;
(II) A provider of health care while the provider of health care is performing his or her duty or is on the premises where he or she performs that duty; or [upon a]
(III) A sports official based on the performance of his or her duties at a sporting event;
(2) The officer, provider of health care, school employee, taxicab driver, transit operator or sports official suffers substantial bodily harm or the battery is committed by strangulation; and
κ2023 Statutes of Nevada, Page 938 (CHAPTER 168, SB 289)κ
(3) The person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator or sports official,
Κ for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
(d) If the battery [is] :
(1) Is committed upon [an] :
(I) An officer, [provider of health care,] school employee, taxicab driver or transit operator who is performing his or her duty ;
(II) A provider of health care while the provider of health care is performing his or her duty or is on the premises where he or she performs that duty; or [upon a]
(III) A sports official based on the performance of his or her duties at a sporting event ; and [the]
(2) The person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator or sports official,
Κ for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.
(e) If the battery is committed with the use of a deadly weapon, and:
(1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
(2) Substantial bodily harm to the victim results or the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $10,000.
(f) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, without the use of a deadly weapon, whether or not substantial bodily harm results and whether or not the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
(g) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, with the use of a deadly weapon, and:
(1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years.
(2) Substantial bodily harm to the victim results or the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.
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κ2023 Statutes of Nevada, Page 939κ
Senate Bill No. 422Committee on Growth and Infrastructure
CHAPTER 169
[Approved: June 1, 2023]
AN ACT relating to public safety; establishing provisions governing the operation of a personal delivery device; imposing certain requirements on a personal delivery device operator; providing a civil penalty; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides pedestrians on or near a highway with certain rights and imposes certain duties. (NRS 484B.280-484B.297) Existing law authorizes the operation of a mobile carrying device on sidewalks and in crosswalks and provides that such a device has, in general, the rights and duties of a pedestrian. (NRS 484B.790)
Section 3 of this bill defines the term personal delivery device to mean an electrically powered device that: (1) is intended primarily to transport cargo on sidewalks, crosswalks and other pedestrian areas; and (2) is equipped with technology that allows navigation with or without the active control or monitoring of a natural person. Section 1 of this bill provides that a personal delivery device is not a vehicle for purposes of existing law governing travel on public highways. (NRS 482.135) Section 5 of this bill provides that a personal delivery device may only be operated at an institution within the Nevada System of Higher Education or on a sidewalk or crosswalk directly adjacent to such an institution while servicing the institution. Section 5: (1) authorizes a personal delivery device to operate on highways only if crossing at an intersection or within a crosswalk; (2) prohibits such a device from transporting hazardous material, transporting a person or unreasonably interfering with pedestrians or vehicle traffic; and (3) provides that such a device has, in general, the rights and duties of a pedestrian. Section 5 also requires a personal delivery device to include a unique identifying number and a means of identifying and contacting the personal delivery device operator. Section 4 of this bill defines the term personal delivery device operator to mean a person or entity that exercises control or monitoring over the operation and navigation of a personal delivery device, not including a person who solely: (1) requests or receives a delivery; (2) arranges for or dispatches a delivery; or (3) stores, charges or maintains a personal delivery device. Section 6 of this bill requires a personal delivery device operator to maintain a policy of general liability insurance to cover any damages caused by the operation of personal delivery devices under the control of the operator. Section 8 of this bill provides that a violation of the provisions of section 5 or 6 is a civil infraction. Section 7 of this bill makes a conforming change to indicate the proper placement of sections 3 and 4 in the Nevada Revised Statutes.
Existing law authorizes the governing body of a county or city, respectively, to enact ordinances which regulate the time, place and manner of operation of mobile carrying devices. (NRS 244.3565, 268.41015) Sections 9 and 10 of this bill create similar authority for personal delivery devices.
κ2023 Statutes of Nevada, Page 940 (CHAPTER 169, SB 422)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 482.135 is hereby amended to read as follows:
482.135 Except as otherwise provided in NRS 482.36348, vehicle means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway. The term does not include:
1. Devices moved by human power or used exclusively upon stationary rails or tracks;
2. Mobile homes or commercial coaches as defined in chapter 489 of NRS;
3. Electric bicycles;
4. Electric personal assistive mobility devices;
5. Electric scooters; [or]
6. A mobile carrying device as that term is defined in NRS 484B.029 [.] ; or
7. A personal delivery device as that term is defined in section 3 of this act.
Sec. 2. Chapter 484B of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 6, inclusive, of this act.
Sec. 3. 1. Personal delivery device means an electrically powered device that:
(a) Is designed to operate autonomously, semi-autonomously or remotely by a personal delivery device operator;
(b) Is equipped with technology that allows navigation with or without the active control or monitoring of a natural person;
(c) Is intended primarily to transport cargo on sidewalks, crosswalks and other pedestrian areas;
(d) Weighs less than 150 pounds when empty; and
(e) Has a maximum speed of 10 miles per hour.
2. The term does not include a mobile carrying device.
Sec. 4. Personal delivery device operator means a person or entity that exercises control or monitoring over the operation and navigation of a personal delivery device. The term does not include a person or entity who solely:
1. Requests or receives the delivery or services of a personal delivery device;
2. Arranges for or dispatches the requested services of a personal delivery device; or
3. Stores, charges or maintains a personal delivery device.
Sec. 5. 1. A personal delivery device may only be operated:
(a) At an institution within the Nevada System of Higher Education or upon a sidewalk or crosswalk directly adjacent to an institution within the Nevada System of Higher Education while servicing such an institution.
κ2023 Statutes of Nevada, Page 941 (CHAPTER 169, SB 422)κ
(b) If:
(1) The operator of the personal delivery device is capable of actively monitoring and remotely controlling the navigation and movement of the personal delivery device;
(2) The personal delivery device is equipped with a braking device that enables the personal delivery device to come to a controlled stop;
(3) The personal delivery device includes a unique identifying number and a means of identifying and contacting the personal delivery device operator; and
(4) The personal delivery device is operated in accordance with any requirements imposed by this section.
2. A personal delivery device operator may not allow a personal delivery device to:
(a) Operate on the highways of this State except when crossing at an intersection or within a crosswalk;
(b) Fail to comply with any traffic-control signal or devices that a pedestrian is obligated to comply with;
(c) Unreasonably interfere with pedestrians or vehicle traffic;
(d) Transport hazardous material as that term is defined in NRS 459.7024; or
(e) Transport a person.
3. A personal delivery device has all the rights and duties of a pedestrian except those which by their nature can have no application or as otherwise provided in this section.
4. A violation of this section:
(a) Is not a misdemeanor;
(b) Shall not be deemed a moving traffic violation; and
(c) Is punishable by the imposition of a civil penalty of $250.
5. As used in this section, institution within the Nevada System of Higher Education means any institution, branch, facility, department, office or housing of, or used by or for the benefit of, the Nevada System of Higher Education or students or faculty of the System. The term includes, without limitation, campuses, offices, facilities and housing for students or faculty, whether owned or not owned by the System, and property which is directly adjacent to property that is owned and managed by the System.
Sec. 6. A personal delivery device operator shall maintain an insurance policy that provides general liability coverage of not less than $500,000 for any damages arising from the combined operations of any personal delivery devices under the control of the personal delivery device operator.
Sec. 7. NRS 484B.003 is hereby amended to read as follows:
484B.003 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 484B.007 to 484B.077, inclusive, and sections 3 and 4 of this act have the meanings ascribed to them in those sections.
κ2023 Statutes of Nevada, Page 942 (CHAPTER 169, SB 422)κ
Sec. 8. NRS 484B.760 is hereby amended to read as follows:
484B.760 1. It is a civil infraction punishable pursuant to NRS 484A.703 to 484A.705, inclusive, for any person to do any act forbidden or fail to perform any act required in NRS 484B.768 to 484B.790, inclusive [.] and sections 5 and 6 of this act.
2. The parent of any child and the guardian of any ward shall not authorize or knowingly permit the child or ward to violate any of the provisions of chapters 484A to 484E, inclusive, of NRS.
3. The provisions applicable to bicycles, electric bicycles and electric scooters apply whenever a bicycle, an electric bicycle or an electric scooter is operated upon any highway or upon any path set aside for the exclusive use of bicycles, electric bicycles and electric scooters subject to those exceptions stated herein.
Sec. 9. NRS 244.3565 is hereby amended to read as follows:
244.3565 1. Except as otherwise provided in [subsection 2,] this section, the board of commissioners of each county in this State may, to protect the health and safety of the public, enact an ordinance which [regulates] :
(a) Regulates the time, place and manner of the operation of a mobile carrying device or personal delivery device in the unincorporated areas of the county, including, without limitation, by prohibiting the use of a mobile carrying device or personal delivery device in a specified area of the county [.] ; and
(b) Establishes additional standards for the safe operation of a personal delivery device.
2. A board of county commissioners, in enacting an ordinance pursuant to subsection 1, may not prohibit the use of a mobile carrying device on a sidewalk in the county that is more than 36 inches wide.
3. The board of county commissioners of each county in this State may not enact an ordinance which regulates:
(a) The design, manufacture, maintenance, taxation or assessment of a personal delivery device; or
(b) The types of property, other than alcohol and cannabis, that may be transported by a personal delivery device.
4. Nothing in this section shall be construed to prohibit a board of county commissioners from requiring a personal delivery device operator to obtain from the county a business license or pay any business license fee in the same manner that is generally applicable to any other business that operates within the jurisdiction of the board of county commissioners.
5. As used in this section [, mobile] :
(a) Mobile carrying device has the meaning ascribed to it in NRS 484B.029.
(b) Personal delivery device has the meaning ascribed to it in section 3 of this act.
(c) Personal delivery device operator has the meaning ascribed to it in section 4 of this act.
Sec. 10. NRS 268.41015 is hereby amended to read as follows:
268.41015 1. Except as otherwise provided in [subsection 2,] this section, the city council or other governing body of each incorporated city in this State, whether or not organized under general law or special charter, may, to protect the health and safety of the public, enact an ordinance which [regulates] :
κ2023 Statutes of Nevada, Page 943 (CHAPTER 169, SB 422)κ
(a) Regulates the time, place and manner of the operation of a mobile carrying device or personal delivery device in the city, including, without limitation, by prohibiting the use of a mobile carrying device or personal delivery device in a specified area of the city [.] ; and
(b) Establishes additional standards for the safe operation of a personal delivery device.
2. A city council or governing body, in enacting an ordinance pursuant to subsection 1, may not prohibit the use of a mobile carrying device on a sidewalk in the city that is more than 36 inches wide.
3. The city council or other governing body of each incorporated city in this State, whether organized under general law or special charter, may not enact an ordinance which regulates:
(a) The design, manufacture, maintenance, taxation or assessment of a personal delivery device; or
(b) The types of property, other than alcohol and cannabis, that may be transported by a personal delivery device.
4. Nothing in this section shall be construed to prohibit a city council or governing body from requiring a personal delivery device operator to obtain from the city a business license or pay any business license fee in the same manner that is generally applicable to any other business that operates within the jurisdiction of the city council or governing body.
5. As used in this section [, mobile] :
(a) Mobile carrying device has the meaning ascribed to it in NRS 484B.029.
(b) Personal delivery device has the meaning ascribed to it in section 3 of this act.
(c) Personal delivery device operator has the meaning ascribed to it in section 4 of this act.
Sec. 11. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 10, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2024, for all other purposes.
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κ2023 Statutes of Nevada, Page 944κ
Senate Bill No. 423Committee on Growth and Infrastructure
CHAPTER 170
[Approved: June 1, 2023]
AN ACT relating to motorcycles; revising provisions relating to penalties for driving without a motorcycle drivers license, motorcycle endorsement or permit to operate a motorcycle; revising certain requirements for instructors for the Program for the Education of Motorcycle Riders; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits a resident of this State from driving a motorcycle upon a highway unless that person holds a valid motorcycle drivers license, a drivers license with a motorcycle endorsement or a permit to operate a motorcycle. (NRS 486.061) Existing law also provides that any person who violates this requirement is guilty of a misdemeanor. (NRS 486.381) Section 3 of this bill provides that a court must allow such a person to complete a course of motorcycle safety in lieu of imposing a fine for such a violation which must be completed within 9 months of the issuance of the final order.
Existing law requires the Director of the Department of Motor Vehicles to establish the Program for the Education of Motorcycle Riders and sets forth certain eligibility requirements for instructors of the Program. (NRS 486.372, 486.375) Section 6 of this bill removes the eligibility requirements that a Program instructor: (1) be a resident of this State or a member of the Armed Forces of the United States stationed at a military installation located in Nevada; and (2) has held a motorcycle drivers license or endorsement for at least 2 years.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1 and 2. (Deleted by amendment.)
Sec. 3. NRS 486.061 is hereby amended to read as follows:
486.061 1. Except for a nonresident who is at least 16 years of age and is authorized by the persons state of residency to drive a motorcycle, a person shall not drive:
[1.] (a) A motorcycle, except a trimobile, upon a highway unless that person holds a valid motorcycle drivers license issued pursuant to NRS 486.011 to 486.381, inclusive, a drivers license issued pursuant to chapter 483 of NRS endorsed to authorize the holder to drive a motorcycle or a permit issued pursuant to subsection 4 or 5 of NRS 483.280.
[2.] (b) A trimobile upon a highway unless that person holds a valid motorcycle drivers license issued pursuant to NRS 486.011 to 486.381, inclusive, or a drivers license issued pursuant to chapter 483 of NRS.
2. If, pursuant to NRS 486.381, a court of competent jurisdiction finds that a person has violated the requirement of paragraph (a) of subsection 1, the court shall permit the person to complete a course of motorcycle safety in lieu of assessing a fine for the violation. The course of motorcycle safety must be completed within 9 months after the date of the final order of the court and proof of successful completion of the course must be filed with the court.
κ2023 Statutes of Nevada, Page 945 (CHAPTER 170, SB 423)κ
date of the final order of the court and proof of successful completion of the course must be filed with the court.
Secs. 4 and 5. (Deleted by amendment.)
Sec. 6. NRS 486.375 is hereby amended to read as follows:
486.375 1. A person who:
(a) [Is a resident of this State or is a member of the Armed Forces of the United States stationed at a military installation located in Nevada;
(b)] Is at least 21 years old;
[(c)] (b) Holds a motorcycle drivers license or a motorcycle endorsement to a drivers license issued by the Department;
[(d) Has held a motorcycle drivers license or endorsement for at least 2 years; and
(e)] and
(c) Is certified as an instructor of motorcycle riders by a nationally recognized public or private organization which is approved by the Director,
Κ may apply to the Department for a license as an instructor for the Program.
2. The Department shall not license a person as an instructor if, within 2 years before the person submits an application for a license:
(a) The person has accumulated three or more demerit points pursuant to the uniform system of demerit points established pursuant to NRS 483.473, or has been convicted of, or found to have committed, traffic violations of comparable number and severity in another jurisdiction; or
(b) The persons drivers license was suspended or revoked in any jurisdiction.
3. The Director shall adopt standards and procedures for the licensing of instructors for the Program.
Sec. 6.5. (Deleted by amendment.)
Sec. 7. 1. This section becomes effective upon passage and approval.
2. Sections 1, 2, 5, 6 and 6.5 of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2024, for all other purposes.
3. Section 3 of this act becomes effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2025, for all other purposes.
4. Section 4 of this act becomes effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2032, for all other purposes.
________
κ2023 Statutes of Nevada, Page 946κ
Senate Bill No. 292Senator Pazina
CHAPTER 171
[Approved: June 1, 2023]
AN ACT relating to education; providing that certain principals are employed at will; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 2 of this bill provides that during the first 3 years of employment by a school district, a principal is employed at will. Section 2 also provides that if a principal completes the 3-year probationary period, the principal again becomes an at-will employee if, in 2 consecutive school years: (1) the rating of the school to which the principal is assigned pursuant to the statewide system of accountability for public schools is reduced by one or more levels or remains at the lowest level possible; and (2) fifty percent or more of the teachers assigned to the school request a transfer to another school. Section 2 further provides that such a principal is subject to nonrenewal of his or her contract on recommendation of the superintendent of the school district.
Sections 4-10 of this bill make changes to conform with the changes made by section 2.
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 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. During the first 3 years of his or her employment by a school district in the position of principal, a principal is employed at will in that position. A principal who is reassigned pursuant to this subsection is entitled to a written statement of the reason for the reassignment. If the principal was previously employed by the school district in another position and is reassigned pursuant to this section, the principal is entitled to be assigned to his or her former position at the rate of compensation provided for that position.
2. A principal who completes the probationary period set forth in NRS 391.820 by a principal is again employed at will if, in each of 2 consecutive school years:
(a) The rating of the school to which the principal is assigned, as determined by the Department pursuant to the statewide system of accountability for public schools, is reduced by one or more levels or remains at the lowest level possible; and
(b) Fifty percent or more of the teachers assigned to the school request a transfer to another school.
3. If the events described in paragraphs (a) and (b) of subsection 2 occur with respect to a school for any school year:
(a) The school associate superintendent or other administrator of the school district who oversees the school must provide mentoring to the principal of the school; and
(b) The school district shall conduct a survey of the teachers assigned to the school to evaluate conditions at the school and the reasons given by teachers who requested a transfer to another school.
κ2023 Statutes of Nevada, Page 947 (CHAPTER 171, SB 292)κ
teachers who requested a transfer to another school. The results of the survey do not affect the employment status of the principal of the school.
4. A principal described in subsection 2 is subject to nonrenewal of his or her contract on recommendation of the superintendent. If the contract of the principal is not renewed pursuant to this subsection and the principal was previously employed by the school district in another position, the principal is entitled to be assigned to his or her former position at the rate of compensation provided for that position.
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 391.650 is hereby amended to read as follows:
391.650 As used in NRS 391.650 to 391.826, inclusive, and section 2 of this act, unless the context otherwise requires:
1. Administrator means any employee who holds a license as an administrator and who is employed in that capacity by a school district.
2. Board means the board of trustees of the school district in which a licensed employee affected by NRS 391.650 to 391.826, inclusive, and section 2 of this act is employed.
3. Demotion means demotion of an administrator to a position of lesser rank, responsibility or pay and does not include transfer or reassignment for purposes of an administrative reorganization.
4. Immorality means:
(a) An act forbidden by NRS 200.366, 200.368, 200.400, 200.508, 201.180, 201.190, 201.210, 201.220, 201.230, 201.265, 201.540, 201.560, 207.260, 453.316 to 453.336, inclusive, except an act forbidden by NRS 453.337, 453.338, 453.3385 to 453.3405, inclusive, 453.560 or 453.562; or
(b) An act forbidden by NRS 201.540 or any other sexual conduct or attempted sexual conduct with a pupil enrolled in an elementary or secondary school. As used in this paragraph, sexual conduct has the meaning ascribed to it in NRS 201.520.
5. Postprobationary employee means an administrator or a teacher who has completed the probationary period as provided in NRS 391.820 and has been given notice of reemployment. The term does not include a person who is deemed to be a probationary employee pursuant to NRS 391.730.
6. Probationary employee means:
(a) An administrator or a teacher who is employed for the period set forth in NRS 391.820; and
(b) A person who is deemed to be a probationary employee pursuant to NRS 391.730.
7. Superintendent means the superintendent of a school district or a person designated by the board or superintendent to act as superintendent during the absence of the superintendent.
8. Teacher means a licensed employee the majority of whose working time is devoted to the rendering of direct educational service to pupils of a school district.
Sec. 5. NRS 391.655 is hereby amended to read as follows:
391.655 1. The demotion, suspension, dismissal and nonreemployment provisions of NRS 391.650 to 391.826, inclusive, and section 2 of this act do not apply to:
(a) Substitute teachers; or
(b) Adult education teachers.
2. The admonition, demotion, suspension, dismissal and nonreemployment provisions of NRS 391.650 to 391.800, inclusive, do not apply to:
κ2023 Statutes of Nevada, Page 948 (CHAPTER 171, SB 292)κ
(a) A probationary teacher. The policy for evaluations prescribed in NRS 391.685 and 391.725 applies to a probationary teacher.
(b) A principal described in subsection 1 of section 2 of this act with respect to his or her employment as a principal.
(c) A principal who is employed at will pursuant to subsection 2 of section 2 of this act.
(d) A new employee who is employed as a probationary administrator primarily to provide administrative services at the school level and not primarily to provide direct instructional services to pupils, regardless of whether licensed as a teacher or administrator, including, without limitation, a principal and vice principal. [The]
Κ Insofar as the policy is consistent with the provisions of section 2 of this act, the policy for evaluations prescribed in NRS 391.700 and 391.725 applies to [such a probationary] any administrator [.] described in this subsection.
3. The admonition, demotion and suspension provisions of NRS 391.650 to 391.800, inclusive, do not apply to a postprobationary teacher who is employed as a probationary administrator primarily to provide administrative services at the school level and not primarily to provide direct instructional services to pupils, regardless of whether licensed as a teacher or administrator, including, without limitation, a principal and vice principal, with respect to his or her employment in the administrative position. The policy for evaluations prescribed in NRS 391.700 and 391.725 applies to such a probationary administrator.
4. The provisions of NRS 391.650 to 391.800, inclusive, do not apply to a teacher whose employment is suspended or terminated pursuant to subsection 3 of NRS 391.120 or NRS 391.3015 for failure to maintain a license in force.
5. A licensed employee who is employed in a position fully funded by a federal or private categorical grant or to replace another licensed employee during that employees leave of absence is employed only for the duration of the grant or leave. Such a licensed employee and licensed employees who are employed on temporary contracts for 90 school days or less, or its equivalent in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, to replace licensed employees whose employment has terminated after the beginning of the school year are entitled to credit for that time in fulfilling any period of probation and during that time the provisions of NRS 391.650 to 391.826, inclusive, and section 2 of this act for demotion, suspension or dismissal apply to them.
Sec. 6. NRS 391.660 is hereby amended to read as follows:
391.660 Excluding the provisions of NRS 391.730, and section 2 of this act, the provisions of NRS 391.650 to 391.826, inclusive, do not apply to a teacher [, administrator] or other licensed employee who has entered into a contract with the board negotiated pursuant to chapter 288 of NRS if the contract contains separate provisions relating to the boards right to dismiss or refuse to reemploy the employee . [or demote an administrator.]
Sec. 7. NRS 391.700 is hereby amended to read as follows:
391.700 Except as otherwise provided in section 2 of this act:
1. Each board, following consultation with and involvement of elected representatives of administrative personnel or their designated representatives, shall develop an objective policy for the objective evaluation of administrators in narrative form. The policy must provide for the evaluation of those administrators who provide primarily administrative services at the school level and who do not provide primarily direct instructional services to pupils, regardless of whether such an administrator is licensed as a teacher or administrator, including, without limitation, a principal and a vice principal.
κ2023 Statutes of Nevada, Page 949 (CHAPTER 171, SB 292)κ
evaluation of those administrators who provide primarily administrative services at the school level and who do not provide primarily direct instructional services to pupils, regardless of whether such an administrator is licensed as a teacher or administrator, including, without limitation, a principal and a vice principal. The policy must also provide for the evaluation of those administrators at the district level who provide direct supervision of the principal of a school. The policy must comply with the statewide performance evaluation system established by the State Board pursuant to NRS 391.465. The policy may include an evaluation by the administrator, superintendent, pupils or other administrators or any combination thereof. A copy of the policy adopted by the board must be filed with the Department and made available to the Commission.
2. The person charged with the evaluation of an administrator pursuant to NRS 391.705 or 391.710 shall hold a conference with the administrator before and after each scheduled observation of the administrator during the school year.
Sec. 8. NRS 391.730 is hereby amended to read as follows:
391.730 [A] Except as otherwise provided in section 2 of this act, a postprobationary employee who receives an evaluation designating his or her overall performance as:
1. Ineffective; or
2. Developing during 1 year of the 2-year consecutive period and ineffective during the other year of the period,
Κ for 2 consecutive school years shall be deemed to be a probationary employee for the purposes of NRS 391.650 to 391.826, inclusive, and section 2 of this act and must serve an additional probationary period in accordance with the provisions of NRS 391.820.
Sec. 9. NRS 391.775 is hereby amended to read as follows:
391.775 Except as otherwise provided in section 2 of this act:
1. At least 15 days before recommending to a board that it demote, dismiss or not reemploy a postprobationary employee, the superintendent shall give written notice to the employee, by registered or certified mail, of the superintendents intention to make the recommendation.
2. The notice must:
(a) Inform the licensed employee of the grounds for the recommendation.
(b) Inform the employee that, if a written request therefor is directed to the superintendent within 10 days after receipt of the notice, the employee is entitled to a hearing before a hearing officer pursuant to NRS 391.765 to 391.800, inclusive, or if a dismissal of the employee will occur before the completion of the current school year or if the employee is deemed to be a probationary employee pursuant to NRS 391.730 and dismissal of the employee will occur before the completion of the current school year, the employee may request an expedited hearing pursuant to subsection 3.
(c) Refer to chapter 391 of NRS.
3. If a postprobationary employee or an employee who is deemed to be a probationary employee pursuant to NRS 391.730 receives notice that he or she will be dismissed before the completion of the current school year, the employee may request an expedited hearing pursuant to the Expedited Labor Arbitration Procedures established by the American Arbitration Association or its successor organization. If the employee elects to proceed under the expedited procedures, the provisions of NRS 391.770, 391.785 and 391.795 do not apply.
κ2023 Statutes of Nevada, Page 950 (CHAPTER 171, SB 292)κ
Sec. 10. NRS 391.820 is hereby amended to read as follows:
391.820 Except as otherwise provided in section 2 of this act:
1. A probationary employee is employed on a contract basis for three 1-year periods and has no right to employment after any of the three probationary contract years.
2. The board shall notify each probationary employee in writing during the first, second and third school years of the employees probationary period whether the employee is to be reemployed for the second or third year of the probationary period or for the fourth school year as a postprobationary employee. Such notice must be provided:
(a) On or before May 1; or
(b) On or before May 15 of an odd-numbered year so long as the board notifies the employee of the extension by April 1.
3. Failure of the board to notify the probationary employee in writing on or before May 1 or May 15, as applicable, in the first or second year of the probationary period does not entitle the employee to postprobationary status.
4. The employee must advise the board in writing during the first, second or third year of the employees probationary period of the employees acceptance of reemployment. Such notice must be provided:
(a) On or before May 10 if the board provided its notice on or before May 1; or
(b) On or before May 25 if the board provided a notice of an extension pursuant to paragraph (b) of subsection 2.
5. If a probationary employee is assigned to a school that operates all year, the board shall notify the employee in writing, in the first, second and third years of the employees probationary period, no later than 45 days before his or her last day of work for the year under his or her contract whether the employee is to be reemployed for the second or third year of the probationary period or for the fourth school year as a postprobationary employee. Failure of the board to notify a probationary employee in writing within the prescribed period in the first or second year of the probationary period does not entitle the employee to postprobationary status. The employee must advise the board in writing within 10 days after the date of notification of his or her acceptance or rejection of reemployment for another year. Failure to advise the board of the employees acceptance of reemployment pursuant to this subsection constitutes rejection of the contract.
6. A probationary employee who:
(a) Completes a 3-year probationary period;
(b) Receives a designation of highly effective or effective on each of his or her performance evaluations for 2 consecutive school years; and
(c) Receives a notice of reemployment from the school district in the third year of the employees probationary period,
Κ is entitled to be a postprobationary employee in the ensuing year of employment.
7. If a probationary employee is notified that the employee will not be reemployed for the school year following the 3-year probationary period, his or her employment ends on the last day of the current school year. The notice that the employee will not be reemployed must include a statement of the reasons for that decision.
κ2023 Statutes of Nevada, Page 951 (CHAPTER 171, SB 292)κ
8. A new employee who is employed as an administrator to provide primarily administrative services at the school level and who does not provide primarily direct instructional services to pupils, regardless of whether the administrator is licensed as a teacher or administrator, including, without limitation, a principal and vice principal, or a postprobationary teacher who is employed as an administrator to provide those administrative services shall be deemed to be a probationary employee for the purposes of this section and must serve a 3-year probationary period as an administrator in accordance with the provisions of this section. If:
(a) A postprobationary teacher who is an administrator is not reemployed as an administrator after any year of his or her probationary period; and
(b) There is a position as a teacher available for the ensuing school year in the school district in which the person is employed,
Κ the board of trustees of the school district shall, on or before May 1 or May 15, as applicable, offer the person a contract as a teacher for the ensuing school year. The person may accept the contract in writing on or before May 10 or May 25, as applicable. If the person fails to accept the contract as a teacher, the person shall be deemed to have rejected the offer of a contract as a teacher.
9. An administrator who has completed his or her probationary period pursuant to subsection 8 and is thereafter promoted to the position of principal must serve an additional probationary period of 1 year in the position of principal. If an administrator is promoted to the position of principal before completion of his or her probationary period pursuant to subsection 8, the administrator must serve the remainder of his or her probationary period pursuant to subsection 8 or an additional probationary period of 1 year in the position of principal, whichever is longer. If the administrator serving the additional probationary period is not reemployed as a principal after the expiration of the probationary period or additional probationary period, as applicable, the board of trustees of the school district in which the person is employed shall, on or before May 1 or May 15, as applicable, offer the person a contract for the ensuing school year for the administrative position in which the person attained postprobationary status. The person may accept the contract in writing on or before May 10 or May 25, as applicable. If the person fails to accept such a contract, the person shall be deemed to have rejected the offer of employment.
Sec. 11. Insofar as they conflict with the provisions of such an agreement, the amendatory provisions of this act do not apply during the current term of any contract of employment or collective bargaining agreement entered into before July 1, 2023, but do apply to any extension or renewal of such an agreement and to any agreement entered into on or after July 1, 2023. For the purposes of this section, the term of an agreement ends on the date provided in the agreement, notwithstanding any provision of the agreement that it remains in effect, in whole or in part, after that date until a successor agreement becomes effective.
Sec. 12. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 952κ
Assembly Bill No. 309Assemblywoman Hansen
CHAPTER 172
[Approved: June 1, 2023]
AN ACT relating to property rights; authorizing the use of electronic ballots for the election and removal of members of the executive board of a unit-owners association of a common-interest community and for the election of delegates or representatives to exercise the voting rights of units owners in an association; authorizing a member of the executive board who is subject to removal to submit a written request for a meeting of the executive board to discuss the members removal; revising requirements concerning the provision of certain notices by an association; specifying that an association is authorized to conduct a vote for the election or removal of a member of the executive board without a meeting; authorizing an association that conducts a vote without a meeting to allow the units owners to vote by using a voting machine; establishing requirements relating to the use of electronic voting for the election or removal of a member of the executive board without a meeting; authorizing money in the operating account of an association to be withdrawn without the usual required signatures for the purpose of making certain automatic and annual payments; requiring the Commission for Common-Interest Communities and Condominium Hotels to adopt regulations establishing the requirements relating to the transfer of certain items upon the termination or assignment of a management agreement; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law: (1) establishes the procedures for the election and removal of members of the executive board of a unit-owners association of a common-interest community and the election of delegates or representatives to exercise the voting rights of units owners in certain common-interest communities; and (2) requires that the election and removal of such members, as applicable, be conducted by secret written ballot. (NRS 116.31034, 116.31036, 116.31105) Sections 1 and 2 of this bill, respectively, authorize the use of secret electronic ballots for the election or removal of any member of the executive board and require that the results of such ballots be reviewed, announced and entered into the record at a meeting of the association. Section 4 of this bill makes conforming changes to provide the same authority and impose the same requirement with regard to the election of delegates or representatives to exercise the voting rights of units owners. Section 2 additionally provides that, with regard to the removal of a member of the executive board that will be voted on by secret ballot, the member who is the subject of the removal may submit a written request for a meeting of the executive board, which must occur before the meeting scheduled for a vote on the members removal, at which the removal will be discussed as an agenda item. Section 2 requires notice of such a requested meeting to be given to the units owners not later than 5 days after receipt of the written request.
κ2023 Statutes of Nevada, Page 953 (CHAPTER 172, AB 309)κ
Existing law requires, in general, any notice required to be given to a units owner by an association and any communication from or other information provided by the association to be delivered to the mailing or electronic mail address designated by the units owner, unless the units owner has opted out of receiving electronic communications or has not designated an electronic mail address. (NRS 116.31068) Section 2.5 of this bill eliminates such requirements for notice with respect to communications from and other information provided by the association and instead requires, with certain exceptions, such notices to be delivered to the electronic mail address that a units owner designates. Section 2.5 sets forth the manner in which an association is required to deliver such notices to a units owner who has opted out of receiving electronic notices or who has not designated an electronic mail address at which to receive notices.
Existing law authorizes an association to conduct a vote without a meeting unless conducting a vote in such a manner is prohibited or limited by the declaration or bylaws of the association. (NRS 116.311) Section 3 of this bill removes such an exception and specifies that an association is authorized to conduct a vote for the election or removal of a member of the executive board without a meeting.
Section 3 authorizes an association that conducts a vote without a meeting to allow the units owners to vote by using a voting machine that meets certain requirements. Section 3 also provides that if an association conducts a vote for the election or removal of a member of the executive board without a meeting and the executive board chooses to use electronic voting: (1) the association is required to send, within a certain time period, a paper ballot and a return envelope, prepaid by United States mail, to any units owner who has opted out of receiving electronic notices pursuant to section 2.5; (2) the association is required to send, within a certain time period, an electronic ballot to any units owner who has designated an electronic mail address at which to receive notices pursuant to section 2.5; (3) if the association allows units owners to vote by using a voting machine, the association is required to provide to a units owner the opportunity to opt out of voting by using a voting machine and instead receive a paper ballot; (4) a meeting of the units owners must be held to open and count the paper ballots and review and announce the results obtained from the electronic ballots or voting machine and enter the results into the meeting record; and (5) any electronic voting must be conducted by an independent third-party who meets certain requirements.
Existing law generally prohibits money in the operating account of an association from being withdrawn without the signatures of certain persons, but also establishes certain purposes for which money in the operating account may be withdrawn without such signatures. (NRS 116.31153) Section 5 of this bill additionally provides that money in the operating account of an association may be withdrawn without the usual required signatures for the purpose of making: (1) automatic payments for the cost of certain insurance policies, telecommunications services maintained by the association and services to the association that are billed on a monthly, quarterly or annual basis; and (2) annual payments to the Office of Ombudsman.
Existing law imposes certain requirements on community managers regarding the transfer of the possession of all books, records and other papers of a client upon the termination or assignment of a management agreement. (NRS 116A.620) Section 6 of this bill instead requires the Commission for Common-Interest Communities and Condominium Hotels to adopt regulations establishing the requirements relating to such a transfer. Section 7 of this bill makes a conforming change to remove the provisions of existing law relating to such a transfer when the Commission has adopted the regulations required by section 6.
Sections 8, 9, 9.5 and 10 of this bill generally replicate the changes made by sections 1, 2, 2.5 and 3 in the corresponding provisions of law that apply to condominium hotels. Section 11 of this bill replicates the existing provisions of and changes made to section 5 and applies such provisions to condominium hotels.
κ2023 Statutes of Nevada, Page 954 (CHAPTER 172, AB 309)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 116.31034 is hereby amended to read as follows:
116.31034 1. Except as otherwise provided in subsection 5 of NRS 116.212, not later than the termination of any period of declarants control, the units owners shall elect an executive board of at least three members, all of whom must be units owners. The executive board shall elect the officers of the association. Unless the governing documents provide otherwise, the officers of the association are not required to be units owners. The members of the executive board and the officers of the association shall take office upon election.
2. The term of office of a member of the executive board may not exceed 3 years, except for members who are appointed by the declarant. Unless the governing documents provide otherwise, there is no limitation on the number of terms that a person may serve as a member of the executive board.
3. The governing documents of the association must provide for terms of office that are staggered in such a manner that, to the extent possible, an equal number of members of the executive board are elected at each election. The provisions of this subsection do not apply to:
(a) Members of the executive board who are appointed by the declarant; and
(b) Members of the executive board who serve a term of 1 year or less.
4. Not less than 30 days before the preparation of a ballot for the election of members of the executive board, the secretary or other officer specified in the bylaws of the association shall cause notice to be given to each units owner of the units owners eligibility to serve as a member of the executive board. Each units owner who is qualified to serve as a member of the executive board may have his or her name placed on the ballot along with the names of the nominees selected by the members of the executive board or a nominating committee established by the association.
5. Before the secretary or other officer specified in the bylaws of the association causes notice to be given to each units owner of his or her eligibility to serve as a member of the executive board pursuant to subsection 4, the executive board may determine that if, at the closing of the prescribed period for nominations for membership on the executive board, the number of candidates nominated for membership on the executive board is equal to or less than the number of members to be elected to the executive board at the election, then:
(a) The association will not prepare or [mail] provide any ballots to units owners pursuant to this section; and
(b) The nominated candidates shall be deemed to be duly elected to the executive board at the meeting of the units owners at which the ballots would have been counted pursuant to paragraph (e) of subsection 15.
6. If the executive board makes the determination set forth in subsection 5, the secretary or other officer specified in the bylaws of the association shall disclose the determination and the provisions of subsection 5 with the notice given pursuant to subsection 4.
κ2023 Statutes of Nevada, Page 955 (CHAPTER 172, AB 309)κ
7. If, at the closing of the prescribed period for nominations for membership on the executive board, the number of candidates nominated for membership on the executive board is less than the number of members to be elected to the executive board at the election, the executive board may fill the remaining vacancies on the executive board by appointment of the executive board at a meeting of the executive board held after the candidates are elected pursuant to subsection 5. Any such person appointed to the executive board shall serve as a member of the executive board until the next regularly scheduled election of members of the executive board. An executive board member elected to a previously appointed position which was temporarily filled by board appointment pursuant to this subsection may only be elected to fulfill the remainder of that term.
8. If, at the closing of the prescribed period for nominations for membership on the executive board described in subsection 5, the number of candidates nominated for membership on the executive board is greater than the number of members to be elected to the executive board, then the association shall:
(a) Prepare and [mail] provide ballots to the units owners pursuant to this section; and
(b) Conduct an election for membership on the executive board pursuant to this section.
9. Each person who is nominated as a candidate for membership on the executive board pursuant to subsection 4 must:
(a) Make a good faith effort to disclose any financial, business, professional or personal relationship or interest that would result or would appear to a reasonable person to result in a potential conflict of interest for the candidate if the candidate were to be elected to serve as a member of the executive board; and
(b) Disclose whether the candidate is a member in good standing. For the purposes of this paragraph, a candidate shall not be deemed to be in good standing if the candidate has any unpaid and past due assessments or construction penalties that are required to be paid to the association.
Κ The candidate must make all disclosures required pursuant to this subsection in writing to the association with his or her candidacy information. Except as otherwise provided in this subsection, the association shall distribute the disclosures, on behalf of the candidate, to each member of the association with the ballot or, in the event ballots are not prepared and [mailed] provided pursuant to subsection 5, in the next regular mailing of the association. The association is not obligated to distribute any disclosure pursuant to this subsection if the disclosure contains information that is believed to be defamatory, libelous or profane.
10. Except as otherwise provided in subsections 11 and 12, unless a person is appointed by the declarant:
(a) A person may not be a candidate for or member of the executive board or an officer of the association if:
(1) The person resides in a unit with, is married to, is domestic partners with, or is related by blood, adoption or marriage within the third degree of consanguinity or affinity to another person who is also a member of the executive board or is an officer of the association;
(2) The person stands to gain any personal profit or compensation of any kind from a matter before the executive board of the association; or
κ2023 Statutes of Nevada, Page 956 (CHAPTER 172, AB 309)κ
(3) The person, the persons spouse or the persons parent or child, by blood, marriage or adoption, performs the duties of a community manager for that association.
(b) A person may not be a candidate for or member of the executive board of a master association or an officer of that master association if the person, the persons spouse or the persons parent or child, by blood, marriage or adoption, performs the duties of a community manager for:
(1) That master association; or
(2) Any association that is subject to the governing documents of that master association.
11. A person, other than a person appointed by the declarant, who owns 75 percent or more of the units in an association may:
(a) Be a candidate for or member of the executive board or an officer of the association; and
(b) Reside in a unit with, be married to, be domestic partners with, or be related by blood, adoption or marriage within the third degree of consanguinity or affinity to another person who is also a member of the executive board or is an officer of the association,
Κ unless the person owning 75 percent or more of the units in the association and the other person would constitute a majority of the total number of seats on the executive board.
12. A person, other than a person appointed by the declarant, may:
(a) Be a candidate for or member of the executive board; and
(b) Reside in a unit with, be married to, be domestic partners with, or be related by blood, adoption or marriage within the third degree of consanguinity or affinity to another person who is also a member of the executive board or is an officer of the association,
Κ if the number of candidates nominated for membership on the executive board is less than or equal to the number of members to be elected to the executive board.
13. If a person is not eligible to be a candidate for or member of the executive board or an officer of the association pursuant to any provision of this chapter, the association:
(a) Must not place his or her name on the ballot; and
(b) Must prohibit such a person from serving as a member of the executive board or an officer of the association.
14. An officer, employee, agent or director of a corporate owner of a unit, a trustee or designated beneficiary of a trust that owns a unit, a partner of a partnership that owns a unit, a member or manager of a limited-liability company that owns a unit, and a fiduciary of an estate that owns a unit may be an officer of the association or a member of the executive board. In all events where the person serving or offering to serve as an officer of the association or a member of the executive board is not the record owner, the person shall file proof in the records of the association that:
(a) The person is associated with the corporate owner, trust, partnership, limited-liability company or estate as required by this subsection; and
(b) Identifies the unit or units owned by the corporate owner, trust, partnership, limited-liability company or estate.
15. Except as otherwise provided in subsection 5 or NRS 116.311 or 116.31105, the election of any member of the executive board must be conducted by secret [written] ballot in the following manner:
κ2023 Statutes of Nevada, Page 957 (CHAPTER 172, AB 309)κ
(a) The secretary or other officer specified in the bylaws of the association shall cause a secret paper or electronic ballot to be provided to each units owner and :
(1) If a paper ballot is provided, shall send the ballot and a return envelope , [to be sent,] prepaid by United States mail, to the mailing address of each unit within the common-interest community or to any other mailing address designated in writing by the units owner [.] ; or
(2) If an electronic ballot is provided, shall provide the ballot or make the ballot available by electronic means to each units owner.
(b) Each units owner must be provided with at least 15 days after the date the secret [written] ballot is mailed , provided or made available to the units owner to return the secret [written] ballot to the association [.] by physical or electronic means.
(c) A quorum is not required for the election of any member of the executive board.
(d) Only the secret [written] ballots that [are returned to] the association receives by physical or electronic means may be counted to determine the outcome of the election.
(e) [The secret written ballots must be opened and counted at] At the meeting of the units owners held pursuant to subsection 1 of NRS 116.3108 [.] , the secret ballots physically received by the association must be opened and counted and the results of the secret ballots received by the association by electronic means must be reviewed, announced and entered into the record. A quorum is not required to be present when the secret [written] ballots physically received by the association are opened and counted or the results of the secret ballots received by the association by electronic means are reviewed, announced and entered into the record at the meeting.
(f) The incumbent members of the executive board and each person whose name is placed on the ballot as a candidate for membership on the executive board may not possess, be given access to or participate in the opening or counting of the secret [written] ballots that [are returned to] the association physically receives, or the collection of data regarding the secret ballots that the association receives by electronic means, before those secret [written] ballots have been opened and counted or reviewed, announced and entered into the record, as applicable, at a meeting of the association.
16. An association shall not adopt any rule or regulation that has the effect of prohibiting or unreasonably interfering with a candidate in the candidates campaign for election as a member of the executive board, except that the candidates campaign may be limited to 90 days before the date that ballots are required to be returned to the association.
17. A candidate who has submitted a nomination form for election as a member of the executive board may request that the association or its agent either:
(a) Send before the date of the election and at the associations expense, to the mailing address of each unit within the common-interest community or to any other mailing address designated in writing by the units owner a candidate informational statement. The candidate informational statement:
(1) Must be no longer than a single, typed page;
(2) Must not contain any defamatory, libelous or profane information; and
κ2023 Statutes of Nevada, Page 958 (CHAPTER 172, AB 309)κ
(3) May be sent with [the] a secret ballot mailed pursuant to subsection 15 or in a separate mailing; or
(b) To allow the candidate to communicate campaign material directly to the units owners, provide to the candidate, in paper format at a cost not to exceed 25 cents per page for the first 10 pages and 10 cents per page thereafter, in the format of a compact disc at a cost of not more than $5 or by electronic mail at no cost:
(1) A list of the mailing address of each unit, which must not include the names of the units owners or the name of any tenant of a units owner; or
(2) If the members of the association are owners of time shares within a time share plan created pursuant to chapter 119A of NRS and:
(I) The voting rights of those owners are exercised by delegates or representatives pursuant to NRS 116.31105, the mailing address of the delegates or representatives.
(II) The voting rights of those owners are not exercised by delegates or representatives, the mailing address of the association established pursuant to NRS 119A.520. If the mailing address of the association is provided to the candidate pursuant to this sub-subparagraph, the association must send to each owner of a time share within the time share plan the campaign material provided by the candidate. If the campaign material will be sent by mail, the candidate who provides the campaign material must provide to the association a separate copy of the campaign material for each owner and must pay the actual costs of mailing before the campaign material is mailed. If the campaign material will be sent by electronic transmission, the candidate must provide to the association one copy of the campaign material in an electronic format.
Κ The information provided pursuant to this paragraph must not include the name of any units owner or any tenant of a units owner. If a candidate who makes a request for the information described in this paragraph fails or refuses to provide a written statement signed by the candidate which states that the candidate is making the request to allow the candidate to communicate campaign material directly to units owners and that the candidate will not use the information for any other purpose, the association or its agent may refuse the request.
18. An association and its directors, officers, employees and agents are immune from criminal or civil liability for any act or omission which arises out of the publication or disclosure of any information related to any person and which occurs in the course of carrying out any duties required pursuant to subsection 17.
19. Each member of the executive board shall, within 90 days after his or her appointment or election, certify in writing to the association, on a form prescribed by the Administrator, that the member has read and understands the governing documents of the association and the provisions of this chapter to the best of his or her ability. The Administrator may require the association to submit a copy of the certification of each member of the executive board of that association at the time the association registers with the Ombudsman pursuant to NRS 116.31158.
Sec. 2. NRS 116.31036 is hereby amended to read as follows:
116.31036 1. Notwithstanding any provision of the declaration or bylaws to the contrary, any member of the executive board, other than a member appointed by the declarant, may be removed from the executive board, with or without cause, if at a removal election held pursuant to this section, the number of votes cast in favor of removal constitutes:
κ2023 Statutes of Nevada, Page 959 (CHAPTER 172, AB 309)κ
board, with or without cause, if at a removal election held pursuant to this section, the number of votes cast in favor of removal constitutes:
(a) At least 35 percent of the total number of voting members of the association; and
(b) At least a majority of all votes cast in that removal election.
2. A removal election may be called by units owners constituting at least 10 percent, or any lower percentage specified in the bylaws, of the total number of voting members of the association. To call a removal election, the units owners must submit a written petition which is signed by the required percentage of the total number of voting members of the association pursuant to this subsection and which is mailed, return receipt requested, or served by a process server to the executive board or the community manager for the association. If a removal election is called pursuant to this subsection and:
(a) The voting rights of the units owners will be exercised through the use of secret [written] ballots pursuant to this section:
(1) The secret [written] ballots for the removal election must be [sent] mailed, provided or made available in the manner required by this section not less than 15 days or more than 60 days after the date on which the petition is received . [; and]
(2) The executive board shall set the date for the meeting to open and count the secret [written] ballots physically received by the association and to review, announce and enter into the record the results of the secret ballots received by the association by electronic means so that the meeting is held not more than 15 days after the deadline for returning the secret [written] ballots by physical or electronic means and not later than 90 days after the date on which the petition was received.
(3) Upon written request submitted to the community manager, president or secretary of the association by a member of the executive board who is the subject of the removal election, the secretary or other officer specified in the bylaws of the association shall cause notice of a meeting of the executive board to be given to the units owners not later than 5 days after receipt of the written request. The notice must include the date, time and location of the meeting, as requested by the member of the executive board who is the subject of the removal election, and identify the removal of the member from the executive board as an agenda item listed for discussion. A meeting requested pursuant to this subparagraph must occur before the date for the meeting set by the executive board pursuant to subparagraph (2).
(b) The voting rights of the owners of time shares will be exercised by delegates or representatives as set forth in NRS 116.31105, the executive board shall set the date for the removal election so that the removal election is held not less than 15 days or more than 90 days after the date on which the petition is received.
Κ The association shall not adopt any rule or regulation which prevents or unreasonably interferes with the collection of the required percentage of signatures for a petition pursuant to this subsection.
3. Except as otherwise provided in NRS 116.311 or 116.31105, the removal of any member of the executive board must be conducted by secret [written] ballot in the following manner:
(a) The secretary or other officer specified in the bylaws of the association shall cause a secret paper or electronic ballot to be provided to each units owner and :
κ2023 Statutes of Nevada, Page 960 (CHAPTER 172, AB 309)κ
(1) If a paper ballot is provided, shall send the ballot and a return envelope , [to be sent,] prepaid by United States mail, to the mailing address of each unit within the common-interest community or to any other mailing address designated in writing by the units owner [.] ; or
(2) If an electronic ballot is provided, shall provide the ballot or make the ballot available by electronic means to each units owner.
(b) Each units owner must be provided with at least 15 days after the date the secret [written] ballot is mailed , provided or made available to the units owner to return the secret [written] ballot to the association [.] by physical or electronic means.
(c) Only the secret [written] ballots that [are returned to] the association receives by physical or electronic means may be counted to determine the outcome.
(d) [The secret written ballots must be opened and counted at] At a meeting of the association [.] , the secret ballots physically received by the association must be opened and counted and the results of the secret ballots received by the association by electronic means must be reviewed, announced and entered into the record. A quorum is not required to be present when the secret [written] ballots physically received by the association are opened and counted or the results of the secret ballots received by the association by electronic means are reviewed, announced and entered into the record at the meeting.
(e) The incumbent members of the executive board, including, without limitation, the member who is subject to the removal, may not possess, be given access to or participate in the opening or counting of the secret [written] ballots that [are returned to] the association physically receives, or the collection of data regarding the secret ballots that the association receives by electronic means, before those secret [written] ballots have been opened and counted or reviewed, announced and entered into the record, as applicable, at a meeting of the association.
Sec. 2.5. NRS 116.31068 is hereby amended to read as follows:
116.31068 1. Except as otherwise provided in [subsection 3 and unless a units owner opts out of receiving electronic communications or has not designated an electronic mail address,] subsections 2, 3 and 6, an association shall deliver any notice required to be given by the association under this chapter [and any communication from or other information provided by the association] to the [mailing or] electronic mail [addresses] address a units owner designates.
2. Except as otherwise provided in subsection [3,] 6, if a units owner has opted out of receiving electronic [communications or has not designated an electronic mail address to which a notice, communication or other information can be delivered,] notices, the association may deliver notices [, communications and other information] by:
(a) Hand delivery to each units owner;
(b) Hand delivery, United States mail, postage paid, or commercially reasonable delivery service to the mailing address of each unit; or
(c) Any other method reasonably calculated to provide notice to the units owner.
[2.] 3. Except as otherwise provided in subsection 6, if a units owner has not opted out of receiving electronic notices, but has not designated an electronic mail address at which to receive notices pursuant to this section, the association may deliver any notice required to be given by the association pursuant to this chapter by:
κ2023 Statutes of Nevada, Page 961 (CHAPTER 172, AB 309)κ
(a) Electronic means, including, without limitation, by electronic mail to an electronic mail address that a units owner has provided to the association but has not designated as the electronic mail address at which to receive notices pursuant to this section; or
(b) Any of the methods specified in subsection 2.
4. A units owner is entitled to designate only one electronic mail address at which to receive notices pursuant to this section.
5. The ineffectiveness of a good faith effort to deliver notice by an authorized means does not invalidate action taken at or without a meeting.
[3.] 6. The provisions of this section do not apply:
(a) To a notice required to be given pursuant to NRS 116.3116 to 116.31168, inclusive; or
(b) If any other provision of this chapter specifies the manner in which a notice [, communication or other information] must be given by an association.
Sec. 3. NRS 116.311 is hereby amended to read as follows:
116.311 1. Unless prohibited or limited by the declaration or bylaws and except as otherwise provided in this section, units owners may vote at a meeting in person, by absentee ballot pursuant to paragraph (d) of subsection 2, by a proxy pursuant to subsections 3 to 8, inclusive, or, when a vote is conducted without a meeting, by electronic or paper ballot pursuant to subsection 9.
2. At a meeting of units owners, the following requirements apply:
(a) Units owners who are present in person may vote by voice vote, show of hands, standing or any other method for determining the votes of units owners, as designated by the person presiding at the meeting.
(b) If only one of several owners of a unit is present, that owner is entitled to cast all the votes allocated to that unit. If more than one of the owners are present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the owners, unless the declaration expressly provides otherwise. There is majority agreement if any one of the owners cast the votes allocated to the unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit.
(c) Unless a greater number or fraction of the votes in the association is required by this chapter or the declaration, a majority of the votes cast determines the outcome of any action of the association.
(d) Subject to subsection 1, a units owner may vote by absentee ballot without being present at the meeting. The association promptly shall deliver an absentee ballot to an owner who requests it if the request is made at least 3 days before the scheduled meeting. Votes cast by absentee ballot must be included in the tally of a vote taken at that meeting.
(e) When a units owner votes by absentee ballot, the association must be able to verify that the ballot is cast by the units owner having the right to do so.
3. Except as otherwise provided in this section, votes allocated to a unit may be cast pursuant to a proxy executed by a units owner. A units owner may give a proxy only to a member of his or her immediate family, a tenant of the units owner who resides in the common-interest community, another units owner who resides in the common-interest community, or a delegate or representative when authorized pursuant to NRS 116.31105. If a unit is owned by more than one person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through an executed proxy.
κ2023 Statutes of Nevada, Page 962 (CHAPTER 172, AB 309)κ
executed proxy. A units owner may revoke a proxy given pursuant to this section only by actual notice of revocation to the person presiding over a meeting of the association.
4. Before a vote may be cast pursuant to a proxy:
(a) The proxy must be dated.
(b) The proxy must not purport to be revocable without notice.
(c) The proxy must designate the meeting for which it is executed, and such a designation includes any recessed session of that meeting.
(d) The proxy must designate each specific item on the agenda of the meeting for which the units owner has executed the proxy, except that the units owner may execute the proxy without designating any specific items on the agenda of the meeting if the proxy is to be used solely for determining whether a quorum is present for the meeting. If the proxy designates one or more specific items on the agenda of the meeting for which the units owner has executed the proxy, the proxy must indicate, for each specific item designated in the proxy, whether the holder of the proxy must cast a vote in the affirmative or the negative on behalf of the units owner. If the proxy does not indicate whether the holder of the proxy must cast a vote in the affirmative or the negative for a particular item on the agenda of the meeting, the proxy must be treated, with regard to that particular item, as if the units owner were present but not voting on that particular item.
(e) The holder of the proxy must disclose at the beginning of the meeting for which the proxy is executed and any recessed session of that meeting the number of proxies pursuant to which the holder will be casting votes.
5. A proxy terminates immediately after the conclusion of the meeting, and any recessed sessions of the meeting, for which it is executed.
6. Except as otherwise provided in this subsection, a vote may not be cast pursuant to a proxy for the election or removal of a member of the executive board of an association. A vote may be cast pursuant to a proxy for the election or removal of a member of the executive board of a master association which governs a time-share plan created pursuant to chapter 119A of NRS if the proxy is exercised through a delegate or representative authorized pursuant to NRS 116.31105.
7. The holder of a proxy may not cast a vote on behalf of the units owner who executed the proxy in a manner that is contrary to the proxy.
8. A proxy is void if the proxy or the holder of the proxy violates any provision of subsections 3 to 7, inclusive.
9. [Unless prohibited or limited by the declaration or bylaws, an] An association may conduct a vote without a meeting [. Except as otherwise provided in NRS 116.31034 and 116.31036, if] , including, without limitation, a vote for the election or removal of a member of the executive board. If an association conducts a vote without a meeting, the following requirements apply:
(a) The association shall notify the units owners that the vote will be taken by ballot.
(b) The association shall deliver a paper or electronic ballot to every units owner entitled to vote on the matter [.] and may allow the units owners to vote by using a voting machine. Any such voting machine must be a mechanical voting system that has been approved by the Secretary of State in accordance with chapter 293B of NRS and, once voting begins, must be:
(1) Located in a prominent place within the common elements of the association; and
κ2023 Statutes of Nevada, Page 963 (CHAPTER 172, AB 309)κ
(2) Available for use between the hours of 8 a.m. and 8 p.m. each day for a period of 15 consecutive days.
(c) The ballot must set forth each proposed action and provide an opportunity to vote for or against the action.
(d) When the association delivers the ballots, it shall also:
(1) Indicate the number of responses needed to meet the quorum requirements;
(2) State the percentage of votes necessary to approve each matter other than election of directors;
(3) Specify the time and date by which a ballot must be delivered to the association to be counted, which time and date may not be fewer than 3 days after the date the association delivers the ballot; and
(4) Describe the time, date and manner by which units owners wishing to deliver information to all units owners regarding the subject of the vote may do so.
(e) Except as otherwise provided in the declaration or bylaws, a ballot is not revoked after delivery to the association by death or disability of or attempted revocation by the person who cast that vote.
(f) Approval by ballot pursuant to this subsection is valid only if the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action.
(g) If the vote is for the election or removal of a member of the executive board and the executive board chooses to use electronic voting:
(1) If the vote is for the election of a member of the executive board, the association must send or provide, in the manner and time that ballots are sent or provided pursuant to paragraph (a) of subsection 15 of NRS 116.31034 or paragraph (a) of subsection 7 of NRS 116.31105:
(I) A paper ballot and a return envelope, prepaid by United States mail, to any units owner who has opted out of receiving electronic notices pursuant to subsection 2 of NRS 116.31068; and
(II) An electronic ballot to any units owner who has designated an electronic mail address at which to receive notices pursuant to subsection 3 of NRS 116.31068.
(2) If the vote is for the removal of a member of the executive board, the association must send or provide, in the manner and time that ballots are sent or provided pursuant to subparagraph (1) of paragraph (a) of subsection 2 of NRS 116.31036:
(I) A paper ballot and a return envelope, prepaid by United States mail, to any units owner who has opted out of receiving electronic notices pursuant to subsection 2 of NRS 116.31068; and
(II) An electronic ballot to any units owner who has designated an electronic mail address at which to receive notices pursuant to subsection 3 of NRS 116.31068.
(3) If the association allows units owners to vote by using a voting machine, the association must provide to each units owner, not less than 15 days before the date on which voting begins, a notice of the opportunity to vote by using a voting machine that provides the location at which the voting machine will be available for use and the days and times during which the voting machine will be available for use. The association shall also provide with the notice a form that allows a units owner to opt out of voting by using a voting machine and instead receive a paper ballot. If a units owner returns the form to the association within 15 days after receiving the notice, the association shall send a paper ballot and a return envelope, prepaid by United States mail, to the mailing address of the units owner or to any other mailing address designated in writing by the units owner.
κ2023 Statutes of Nevada, Page 964 (CHAPTER 172, AB 309)κ
the association shall send a paper ballot and a return envelope, prepaid by United States mail, to the mailing address of the units owner or to any other mailing address designated in writing by the units owner.
(4) A meeting of the units owners must be held in the manner set forth in NRS 116.31034 or 116.31036 to open and count the paper ballots and review and announce the results obtained from the electronic ballots or voting machine, as applicable, and enter the results into the meeting record. Any paper ballots must be opened and counted in a manner that may be readily observed by the units owners in attendance at the meeting and must not occur privately behind closed doors or in an area that is not open to observation by the units owners in attendance.
(5) Any electronic voting must be conducted by an independent third-party through the use of an online voting system, a voting machine, or both an online voting system and a voting machine. The independent third-party shall be deemed to be a data collector pursuant to NRS 603A.030 and is subject to the obligations and liabilities of chapter 603A of NRS with regard to the security and privacy of any personal information, as that term is defined in NRS 603A.040, that is provided or maintained through the use of an online voting system or voting machine. The independent third-party conducting the electronic voting may not be any of the following persons and may not share voting results or information with any of the following persons before the meeting held pursuant to subparagraph (4):
(I) A candidate for or member of the executive board or an officer of the association;
(II) A person who resides in a unit with, is married to, is domestic partners with, or is related by blood, adoption or marriage within the third degree of consanguinity or affinity to another person who is a member of the executive board or an officer of the association or performs the duties of a community manager for the association;
(III) An officer, employee, agent or director of a corporate owner of a unit, a trustee or designated beneficiary of a trust that owns a unit, a partner of a partnership that owns a unit, a member or manager of a limited-liability company that owns a unit or a fiduciary of an estate that owns a unit if the unit is also owned by another person who is a member of the executive board or an officer of the association or serves as the community manager for the association;
(IV) A person who performs the duties of a community manager for the association, an affiliate of the community manager, an employee of the company by whom the community manager is employed or an affiliate of the company, the spouse of any such person or the parent or child of any such person by blood, adoption or marriage;
(V) The declarant of the association or an affiliate of the declarant;
(VI) A units owner or resident of the association; or
(VII) Any person who stands to gain any personal profit or compensation of any kind from a matter before the executive board of the association other than payment only for conducting voting services for the association.
10. If the declaration requires that votes on specified matters affecting the common-interest community must be cast by the lessees of leased units rather than the units owners who have leased the units:
κ2023 Statutes of Nevada, Page 965 (CHAPTER 172, AB 309)κ
(a) This section applies to the lessees as if they were the units owners;
(b) The units owners who have leased their units to the lessees may not cast votes on those specified matters;
(c) The lessees are entitled to notice of meetings, access to records and other rights respecting those matters as if they were the units owners; and
(d) The units owners must be given notice, in the manner provided in NRS 116.3108, of all meetings at which the lessees are entitled to vote.
11. If any votes are allocated to a unit that is owned by the association, those votes may not be cast, by proxy or otherwise, for any purpose.
12. As used in this section, online voting system means an Internet-based voting system with a process that has the ability:
(a) To authenticate:
(1) The identity of a units owner; and
(2) The validity of each electronic vote to ensure that the vote is not altered in transit;
(b) To enable a units owner to transmit an electronic ballot to the online voting system in a way that ensures the secrecy and integrity of the ballot;
(c) To transmit an electronic receipt to each units owner who casts an electronic vote;
(d) To separate any authenticating or identifying information from an electronic ballot, thereby rendering it impossible to match an electronic ballot to a specific units owner;
(e) To store electronic votes and keep them accessible to units owners and the Office of the Ombudsman for the purposes of recounts, inspections and reviews;
(f) To count all lawful votes; and
(g) To identify, reject and record the basis for rejection of all unlawful votes, including, without limitation, a vote by a units owner whose voting rights have been suspended, a vote by a person who is not a units owner and duplicate votes.
Sec. 4. NRS 116.31105 is hereby amended to read as follows:
116.31105 1. Except as otherwise provided in subsection 8, if the declaration so provides, in a common-interest community that consists of at least 1,000 units, the voting rights of the units owners in the association for that common-interest community may be exercised by delegates or representatives except that, in the election or removal of a member of the executive board, the voting rights of the units owners may not be exercised by delegates or representatives.
2. Except as otherwise provided in subsection 8, in addition to a common-interest community identified in subsection 1, if the declaration so provides, in a common-interest community created before October 1, 1999, the voting rights of the units owners in the association for that common-interest community may be exercised by delegates or representatives except that, in the election or removal of a member of the executive board, the voting rights of the units owners may not be exercised by delegates or representatives.
3. In addition to a common-interest community identified in subsections 1 and 2, if the declaration so provides, the voting rights of the owners of time shares within a time-share plan created pursuant to chapter 119A of NRS which is governed by a master association may be exercised by delegates or representatives.
κ2023 Statutes of Nevada, Page 966 (CHAPTER 172, AB 309)κ
4. For the purposes of subsection 1, each unit that a declarant has reserved the right to create pursuant to NRS 116.2105 and for which developmental rights exist must be counted in determining the number of units in a common-interest community.
5. For the purposes of subsection 3, each time share that a developer has reserved the right to create pursuant to paragraph (g) of subsection 2 of NRS 119A.380 must be counted in determining the number of time shares in a time-share plan.
6. Notwithstanding any provision in the declaration, the election of any delegate or representative must be conducted by secret [written] ballot.
7. When an election of a delegate or representative is conducted by secret [written] ballot:
(a) The secretary or other officer of the association specified in the bylaws of the association shall cause a secret [written] paper or electronic ballot to be provided to each units owner and :
(1) If a paper ballot is provided, shall send the ballot and a return envelope , [to be sent,] prepaid by United States mail, to the mailing address of each unit within the common-interest community or to any other mailing address designated in writing by the units owner [.] ; or
(2) If an electronic ballot is provided, shall provide the ballot or make the ballot available by electronic means to each units owner.
(b) Each units owner must be provided with at least 15 days after the date the secret [written] ballot is mailed , provided or made available to the units owner to return the secret [written] ballot to the association [.] by physical or electronic means.
(c) Only the secret [written] ballots that [are returned to] the association [in the manner prescribed on the ballot] receives by physical or electronic means may be counted to determine the outcome of the election.
(d) [The secret written ballots must be opened and counted at] At a meeting called for the purpose of electing delegates or representatives [.] , the secret ballots physically received by the association must be opened and counted and the results of the secret ballots received by the association by electronic means must be reviewed, announced and entered into the record. A quorum is not required to be present when the secret [written] ballots physically received by the association are opened and counted or the results of the secret ballots received by the association by electronic means are reviewed, announced and entered into the record at the meeting.
(e) A candidate for delegate or representative may not possess, be given access to or participate in the opening or counting of the secret [written] ballots that [are returned to] the association [in the manner prescribed on the ballot] physically receives, or the collection of data regarding the secret ballots that the association receives by electronic means, before those secret [written] ballots have been opened and counted or reviewed, announced and entered into the record, as applicable, at a meeting called for that purpose.
8. Except as otherwise provided in subsection 9, the voting rights of the units owners in the association for a common-interest community may be exercised by delegates or representatives only during the period that the declarant is in control of the association and during the 2-year period after the declarants control of the association is terminated pursuant to NRS 116.31032.
9. The provisions of subsection 8 do not apply to:
κ2023 Statutes of Nevada, Page 967 (CHAPTER 172, AB 309)κ
(a) A time-share plan created pursuant to chapter 119A of NRS which is governed by a master association; or
(b) A condominium or cooperative containing both units that are restricted exclusively to nonresidential use and other units that are not so restricted.
Sec. 5. NRS 116.31153 is hereby amended to read as follows:
116.31153 1. Money in the reserve account of an association required by paragraph (b) of subsection 2 of NRS 116.3115 may not be withdrawn without the signatures of at least two members of the executive board or the signatures of at least one member of the executive board and one officer of the association who is not a member of the executive board.
2. Except as otherwise provided in subsection 3, money in the operating account of an association may not be withdrawn without the signatures of at least one member of the executive board or one officer of the association and a member of the executive board, an officer of the association or the community manager.
3. Money in the operating account of an association may be withdrawn without the signatures required pursuant to subsection 2 to:
(a) Transfer money to the reserve account of the association at regular intervals;
(b) Make automatic payments for utilities;
(c) Make automatic payments for the cost of any insurance policies maintained pursuant to NRS 116.3113;
(d) Make automatic payments for telecommunications services maintained by the association, including, without limitation, telephone, cable, satellite and Internet services;
(e) Make automatic payments for any services to the association that are billed on a monthly, quarterly or annual basis;
(f) Make annual payments to the Office of the Ombudsman;
(g) Make an electronic transfer of money to a state agency pursuant to NRS 353.1467; or
[(d)] (h) Make an electronic transfer of money to the United States Government, or any agency thereof, pursuant to any federal law requiring transfers of money to be made by an electronic means authorized by the United States Government or the agency thereof.
4. An association may use electronic signatures to withdraw money in the operating account of the association if:
(a) The electronic transfer of money is made pursuant to a written agreement entered into between the association and the financial institution where the operating account of the association is maintained;
(b) The executive board has expressly authorized the electronic transfer of money; and
(c) The association has established internal accounting controls which comply with generally accepted accounting principles to safeguard the assets of the association.
5. As used in this section, electronic transfer of money has the meaning ascribed to it in NRS 353.1467.
Sec. 6. NRS 116A.620 is hereby amended to read as follows:
116A.620 1. Any management agreement must:
(a) Be in writing and signed by all parties;
(b) Be entered into between the client and the community manager or the employer of the community manager if the community manager is acting on behalf of a corporation, partnership, limited partnership, limited-liability partnership, limited-liability company or other entity;
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behalf of a corporation, partnership, limited partnership, limited-liability partnership, limited-liability company or other entity;
(c) State the term of the management agreement;
(d) State the basic consideration for the services to be provided and the payment schedule;
(e) Include a complete schedule of all fees, costs, expenses and charges to be imposed by the community manager, whether direct or indirect, including, without limitation:
(1) The costs for any new client or start-up costs;
(2) The fees for special or nonroutine services, such as the mailing of collection letters, the recording of liens and foreclosing of property;
(3) Reimbursable expenses;
(4) The fees for the sale or resale of a unit or for setting up the account of a new member; and
(5) The portion of fees that are to be retained by the client and the portion to be retained by the community manager;
(f) State the identity and the legal status of the contracting parties;
(g) State any limitations on the liability of each contracting party;
(h) Include a statement of the scope of work of the community manager;
(i) State the spending limits of the community manager;
(j) Include provisions relating to the grounds and procedures for termination of the community manager;
(k) Identify the types and amounts of insurance coverage to be carried by each contracting party, including, without limitation:
(1) A requirement that the community manager or his or her employer shall maintain insurance covering liability for errors or omissions, professional liability or a surety bond to compensate for losses actionable pursuant to this chapter in an amount of $1,000,000 or more;
(2) An indication of which contracting party will maintain fidelity bond coverage; and
(3) A statement as to whether the client will maintain directors and officers liability coverage for the executive board;
(l) Include provisions for dispute resolution;
(m) Acknowledge that all records and books of the client are the property of the client, except any proprietary information and software belonging to the community manager;
(n) State the physical location, including the street address, of the records of the client, which must be within 60 miles from the physical location of the common-interest community;
(o) State the frequency and extent of regular inspections of the common-interest community; and
(p) State the extent, if any, of the authority of the community manager to sign checks on behalf of the client in an operating account.
2. In addition to any other requirements under this section, a management agreement may:
(a) Provide for mandatory binding arbitration; or
(b) Allow the provisions of the management agreement to apply month to month following the end of the term of the management agreement, but the management agreement may not contain an automatic renewal provision.
3. Not later than 10 days after the effective date of a management agreement, the community manager shall provide each member of the executive board evidence of the existence of the required insurance, including, without limitation:
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(a) The names and addresses of all insurance companies;
(b) The total amount of coverage; and
(c) The amount of any deductible.
4. After signing a management agreement, the community manager shall provide a copy of the management agreement to each member of the executive board. Within 30 days after an election or appointment of a new member to the executive board, the community manager shall provide the new member with a copy of the management agreement.
5. Any changes to a management agreement must be initialed by the contracting parties. If there are any changes after the execution of a management agreement, those changes must be in writing and signed by the contracting parties.
6. [Except] Until the regulations adopted by the Commission pursuant to subsection 8 become effective, and except as otherwise provided in the management agreement, upon the termination or assignment of a management agreement, the community manager shall, within 30 days after the termination or assignment, transfer possession of all books, records and other papers of the client to the succeeding community manager, or to the client if there is no succeeding community manager, regardless of any unpaid fees or charges to the community manager or management company.
7. Notwithstanding any provision in a management agreement to the contrary, a management agreement may be terminated by the client without penalty upon 30 days notice following a violation by the community manager of any provision of this chapter or chapter 116 of NRS.
8. The Commission shall adopt regulations establishing the requirements relating to the transfer of all books, records and other papers of the client upon the termination or assignment of a management agreement.
Sec. 7. NRS 116A.620 is hereby amended to read as follows:
116A.620 1. Any management agreement must:
(a) Be in writing and signed by all parties;
(b) Be entered into between the client and the community manager or the employer of the community manager if the community manager is acting on behalf of a corporation, partnership, limited partnership, limited-liability partnership, limited-liability company or other entity;
(c) State the term of the management agreement;
(d) State the basic consideration for the services to be provided and the payment schedule;
(e) Include a complete schedule of all fees, costs, expenses and charges to be imposed by the community manager, whether direct or indirect, including, without limitation:
(1) The costs for any new client or start-up costs;
(2) The fees for special or nonroutine services, such as the mailing of collection letters, the recording of liens and foreclosing of property;
(3) Reimbursable expenses;
(4) The fees for the sale or resale of a unit or for setting up the account of a new member; and
(5) The portion of fees that are to be retained by the client and the portion to be retained by the community manager;
(f) State the identity and the legal status of the contracting parties;
(g) State any limitations on the liability of each contracting party;
(h) Include a statement of the scope of work of the community manager;
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(i) State the spending limits of the community manager;
(j) Include provisions relating to the grounds and procedures for termination of the community manager;
(k) Identify the types and amounts of insurance coverage to be carried by each contracting party, including, without limitation:
(1) A requirement that the community manager or his or her employer shall maintain insurance covering liability for errors or omissions, professional liability or a surety bond to compensate for losses actionable pursuant to this chapter in an amount of $1,000,000 or more;
(2) An indication of which contracting party will maintain fidelity bond coverage; and
(3) A statement as to whether the client will maintain directors and officers liability coverage for the executive board;
(l) Include provisions for dispute resolution;
(m) Acknowledge that all records and books of the client are the property of the client, except any proprietary information and software belonging to the community manager;
(n) State the physical location, including the street address, of the records of the client, which must be within 60 miles from the physical location of the common-interest community;
(o) State the frequency and extent of regular inspections of the common-interest community; and
(p) State the extent, if any, of the authority of the community manager to sign checks on behalf of the client in an operating account.
2. In addition to any other requirements under this section, a management agreement may:
(a) Provide for mandatory binding arbitration; or
(b) Allow the provisions of the management agreement to apply month to month following the end of the term of the management agreement, but the management agreement may not contain an automatic renewal provision.
3. Not later than 10 days after the effective date of a management agreement, the community manager shall provide each member of the executive board evidence of the existence of the required insurance, including, without limitation:
(a) The names and addresses of all insurance companies;
(b) The total amount of coverage; and
(c) The amount of any deductible.
4. After signing a management agreement, the community manager shall provide a copy of the management agreement to each member of the executive board. Within 30 days after an election or appointment of a new member to the executive board, the community manager shall provide the new member with a copy of the management agreement.
5. Any changes to a management agreement must be initialed by the contracting parties. If there are any changes after the execution of a management agreement, those changes must be in writing and signed by the contracting parties.
6. [Until the regulations adopted by the Commission pursuant to subsection 8 become effective, and except as otherwise provided in the management agreement, upon the termination or assignment of a management agreement, the community manager shall, within 30 days after the termination or assignment, transfer possession of all books, records and other papers of the client to the succeeding community manager, or to the client if there is no succeeding community manager, regardless of any unpaid fees or charges to the community manager or management company.
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client if there is no succeeding community manager, regardless of any unpaid fees or charges to the community manager or management company.
7.] Notwithstanding any provision in a management agreement to the contrary, a management agreement may be terminated by the client without penalty upon 30 days notice following a violation by the community manager of any provision of this chapter or chapter 116 of NRS.
[8.] 7. The Commission shall adopt regulations establishing the requirements relating to the transfer of all books, records and other papers of the client upon the termination or assignment of a management agreement.
Sec. 8. NRS 116B.445 is hereby amended to read as follows:
116B.445 1. Not later than the termination of any period of declarants control, the units owners shall elect an executive board of at least three members. At least a majority of the members of the executive board must be residential unit owners and at least one member of the executive board must be a duly authorized representative of the hotel unit owner. The executive board shall elect the officers of the association. The members of the executive board and the officers of the association shall take office upon election.
2. The term of office of a member of the executive board may not exceed 3 years, except for members who are appointed by the declarant or the hotel unit owner. Unless the governing documents provide otherwise, there is no limitation on the number of terms that a person may serve as a member of the executive board.
3. The governing documents of the association must provide for terms of office that are staggered in such a manner that, to the extent possible, an equal number of members of the executive board are elected at each election. The provisions of this subsection do not apply to:
(a) Members of the executive board who are appointed by the declarant;
(b) Members of the executive board who are appointed by the hotel unit owner; and
(c) Members of the executive board who serve a term of 1 year or less.
4. Not less than 30 days before the preparation of a ballot for the election of members of the executive board, the secretary or other officer specified in the bylaws of the association shall cause notice to be given to each units owner of his or her eligibility to serve as a member of the executive board. Each units owner who is qualified to serve as a member of the executive board may have his or her name placed on the ballot along with the names of the nominees selected by the members of the executive board or a nominating committee established by the association.
5. Each person whose name is placed on the ballot as a candidate for a member of the executive board must:
(a) Make a good faith effort to disclose any financial, business, professional or personal relationship or interest that would result or would appear to a reasonable person to result in a potential conflict of interest for the candidate if the candidate were to be elected to serve as a member of the executive board; and
(b) Disclose whether the candidate is a member in good standing. For the purposes of this paragraph, a candidate shall not be deemed to be in good standing if the candidate has any unpaid and past due assessments or charges that are required to be paid to the association.
Κ The candidate must make all disclosures required pursuant to this subsection in writing to the association with his or her candidacy information.
κ2023 Statutes of Nevada, Page 972 (CHAPTER 172, AB 309)κ
information. The association shall distribute the disclosures to each member of the association with the ballot in the manner established in the bylaws of the association.
6. Unless a person is appointed by the declarant, a person may not be a member of the executive board or an officer of the association if the person, the persons spouse or the persons parent or child, by blood, marriage or adoption, performs the duties of a community manager for that association.
7. An officer, employee, agent or director of a corporate owner of a unit, a trustee or designated beneficiary of a trust that owns a unit, a partner of a partnership that owns a unit, a member or manager of a limited-liability company that owns a unit, and a fiduciary of an estate that owns a unit may be an officer of the association or a member of the executive board. In all events where the person serving or offering to serve as an officer of the association or a member of the executive board is not the record owner, the person shall file proof in the records of the association that:
(a) The person is associated with the corporate owner, trust, partnership, limited-liability company or estate as required by this subsection; and
(b) Identifies the unit or units owned by the corporate owner, trust, partnership, limited-liability company or estate.
8. [The] Except as otherwise provided in NRS 116B.550, the election of any member of the executive board must be conducted by secret [written] ballot as follows:
(a) The secretary or other officer specified in the bylaws of the association shall cause a secret paper or electronic ballot to be provided to each units owner and :
(1) If a paper ballot is provided, shall send the ballot and a return envelope , [to be sent,] prepaid by United States mail, to the mailing address of each unit within the condominium hotel or to any other mailing address designated in writing by the units owner [.] ; or
(2) If an electronic ballot is provided, shall provide the ballot or make the ballot available by electronic means to each units owner.
(b) Each units owner must be provided with at least 15 days after the date the secret [written] ballot is mailed , provided or made available to the units owner to return the secret [written] ballot to the association [.] by physical or electronic means.
(c) A quorum is not required for the election of any member of the executive board.
(d) Only the secret [written] ballots that [are returned to] the association receives by physical or electronic means may be counted to determine the outcome of the election.
(e) [The secret written ballots must be opened and counted at] At a meeting of the association [.] , the secret ballots physically received by the association must be opened and counted and the results of the secret ballots received by the association by electronic means must be reviewed, announced and entered into the record. A quorum is not required to be present when the secret [written] ballots are opened and counted or the results of the secret ballots received by the association by electronic means are reviewed, announced and entered into the record at the meeting.
(f) The incumbent members of the executive board and each person whose name is placed on the ballot as a candidate for a member of the executive board may not possess, be given access to or participate in the opening or counting of the secret [written] ballots that [are returned to] the association physically receives, or the collection of data regarding the secret ballots that the association receives by electronic means, before those secret [written] ballots have been opened and counted or reviewed, announced and entered into the record, as applicable, at a meeting of the association.
κ2023 Statutes of Nevada, Page 973 (CHAPTER 172, AB 309)κ
the association physically receives, or the collection of data regarding the secret ballots that the association receives by electronic means, before those secret [written] ballots have been opened and counted or reviewed, announced and entered into the record, as applicable, at a meeting of the association.
9. Each member of the executive board shall, within 90 days after his or her appointment or election, certify in writing to the association, on a form prescribed by the Administrator, that the member has read and understands the governing documents of the association and the provisions of this chapter to the best of the members ability. The Administrator may require the association to submit a copy of the certification of each member of the executive board of that association at the time the association registers with the Ombudsman pursuant to NRS 116B.625.
Sec. 9. NRS 116B.450 is hereby amended to read as follows:
116B.450 1. Notwithstanding any provision of the declaration or bylaws to the contrary, any member of the executive board, other than a member appointed by the declarant or elected by the hotel unit owner, may be removed from the executive board, with or without cause, if at a removal election held pursuant to this section, the number of votes cast in favor of removal constitutes:
(a) At least 35 percent of the total number of voting members of the association; and
(b) At least a majority of all votes cast in that removal election.
2. A removal election may be called by units owners constituting at least 10 percent, or any lower percentage specified in the bylaws, of the total number of voting members of the association. To call a removal election, the units owners must submit a written petition which is signed by the required percentage of the total number of voting members of the association pursuant to this subsection and which is mailed, return receipt requested, or served by a process server to the executive board or the community manager for the association. If a removal election is called pursuant to this subsection and the voting rights of the units owners will be exercised through the use of secret [written] ballots pursuant to this section:
(a) The secret [written] ballots for the removal election must be [sent] mailed, provided or made available in the manner required by this section not less than 15 days or more than 60 days after the date on which the petition is received . [; and]
(b) The executive board shall set the date for the meeting to open and count the secret [written] ballots physically received by the association and to review, announce and enter into the record the results of the secret ballots received by the association by electronic means so that the meeting is held not more than 15 days after the deadline for returning the secret [written] ballots by physical or electronic means and not later than 90 days after the date on which the petition was received.
(c) Upon written request submitted to the community manager, president or secretary of the association by a member of the executive board who is the subject of the removal election, the secretary or other officer specified in the bylaws of the association shall cause notice of a meeting of the executive board to be given to the units owners not later than 5 days after receipt of the written request. The notice must include the date, time and location of the meeting, as requested by the member of the executive board who is the subject of the removal election, and identify the removal of the member from the executive board as an agenda item listed for discussion.
κ2023 Statutes of Nevada, Page 974 (CHAPTER 172, AB 309)κ
the removal of the member from the executive board as an agenda item listed for discussion. A meeting requested pursuant to this paragraph must occur before the date for the meeting set by the executive board pursuant to paragraph (b).
3. [The] Except as otherwise provided in NRS 116B.550, the removal of any member of the executive board must be conducted by secret [written] ballot as follows:
(a) The secretary or other officer specified in the bylaws of the association shall cause a secret paper or electronic ballot to be provided to each units owner and :
(1) If a paper ballot is provided, shall send the ballot and a return envelope , [to be sent,] prepaid by United States mail, to the mailing address of each unit within the condominium hotel or to any other mailing address designated in writing by the units owner [.] ; or
(2) If an electronic ballot is provided, shall provide the ballot or make the ballot available by electronic means to each units owner.
(b) Each units owner must be provided with at least 15 days after the date the secret [written] ballot is mailed , provided or made available to the units owner to return the secret [written] ballot to the association [.] by physical or electronic means.
(c) Only the secret [written] ballots that [are returned to] the association receives by physical or electronic means may be counted to determine the outcome.
(d) [The secret written ballots must be opened and counted at] At a meeting of the association [.] , the secret ballots physically received by the association must be opened and counted and the results of the secret ballots received by the association by electronic means must be reviewed, announced and entered into the record. A quorum is not required to be present when the secret [written] ballots physically received by the association are opened and counted or the results of the secret ballots received by the association by electronic means are reviewed, announced and entered into the record at the meeting.
(e) The incumbent members of the executive board, including, without limitation, the member who is subject to the removal, may not possess, be given access to or participate in the opening or counting of the secret [written] ballots that [are returned to] the association physically receives, or the collection of data regarding the secret ballots that the association receives by electronic means, before those secret [written] ballots have been opened and counted or reviewed, announced and entered into the record, as applicable, at a meeting of the association.
Sec. 9.5. NRS 116B.513 is hereby amended to read as follows:
116B.513 1. Except as otherwise provided in [subsection 3,] subsections 2, 3 and 6, an association or a hotel unit owner, as applicable, shall deliver any notice required to be given by the association or the hotel unit owner under this chapter to [any mailing or] the electronic mail address a units owner designates.
2. Except as otherwise provided in subsection [3,] 6, if a units owner has [not designated a mailing or] opted out of receiving electronic [mail address to which a notice must be delivered,] notices, the association or hotel unit owner may deliver notices by:
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(a) Hand delivery to the units owner;
(b) Hand delivery, United States mail, postage paid, or commercially reasonable delivery service to the mailing address of the unit of the units owner; or
(c) Any other method reasonably calculated to provide notice to the units owner.
[2.] 3. Except as otherwise provided in subsection 6, if a units owner has not opted out of receiving electronic notices, but has not designated an electronic mail address at which to receive notices pursuant to this section, the association may deliver any notice required to be given by the association pursuant to this chapter by:
(a) Electronic means, including, without limitation, by electronic mail to an electronic mail address that a units owner has provided to the association but has not designated as the electronic mail address at which to receive notices pursuant to this section; or
(b) Any of the methods specified in subsection 2.
4. A units owner is entitled to designate only one electronic mail address at which to receive notices pursuant to this section.
5. The ineffectiveness of a good faith effort to deliver notice by an authorized means does not invalidate action taken at or without a meeting.
[3.] 6. The provisions of this section do not apply:
(a) To a notice required to be given pursuant to NRS 116B.630 to 116B.665, inclusive; or
(b) If any other provision of this chapter specifies the manner in which a notice must be given by an association or hotel unit owner.
Sec. 10. NRS 116B.550 is hereby amended to read as follows:
116B.550 1. Unless prohibited or limited by the declaration or bylaws and except as otherwise provided in this section, the units owners may vote at a meeting in person, by absentee ballot pursuant to paragraph (d) of subsection 2, by a proxy pursuant to subsections 3 to 8, inclusive, or, when a vote is conducted without a meeting, by paper or electronic ballot pursuant to subsection 9.
2. At a meeting of the units owners, the following requirements apply:
(a) Units owners who are present in person may vote by voice vote, show of hands, standing or any other method for determining the votes of the units owners, as designated by the person presiding at the meeting.
(b) If only one of several owners of a unit is present, that owner is entitled to cast all the votes allocated to that unit. If more than one of the owners are present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the owners, unless the declaration expressly provides otherwise. There is majority agreement if any one of the owners cast the votes allocated to the unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit.
(c) Unless a greater number or fraction of the votes in the association is required by this chapter or the declaration, a majority of the votes cast determines the outcome of any action of the association.
(d) Subject to the provisions of subsection 1, a units owner may vote by absentee ballot without being present at the meeting. The association promptly shall deliver an absentee ballot to a units owner who requests it if the request is made at least 3 days before the scheduled meeting. Votes cast by absentee ballot must be included in the tally of a vote taken at that meeting.
κ2023 Statutes of Nevada, Page 976 (CHAPTER 172, AB 309)κ
(e) When a units owner votes by absentee ballot, the association must be able to verify that the ballot is cast by the units owner having the right to do so.
3. Except as otherwise provided in this section, votes allocated to a unit may be cast pursuant to a proxy executed by a units owner. A units owner may give a proxy only to a member of his or her immediate family, a tenant of the units owner who resides in the condominium hotel, the hotel unit owner or another units owner who resides in the condominium hotel. If a unit is owned by more than one person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through an executed proxy. A units owner may revoke a proxy given pursuant to this section only by actual notice of revocation to the person presiding over a meeting of the association.
4. Before a vote may be cast pursuant to a proxy:
(a) The proxy must be dated.
(b) The proxy must not purport to be revocable without notice.
(c) The proxy must designate the meeting for which it is executed, and such a designation includes any recessed session of the meeting.
(d) The proxy must designate each specific item on the agenda of the meeting for which the units owner has executed the proxy, except that the units owner may execute the proxy without designating any specific items on the agenda of the meeting if the proxy is to be used solely for determining whether a quorum is present for the meeting. If the proxy designates one or more specific items on the agenda of the meeting for which the units owner has executed the proxy, the proxy must indicate, for each specific item designated in the proxy, whether the holder of the proxy must cast a vote in the affirmative or the negative on behalf of the units owner. If the proxy does not indicate whether the holder of the proxy must cast a vote in the affirmative or the negative for a particular item on the agenda of the meeting, the proxy must be treated, with regard to that particular item, as if the units owner were present but not voting on that particular item.
(e) The holder of the proxy must disclose at the beginning of the meeting for which the proxy is executed and any recessed session of that meeting the number of proxies pursuant to which the holder will be casting votes.
5. A proxy terminates immediately after the conclusion of the meeting, and any recessed sessions of the meeting, for which it is executed.
6. A vote may not be cast pursuant to a proxy for the election or removal of a member of the executive board of an association.
7. The holder of a proxy may not cast a vote on behalf of the units owner who executed the proxy in a manner that is contrary to the proxy.
8. A proxy is void if the proxy or the holder of the proxy violates any provision of subsections 3 to 7, inclusive.
9. [Unless prohibited or limited by the declaration or bylaws, an] An association may conduct a vote without a meeting [. Except as otherwise provided in NRS 116B.445 and 116B.450, if] , including, without limitation, a vote for the election or removal of a member of the executive board. If an association conducts a vote without a meeting, the following requirements apply:
(a) The association shall notify the units owners that the vote will be taken by ballot.
(b) The association shall deliver a paper or electronic ballot to every units owner entitled to vote on the matter [.] and may allow the units owners to vote by using a voting machine.
κ2023 Statutes of Nevada, Page 977 (CHAPTER 172, AB 309)κ
owners to vote by using a voting machine. Any such voting machine must be a mechanical voting system that has been approved by the Secretary of State in accordance with chapter 293B of NRS and, once voting begins, must be:
(1) Located in a prominent place within the common elements of the condominium hotel; and
(2) Available for use between the hours of 8 a.m. and 8 p.m. each day for a period of 15 consecutive days.
(c) The ballot must set forth each proposed action and provide an opportunity to vote for or against the action.
(d) When the association delivers the ballots, it shall also:
(1) Indicate the number of responses needed to meet the quorum requirements;
(2) State the percentage of votes necessary to approve each matter other than election of directors;
(3) Specify the time and date by which a ballot must be delivered to the association to be counted, which time and date may not be fewer than 3 days after the date the association delivers the ballot; and
(4) Describe the time, date and manner by which units owners wishing to deliver information to all units owners regarding the subject of the vote may do so.
(e) Except as otherwise provided in the declaration or bylaws, a ballot is not revoked after delivery to the association by death or disability of or attempted revocation by the person who cast that vote.
(f) Approval by ballot pursuant to this subsection is valid only if the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action.
(g) If the vote is for the election or removal of a member of the executive board and the executive board chooses to use electronic voting:
(1) If the vote is for the election of a member of the executive board, an association shall send or provide, in the manner and time that ballots are sent or provided pursuant to paragraph (a) of subsection 8 of NRS 116B.445:
(I) A paper ballot and a return envelope, prepaid by United States mail, to any units owner who has opted out of receiving electronic notices pursuant to subsection 2 of NRS 116B.513; and
(II) An electronic ballot to any units owner who has designated an electronic mail address at which to receive notices pursuant to subsection 3 of NRS 116B.513.
(2) If the vote is for the removal of a member of the executive board, the association must send or provide, in the manner and time that ballots are sent or provided pursuant to paragraph (a) of subsection 2 of NRS 116B.450:
(I) A paper ballot and a return envelope, prepaid by United States mail, to any units owner who has opted out of receiving electronic notices pursuant to subsection 2 of NRS 116B.513; and
(II) An electronic ballot to any units owner who has designated an electronic mail address at which to receive notices pursuant to subsection 3 of NRS 116B.513.
(3) If the association allows units owners to vote by using a voting machine, the association must provide to each units owner, not less than 15 days before the date on which voting begins, a notice of the opportunity to vote by using a voting machine that provides the location at which the voting machine will be available for use and the days and times during which the voting machine will be available for use.
κ2023 Statutes of Nevada, Page 978 (CHAPTER 172, AB 309)κ
to vote by using a voting machine that provides the location at which the voting machine will be available for use and the days and times during which the voting machine will be available for use. The association shall also provide with the notice a form that allows a units owner to opt out of voting by using a voting machine and instead receive a paper ballot. If a units owner returns the form to the association within 15 days after receiving the notice, the association shall send a paper ballot and a return envelope, prepaid by United States mail, to the mailing address of the units owner or to any other mailing address designated in writing by the units owner.
(4) A meeting of the units owners must be held in the manner set forth in NRS 116B.445 or 116B.450 to open and count the paper ballots and review and announce the results obtained from the electronic ballots or voting machine, as applicable, and enter the results into the meeting record. Any paper ballots must be opened and counted in a manner that may be readily observed by the units owners in attendance at the meeting and must not occur privately behind closed doors or in an area that is not open to observation by the units owners in attendance.
(5) Any electronic voting must be conducted by an independent third-party through the use of an online voting system, a voting machine, or both an online voting system and a voting machine. The independent third-party shall be deemed to be a data collector pursuant to NRS 603A.030 and is subject to the obligations and liabilities of chapter 603A of NRS with regard to the security and privacy of any personal information, as that term is defined in NRS 603A.040, that is provided or maintained through the use of an online voting system or voting machine. The independent third-party conducting the electronic voting may not be any of the following persons and may not share voting results or information with any of the following persons before the meeting held pursuant to subparagraph (4):
(I) A candidate for or member of the executive board or an officer of the association;
(II) A person who resides in a unit with, is married to, is domestic partners with, or is related by blood, adoption or marriage within the third degree of consanguinity or affinity to another person who is a member of the executive board or an officer of the association or performs the duties of a community manager for the association;
(III) An officer, employee, agent or director of a corporate owner of a unit, a trustee or designated beneficiary of a trust that owns a unit, a partner of a partnership that owns a unit, a member or manager of a limited-liability company that owns a unit or a fiduciary of an estate that owns a unit if the unit is also owned by another person who is a member of the executive board or an officer of the association or serves as the community manager for the association;
(IV) A person who performs the duties of a community manager for the association, an affiliate of the community manager, an employee of the company by whom the community manager is employed or an affiliate of the company, the spouse of any such person or the parent or child of any such person by blood, adoption or marriage;
(V) The declarant of the association or an affiliate of the declarant;
(VI) A units owner or resident of the association; or
κ2023 Statutes of Nevada, Page 979 (CHAPTER 172, AB 309)κ
(VII) Any person who stands to gain any personal profit or compensation of any kind from a matter before the executive board of the association other than payment only for conducting voting services for the association.
10. If the declaration requires that votes on specified matters affecting the condominium hotel must be cast by the lessees of leased units rather than the units owners who have leased the units:
(a) This section applies to the lessees as if they were the units owners;
(b) The units owners who have leased their units to the lessees may not cast votes on those specified matters;
(c) The lessees are entitled to notice of meetings, access to records and other rights respecting those matters as if they were the units owners; and
(d) The units owners must be given notice, in the manner provided in this chapter, of all meetings at which the lessees are entitled to vote.
11. If any votes are allocated to a unit that is owned by the association, those votes may not be cast, by proxy or otherwise, for any purpose.
12. As used in this section, online voting system means an Internet-based voting system with a process that has the ability:
(a) To authenticate:
(1) The identity of a units owner; and
(2) The validity of each electronic vote to ensure that the vote is not altered in transit;
(b) To enable a units owner to transmit an electronic ballot to the online voting system in a way that ensures the secrecy and integrity of the ballot;
(c) To transmit an electronic receipt to each units owner who casts an electronic vote;
(d) To separate any authenticating or identifying information from an electronic ballot, thereby rendering it impossible to match an electronic ballot to a specific units owner;
(e) To store electronic votes and keep them accessible to units owners and the Office of the Ombudsman for the purposes of recounts, inspections and reviews;
(f) To count all lawful votes; and
(g) To identify, reject and record the basis for rejection of all unlawful votes, including, without limitation, a vote by a units owner whose voting rights have been suspended, a vote by a person who is not a units owner and duplicate votes.
Sec. 11. NRS 116B.615 is hereby amended to read as follows:
116B.615 1. Money in the reserve account of an association required by NRS 116B.590 may not be withdrawn without the signatures of at least two members of the executive board or the signatures of at least one member of the executive board and one officer of the association who is not a member of the executive board.
2. Except as otherwise provided in subsection 3, money in the operating account of an association may not be withdrawn without the signatures of at least one member of the executive board or one officer of the association and a member of the executive board, an officer of the association or the community manager.
3. Money in the operating account of an association may be withdrawn without the signatures required pursuant to subsection 2 to:
κ2023 Statutes of Nevada, Page 980 (CHAPTER 172, AB 309)κ
(a) Transfer money to the reserve account of the association at regular intervals;
(b) Make automatic payments for utilities;
(c) Make automatic payments for the cost of any insurance policies maintained pursuant to NRS 116.3113;
(d) Make automatic payments for telecommunications services maintained by the association, including, without limitation, telephone, cable, satellite and Internet services;
(e) Make automatic payments for any services to the association that are billed on a monthly, quarterly or annual basis;
(f) Make annual payments to the Office of the Ombudsman;
(g) Make an electronic transfer of money to a state agency pursuant to NRS 353.1467; or
(h) Make an electronic transfer of money to the United States Government, or any agency thereof, pursuant to any federal law requiring transfers of money to be made by an electronic means authorized by the United States Government or the agency thereof.
4. An association may use electronic signatures to withdraw money in the operating account of the association if:
(a) The electronic transfer of money is made pursuant to a written agreement entered into between the association and the financial institution where the operating account of the association is maintained;
(b) The executive board has expressly authorized the electronic transfer of money; and
(c) The association has established internal accounting controls which comply with generally accepted accounting principles to safeguard the assets of the association.
5. As used in this section, electronic transfer of money has the meaning ascribed to it in NRS 353.1467.
Sec. 12. 1. This section becomes effective upon passage and approval.
2. Section 6 of this act becomes effective:
(a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of that section; and
(b) On October 1, 2023, for all other purposes.
3. Sections 1 to 5, inclusive, and 8 to 11, inclusive, of this act become effective on October 1, 2023.
4. Section 7 of this act becomes effective on the effective date of the regulations adopted by the Commission for Common-Interest Communities and Condominium Hotels establishing the requirements relating to the transfer of all books, records and other papers of a client upon the termination or assignment of a management agreement pursuant to that section.
________
κ2023 Statutes of Nevada, Page 981κ
Assembly Bill No. 522Committee on Ways and Means
CHAPTER 173
[Approved: June 1, 2023]
AN ACT relating to public employees; establishing the maximum allowed salaries for certain state employees; making appropriations from the State General Fund and State Highway Fund for increases in the salaries of and the payment of retention incentives to certain employees of the State; establishing a plan for continuity of service of certain employees of the State; revising provisions relating to the designation of the Legislative Fiscal Officer; eliminating a certain salary limitation; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. The following state officers, employees and medical and related positions are entitled to receive approximate annual salaries of not more than the maximum amounts set forth following their specified titles or positions:
Annual
Title or Position Salary
1. Office of the Attorney General:
Administrative Services Officer.................................................... $84,241
Assistant Attorney General (each)................................................. 159,930
Attorney General Counsel for Prosecuting Attorneys................ 122,187
Bureau Chief (each)......................................................................... 145,217
Chief Deputy Attorney General (each)......................................... 134,342
Chief Financial Officer.................................................................... 116,247
Chief Investigator............................................................................. 121,515
Chief Personnel Manager.................................................................. 99,797
Chief of Staff..................................................................................... 159,930
Construction Law Counsel.............................................................. 150,765
Deputy Attorney General (each).................................................... 108,753
Engineer................................................................................................ 93,618
Executive Assistant............................................................................ 63,973
Financial Analyst (each).................................................................... 92,759
General Counsel................................................................................ 150,765
Information Technology Chief....................................................... 113,926
Investigator (each).............................................................................. 74,984
Legal Researcher (each).................................................................... 63,973
Ombudsman for Victims of Domestic Violence, Sexual Assault and Human Trafficking 88,765
Program Specialist, Technological Crimes.................................... 63,973
Public Information Officer................................................................ 80,605
κ2023 Statutes of Nevada, Page 982 (CHAPTER 173, AB 522)κ
Annual
Title or Position Salary
Regulatory Manager...................................................................... $103,920
Senior Deputy Attorney General (each)....................................... 121,547
Senior Economist.............................................................................. 116,268
Senior Engineer................................................................................. 103,829
Senior Regulatory Analyst................................................................ 97,027
Solicitor General............................................................................... 150,765
Special Assistant Attorney General, Military.............................. 122,187
Special Assistant Attorney General, Neighborhood................... 122,187
Special Counsel (each).................................................................... 150,765
Supervising Legal Researcher (each).............................................. 67,171
Technical Staff Manager................................................................. 103,920
Victims Advocate (each)................................................................... 73,602
2. Office of the Controller:
Chief Deputy Controller............................................................... $122,187
Executive Assistant............................................................................ 63,973
3. Office of the Governor, Agency for Nuclear Projects:
Executive Assistant.......................................................................... $63,973
Executive Director............................................................................ 131,078
Planner/Researcher............................................................................. 94,594
Planning Division Administrator................................................... 119,321
Technical Programs Division Administrator............................... 119,321
4. Office of the Governor, Nevada Athletic Commission:
Chief Assistant.................................................................................. $76,767
Division Administrator.................................................................... 111,313
5. Office of the Governor, Office for New Americans:
Director.............................................................................................. $80,605
6. Office of the Governor, Office of Energy:
Deputy Director.............................................................................. $106,414
Director.............................................................................................. 121,547
7. Office of the Governor, Office of Finance:
Administrator, Office of Project Management, SMART 21.. $127,780
Chief Assistant Budget Administrator.......................................... 101,138
Deputy Director................................................................................ 133,060
Director, Office of Finance............................................................. 145,217
Director, Office of Project Management, SMART 21............... 140,739
Division Administrator, Budget Division.................................... 122,187
Division Administrator, Internal Audits....................................... 122,187
Executive Assistant............................................................................ 63,973
Organizational Change Manager, Office of Project Management, SMART 21 116,677
8. Office of the Governor, Office of Federal Assistance:
Director.............................................................................................. $92,253
Executive Grants Analyst (each)...................................................... 70,437
Senior Executive Grants Analyst..................................................... 84,230
9. Office of the Governor, Office of Science, Innovation and Technology:
Director............................................................................................ $101,163
κ2023 Statutes of Nevada, Page 983 (CHAPTER 173, AB 522)κ
Annual
Title or Position Salary
10. Office of the Lieutenant Governor:
Administrative Secretary (each).................................................... $54,357
Assistant to the Lieutenant Governor (each).................................. 80,528
Chief of Staff....................................................................................... 84,553
Deputy Director, Office of Small Business Advocacy................. 67,802
Director, Office of Small Business Advocacy............................... 80,605
Executive Assistant............................................................................ 63,973
11. Office of the Secretary of State:
Business Portal Administrator..................................................... $116,607
Chief Deputy..................................................................................... 133,060
Chief, Enforcement.......................................................................... 110,959
Deputy Secretary of State, Commercial Recordings.................. 111,313
Deputy Secretary of State, Elections............................................. 122,187
Deputy Secretary of State, Operations.......................................... 111,313
Deputy Secretary of State, Southern Nevada.............................. 111,313
Executive Assistant............................................................................ 63,973
Public Information Officer................................................................ 80,605
Securities Administrator.................................................................. 116,247
12. Office of the State Treasurer:
Chief Deputy State Treasurer....................................................... $133,060
Chief of Staff..................................................................................... 133,060
Deputy State Treasurer, Cash Management................................. 111,313
Deputy State Treasurer, Debt Management................................. 111,313
Deputy State Treasurer, Financial Literacy and Security.......... 111,313
Deputy State Treasurer, Investments............................................ 133,060
Deputy State Treasurer, Unclaimed Property.............................. 111,313
Executive Assistant............................................................................ 63,973
Executive Director, Millennium Scholarship.............................. 111,313
Senior Deputy State Treasurer (each)........................................... 122,187
13. Department of Administration:
Deputy Director.............................................................................. $133,060
Director.............................................................................................. 145,217
Executive Assistant............................................................................ 63,973
(a) Administrative Services Division
Division Administrator.................................................................. $122,187
(b) Division of Enterprise Information Technology Services
Chief Assistant, Planning................................................................ $92,741
Chief, Planning, Research and Grant Management.................... 101,138
Deputy Administrator...................................................................... 122,187
Division Administrator.................................................................... 133,060
Special Advisor................................................................................. 111,313
State Chief Information Officer..................................................... 133,060
(c) Division of Human Resource Management
Administrator, Equal Employment Opportunity......................... $92,760
Division Administrator.................................................................... 122,187
Division Deputy Administrator (each)............................................ 99,797
κ2023 Statutes of Nevada, Page 984 (CHAPTER 173, AB 522)κ
Annual
Title or Position Salary
(d) Division of State Library, Archives and Public Records
Division Administrator.................................................................. $111,313
(e) Fleet Services Division
Division Administrator.................................................................... $92,760
(f) Hearings Division
Appeals Officer (each).................................................................. $121,547
Hearing Officer (each)....................................................................... 80,605
Information Systems Specialist........................................................ 70,492
Senior Appeals Officer.................................................................... 134,342
(g) Mail Services Division
Division Administrator.................................................................... $92,760
(h) Purchasing Division
Attorney........................................................................................... $108,753
Division Administrator.................................................................... 111,313
(i) Public Employees Deferred Compensation Program
Deferred Compensation Executive Officer............................... $111,313
(j) Risk Management Division
Division Administrator.................................................................... $99,797
(k) State Public Works Division
Administrator.................................................................................. $140,739
Deputy Administrator, Buildings and Grounds........................... 122,187
Deputy Administrator, Code Compliance and Enforcement.... 133,060
Deputy Administrator, Professional Services.............................. 133,060
Project Manager II (each)............................................................... 111,313
Project Manager III (each).............................................................. 121,547
14. State Department of Agriculture:
Deputy Director.............................................................................. $122,187
Director.............................................................................................. 133,060
(a) Division of Administrative Services
Division Administrator.................................................................. $111,313
(b) Division of Animal Industry
Deputy Administrator...................................................................... $99,797
Division Administrator.................................................................... 111,313
(c) Division of Food and Nutrition
Deputy Administrator...................................................................... $99,797
Division Administrator.................................................................... 111,313
(d) Division of Measurement Standards
Division Administrator.................................................................. $111,313
(e) Division of Plant Health and Compliance
Deputy Administrator...................................................................... $99,797
Division Administrator.................................................................... 111,313
(f) Miscellaneous
Executive Assistant.......................................................................... $63,973
Industry and Global Trade Coordinator.......................................... 88,230
State Veterinarian............................................................................. 124,705
Supervisor, Animal Disease Laboratory....................................... 110,302
Veterinary Diagnostician................................................................ 102,197
κ2023 Statutes of Nevada, Page 985 (CHAPTER 173, AB 522)κ
Annual
Title or Position Salary
15. Department of Business and Industry:
Deputy Director, Administration................................................. $111,313
Deputy Director, Programs............................................................. 122,187
Director.............................................................................................. 145,217
(a) Attorney for Injured Workers
Deputy Attorney (each)................................................................. $108,753
Division Administrator.................................................................... 134,342
Senior Deputy Attorney (each)...................................................... 121,547
(b) Division of Financial Institutions
Certified Public Accountant........................................................... $76,978
Deputy Division Administrator........................................................ 92,759
Division Administrator.................................................................... 111,313
(c) Division of Industrial Relations
Attorney (each)............................................................................... $108,753
Chief Investigator............................................................................... 92,759
Deputy Division Administrator (each)............................................ 99,797
Deputy Division Administrator, Mechanical Unit........................ 92,759
Deputy Division Administrator, Mine Safety................................ 92,759
Deputy Division Administrator, Safety Consultation................... 92,759
Division Administrator.................................................................... 122,187
Senior Attorney................................................................................. 121,547
(d) Division of Insurance
Deputy Division Administrator (each)....................................... $111,313
Deputy Division Administrator, Captive Insurers...................... 108,753
Division Administrator.................................................................... 133,060
Insurance Counsel/Hearing Officer (each)................................... 111,313
Lead Actuary (each)......................................................................... 143,353
Lead Insurance Counsel/Hearing Officer..................................... 121,547
(e) Division of Mortgage Lending
Certified Public Accountant........................................................... $76,978
Deputy Division Administrator........................................................ 92,759
Division Administrator.................................................................... 111,313
(f) Employee-Management Relations Board
Division Administrator.................................................................... $99,797
Executive Assistant............................................................................ 63,973
(g) Housing Division
Affordable Housing Advocate....................................................... $80,605
Chief Assistant.................................................................................... 76,767
Chief Financial Officer.................................................................... 108,753
Deputy Administrator........................................................................ 92,759
Deputy Division Administrator........................................................ 92,759
Division Administrator.................................................................... 111,313
(h) Nevada Transportation Authority
Attorney........................................................................................... $108,753
Chief Transportation Inspector...................................................... 105,951
Commissioner (each)....................................................................... 121,801
Deputy Division Administrator...................................................... 108,753
Division Administrator.................................................................... 129,899
Financial Analyst (each).................................................................... 92,868
Manager.............................................................................................. 100,621
κ2023 Statutes of Nevada, Page 986 (CHAPTER 173, AB 522)κ
Annual
Title or Position Salary
(i) Office of the Labor Commissioner
Chief Assistant.................................................................................. $59,697
Deputy Division Administrator........................................................ 92,759
Division Administrator.................................................................... 111,313
State Apprenticeship Director.......................................................... 83,591
(j) Real Estate Division
Deputy Division Administrator...................................................... $92,759
Division Administrator.................................................................... 111,313
Ombudsman......................................................................................... 84,554
(k) Taxicab Authority
Attorney........................................................................................... $108,753
Division Administrator.................................................................... 129,899
Deputy Division Administrator........................................................ 99,797
(l) Miscellaneous
Administrative Law Judge............................................................ $121,547
Executive Assistant............................................................................ 63,973
Ombudsman of Consumer Affairs for Minorities......................... 84,554
16. State Department of Conservation and Natural Resources:
Deputy Director (each).................................................................. $122,187
Director.............................................................................................. 145,217
(a) Division of Environmental Protection
Division Administrator.................................................................. $140,739
(b) Division of Forestry
Division Administrator.................................................................. $122,187
(c) Division of Natural Heritage
Administrator.................................................................................. $111,313
(d) Division of Outdoor Recreation
Deputy Division Administrator...................................................... $92,759
Division Administrator...................................................................... 99,797
(e) Division of State Lands
Division Administrator.................................................................. $111,313
(f) Division of State Parks
Division Administrator.................................................................. $122,187
(g) Division of Water Resources
Chief Administrative Law Judge (licensed attorney).............. $134,342
District Supervisor, Water Commissioner...................................... 80,605
Division Administrator.................................................................... 140,739
(h) Office of Historic Preservation
Administrator.................................................................................. $111,313
(i) Miscellaneous
Executive Assistant.......................................................................... $63,973
17. Department of Corrections:
Assistant to the Director................................................................ $101,133
Deputy Director, Industrial Programs........................................... 133,060
Deputy Director, Operations, Northern Region.......................... 133,060
Deputy Director, Operations, Southern Region.......................... 133,060
Deputy Director, Support Services................................................ 133,060
Director.............................................................................................. 145,217
Executive Assistant............................................................................ 63,973
Medical Director............................................................................... 217,595
κ2023 Statutes of Nevada, Page 987 (CHAPTER 173, AB 522)κ
Annual
Title or Position Salary
Mental Health Director................................................................. $122,187
18. Department of Education:
Chief Strategy Officer................................................................... $105,951
Deputy Superintendent for Administrative and Fiscal Services 122,187
Deputy Superintendent of Instructional, Research and Evaluative Services (each) 122,187
Director, Safe and Respectful Learning Office............................. 99,797
Executive Assistant............................................................................ 63,973
Superintendent of Public Instruction............................................. 145,217
19. Department of Employment, Training and Rehabilitation:
Deputy Director (each).................................................................. $133,060
Director.............................................................................................. 145,217
(a) Employment Security Division
Deputy Staff Attorney................................................................... $108,753
Division Administrator.................................................................... 133,060
Senior Attorney................................................................................. 121,547
(b) Governors Office of Workforce Innovation
Executive Director......................................................................... $110,949
(c) Information Development and Processing Division
Division Administrator.................................................................. $122,187
(d) Nevada Equal Rights Commission
Division Administrator.................................................................... $99,797
(e) Rehabilitation Division
Chief, Disability Employment Policy........................................... $92,760
Division Administrator.................................................................... 122,187
(f) Miscellaneous
Chief Auditor.................................................................................. $102,354
Executive Assistant............................................................................ 63,973
Hearing Officer (each)....................................................................... 80,605
20. Department of Health and Human Services:
(a) Aging and Disability Services Division
Chief, Elder Rights......................................................................... $108,753
Deputy Division Administrator (each)......................................... 122,187
Division Administrator.................................................................... 133,060
Executive Director, Persons Who are Deaf and Hard of Hearing 74,648
Sign Language Interpreter (each)..................................................... 84,636
Regional Coordinator (each)............................................................. 88,765
(b) Directors Office
Administrative Assistant, Patient Protection Commission........ $54,127
Chief Biostatistician, Data Analytics............................................ 111,313
Deputy Director, Administrative Services................................... 122,187
Deputy Director, Fiscal Services................................................... 122,187
Deputy Director, Programs............................................................. 122,187
Director.............................................................................................. 145,217
Executive Director, Patient Protection Commission.................... 99,797
Policy Analyst, Patient Protection Commission............................ 84,241
κ2023 Statutes of Nevada, Page 988 (CHAPTER 173, AB 522)κ
Annual
Title or Position Salary
(c) Division of Child and Family Services
Bureau Chief, Youth Parole Bureau........................................... $111,313
Deputy Division Administrator (each)......................................... 122,187
Division Administrator.................................................................... 133,060
Medical Epidemiologist.................................................................. 176,943
Superintendent, Caliente Youth Center........................................ 111,313
Superintendent, Nevada Youth Training Center......................... 111,313
Superintendent, Summit View Youth Correctional Center....... 116,876
(d) Division of Health Care Financing and Policy
Actuary............................................................................................. $111,313
Deputy Division Administrator (each)......................................... 122,187
Division Administrator.................................................................... 133,060
State Dental Health Officer............................................................ 176,943
(e) Division of Public and Behavioral Health
Chief Medical Officer................................................................... $245,371
Deputy Division Administrator (each)......................................... 122,187
Division Administrator.................................................................... 140,739
Hospital Administrator.................................................................... 121,547
Medical Epidemiologist.................................................................. 176,943
Medical Program Coordinator, Mental Health Program........... 215,574
State Epidemiologist........................................................................ 111,313
Statewide Psychiatric Medical Director....................................... 235,355
Statewide Suicide Prevention Coordinator..................................... 80,605
Statewide Suicide Prevention Trainer/Networking Facilitator (each) 76,767
(f) Office for Consumer Health Assistance
Chief, Elder Rights........................................................................... $99,797
Governors Consumer Health Advocate....................................... 111,313
Ombudsman for Consumer Health Assistance (each).................. 88,765
(g) Office of Minority Health and Equity
Manager.............................................................................................. $80,605
(h) Welfare and Supportive Services
Deputy Division Administrator (each)....................................... $122,187
Division Administrator.................................................................... 133,060
(i) Miscellaneous
Agency Manager (each)................................................................ $121,547
Executive Assistant (each)................................................................ 63,973
21. Department of Indigent Defense Services:
Deputy Director (each).................................................................. $140,739
Deputy Public Defender, Appellate............................................... 108,753
Deputy Public Defender (each)...................................................... 108,753
Executive Assistant............................................................................ 63,973
Executive Director............................................................................ 142,017
Investigator (each).............................................................................. 74,984
State Public Defender...................................................................... 134,342
Supervising Public Defender (appeals)........................................ 121,547
κ2023 Statutes of Nevada, Page 989 (CHAPTER 173, AB 522)κ
Annual
Title or Position Salary
Supervising Public Defender (office) (each)............................. $121,547
Supervising Public Defender (trial)............................................... 121,547
22. Department of Motor Vehicles:
(a) Administrative Services Division
Division Administrator.................................................................. $111,313
(b) Division of Central Services and Records
Division Administrator.................................................................. $111,313
(c) Division of Compliance Enforcement
Deputy Administrator.................................................................... $111,313
Division Administrator.................................................................... 122,187
(d) Division of Field Services
Deputy Administrator.................................................................... $111,313
Division Administrator.................................................................... 122,187
(e) Division of Information Technology
Division Administrator.................................................................. $122,187
(f) Division of the Office of the Director
Deputy Director.............................................................................. $140,739
Director.............................................................................................. 145,217
Executive Assistant............................................................................ 63,973
(g) Division of Research and Project Management
Division Administrator.................................................................. $127,780
Deputy Administrator...................................................................... 111,313
Organizational Change Manager................................................... 116,677
(h) Motor Carrier Division
Division Administrator.................................................................. $111,313
(i) Office of Administrative Hearings
Administrative Law Judge (licensed attorney) (each)............. $121,547
Administrative Law Judge (other than licensed attorney) (each) 108,753
Chief Administrative Law Judge (licensed attorney)................. 134,342
Chief Administrative Law Judge (other than licensed attorney) 121,547
23. Department of Public Safety:
Deputy Director.............................................................................. $140,739
Director.............................................................................................. 145,217
Executive Assistant............................................................................ 63,973
(a) Capitol Police Division
Division Administrator.................................................................. $111,313
(b) Division of Parole and Probation
Chair, State Board of Parole Commissioners............................ $122,187
Division Administrator.................................................................... 140,739
Executive Director, Parole Board.................................................... 99,797
Executive Secretary, Parole Board.................................................. 63,973
Parole Board Member (each)............................................................ 99,797
(c) Investigation Division
Division Administrator.................................................................. $133,060
(d) Nevada Highway Patrol Division
Chief................................................................................................. $140,739
Lieutenant Colonel........................................................................... 140,739
κ2023 Statutes of Nevada, Page 990 (CHAPTER 173, AB 522)κ
Annual
Title or Position Salary
(e) Nevada Office of Cyber Defense Coordination
Division Administrator, Cyber Security..................................... $118,604
(f) Office of Traffic Safety
Division Administrator, Highway Safety Planning and Administration $108,753
(g) Records, Communications and Compliance Division
Administrator, NCJIS Program................................................... $127,780
Division Administrator.................................................................... 127,656
(h) State Fire Marshal Division
Division Administrator.................................................................. $122,187
24. Department of Sentencing Policy:
Executive Director......................................................................... $142,017
Deputy Director................................................................................ 108,753
25. Department of Taxation:
Administrative Law Judge (licensed attorney)......................... $121,547
Chief Administrative Law Judge (licensed attorney)................. 134,342
Chief Deputy Director..................................................................... 133,060
Deputy Director (each).................................................................... 122,187
Executive Assistant............................................................................ 63,973
Executive Director............................................................................ 145,217
State Demographer........................................................................... 108,753
26. Department of Tourism and Cultural Affairs:
Administrator, Nevada Arts Council.......................................... $111,313
Advertising Sales Representative..................................................... 67,323
Art Director (each).............................................................................. 65,630
Chief Deputy, Administration........................................................ 111,313
Deputy Director, Division of Tourism.......................................... 111,313
Deputy Director, Marketing and Advertising................................ 88,231
Deputy Director, Sales and Industry Partners................................ 88,231
Development Specialist, Nevada Magazine (each)....................... 73,385
Development Specialist, Tourism (each)........................................ 82,841
Development Specialist II, Tourism (each).................................... 88,231
Director.............................................................................................. 133,060
Division Administrator, Museums and History.......................... 111,313
Editor Publisher, Nevada Magazine.............................................. 100,243
Executive Assistant............................................................................ 63,973
Executive Director, Nevada Indian Commission........................ 111,313
Managing Editor, Publications......................................................... 77,056
Operations and Finance Manager.................................................... 96,496
Production Manager........................................................................... 62,113
Project Analyst.................................................................................... 63,551
Project Analyst II (each).................................................................... 74,100
Public Information Officer................................................................ 90,931
Public Relations Specialist................................................................ 82,842
27. Department of Transportation:
Administrator of External Civil Rights...................................... $111,313
Assistant Director, Administrative Services................................ 122,187
Assistant Director, Engineering..................................................... 140,739
Assistant Director, Operations....................................................... 140,739
κ2023 Statutes of Nevada, Page 991 (CHAPTER 173, AB 522)κ
Annual
Title or Position Salary
Assistant Director, Planning and Program Development........ $122,187
Chief Pilot.......................................................................................... 121,547
Communications Director................................................................. 99,797
Deputy Director (each).................................................................... 142,017
Director.............................................................................................. 145,217
Executive Assistant............................................................................ 63,973
Executive Director, Nevada State Infrastructure Bank.............. 133,060
Hearings Officer.................................................................................. 80,605
Pilot II (each)....................................................................................... 99,797
Pilot III (each)................................................................................... 108,753
28. Department of Veterans Services:
Administrator, Veterans Home.................................................... $122,187
Deputy Director, Health and Wellness............................................ 92,760
Deputy Director, Programs and Services........................................ 92,760
Director.............................................................................................. 108,753
Executive Assistant............................................................................ 63,973
29. Department of Wildlife:
Chief Game Warden...................................................................... $111,313
Deputy Director (each).................................................................... 122,187
Director.............................................................................................. 133,060
Division Administrator, Conservation Education......................... 99,797
Division Administrator, Fisheries Management............................ 99,797
Division Administrator, Game Management................................. 99,797
Division Administrator, Habitat....................................................... 99,797
Division Administrator, Data and Technology Services.............. 99,797
Division Administrator, Wildlife Diversity................................... 99,797
Executive Assistant............................................................................ 63,973
30. Colorado River Commission of Nevada:
Administrative Services Officer.................................................. $135,807
Assistant Director, Energy Information Systems........................ 122,150
Assistant Director, Engineering and Operations......................... 135,724
Assistant Hydropower Program Manager.................................... 115,366
Assistant Power Supply Planner.................................................... 105,950
Deputy Director................................................................................ 142,510
Director.............................................................................................. 149,883
Division Head, Water...................................................................... 135,807
Energy Accountant............................................................................. 89,563
Energy Services Manager............................................................... 142,510
Environmental Program Manager................................................. 122,150
Hydropower Program Manager..................................................... 128,939
Manager, Power Accounting.......................................................... 121,547
Manager, Power Planner................................................................. 121,547
Natural Resource Specialist (each)................................................ 118,080
Network Administrator...................................................................... 88,219
Office Manager................................................................................... 74,648
Power Facilities Communication Technician (each).................... 95,008
Power Facilities Electrician.............................................................. 88,219
κ2023 Statutes of Nevada, Page 992 (CHAPTER 173, AB 522)κ
Annual
Title or Position Salary
Power Facilities Manager (each)................................................. $122,150
Power Supply Manager................................................................... 135,807
Power Supply Planner...................................................................... 122,187
Senior Energy Accountant (each).................................................. 101,791
Senior Power Facilities Electrician (each)..................................... 95,008
Senior Power Facilities Engineer................................................... 117,453
31. Commission on Ethics:
Associate Counsel.......................................................................... $108,753
Commission Counsel....................................................................... 121,547
Executive Assistant............................................................................ 63,973
Executive Director............................................................................ 121,547
Investigator.......................................................................................... 74,984
Senior Legal Researcher.................................................................... 63,973
32. Commission on Judicial Discipline:
General Counsel............................................................................. $159,930
33. Commission on Mineral Resources:
Administrator, Division of Minerals........................................... $119,335
Chief for Dangerous Mines............................................................... 85,862
Chief for Mine Regulation................................................................ 85,862
Deputy Administrator, Division of Minerals................................. 95,466
Field Specialist, Minerals (each)...................................................... 72,690
Program Manager, Oil, Gas and Geothermal.............................. 109,880
34. Nevada Gaming Control Board:
(a) Administration Division
Chief................................................................................................. $121,515
Chief Deputy..................................................................................... 110,470
(b) Audit Division
Agent (each)...................................................................................... $82,603
Chief................................................................................................... 121,515
Chief Deputy (each)......................................................................... 110,470
Senior Agent (each)............................................................................ 86,950
Special Agent (each).......................................................................... 91,297
Supervisor (each).............................................................................. 100,425
(c) Enforcement Division
Agent (each)...................................................................................... $82,603
Chief................................................................................................... 121,515
Chief Deputy (each)......................................................................... 110,470
Senior Agent (each)............................................................................ 86,950
Special Agent (each).......................................................................... 91,297
Supervisor (each).............................................................................. 100,425
(d) Gaming Control Board
Chair................................................................................................. $170,240
Executive Secretary.......................................................................... 110,470
Member (each).................................................................................. 158,293
(e) Investigations Division
Agent (each)...................................................................................... $82,603
Chief................................................................................................... 121,515
Chief Deputy (each)......................................................................... 110,470
Investigative Services Manager (each)......................................... 107,458
Senior Agent (each)............................................................................ 86,950
κ2023 Statutes of Nevada, Page 993 (CHAPTER 173, AB 522)κ
Annual
Title or Position Salary
Special Agent (each)........................................................................ $91,297
Supervisor (each).............................................................................. 100,425
(f) Tax and License Division
Agent (each)...................................................................................... $82,603
Chief................................................................................................... 121,515
Chief Deputy..................................................................................... 110,470
Senior Agent (each)............................................................................ 86,950
Special Agent....................................................................................... 91,297
Supervisor (each).............................................................................. 100,425
(g) Technology Division
Chief................................................................................................. $129,799
Chief Deputy, Technology.............................................................. 118,668
Engineer, Technology (each).......................................................... 107,636
Information Security Officer.......................................................... 107,636
Senior Agent (each)............................................................................ 86,950
Senior Engineer, Technology (each)............................................. 113,016
Technician, Technology (each)........................................................ 70,439
(h) Miscellaneous
Executive Assistant.......................................................................... $67,106
Financial Officer................................................................................. 95,609
Hearings Officer (each)................................................................... 106,414
Human Resources Manager............................................................ 107,458
Information Management Coordinator........................................... 95,609
Information Technology Manager................................................. 118,392
Network Specialist I (each)............................................................... 84,639
Network Specialist II (each)............................................................. 93,472
Programming Manager.................................................................... 111,395
Programming Supervisor................................................................ 104,968
Senior Application Developer (each).............................................. 94,238
Senior Economic Analyst................................................................ 106,375
Senior Network Specialist............................................................... 101,482
Senior Policy Counsel...................................................................... 106,375
Senior Research Specialist.............................................................. 106,375
Supervisor (each).............................................................................. 100,425
Systems Administrator (each)........................................................ 100,077
System Manager............................................................................... 111,395
35. Office of the Military:
Adjutant General............................................................................ $145,217
Administrative Assistant, StarBase Program (each)..................... 58,964
Administrator, Nevada National Guard Youth Challenge Program 99,236
Administrator, StarBase Program (each)........................................ 92,760
Administrator, Youth Programs..................................................... 122,187
Analyst Supervisor/NAIC Manager, Homeland Security............ 84,243
Deputy Administrator, Nevada National Guard Youth Challenge Program 92,759
Deputy Administrator, StarBase Program...................................... 85,000
Division Administrator, Homeland Security............................... 133,060
Nevada National Guard Enlisted SAD (each)............................ 98,940
κ2023 Statutes of Nevada, Page 994 (CHAPTER 173, AB 522)κ
Annual
Title or Position Salary
Nevada National Guard Officer SAD (each)......................... $162,846
Nevada National Guard Warrant Officer SAD (each)............ 111,314
Nevada National Guard, Cyber Security Specialist.................... 106,744
Psychological Health Manager (each)............................................. 84,229
Training Specialist (each).................................................................. 80,195
36. Peace Officers Standards and Training Commission:
Bureau Chief (each)......................................................................... $87,858
Deputy Director................................................................................... 99,797
Director.............................................................................................. 111,313
Executive Assistant............................................................................ 63,973
Training Specialist (each).................................................................. 80,195
37. Public Employees Benefits Program:
Chief Financial Officer................................................................. $108,753
Executive Assistant............................................................................ 63,973
Executive Officer.............................................................................. 140,739
Lead Insurance Counsel.................................................................. 121,547
Operations Officer............................................................................ 119,628
Quality Control Officer................................................................... 108,753
38. Public Utilities Commission of Nevada:
Administrative Attorney (each)................................................... $108,753
Assistant Commission Secretary...................................................... 99,797
Chair................................................................................................... 142,017
Chief Attorney (each)...................................................................... 134,342
Commission Policy Advisory (each)............................................ 105,951
Commission Secretary..................................................................... 111,313
Director, Regulatory Operations.................................................... 133,060
Engineer, Electric (each)................................................................. 103,829
Engineer, Gas Pipeline (each)........................................................... 96,622
Engineer, Water................................................................................ 105,951
Executive Assistant (each)................................................................ 63,973
Executive Director............................................................................ 133,060
Financial Analyst (each).................................................................... 92,868
Legal Case Manager........................................................................... 80,605
Manager, Consumer Complaint Resolution................................. 111,313
Manager, Policy Analysis............................................................... 111,313
Manager, Resource and Market Analysis..................................... 111,313
Manager, Safety and Quality Assurance...................................... 111,313
Manager, Systems Operation.......................................................... 104,549
Manager, Tariffs and Compliance................................................. 111,313
Public Education and Statistical Analysis Officer (each)............ 76,767
Public Utilities Commissioner (each)........................................... 133,060
Regulatory Economist (each)........................................................... 99,676
Resource Planning Engineer............................................................. 96,622
Rural Consumer Representative....................................................... 75,084
Senior Analyst..................................................................................... 83,221
Senior Attorney (each)..................................................................... 121,547
Senior Engineering Analyst.............................................................. 96,622
Senior Financial Analyst................................................................... 97,512
κ2023 Statutes of Nevada, Page 995 (CHAPTER 173, AB 522)κ
Annual
Title or Position Salary
Senior Gas Pipeline Engineer...................................................... $105,951
Senior Regulatory Economist......................................................... 104,659
Senior Utility Analyst (each)............................................................ 83,221
Supervisor, Consumer Complaint Resolution................................ 92,759
39. Silver State Health Insurance Exchange:
Administrative Assistant (each)..................................................... $54,127
Benefit Manager (each)..................................................................... 69,029
Communications Officer................................................................... 84,222
Executive Assistant............................................................................ 63,973
Executive Director, Silver State Health Insurance Exchange... 133,060
Finance and Research Officer........................................................... 92,256
Grants and Projects Analyst.............................................................. 63,550
Information Systems Manager....................................................... 110,941
Information Technology Analyst..................................................... 78,961
Operations Manager, Silver State Health Insurance Exchange 119,628
Quality Assurance Officer................................................................. 94,621
Training Specialist.............................................................................. 71,682
40. State Public Charter School Authority:
Deputy Director................................................................................ $99,797
Director.............................................................................................. 111,313
Staff Attorney.................................................................................... 108,753
41. Cannabis Compliance Board:
Administrative Law Judge............................................................ $121,547
Chief of Administration................................................................... 107,458
Chief of Inspections/Audit.............................................................. 107,458
Chief of Investigations..................................................................... 107,458
Deputy Director................................................................................ 122,187
Executive Assistant............................................................................ 63,973
Executive Director............................................................................ 133,060
42. Medical and Related Positions:
Pharmacist 1 (each)........................................................................ $113,201
Pharmacist 2 (each).......................................................................... 124,520
Pharmacist 3 (each).......................................................................... 136,973
Senior Institutional Dentist (Range B) (each)............................. 157,422
Senior Physician (Range C) (each)................................................ 176,943
Senior Psychiatrist (Range C) (each)............................................ 201,133
Κ A Senior Psychiatrist (Range C) is a psychiatrist certified by the American Board of Psychiatry and Neurology, Inc.
Sec. 2. 1. If any unclassified position or other position intended to be included in section 1 of this act is inadvertently omitted from this act for Fiscal Year 2023-2024 or Fiscal Year 2024-2025, the Division of Human Resource Management of the Department of Administration shall examine the duties and responsibilities of the position and submit to the Interim Finance Committee a list of those duties and responsibilities and a recommended salary for the position. The Interim Finance Committee shall review the duties and responsibilities of the position and establish the salary for the position.
κ2023 Statutes of Nevada, Page 996 (CHAPTER 173, AB 522)κ
2. If the Fiscal Analysis Division of the Legislative Counsel Bureau determines that the title or maximum salary for a position set forth in section 1 of this act contains a typographical or other error that misrepresents the maximum salary intended to be set forth in section 1 of this act, the Interim Finance Committee may review the duties and responsibilities of the position and establish the appropriate title and maximum salary for the position pursuant to the intent of the 82nd Session of the Nevada Legislature.
3. An employee occupying a position that is currently in the classified service which is moved into the unclassified service or other position in section 1 of this act has the option to remain in the classified service at his or her current grade, with all rights afforded classified employees, or move into the unclassified service. If the employee chooses to move into the unclassified service, the employee cannot at a later date choose to return to the classified service while occupying the position.
4. Once an employee vacates the position moved into the unclassified service pursuant to this act, the employee who is the replacement in the position will be in the unclassified service.
5. If the salary for a position that is currently in the classified service or nonclassified service and that is moved into the unclassified service is reduced pursuant to this act, the salary for the employee currently serving in the position will be retained at its current level. Once the employee serving in the position vacates the position, the unclassified salary is established at the level set forth in section 1 of this act.
6. If the salary for an employee occupying a position in the unclassified service on June 30, 2023, is more than the maximum salary for that position set forth in section 1 of this act, the salary for that employee must be retained at the level in effect on June 30, 2023. Once an employee vacates a position for which the previous salary is retained pursuant to this subsection, the maximum salary for that position must be reduced to the amount set forth in section 1 of this act.
Sec. 3. The approximate maximum salaries set forth in section 1 of this act must be increased by 12 percent effective on July 1, 2023, and 4 percent effective on July 1, 2024.
Sec. 4. 1. There is hereby appropriated from the State General Fund to the State Board of Examiners for reimbursement to any department, commission or agency of the State of Nevada, including the Commission on Judicial Discipline, which receives part or all of its funding from the State General Fund, for the difference between the maximum amount allowed in sections 1 and 2 of this act and the amount budgeted for that purpose and to provide salary increases as provided in section 3 of this act:
For the Fiscal Year 2023-2024................................................. $7,845,755
For the Fiscal Year 2024-2025............................................... $10,882,056
2. There is hereby appropriated from the State Highway Fund to the State Board of Examiners for reimbursement to a state agency, which receives part or all of its funding from the State Highway Fund, for the difference between the maximum amount allowed in sections 1 and 2 of this act and the amount budgeted for that purpose and to provide salary increases as provided in section 3 of this act:
For the Fiscal Year 2023-2024.................................................... $385,236
For the Fiscal Year 2024-2025.................................................... $532,870
κ2023 Statutes of Nevada, Page 997 (CHAPTER 173, AB 522)κ
3. Any remaining balance of the sums appropriated by this section and, if applicable, transferred pursuant to this subsection, at the end of Fiscal Year 2023-2024 must be carried forward to Fiscal Year 2024-2025 to be used for the same purpose. The sums appropriated by this section for Fiscal Year 2024-2025 may be transferred from Fiscal Year 2024-2025 to Fiscal Year 2023-2024 with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 5. 1. Except as otherwise provided in sections 7 to 12, inclusive, of this act, to effect increases in salaries, as provided in subsections 2 to 5, inclusive, effective on July 1, 2023, and July 1, 2024, there is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $74,380,425 for Fiscal Year 2023-2024 and the sum of $104,678,605 for Fiscal Year 2024-2025 for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, including the Commission on Judicial Discipline, as fixed by the 82nd Session of the Nevada Legislature and the requirements for salaries of the classified and nonclassified personnel of those departments, commissions and agencies, necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2023, and July 1, 2024.
2. For personnel whose classification has been determined not to be within a bargaining unit pursuant to NRS 288.515, an increase in salary of 12 percent for Fiscal Year 2023-2024, and an increase in salary of 4 percent for Fiscal Year 2024-2025.
3. For personnel whose classification has been determined to be within a bargaining unit established in paragraph (a), (e), (f), (g) or (i) of subsection 1 of NRS 288.515, an increase in salary of 13 percent for Fiscal Year 2023-2024, and an increase in salary of 4 percent for Fiscal Year 2024-2025.
4. For personnel whose classification has been determined to be within a bargaining unit established in paragraph (b), (c), (d) or (j) of subsection 1 of NRS 288.515, an increase in salary of 12 percent for Fiscal Year 2023-2024, and an increase in salary of 4 percent for Fiscal Year 2024-2025.
5. For personnel whose classification has been determined to be within a bargaining unit established in paragraph (h) or (k) of subsection 1 of NRS 288.515, an increase in salary of 10 percent for Fiscal Year 2023-2024, and an increase in salary of 4 percent for Fiscal Year 2024-2025.
6. Any remaining balance of the sums appropriated by subsection 1 and, if applicable, transferred pursuant to this subsection, at the end of Fiscal Year 2023-2024 must be carried forward to Fiscal Year 2024-2025 to be used for the same purpose. The sums appropriated by subsection 1 for Fiscal Year 2024-2025 may be transferred from Fiscal Year 2024-2025 to Fiscal Year 2023-2024 with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 6. 1. To effect increases in salaries as provided in subsections 2 to 5, inclusive, effective on July 1, 2023, and July 1, 2024, there is hereby appropriated from the State Highway Fund to the State Board of Examiners the sum of $14,005,191 for Fiscal Year 2023-2024 and the sum of $19,699,129 for Fiscal Year 2024-2025 for the purpose of meeting any deficiencies which may exist between the appropriated money of the Office of Finance in the Office of the Governor, Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority as fixed by the 82nd Session of the Nevada Legislature and the requirements for salaries of classified personnel of the Office of Finance in the Office of the Governor, Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2023, and July 1, 2024.
κ2023 Statutes of Nevada, Page 998 (CHAPTER 173, AB 522)κ
by the 82nd Session of the Nevada Legislature and the requirements for salaries of classified personnel of the Office of Finance in the Office of the Governor, Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2023, and July 1, 2024.
2. For personnel whose classification has been determined not to be within a bargaining unit pursuant to NRS 288.515, an increase in salary of 12 percent for Fiscal Year 2023-2024, and an increase in salary of 4 percent for Fiscal Year 2024-2025.
3. For personnel whose classification has been determined to be within a bargaining unit established in paragraph (a), (e), (f), (g) or (i) of subsection 1 of NRS 288.515, an increase in salary of 13 percent for Fiscal Year 2023-2024, and an increase in salary of 4 percent for Fiscal Year 2024-2025.
4. For personnel whose classification has been determined to be within a bargaining unit established in paragraph (b), (c), (d) or (j) of subsection 1 of NRS 288.515, an increase in salary of 12 percent for Fiscal Year 2023-2024, and an increase in salary of 4 percent for Fiscal Year 2024-2025.
5. For personnel whose classification has been determined to be within a bargaining unit established in paragraph (h) or (k) of subsection 1 of NRS 288.515, an increase in salary of 10 percent for Fiscal Year 2023-2024, and an increase in salary of 4 percent for Fiscal Year 2024-2025.
6. Any remaining balance of the sums appropriated by subsection 1 and, if applicable, transferred pursuant to this subsection, at the end of Fiscal Year 2023-2024 must be carried forward to Fiscal Year 2024-2025 to be used for the same purpose. The sums appropriated by subsection 1 for Fiscal Year 2024-2025 may be transferred from Fiscal Year 2024-2025 to Fiscal Year 2023-2024 with the approval of the Interim Finance Committee upon the recommendation of the Governor.
Sec. 7. 1. To effect increases in salaries as provided in subsections 2 to 5, inclusive, effective on July 1, 2023, and July 1, 2024, there is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $10,122,144 for Fiscal Year 2023-2024 and the sum of $14,197,271 for Fiscal Year 2024-2025 for the purpose of meeting any deficiencies which may be created between the appropriated money of the Nevada System of Higher Education as fixed by the 82nd Session of the Nevada Legislature and the requirements for salaries of the classified personnel of the Nevada System of Higher Education whose positions are included in the Executive Budget as approved by the 82nd Session of the Nevada Legislature necessary under the adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2023, and July 1, 2024.
2. For classified personnel of the Nevada System of Higher Education whose classification has been determined not to be within a bargaining unit pursuant to NRS 288.515, an increase in salary of 12 percent for Fiscal Year 2023-2024, and an increase in salary of 4 percent for Fiscal Year 2024-2025.
3. For classified personnel of the Nevada System of Higher Education whose classification has been determined to be within a bargaining unit established in paragraph (a), (e), (f), (g) or (i) of subsection 1 of NRS 288.515, an increase in salary of 13 percent for Fiscal Year 2023-2024, and an increase in salary of 4 percent for Fiscal Year 2024-2025.
κ2023 Statutes of Nevada, Page 999 (CHAPTER 173, AB 522)κ
4. For classified personnel of the Nevada System of Higher Education whose classification has been determined to be within a bargaining unit established in paragraph (b), (c), (d) or (j) of subsection 1 of NRS 288.515, an increase in salary of 12 percent for Fiscal Year 2023-2024, and an increase in salary of 4 percent for Fiscal Year 2024-2025.
5. For personnel whose classification has been determined to be within a bargaining unit established in paragraph (h) or (k) of subsection 1 of NRS 288.515, an increase in salary of 10 percent for Fiscal Year 2023-2024, and an increase in salary of 4 percent for Fiscal Year 2024-2025.
6. To effect increases in salaries not to exceed 12 percent effective on July 1, 2023, and not to exceed 4 percent effective on July 1, 2024, there is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $49,556,458 for Fiscal Year 2023-2024 and the sum of $67,992,204 for Fiscal Year 2024-2025 for the purpose of meeting any deficiencies which may be created between the appropriated money of the Nevada System of Higher Education as fixed by the 82nd Session of the Nevada Legislature and the requirements for increasing the salaries of those professional employees of the Nevada System of Higher Education whose positions are included in the Executive Budget as approved by the 82nd Session of the Nevada Legislature, to become effective on July 1, 2023, and July 1, 2024.
7. Appropriations from the State General Fund for increases in salaries for the classified and professional employees of the Nevada System of Higher Education will be based on the proportion of appropriations from the State General Fund to total revenue within each state-supported budget of the Nevada System of Higher Education.
8. The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse to the Nevada System of Higher Education out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated are limits and equal the amount of money available to pay the salaries of the classified and professional employees of the Nevada System of Higher Education under the adjusted pay plan. The sums appropriated by this section may not be allocated and disbursed to address a deficiency between the appropriated money as fixed by the 82nd Session of the Nevada Legislature and the requirements for salaries resulting from any circumstance other than the increases in salaries described in this section.
9. Any remaining balance of the sums appropriated by this section at the end of Fiscal Year 2023-2024 must be carried forward to Fiscal Year 2024-2025 to be used for the same purpose.
Sec. 8. 1. There is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $26,097,315 for Fiscal Year 2023-2024 for reimbursement to any department, commission or agency of the State of Nevada whose positions are included in the Executive Budget as approved by the 82nd Session of the Nevada Legislature and whose budget accounts have authorized reserves or retained earnings, for the purpose of meeting any deficiencies which may be created between the authorized money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 82nd Session of the Nevada Legislature and the requirements for salaries of personnel resulting from the increase in salaries provided in sections 3 and 5 of this act for those departments, commissions and agencies necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2023, and July 1, 2024.
κ2023 Statutes of Nevada, Page 1000 (CHAPTER 173, AB 522)κ
requirements for salaries of personnel resulting from the increase in salaries provided in sections 3 and 5 of this act for those departments, commissions and agencies necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2023, and July 1, 2024.
2. Any remaining balance of the sums appropriated by subsection 1 at the end of Fiscal Year 2023-2024 must be carried forward to Fiscal Year 2024-2025 to be used for the same purpose.
Sec. 9. 1. There is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $25,906,962 for Fiscal Year 2023-2024 for reimbursement to any department, commission or agency of the State of Nevada whose positions are included in the Executive Budget as approved by the 82nd Session of the Nevada Legislature and whose budget accounts do not have authorized reserves or retained earnings and do not receive any appropriations from the State General Fund or the State Highway Fund, for the purpose of meeting any deficiencies which may be created between the authorized money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 82nd Session of the Nevada Legislature and the requirements for salaries of personnel resulting from the increase in salaries provided in sections 3 and 5 of this act for those departments, commissions and agencies, necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2023, and July 1, 2024.
2. Any remaining balance of the sums appropriated by subsection 1 at the end of Fiscal Year 2023-2024 must be carried forward to Fiscal Year 2024-2025 to be used for the same purpose.
Sec. 10. 1. To effect the State of Nevadas share of the increases in salaries of 12 percent effective on July 1, 2023, and 4 percent effective on July 1, 2024, for employees of the Tahoe Regional Planning Agency, there is hereby appropriated from the State General Fund to the State Board of Examiners the sum of not more than $313,571 for Fiscal Year 2023-2024 and the sum of not more than $430,638 for Fiscal Year 2024-2025. The amounts transferred must not be used to increase an employees base salary unless the State of California provides the required 2-for-1 matching funds. If such matching funds are not provided by the State of California, any amounts provided to the Tahoe Regional Planning Agency by the State of Nevada must be used as a one-time salary bonus.
2. The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse to the Tahoe Regional Planning Agency out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available, equal the amount of money required to meet and pay the State of Nevadas share of the salaries of the employees of the Tahoe Regional Planning Agency under the adjusted pay plan. The sums appropriated by this section may not be allocated and disbursed to address a deficiency between the appropriated money as fixed by the 82nd Session of the Nevada Legislature and the requirements for salaries resulting from any circumstance other than an increase in salaries described in this section.
κ2023 Statutes of Nevada, Page 1001 (CHAPTER 173, AB 522)κ
Sec. 11. To effect increases in salaries of 12 percent effective on July 1, 2023, and 4 percent effective on July 1, 2024, there is hereby appropriated from the State General Fund to the Legislative Fund the sum of $5,901,562 for Fiscal Year 2023-2024 and the sum of $8,588,866 for Fiscal Year 2024-2025 for the purpose of meeting any deficiencies which may be created between the money appropriated to the Legislative Fund as fixed by the 82nd Session of the Nevada Legislature and the requirements for salaries of the personnel of the Legislative Counsel Bureau and of Interim Legislative Operations necessary under an adjusted pay plan to become effective on July 1, 2023, and July 1, 2024.
Sec. 12. 1. To effect increases in salaries of 12 percent effective on July 1, 2023, and 4 percent effective on July 1, 2024, there is hereby appropriated from the State General Fund to the Judicial Department Staff Salaries budget account the sum of $2,497,690 for Fiscal Year 2023-2024 and the sum of $3,576,931 for Fiscal Year 2024-2025 for the purpose of meeting any deficiencies which may be created between the money appropriated to the Judicial Department Staff Salaries budget account as fixed by the 82nd Session of the Nevada Legislature and the requirements for salaries of the personnel whose positions are funded from money in the Judicial Department Staff Salaries budget account, necessary under an adjusted pay plan, to become effective on July 1, 2023, and July 1, 2024.
2. Any remaining balance of the sums appropriated by subsection 1 must not be committed for expenditure after June 30 of each fiscal year, respectively, by the entity to which the appropriation is made, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by the entity to which the money was appropriated, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
Sec. 13. 1. In addition to the increases in salaries provided in section 3 of this act, to effect a salary increase of 7 percent effective on July 1, 2024, there is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $5,177,083 for Fiscal Year 2024-2025 for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, including the Commission on Judicial Discipline, as fixed by the 82nd Session of the Nevada Legislature and the requirements for salaries of the unclassified personnel of those departments, commissions and agencies, necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2024.
2. In addition to the increases in salaries provided in section 3 of this act, to effect a salary increase of 7 percent effective on July 1, 2024, there is hereby appropriated from the State Highway Fund to the State Board of Examiners the sum of $272,801 for Fiscal Year 2024-2025 for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 82nd Session of the Nevada Legislature, and the requirements for salaries of the unclassified personnel of those departments, commissions and agencies, necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2024.
κ2023 Statutes of Nevada, Page 1002 (CHAPTER 173, AB 522)κ
Sec. 14. 1. Except as otherwise provided in sections 15 to 20, inclusive, of this act, in addition to the increases in salaries provided in section 5 of this act, to effect a salary increase of 7 percent effective on July 1, 2024, there is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $49,026,191 for Fiscal Year 2024-2025 for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, including the Commission on Judicial Discipline, as fixed by the 82nd Session of the Nevada Legislature and the requirements for salaries of the classified and nonclassified personnel of those departments, commissions and agencies, necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2024.
2. In addition to the increases in salaries provided in section 6 of this act, to effect a salary increase of 7 percent effective on July 1, 2024, there is hereby appropriated from the State Highway Fund to the State Board of Examiners the sum of $9,290,645 for Fiscal Year 2024-2025 for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 82nd Session of the Nevada Legislature and the requirements for salaries of the classified and nonclassified personnel of those departments, commissions and agencies, necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2024.
Sec. 15. 1. In addition to the increases in salaries provided in section 7 of this act, to effect a salary increase of 7 percent effective on July 1, 2024, there is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $6,683,867 for Fiscal Year 2024-2025 for the purpose of meeting any deficiencies which may be created between the appropriated money of the Nevada System of Higher Education as fixed by the 82nd Session of the Nevada Legislature and the requirements for salaries of the classified personnel of the Nevada System of Higher Education whose positions are included in the Executive Budget as approved by the 82nd Session of the Nevada Legislature, necessary under the adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2024.
2. In addition to the increases in salaries provided in section 7 of this act, to effect a salary increase not to exceed 7 percent effective on July 1, 2024, there is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $32,390,610 for Fiscal Year 2024-2025 for the purpose of meeting any deficiencies which may be created between the appropriated money of the Nevada System of Higher Education as fixed by the 82nd Session of the Nevada Legislature and the requirements for increasing the salaries of those professional employees of the Nevada System of Higher Education whose positions are included in the Executive Budget as approved by the 82nd Session of the Nevada Legislature, to become effective on July 1, 2024.
3. Appropriations from the State General Fund for increases in salaries for the classified and professional employees of the Nevada System of Higher Education will be based on the proportion of appropriations from the State General Fund to total revenue within each state-supported budget of the Nevada System of Higher Education.
κ2023 Statutes of Nevada, Page 1003 (CHAPTER 173, AB 522)κ
4. The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse to the Nevada System of Higher Education out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated are limits and equal the amount of money available to pay the salaries of the classified and professional employees of the Nevada System of Higher Education under the adjusted pay plan. The sums appropriated by this section may not be allocated and disbursed to address a deficiency between the appropriated money as fixed by the 82nd Session of the Nevada Legislature and the requirements for salaries resulting from any circumstance other than the increases in salaries described in this section.
Sec. 16. 1. In addition to the increases in salaries provided in section 10 of this act, to effect a salary increase of 7 percent effective on July 1, 2024, for employees of the Tahoe Regional Planning Agency, there is hereby appropriated from the State General Fund to the State Board of Examiners the sum of not more than $204,867 for Fiscal Year 2024-2025. The amounts transferred must not be used to increase an employees base salary unless the State of California provides the required 2-for-1 matching funds. If such matching funds are not provided by the State of California, any amounts provided to the Tahoe Regional Planning Agency by the State of Nevada must be used as a one-time salary bonus.
2. The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse to the Tahoe Regional Planning Agency out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available, equal the amount of money required to meet and pay the State of Nevadas share of the salaries of the employees of the Tahoe Regional Planning Agency under the adjusted pay plan. The sums appropriated by this section may not be allocated and disbursed to address a deficiency between the appropriated money as fixed by the 82nd Session of the Nevada Legislature and the requirements for salaries resulting from any circumstance other than an increase in salaries described in this section.
Sec. 17. In addition to the increases in salaries provided in section 11 of this act, to effect increases in salaries of 7 percent effective on July 1, 2024, there is hereby appropriated from the State General Fund to the Legislative Fund the sum of $3,790,017 for Fiscal Year 2024-2025 for the purpose of meeting any deficiencies which may be created between the money appropriated to the Legislative Fund as fixed by the 82nd Session of the Nevada Legislature and the requirements for salaries of the personnel of the Legislative Counsel Bureau and of interim legislative operations necessary under an adjusted pay plan to become effective on July 1, 2024.
Sec. 18. 1. In addition to the increases in salaries provided in section 12 of this act, to effect increases in salaries of 7 percent effective on July 1, 2024, there is hereby appropriated from the State General Fund to the Judicial Department Staff Salaries budget account the sum of $1,583,516 for Fiscal Year 2024-2025 for the purpose of meeting any deficiencies which may be created between the money appropriated to the Judicial Department Staff Salaries budget account as fixed by the 82nd Session of the Nevada Legislature and the requirements for salaries of the personnel whose positions are funded from money in the Judicial Department Staff Salaries budget account, necessary under an adjusted pay plan, to become effective on July 1, 2024.
κ2023 Statutes of Nevada, Page 1004 (CHAPTER 173, AB 522)κ
Legislature and the requirements for salaries of the personnel whose positions are funded from money in the Judicial Department Staff Salaries budget account, necessary under an adjusted pay plan, to become effective on July 1, 2024.
2. Any remaining balance of the sum appropriated by subsection 1 must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by the entity to which the money was appropriated, and must be reverted to the State General Fund on or before September 19, 2025.
Sec. 19. There is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $7,284,535 for Fiscal Year 2024-2025 for reimbursement to any department, commission or agency of the State of Nevada whose positions are included in the Executive Budget as approved by the 82nd Session of the Nevada Legislature and whose budget accounts have authorized reserves or retained earnings, for the purpose of meeting any deficiencies which may be created between the authorized money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 82nd Session of the Nevada Legislature and the requirements for increases in salaries provided in sections 13 and 14 of this act for those departments, commissions and agencies, necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2024.
Sec. 20. There is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $7,231,401 for Fiscal Year 2024-2025 for reimbursement to any department, commission or agency of the State of Nevada whose positions are included in the Executive Budget as approved by the 82nd Session of the Nevada Legislature and whose budget accounts do not have authorized reserves or retained earnings and do not receive any appropriations from the State General Fund or the State Highway Fund, for the purpose of meeting any deficiencies which may be created between the authorized money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 82nd Session of the Nevada Legislature and the requirements for salaries of personnel resulting from the increase in salaries provided in sections 13 and 14 of this act for those departments, commissions and agencies, necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2024.
Sec. 21. 1. To effect a one-grade pay increase in the pay plan for all employees in the classified service adopted pursuant to NRS 284.175 and effective on July 1, 2023, for Captains and Lieutenants of the Department of Public Safety, Unit Managers, Youth Parole Counselors, Parks Regional Managers, Game Wardens, Staff Game Wardens, Associate Wardens, Correctional Lieutenants and Criminal Investigators, there is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $852,632 for Fiscal Year 2023-2024 and the sum of $858,313 for Fiscal Year 2024-2025 for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada and the requirements for salaries of such personnel.
κ2023 Statutes of Nevada, Page 1005 (CHAPTER 173, AB 522)κ
2. To effect a one-grade pay increase in the pay plan for all employees in the classified service adopted pursuant to NRS 284.175 and effective on July 1, 2023, and July 1, 2024, respectively, for Captains and Lieutenants of the Department of Public Safety and Compliance Enforcement Investigators, there is hereby appropriated from the State Highway Fund to the State Board of Examiners the sum of $331,030 for Fiscal Year 2023-2024 and the sum of $341,623 for Fiscal Year 2024-2025 for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada and the requirements for salaries of such personnel.
3. The Division of Human Resource Management of the Department of Administration shall designate those Captains and Lieutenants of the Department of Public Safety, Unit Managers, Youth Parole Counselors, Parks Regional Managers, Game Wardens, Staff Game Wardens, Associate Wardens, Correctional Lieutenants, Criminal Investigators and Compliance Enforcement Investigators whose positions are supported by money appropriated from the State General Fund or the State Highway Fund or authorized for expenditure who are eligible for the one-grade pay increases pursuant to this section.
Sec. 22. 1. To effect a two-grade pay increase in the pay plan for all employees in the classified service adopted pursuant to NRS 284.175 and effective on July 1, 2023, for University Police Officers, Sergeants, Lieutenants and Detectives, Law Enforcement Training Specialists, Commissioned Park Supervisors and Rangers, Game Wardens, Agriculture Police Officers, Attorney General Deputy Chief Investigators, Department of Public Safety Sergeants and Officers, Correctional Sergeants and Officers, Forensic Specialists and Developmental Support Technicians, there is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $18,447,944 for Fiscal Year 2023-2024 and the sum of $18,936,011 for Fiscal Year 2024-2025 for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada and the requirements for salaries of such personnel.
2. To effect a two-grade pay increase in the pay plan for all employees in the classified service adopted pursuant to NRS 284.175 and effective on July 1, 2023, and July 1, 2024, respectively, for Sergeants and Officers of the Department of Public Safety, there is hereby appropriated from the State Highway Fund to the State Board of Examiners the sum of $4,300,450 for Fiscal Year 2023-2024 and the sum of $4,446,518 for Fiscal Year 2024-2025 for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada and the requirements for salaries of such personnel.
3. The Division of Human Resource Management of the Department of Administration shall designate those University Police Officers, Sergeants, Lieutenants and Detectives, Law Enforcement Training Specialists, Commissioned Park Supervisors and Rangers, Game Wardens, Agriculture Police Officers, Attorney General Deputy Chief Investigators, Department of Public Safety Sergeants and Officers, Correctional Sergeants and Officers, Forensic Specialists and Developmental Support Technicians whose positions are supported by money appropriated from the State General Fund or the State Highway Fund or authorized for expenditure who are eligible for the two-grade pay increases pursuant to this section.
κ2023 Statutes of Nevada, Page 1006 (CHAPTER 173, AB 522)κ
or the State Highway Fund or authorized for expenditure who are eligible for the two-grade pay increases pursuant to this section.
Sec. 23. 1. To effect a three-grade pay increase in the pay plan for all employees in the classified service adopted pursuant to NRS 284.175 and effective on July 1, 2023, for Cybercrime Investigators, Criminal Investigators, Legal Office Managers and Legal Secretaries of the Office of the Attorney General there is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $724,991 for Fiscal Year 2023-2024 and the sum of $738,876 for Fiscal Year 2024-2025 for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada and the requirements for salaries of such personnel.
2. The Division of Human Resource Management of the Department of Administration shall designate those Cybercrime Investigators, Criminal Investigators, Legal Office Managers and Legal Secretaries of the Office of the Attorney General whose positions are supported by money appropriated from the State General Fund or the State Highway Fund or authorized for expenditure who are eligible for the three-grade pay increases pursuant to this section.
Sec. 24. If the Division of Human Resource Management of the Department of Administration determines that a position classification was inadvertently omitted from or the incorrect pay grade increase was provided in section 21, 22 or 23 of this act, the Division may review the position classification and establish the appropriate pay grade increase for the position pursuant to the intent of the 82nd Session of the Nevada Legislature. The Division shall submit a report of any such determination to the Interim Finance Committee.
Sec. 25. Any remaining balance of the sums appropriated by sections 21, 22 and 23 of this act must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must revert to the fund from which it was appropriated on or before September 20, 2024, and September 19, 2025.
Sec. 26. 1. There is hereby appropriated from the State General Fund to the Office of Finance in the Office of the Governor the sum of $20,721,600 for Fiscal Year 2023-2024 and the sum of $20,721,600 for Fiscal Year 2024-2025 for the payment of retention incentives in accordance with subsection 2 to each person who is an employee in:
(a) The Executive Department of the State Government, except:
(1) Employees of the Nevada System of Higher Education other than the employees of the System in the classified service, as described in subsection 4 of NRS 284.140 whose positions are included in the Executive Budget as approved by the 82nd Session of the Nevada Legislature.
κ2023 Statutes of Nevada, Page 1007 (CHAPTER 173, AB 522)κ
(2) Persons whose compensation is paid from a budget account that is not subject to NRS 353.150 to 353.246, inclusive, except as otherwise provided in section 28 of this act.
(3) Persons whose positions are temporary, intermittent or seasonal or are positions for which there is a critical labor shortage pursuant to NRS 286.523.
(b) The Commission on Judicial Discipline, except persons whose positions are temporary, intermittent or seasonal or are positions for which there is a critical labor shortage pursuant to NRS 286.523.
2. A retention incentive of $250 must be paid from the money appropriated by subsection 1 to each person who is eligible for the payment, as described in subsection 1, and who is so employed on:
(a) September 30, 2023.
(b) December 31, 2023.
(c) March 31, 2024.
(d) June 15, 2024.
(e) September 30, 2024.
(f) December 31, 2024.
(g) March 31, 2025.
(h) June 15, 2025.
3. Any remaining balance of the sum appropriated by subsection 1 for Fiscal Year 2023-2024 must be carried forward to Fiscal Year 2024-2025 to be used for the same purpose. Any remaining balance of the sums appropriated by this section must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
Sec. 27. 1. There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218A.150 the sum of $488,000 for Fiscal Year 2023-2024 and the sum of $488,000 for Fiscal Year 2024-2025 for the payment of retention incentives in accordance with subsection 2 to each person who is an employee in the Legislative Department of the State Government, except persons whose positions are for a legislative session or are otherwise temporary, intermittent or seasonal.
2. A retention incentive of $250 must be paid from the money appropriated by subsection 1 to each person who is eligible for the payment, as described in subsection 1, and who is so employed on:
(a) September 30, 2023.
(b) December 31, 2023.
(c) March 31, 2024.
(d) June 15, 2024.
(e) September 30, 2024.
(f) December 31, 2024.
(g) March 31, 2025.
(h) June 15, 2025.
κ2023 Statutes of Nevada, Page 1008 (CHAPTER 173, AB 522)κ
Sec. 28. 1. There is hereby appropriated from the State General Fund to the Public Employees Retirement System the sum of $84,000 for Fiscal Year 2023-2024 and the sum of $84,000 for Fiscal year 2024-2025 for the payment of retention incentives in accordance with subsection 2 to each person who is an employee of the Public Employees Retirement System, except persons whose positions are temporary, intermittent or seasonal or are positions for which there is a critical labor shortage pursuant to NRS 286.523.
2. A retention incentive of $250 must be paid from the money appropriated by subsection 1 to each person who is eligible for the payment, as described in subsection 1, and who is so employed on:
(a) September 30, 2023.
(b) December 31, 2023.
(c) March 31, 2024.
(d) June 15, 2024.
(e) September 30, 2024.
(f) December 31, 2024.
(g) March 31, 2025.
(h) June 15, 2025.
3. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
Sec. 29. 1. There is hereby appropriated from the State General Fund to the Nevada System of Higher Education the sum of $3,500,000 for Fiscal Year 2023-2024 and the sum of $3,500,000 for Fiscal Year 2024-2025 for the payment of retention incentives to employees of the Nevada System of Higher Education other than the employees of the System in the classified service, as described in subsection 4 of NRS 284.140, whose positions are included in the Executive Budget as approved by the 82nd Session of the Nevada Legislature.
2. On or before September 1, 2024, and September 1, 2025, respectively, the Nevada System of Higher Education shall submit a report to the Interim Finance Committee regarding the criteria for eligibility and amounts established for the retention incentives required to be paid pursuant to subsection 1 and the number of recipients thereof.
3. Any remaining balance of the sum appropriated by subsection 1 for Fiscal Year 2023-2024 must be carried forward to Fiscal Year 2024-2025 to be used for the same purpose. Any remaining balance of the sums appropriated by this section must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
κ2023 Statutes of Nevada, Page 1009 (CHAPTER 173, AB 522)κ
subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
Sec. 30. 1. There is hereby appropriated from the State General Fund to the Judicial Department Staff Salaries budget account the sum of $192,000 for Fiscal Year 2023-2024 and the sum of $200,000 for Fiscal Year 2024-2025 for the payment of retention incentives in accordance with subsection 2 to each person whose position is funded by money from the Judicial Department Staff Salaries budget account, except persons whose positions are temporary, intermittent or seasonal or are positions for which there is a critical labor shortage pursuant to NRS 286.523.
2. A retention incentive of $250 must be paid from the money appropriated by subsection 1 to each person who is eligible for the payment, as described in subsection 1, and who is so employed on:
(a) September 30, 2023.
(b) December 31, 2023.
(c) March 31, 2024.
(d) June 15, 2024.
(e) September 30, 2024.
(f) December 31, 2024.
(g) March 31, 2025.
(h) June 15, 2025.
3. Any remaining balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
Sec. 31. NRS 218F.510 is hereby amended to read as follows:
218F.510 1. The Chief [of the Administrative Division] Financial Officer is ex officio Legislative Fiscal Officer. As such Officer, the Chief shall keep a complete, accurate and adequate set of accounting records and reports for all legislative operations, including any records and reports required by the Federal Government for the administration of federal revenue and income tax laws.
2. The Chief shall:
(a) Withhold from the pay of each Legislator, employee of the Legislature and employee of the Legislative Counsel Bureau the amount of tax specified by the Federal Government; and
(b) Transmit the amount deducted to the Internal Revenue Service of the United States Department of the Treasury.
3. The Chief shall, upon receipt of information from the Public Employees Benefits Program specifying amounts of premiums or contributions for coverage by the Program:
(a) Withhold from the pay of each employee of the Legislature and employee of the Legislative Counsel Bureau who participates in the Public Employees Benefits Program those amounts; and
κ2023 Statutes of Nevada, Page 1010 (CHAPTER 173, AB 522)κ
(b) Pay those amounts to the Program.
4. The Chief:
(a) May provide for the purchase of United States savings bonds or similar United States obligations by salary deduction for any Legislator, employee of the Legislature or employee of the Legislative Counsel Bureau who submits a written request for these deductions and purchases.
(b) Shall provide forms authorizing deductions for and purchases of these United States obligations.
5. The Chief may:
(a) Withhold from the pay of a Legislator, employee of the Legislature or employee of the Legislative Counsel Bureau such amount as the claimant specifies in writing for payment to the claimants credit union. Any money which is withheld must be transmitted by the Chief in accordance with the claimants written instructions.
(b) In accordance with the terms of an agreement entered into pursuant to NRS 701A.450 between the Director of the Office of Energy and the employee of the Legislature or employee of the Legislative Counsel Bureau specifying amounts, withhold those amounts and pay them to the Director of the Office of Energy for credit to the Renewable Energy Account created by NRS 701A.450.
(c) Adopt regulations necessary to carry out the provisions of this subsection.
Sec. 32. Chapter 284 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A plan to encourage continuity of service, administered by the Division, is hereby established for employees with 8 years or more of continuous state service. Except as otherwise provided in subsection 2, an employee rated standard or better with 8 years or more of continuous service is entitled to receive a semiannual payment of $100 plus:
(a) An annual increase of $25 in the semiannual payment for each year of the employees ninth through fourteenth years of continuous service;
(b) An annual increase of $50 in the semiannual payment for each year of the employees fifteenth through twenty-fourth years of continuous service; and
(c) An annual increase of $75 in the semiannual payment for each additional year of continuous service after 24 years, up to a maximum payment of 30 years of continuous state service.
2. An interruption in continuous state service terminates the employees eligibility for additional pay pursuant to subsection 1. No year served before the interruption may be counted in determining the employees subsequent eligibility.
3. If an employee has elected to have the employees contribution for the Public Employees Retirement System paid by his or her employer, any payment made to the employee pursuant to this section must be counterbalanced by an equivalent reduction in the employees salary for the employees portion of the contribution in the same manner as prescribed in NRS 286.421.
4. As used in this section, continuous service means uninterrupted service as defined by the Commission.
κ2023 Statutes of Nevada, Page 1011 (CHAPTER 173, AB 522)κ
Sec. 33. NRS 284.3775 is hereby amended to read as follows:
284.3775 1. Except as otherwise provided in this section, employees of the Supreme Court, employees of the Court of Appeals or employees in the unclassified service of the Executive Branch of the Government of the State of Nevada who have served for 4 consecutive months or more are entitled to transfer to a position having similar duties and compensation in the classified service of the State on the same basis as employees may transfer within the classified service from a position under one appointing authority to a position under another appointing authority.
2. An employee of the Legislative Branch of the Government of the State of Nevada who has served for 4 consecutive months or more is entitled to transfer to:
(a) Any position in the classified service of the State having similar duties and compensation; or
(b) Any other position in the classified service of the State for which the employee is qualified, without regard to the duties and compensation of the position.
Κ Except as otherwise provided in this subsection and subsection 6, such an employee is entitled to transfer to such a position on the same basis as employees may transfer within the classified service from a position under one appointing authority to a position under another appointing authority.
3. The benefit conferred by subsections 1 and 2 includes any exemption from the taking of a competitive examination, retention of credits for annual and sick leave, longevity and priority on the lists of eligible persons to the extent that such privileges are accorded to employees transferring within the classified service.
4. Except as otherwise provided in subsection 6, the benefits conferred by subsection 1 do not apply to an employee in the unclassified service who is the chief officer of a department or division.
5. Except as otherwise provided in this subsection and subsection 6, a person may not transfer pursuant to subsection 1 to a class composed of:
(a) Professionally qualified persons; or
(b) Officers and administrators who set broad policies and exercise responsibility for the execution of those policies.
Κ A person may transfer to a class described in paragraph (a) or (b) if that class is provided for pursuant to subsection 2 of NRS 284.155.
6. The restrictions provided in subsections 4 and 5 do not apply to:
(a) An employee of the Legislative Branch of Government; or
(b) An employee of the Supreme Court, an employee of the Court of Appeals or an employee in the unclassified service of the Executive Branch of Government whose appointment to that position was immediately preceded by an appointment in the classified service, except that an employee described in this paragraph may only transfer to a position in the classified service that has duties and compensation that are similar either to the employees current position or to a position the employee previously held in the classified service.
7. An employee in the classified service of the State who is granted leave without pay to accept a position in the Legislative Branch of Government during a regular or special session:
κ2023 Statutes of Nevada, Page 1012 (CHAPTER 173, AB 522)κ
(a) Is entitled to be restored to the employees previous position in the classified service upon the completion of the legislative session without loss of seniority or benefits. Seniority must be calculated as if the employee had not taken the leave.
(b) Is eligible to fill vacancies in positions within the classified service to the extent that the employee would be eligible if the employee was not on leave from the employees position in the classified service.
8. An employee of the Legislative Branch of the Government of the State of Nevada who is employed at the conclusion of a regular session of the Legislature and is eligible at that time pursuant to subsection 2 to transfer to a position in the classified service of the State may transfer to such a position on or before November 1 following session notwithstanding the termination of the employees employment with the Legislative Branch of Government before that date.
9. For the purposes of this section, the weekly compensation of an employee of the Legislative Branch of Government who is paid a daily salary during a legislative session is seven times the daily salary.
Sec. 34. NRS 286.160 is hereby amended to read as follows:
286.160 1. The Board shall employ an Executive Officer who serves at the pleasure of the Board. The Executive Officer shall select a General Counsel, Operations Officer, Chief Investment Officer, Deputy Investment Officer, Chief Financial Officer, Manager of Information Systems, Administrative Services Coordinator and Administrative Analyst whose appointments are effective upon confirmation by the Board. The General Counsel, Operations Officer, Chief Investment Officer, Deputy Investment Officer, Chief Financial Officer, Manager of Information Systems, Administrative Services Coordinator and Administrative Analyst serve at the pleasure of the Executive Officer.
2. The Executive Officer, General Counsel, Operations Officer, Chief Investment Officer, Deputy Investment Officer, Chief Financial Officer, Manager of Information Systems, Administrative Services Coordinator and Administrative Analyst are entitled to annual salaries fixed by the Board with the approval of the Interim Retirement and Benefits Committee of the Legislature created pursuant to NRS 218E.420. [The salaries of these employees are exempt from the limitations of NRS 281.123.]
3. The Executive Officer must:
(a) Be a graduate of a 4-year college or university with a degree in business administration or public administration or equivalent degree.
(b) Possess at least 5 years experience in a high level administrative or executive capacity, including responsibility for a variety of administrative functions such as retirement, insurance, investment or fiscal operations.
4. The General Counsel must be an attorney in good standing licensed and admitted to practice law in this State.
5. The Operations Officer, Chief Investment Officer, Deputy Investment Officer, Chief Financial Officer, Manager of Information Systems and Administrative Analyst must each be a graduate of a 4-year college or university with a degree in business administration or public administration or an equivalent degree.
6. Except as otherwise provided in NRS 284.143, the Executive Officer shall not pursue any other business or occupation or perform the duties of any other office of profit during normal office hours unless on leave approved in advance.
κ2023 Statutes of Nevada, Page 1013 (CHAPTER 173, AB 522)κ
approved in advance. The Executive Officer shall not participate in any business enterprise or investment in real or personal property if the System owns or has a direct financial interest in that enterprise or property.
Sec. 35. NRS 287.0424 is hereby amended to read as follows:
287.0424 1. The Board shall employ an Executive Officer, subject to the approval of the Governor. The Executive Officer is in the unclassified service of the State and serves at the pleasure of the Board. The Board may delegate to the Executive Officer the exercise or discharge of any power, duty or function vested in or imposed upon the Board.
2. The Executive Officer must:
(a) Be a graduate of a 4-year college or university with a degree in business administration or public administration or an equivalent degree, as determined by the Board; and
(b) Possess at least 5 years experience in a high-level administrative or executive capacity in the field of insurance, management of employees benefits or risk management, including, without limitation, responsibility for a variety of administrative functions such as personnel, accounting, data processing or the structuring of insurance programs.
3. Except as otherwise provided in NRS 284.143, the Executive Officer shall not pursue any other business or occupation or perform the duties of any other office of profit during normal office hours unless on leave approved in advance. The Executive Officer shall not participate in any business enterprise or investment:
(a) With any vendor or provider to the Program; or
(b) In real or personal property if the Program owns or has a direct financial interest in that enterprise or property.
4. The Executive Officer is entitled to an annual salary fixed by the Board. [The salary of the Executive Officer is exempt from the limitations set forth in NRS 281.123.]
Sec. 36. 1. Except as otherwise provided in subsections 3 to 7, inclusive, there is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $2,568,470 for Fiscal Year 2023-2024 and the sum of $2,964,253 for Fiscal Year 2024-2025 for the plan to encourage continuity of service established by section 32 of this act.
2. There is hereby appropriated from the State Highway Fund to the State Board of Examiners the sum of $1,309,892 for Fiscal Year 2023-2024 and the sum of $1,493,032 for Fiscal Year 2024-2025 for the plan to encourage continuity of service established by section 32 of this act.
3. There is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $2,618,574 for Fiscal Year 2023-2024 and the sum of $2,903,595 for Fiscal Year 2024-2025 for classified and professional employees of the Nevada System of Higher Education whose positions are included in the Executive Budget as approved by the 82nd Session of the Nevada Legislature for the plan to encourage continuity of service established by section 32 of this act for classified employees and, for professional employees, a plan to encourage continuity of service that provides payments in the same manner as the plan established by section 32 of this act.
4. There is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $692,361 for Fiscal Year 2023-2024 for the plan to encourage continuity of service established by section 32 of this act for eligible employees whose positions in the Executive Budget are funded from budget accounts that have authorized reserves or retained earnings.
κ2023 Statutes of Nevada, Page 1014 (CHAPTER 173, AB 522)κ
act for eligible employees whose positions in the Executive Budget are funded from budget accounts that have authorized reserves or retained earnings.
5. There is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $687,311 for Fiscal Year 2023-2024 for the plan to encourage continuity of service established by section 32 of this act for employees whose positions in the Executive Budget are funded from budget accounts that do not have authorized reserves or retained earnings and do not receive any appropriation from the State General Fund or the State Highway Fund.
6. There is hereby appropriated from the State General Fund to the Judicial Department Staff Salaries budget account the sum of $87,808 for Fiscal Year 2023-2024 and the sum of $98,711 for Fiscal Year 2024-2025 for a plan to encourage continuity of service that provides payments in the same manner as the plan established by section 32 of this act.
7. There is hereby appropriated from the State General Fund to the Legislative Fund the sum of $154,248 for Fiscal Year 2023-2024 and the sum of $173,606 for Fiscal Year 2024-2025 for a plan to encourage continuity of service that provides payments in the same manner as the plan established by section 32 of this act.
8. Any remaining balance of the sums appropriated by subsections 1, 2, 4 and 5 and, if applicable, transferred pursuant to this subsection, at the end of Fiscal Year 2023-2024 must be carried forward to Fiscal Year 2024-2025 to be used for the same purpose. The sums appropriated by subsections 1, 2, 4 and 5 for Fiscal Year 2024-2025 may be transferred from Fiscal Year 2024-2025 to Fiscal Year 2023-2024 with the approval of the Interim Finance Committee upon the recommendation of the Governor.
9. Any remaining balance of the sums appropriated by subsections 3 and 6 must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by the entity to which the money was appropriated, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
Sec. 37. The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse to various departments, commissions and agencies out of the money appropriated by sections 4 to 9, inclusive, of this act and subsections 1 to 5, inclusive, of section 36 of this act sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equal the amount of money required to pay the salaries of the unclassified, nonclassified and classified employees of the respective departments, commissions and agencies under the adjusted pay plan. The sums appropriated by sections 4 to 9, inclusive, of this act and subsections 1 to 5, inclusive, of section 36 of this act may not be allocated and disbursed to address a deficiency between the appropriated money as fixed by the 82nd Session of the Nevada Legislature and the requirements for salaries resulting from any circumstance other than the increases in salaries described in this section. Appropriations made by sections 4 to 9, inclusive, of this act and subsections 1 to 5, inclusive, of section 36 of this act must be accounted for in separate categories of expenses and may be transferred from one such category to another in accordance with NRS 353.220.
κ2023 Statutes of Nevada, Page 1015 (CHAPTER 173, AB 522)κ
accounted for in separate categories of expenses and may be transferred from one such category to another in accordance with NRS 353.220.
Sec. 38. 1. Any remaining balance of the sums appropriated by sections 4 to 9, inclusive, of this act and subsections 1, 2, 4 and 5 of section 36 of this act must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund from which it was appropriated on or before September 19, 2025.
2. When determining the allocations of the money appropriated by sections 4 to 9, inclusive, of this act and subsections 1, 2, 4 and 5 of section 36 of this act, the State Board of Examiners shall not distribute money to an account beyond the maximum salary need amount determined for the account. Appropriations established for an account within a department, agency or commission must not be distributed to another account within the department, agency or commission if that action results in the distribution of money beyond the maximum salary need amount determined for the account.
Sec. 39. The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse to various departments, commissions and agencies out of the money appropriated by sections 13, 14, 15, 19 and 20 of this act such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available, equal the amount of money required to pay the salaries of the unclassified, nonclassified and classified employees of the respective departments, commissions and agencies under the adjusted pay plan. The sums appropriated by sections 13, 14, 15, 19 and 20 of this act may not be allocated and disbursed to address a deficiency between the appropriated money as fixed by the 82nd Session of the Nevada Legislature and the requirements for salaries resulting from any circumstance other than the increases in salaries described in those sections. Appropriations made by sections 13, 14, 15, 19 and 20 of this act must be accounted for in separate categories of expenses and may be transferred from one such category to another in accordance with NRS 353.220.
Sec. 40. 1. Any remaining balance of the sums appropriated by sections 13, 14, 15, 19 and 20 of this act must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund from which it was appropriated on or before September 19, 2025.
2. When determining the allocations of the money appropriated by sections 13, 14, 15, 19 and 20 of this act, the State Board of Examiners shall not distribute money to an account beyond the maximum salary need amount determined for the account.
κ2023 Statutes of Nevada, Page 1016 (CHAPTER 173, AB 522)κ
determined for the account. Appropriations established for an account within a department, agency or commission must not be distributed to another account within the department, agency or commission if that action results in the distribution of money beyond the maximum salary need amount determined for the account.
Sec. 41. The Department of Health and Human Services and the Department of Corrections may adopt a plan to authorize additional payments of up to $60 for a specified period on a weeknight and up to $100 for a specified period on a weekend day for unclassified employees who are Senior Psychiatrists, Senior Physicians or Pharmacists to perform on-call responsibilities to ensure 24-hour coverage in psychiatric treatment facilities and correctional facilities and institutions. On-call responsibilities for Senior Psychiatrists and Senior Physicians include, without limitation, attending to clinical emergencies, evaluation of patients subject to seclusion and restraint and completing rounds during weekends. On-call responsibilities for Pharmacists include, without limitation, consultation with medical personnel and first dosage reviews.
Sec. 42. The Nevada Gaming Control Board may adopt a plan to authorize additional payments of up to $5,000 annually for unclassified employees who possess a current Nevada certified public accountant certificate, a license to practice law in the State of Nevada or any other state, or who are in a qualifying position as an electronic laboratory engineer and possess a bachelor of science or higher degree in engineering, electronic engineering or computer science and utilize, in the opinion of the Board, the skills evidenced by such qualifications to further enhance the performance of their job duties and responsibilities.
Sec. 43. If the name of an officer or agency has been changed or the responsibilities of an officer or agency have been transferred pursuant to the provisions of another act enacted by the 82nd Session of the Nevada Legislature and approved by the Governor and the change in name or transfer of duties is not indicated in this act, any reference to that officer or agency in this act shall be deemed to refer to the officer or agency the name of which or duties of which have been changed or transferred by the other act.
Sec. 44. NRS 281.123 is hereby repealed.
Sec. 45. 1. This section and sections 1 to 12, inclusive, 21 to 38, inclusive, and 41 to 44, inclusive, of this act become effective on July 1, 2023.
2. Sections 13 to 20, inclusive, 39 and 40 of this act become effective on July 1, 2023, if and only if Assembly Bill No. 498 of this session is not enacted by the Legislature and approved by the Governor.
________
κ2023 Statutes of Nevada, Page 1017κ
Assembly Bill No. 22Committee on Commerce and Labor
CHAPTER 174
[Approved: June 2, 2023]
AN ACT relating to contractors; revising provisions governing the actions that the State Contractors Board is authorized or required to take after the issuance of a cease and desist order for unlicensed activity; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the State Contractors Board to issue a cease and desist order to a person for acting as a contractor or submitting a bid on a job in this State without a license as a contractor and sets forth the actions that the Board is authorized or required to take after the issuance of the order. If the Board determines that the person to whom the cease and desist order was issued has not complied with the order, existing law requires the Board to: (1) for a first violation for which the value of the unlicensed work is $50,000 or less, issue a written administrative citation, conditioned upon the submission by the person of an application for a license as a contractor; and (2) for a second or subsequent violation, or a first violation for which the value of the unlicensed work exceeds $50,000, report the violation for possible criminal prosecution. If the Board determines that the person has complied with the cease and desist order, existing law: (1) requires the Board to issue an administrative citation and impose an administrative fine; and (2) authorizes the Board to require the person to submit an application for a license as a contractor. (NRS 624.212)
This bill replaces the separate procedures in existing law that the Board is required to follow after the issuance of a cease and desist order, depending upon whether the person to whom the order was issued complied with the order. Under the procedures set forth in this bill, the Board, regardless of the persons compliance with the order, is required to issue an administrative citation and impose an administrative fine for a first violation which does not involve theft or fraud. For a second or subsequent violation, or for any first violation involving theft or fraud, this bill requires the Board to: (1) issue an administrative citation and impose an administrative fine; (2) report the violation for possible criminal prosecution; or (3) take both of those actions. This bill retains the authority of the Board in existing law to, after the issuance of a cease and desist order: (1) require the person to submit an application for a license as a contractor; and (2) apply for injunctive relief.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 624.212 is hereby amended to read as follows:
624.212 1. The Executive Officer, on behalf of the Board, shall issue an order to cease and desist to any person:
(a) Acting as a contractor, including, without limitation, commencing work as a contractor; or
(b) Submitting a bid on a job situated in this State,
Κ without a valid license issued pursuant to this chapter. The order must be served personally or by certified mail and is effective upon receipt. For the purposes of this section, a person shall be deemed to have a valid license if the person has an active license and is performing work in conformity with the requirements of subsection 4 of NRS 624.220.
κ2023 Statutes of Nevada, Page 1018 (CHAPTER 174, AB 22)κ
purposes of this section, a person shall be deemed to have a valid license if the person has an active license and is performing work in conformity with the requirements of subsection 4 of NRS 624.220.
2. After confirming that the cease and desist order has been received by the person to whom it was issued, the Board shall return to the job site or take any other action required to confirm that the terms of the cease and desist order have been complied with. The person to whom the cease and desist order was issued may, while in the course of stopping work on the job, take any necessary action within 48 hours after receiving the cease and desist order to protect the public, the project, any other contractors, laborers and equipment on the site and to limit the loss of any perishable goods.
3. [If the Board determines that any term of a cease and desist order has not been complied with and no exception applies:
(a) The person to whom the cease and desist order was issued shall be deemed noncompliant with the cease and desist order and the person may not complete the project, except for taking any necessary action to protect the public, the project, any other contractors, laborers and equipment and to limit the loss of any perishable goods.
(b) Except as otherwise provided in paragraph (c), for a first violation, the Board shall issue a written administrative citation pursuant to NRS 624.341, which may include any reasonable investigatory fees and costs, conditioned upon the submission by the person of a bona fide application for the issuance of a license pursuant to this chapter within a reasonable period established by the Board.
(c) For a second or subsequent violation, or for any first violation for which the reasonable value of the unlicensed work exceeds $50,000, the Board shall:
(1) Report the violation of the cease and desist order to the appropriate district attorney for possible criminal prosecution pursuant to NRS 624.700; and
(2) Provide any reasonable assistance in the prosecution.
(d) The Board may apply for injunctive relief pursuant to the Nevada Rules of Civil Procedure to enjoin the person to whom the cease and desist order was issued from continuing to violate the cease and desist order in any county in which the person may be found. If such an action is filed, irreparable injury is presumed and the likelihood of success on the merits may be established by a showing that, on the date the cease and desist order was issued, the person did not hold a valid license issued pursuant to this chapter and had bid for or undertaken work for which such a license is required.
4. If the Board determines that the person to whom the] After issuing a cease and desist order , [was issued has complied with the order,] the Board [:] shall:
(a) [Shall] For a first violation which does not involve theft or fraud, issue an administrative citation pursuant to NRS 624.341 and impose an administrative fine against the person in accordance with NRS 624.710, in addition to any reasonable investigatory fees and costs . [; and]
(b) [May require] For a second or subsequent violation, or for any first violation involving theft or fraud, take any or all of the following actions:
κ2023 Statutes of Nevada, Page 1019 (CHAPTER 174, AB 22)κ
(1) Issue an administrative citation pursuant to NRS 624.341 and impose an administrative fine against the person in accordance with NRS 624.710, in addition to any reasonable investigatory fees and costs.
(2) Report the violation of the provisions of this chapter for possible criminal prosecution pursuant to NRS 624.700. If the violation is prosecuted, the Board shall provide any reasonable assistance in the prosecution.
4. After issuing a cease and desist order, in addition to the actions required by subsection 3, the Board may:
(a) Require the person to submit a bona fide application for the issuance of a license pursuant to this chapter within a reasonable period established by the Board.
(b) If the Board determines that any term of the cease and desist order has not been complied with and no exception applies, apply for injunctive relief pursuant to the Nevada Rules of Civil Procedure to enjoin the person to whom the cease and desist order was issued from continuing to violate the cease and desist order in any county in which the person may be found. If such an action is filed, irreparable injury is presumed and the likelihood of success on the merits may be established by a showing that, on the date the cease and desist order was issued, the person did not hold a valid license issued pursuant to this chapter and had bid for or undertaken work for which such a license is required.
5. When assessing an administrative fine pursuant to this section, the Board may:
(a) Require the person to whom the cease and desist order was issued to remedy any loss or damage caused by the unlicensed activity for which the order was issued, including, without limitation, the disgorgement of any amount of money collected from the owner of the project that was not for material delivered to the job site and that has not been damaged or altered by the person;
(b) Reduce or stay any administrative fine imposed pursuant to subsection [4] 3 pending completion by the person of a program of training or an examination required by the Board; or
(c) Reduce or stay any administrative fine imposed pursuant to subsection [4] 3 if the person obtains a valid license issued pursuant to this chapter.
6. When imposing an administrative fine pursuant to this section, the Board shall impose the maximum administrative fine established pursuant to this chapter for the unlicensed activity if more than one of the following circumstances exist:
(a) The person has previously committed the same or a similar violation as the violation for which the administrative fine is imposed;
(b) The unlicensed activity involves more than one trade or craft;
(c) The unlicensed activity resulted in harm to any person or property;
(d) The unlicensed activity involved an elderly person or a person with a diagnosed physical or mental disability; or
(e) The unlicensed activity was for a project having a contract value in excess of $50,000.
κ2023 Statutes of Nevada, Page 1020 (CHAPTER 174, AB 22)κ
7. Within 15 business days after receiving a cease and desist order, the person against whom the order was issued may petition the Board in writing to lift or alter the order. The petition may assert:
(a) As an absolute defense:
(1) Licensure of the person pursuant to this chapter;
(2) Any applicable exception to licensure set forth in NRS 624.031; or
(3) Misidentification of the person.
(b) As a partial defense:
(1) Overbreadth of any term of the cease and desist order;
(2) Vagueness or ambiguity of any term of the cease and desist order;
(3) Consideration of any necessary action taken by the person to protect the public, the project, any other contractors, laborers and any equipment on the job site and to limit any loss of perishable goods; or
(4) Any other [defect] deficiency in the terms of the cease and desist order.
8. After considering any assertion made in a petition pursuant to:
(a) Paragraph (a) of subsection 7, the Board shall, if facts are established to the satisfaction of the Board to support the absolute defense asserted in the petition, vacate the cease and desist order or any portion thereof.
(b) Paragraph (b) of subsection 7, the Board shall, if facts are established to the satisfaction of the Board to support the partial defense asserted in the petition, reasonably clarify any terms of the cease and desist order requested by the petitioner.
9. When considering an application for the issuance of a license pursuant to this chapter, the Board may consider:
(a) Any cease and desist order issued against the applicant;
(b) Compliance by the applicant with any cease and desist order issued against him or her;
(c) Any criminal conviction of the applicant for failure to comply with any cease and desist order; or
(d) The payment by the applicant of any criminal or administrative fine and any administrative fee or cost imposed against the applicant.
10. If the court finds that a person violated an order issued pursuant to subsection 1 without an established absolute defense set forth in paragraph (a) of subsection 7, it shall impose a fine of not less than $250 nor more than $1,000 for each violation of the order.
________
κ2023 Statutes of Nevada, Page 1021κ
Assembly Bill No. 33Committee on Government Affairs
CHAPTER 175
[Approved: June 2, 2023]
AN ACT relating to governmental financial administration; revising provisions governing the investment of money in the State Permanent School Fund; revising provisions governing the investment of money by certain governmental entities; revising provisions governing money transferred from the State Permanent School Fund to a corporation for public benefit to provide private equity funding to certain businesses; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that the State Treasurer: (1) shall have charge of all investments of money and the sale of all securities of the State Permanent School Fund; and (2) if there is a sufficient amount of uninvested money in the Fund, shall negotiate for the investment of the money in certain investments. (NRS 355.050, 355.060) Section 1 of this bill expands the list of authorized investments for money in the State Permanent School Fund to include: (1) certain commercial paper issued by certain corporations, trusts and limited-liability companies organized and operating in the United States and depository institutions licensed by the United States; and (2) certain notes, bonds and other unconditional obligations issued by certain corporations organized and operating in the United States or depository institutions licensed by the United States.
Under existing law, the State Treasurer is prohibited from making certain investments of money in the State Permanent School Fund unless the State Treasurer obtains a judicial determination that such an investment does not violate the prohibition in the Nevada Constitution against the State of Nevada donating or loaning state money or credit, or subscribing to or being interested in the stock of any company, association or corporation, except a corporation that is formed for educational or charitable purposes. (Nev. Const. Art. 8, § 9; NRS 355.060) Section 1 prohibits the State Treasurer from investing in such commercial paper and notes, bonds and other unconditional obligations issued by certain corporations, trusts, limited-liability companies and depository institutions without obtaining a judicial determination that such an investment does not violate the prohibition in the Nevada Constitution.
Upon obtaining a judicial determination that an investment does not violate the Nevada Constitution, existing law authorizes the State Treasurer to transfer up to $75,000,000 from the State Permanent School Fund to a corporation for public benefit and requires the corporation by agreement to provide private equity funding to businesses engaged in certain industries, at least 70 percent of which funding must be provided to businesses located or seeking to locate in Nevada. (NRS 355.280) Section 4 of this bill: (1) decreases the amount of private equity funding such a corporation for public benefit must agree to provide to certain businesses located in this State or seeking to locate in this State from at least 70 percent to more than 50 percent; and (2) provides that the corporation for public benefit may provide private equity funding to a pooled fund that includes businesses located outside of this State provided that more than 50 percent of the funding is provided to certain businesses located in this State or seeking to locate in this State.
κ2023 Statutes of Nevada, Page 1022 (CHAPTER 175, AB 33)κ
Existing law authorizes the State Treasurer to invest money from the General Portfolio of the State in certain categories of bonds and other securities. (NRS 355.140) Section 2 of this bill: (1) increases from 20 to 25 percent the maximum share of the aggregate value of the General Portfolio that is authorized to be invested in bankers acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve banks or trust companies which are members of the Federal Reserve System; and (2) authorizes investment in commercial paper issued by certain trusts or limited-liability companies, in addition to the existing authority to invest in commercial paper issued by certain corporations.
Existing law prescribes the bonds and other securities that are proper and lawful investments for a local government and certain administrative entities. (NRS 355.170) Section 3 of this bill revises these authorized investments to require that investments in negotiable certificates of deposit: (1) must have a remaining term to maturity of 5 years or less at the time of purchase; and (2) must, under certain circumstances, be rated by a nationally recognized rating service as A-1, P-1 or its equivalent, or better. Section 3 also provides that not more than 5 percent of the total par value of the portfolio may be invested in notes, bonds and other unconditional obligations issued by any one commercial bank, insured credit union, savings and loan association or savings bank.
Section 3 further increases from 20 to 25 percent the maximum share of the money available to a local government for investment that is authorized to be invested in bankers acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve banks or trust companies which are members of the Federal Reserve System. Lastly, section 3 removes the requirement that to invest in obligations of state and local governments, the interest on the obligation must be exempt from gross income for federal income tax purposes.
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 355.060 is hereby amended to read as follows:
355.060 1. The State Controller shall notify the State Treasurer monthly of the amount of uninvested money in the State Permanent School Fund.
2. Whenever there is a sufficient amount of money for investment in the State Permanent School Fund, the State Treasurer shall proceed to negotiate for the investment of the money in:
(a) United States bonds.
(b) A bond, note or other obligation issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, the International Finance Corporation or the Inter-American Development Bank that:
(1) Is denominated in United States dollars;
(2) Is a senior unsecured unsubordinated obligation;
(3) At the time of purchase has a remaining term to maturity of 5 years or less; and
(4) Is rated by a nationally recognized rating service as AA or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 15 percent of the total par value of the portfolio as determined at the time of purchase.
κ2023 Statutes of Nevada, Page 1023 (CHAPTER 175, AB 33)κ
(c) A bond, note or other obligation publicly issued in the United States by a foreign financial institution, corporation or government that:
(1) Is denominated in United States dollars;
(2) Is a senior unsecured unsubordinated obligation;
(3) Is registered with the Securities and Exchange Commission in accordance with the provisions of the Securities Act of 1933, 15 U.S.C. §§ 77a et seq., as amended;
(4) Is purchased from a registered broker-dealer;
(5) At the time of purchase has a remaining term to maturity of 5 years or less; and
(6) Is rated by a nationally recognized rating service as A or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 10 percent of the total par value of the portfolio as determined at the time of purchase.
(d) Obligations or certificates of the Federal National Mortgage Association, the Federal Home Loan Banks, the Federal Home Loan Mortgage Corporation, the Federal Farm Credit Banks Funding Corporation or the Student Loan Marketing Association, whether or not guaranteed by the United States.
(e) Bonds of this state or of other states.
(f) Bonds of any county of the State of Nevada.
(g) United States treasury notes.
(h) Farm mortgage loans fully insured and guaranteed by the Farm Service Agency of the United States Department of Agriculture.
(i) Loans at a rate of interest of not less than 6 percent per annum, secured by mortgage on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, of unexceptional title and free from all encumbrances.
(j) Money market mutual funds that:
(1) Are registered with the Securities and Exchange Commission;
(2) Are rated by a nationally recognized rating service as AAA or its equivalent; and
(3) Invest only in securities issued or guaranteed as to payment of principal and interest by the Federal Government, or its agencies or instrumentalities, or in repurchase agreements that are fully collateralized by such securities.
(k) Common or preferred stock of a corporation created by or existing under the laws of the United States or of a state, district or territory of the United States, if:
(1) The stock of the corporation is:
(I) Listed on a national stock exchange; or
(II) Traded in the over-the-counter market, if the price quotations for the over-the-counter stock are quoted by the National Association of Securities Dealers Automated Quotation System (NASDAQ);
(2) The outstanding shares of the corporation have a total market value of not less than $50,000,000;
κ2023 Statutes of Nevada, Page 1024 (CHAPTER 175, AB 33)κ
(3) The maximum investment in stock is not greater than 50 percent of the book value of the total investments of the State Permanent School Fund;
(4) Except for investments made pursuant to paragraph (m), the amount of an investment in a single corporation is not greater than 3 percent of the book value of the assets of the State Permanent School Fund; and
(5) Except for investments made pursuant to paragraph (m), the total amount of shares owned by the State Permanent School Fund is not greater than 5 percent of the outstanding stock of a single corporation.
(l) A pooled or commingled real estate fund or a real estate security that is managed by a corporate trustee or by an investment advisory firm that is registered with the Securities and Exchange Commission, either of which may be retained by the State Treasurer as an investment manager. The shares and the pooled or commingled fund must be held in trust. The total book value of an investment made under this paragraph must not at any time be greater than 5 percent of the total book value of all investments of the State Permanent School Fund.
(m) Mutual funds or common trust funds that consist of any combination of the investments listed in paragraphs (a) to (l), inclusive.
(n) The limited partnerships or limited-liability companies described in NRS 355.280.
(o) Commercial paper issued by a corporation, trust or limited-liability company organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States that:
(1) At the time of purchase has a remaining term to maturity of not more than 270 days; and
(2) Is rated by a nationally recognized rating service as A-1, P-1 or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 10 percent of the total par value of the portfolio as determined at the time of purchase. If the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, the State Treasurer shall take such action as he or she deems appropriate to preserve the principal value and integrity of the portfolio as a whole and report to the State Board of Finance any action taken by the State Treasurer pursuant to this paragraph.
(p) Notes, bonds and other unconditional obligations for the payment of money, except certificates of deposit that are not issued by commercial banks, insured credit unions, savings and loan associations or savings banks, issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any state and operating in the United States that:
(1) Are purchased from a registered broker-dealer;
(2) At the time of purchase have a remaining term to maturity of not more than 5 years; and
(3) Are rated by a nationally recognized rating service as A or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 15 percent of the total par value of the portfolio as determined at the time of purchase. If the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, the State Treasurer shall take such action as he or she deems appropriate to preserve the principal value and integrity of the portfolio as a whole and report to the State Board of Finance any action taken by the State Treasurer pursuant to this paragraph.
κ2023 Statutes of Nevada, Page 1025 (CHAPTER 175, AB 33)κ
reduced to a level that does not meet the requirements of this paragraph, the State Treasurer shall take such action as he or she deems appropriate to preserve the principal value and integrity of the portfolio as a whole and report to the State Board of Finance any action taken by the State Treasurer pursuant to this paragraph.
3. The State Treasurer shall not invest any money in the State Permanent School Fund pursuant to paragraph (k), (l), (m) , [or] (n) , (o) or (p) of subsection 2 unless the State Treasurer obtains a judicial determination that the proposed investment or category of investments will not violate the provisions of Section 9 of Article 8 of the Constitution of the State of Nevada. The State Treasurer shall contract for the services of independent contractors to manage any investments of the State Treasurer made pursuant to paragraph (k), (l) , [or] (m) , (o) or (p) of subsection 2. The State Treasurer shall establish such criteria for the qualifications of such an independent contractor as are appropriate to ensure that each independent contractor has expertise in the management of such investments.
4. In addition to the investments authorized by subsection 2, the State Treasurer may make loans of money from the State Permanent School Fund to school districts pursuant to NRS 387.526.
5. No part of the State Permanent School Fund may be invested pursuant to a reverse-repurchase agreement.
Sec. 2. NRS 355.140 is hereby amended to read as follows:
355.140 1. In addition to other investments provided for by a specific statute, the following bonds and other securities are proper and lawful investments of any of the money of this state, of its various departments, institutions and agencies, and of the State Insurance Fund:
(a) Bonds and certificates of the United States;
(b) Bonds, notes, debentures and loans if they are underwritten by or their payment is guaranteed by the United States;
(c) Obligations or certificates of the United States Postal Service, the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Agricultural Mortgage Corporation, the Federal Home Loan Banks, the Federal Home Loan Mortgage Corporation or the Student Loan Marketing Association, whether or not guaranteed by the United States;
(d) Bonds of this state or other states of the Union;
(e) Bonds of any county of this state or of other states;
(f) Bonds of incorporated cities in this state or in other states of the Union, including special assessment district bonds if those bonds provide that any deficiencies in the proceeds to pay the bonds are to be paid from the general fund of the incorporated city;
(g) General obligation bonds of irrigation districts and drainage districts in this state which are liens upon the property within those districts, if the value of the property is found by the board or commission making the investments to render the bonds financially sound over all other obligations of the districts;
(h) Bonds of school districts within this state;
(i) Bonds of any general improvement district whose population is 200,000 or more and which is situated in two or more counties of this state or of any other state, if:
κ2023 Statutes of Nevada, Page 1026 (CHAPTER 175, AB 33)κ
(1) The bonds are general obligation bonds and constitute a lien upon the property within the district which is subject to taxation; and
(2) That property is of an assessed valuation of not less than five times the amount of the bonded indebtedness of the district;
(j) Medium-term obligations for counties, cities and school districts authorized pursuant to chapter 350 of NRS;
(k) Loans bearing interest at a rate determined by the State Board of Finance when secured by first mortgages on agricultural lands in this state of not less than three times the value of the amount loaned, exclusive of perishable improvements, and of unexceptional title and free from all encumbrances;
(l) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, excluding such money thereof as has been received or which may be received hereafter from the Federal Government or received pursuant to some federal law which governs the investment thereof;
(m) Negotiable certificates of deposit issued by commercial banks, insured credit unions, savings and loan associations or savings banks;
(n) Bankers acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve banks or trust companies which are members of the Federal Reserve System, except that acceptances may not exceed 180 days maturity, and may not, in aggregate value, exceed [20] 25 percent of the total par value of the portfolio as determined at the time of purchase;
(o) Commercial paper issued by a corporation , trust or limited-liability company organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States that:
(1) At the time of purchase has a remaining term to maturity of not more than 270 days; and
(2) Is rated by a nationally recognized rating service as A-1, P-1 or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 25 percent of the total par value of the portfolio as determined at the time of purchase. If the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, the State Treasurer shall take such action as he or she deems appropriate to preserve the principal value and integrity of the portfolio as a whole and report to the State Board of Finance any action taken by the State Treasurer pursuant to this paragraph;
(p) Notes, bonds and other unconditional obligations for the payment of money, except certificates of deposit that do not qualify pursuant to paragraph (m), issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any state and operating in the United States that:
κ2023 Statutes of Nevada, Page 1027 (CHAPTER 175, AB 33)κ
paragraph (m), issued by corporations organized and operating in the United States or by depository institutions licensed by the United States or any state and operating in the United States that:
(1) Are purchased from a registered broker-dealer;
(2) At the time of purchase have a remaining term to maturity of not more than 5 years; and
(3) Are rated by a nationally recognized rating service as A or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 25 percent of the total par value of the portfolio as determined at the time of purchase. If the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, the State Treasurer shall take such action as he or she deems appropriate to preserve the principal value and integrity of the portfolio as a whole and report to the State Board of Finance any action taken by the State Treasurer pursuant to this paragraph;
(q) A bond, note or other obligation issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, the International Finance Corporation or the Inter-American Development Bank that:
(1) Is denominated in United States dollars;
(2) Is a senior unsecured unsubordinated obligation;
(3) At the time of purchase has a remaining term to maturity of 5 years or less; and
(4) Is rated by a nationally recognized rating service as AA or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 15 percent of the total par value of the portfolio as determined at the time of purchase;
(r) A bond, note or other obligation publicly issued in the United States by a foreign financial institution, corporation or government that:
(1) Is denominated in United States dollars;
(2) Is a senior unsecured unsubordinated obligation;
(3) Is registered with the Securities and Exchange Commission in accordance with the provisions of the Securities Act of 1933, 15 U.S.C. §§ 77a et seq., as amended;
(4) Is purchased from a registered broker-dealer;
(5) At the time of purchase has a remaining term to maturity of 5 years or less; and
(6) Is rated by a nationally recognized rating service as A or its equivalent, or better,
Κ except that investment pursuant to this paragraph may not, in aggregate value, exceed 10 percent of the total par value of the portfolio as determined at the time of purchase;
(s) Money market mutual funds which:
(1) Are registered with the Securities and Exchange Commission;
(2) Are rated by a nationally recognized rating service as AAA or its equivalent; and
κ2023 Statutes of Nevada, Page 1028 (CHAPTER 175, AB 33)κ
(3) Invest only in securities issued by the Federal Government or agencies of the Federal Government or in repurchase agreements fully collateralized by such securities;
(t) Collateralized mortgage obligations that are rated by a nationally recognized rating service as AAA or its equivalent; and
(u) Asset-backed securities that are rated by a nationally recognized rating service as AAA or its equivalent.
2. Repurchase agreements and reverse-repurchase agreements are proper and lawful investments of money of the State and the State Insurance Fund for the purchase or sale of securities which are negotiable and of the types listed in subsection 1 if made in accordance with the following conditions:
(a) The State Treasurer shall designate in advance and thereafter maintain a list of qualified counterparties which:
(1) Regularly provide audited and, if available, unaudited financial statements to the State Treasurer;
(2) The State Treasurer has determined to have adequate capitalization and earnings and appropriate assets to be highly credit worthy; and
(3) Have executed a written master repurchase agreement or master reverse-repurchase agreement, as applicable, in a form satisfactory to the State Treasurer and the State Board of Finance pursuant to which all repurchase agreements or reverse-repurchase agreements are entered into. The master repurchase agreement and master reverse-repurchase agreement must require the prompt delivery to the State Treasurer and the appointed custodian of written confirmations of all transactions conducted thereunder, and must be developed giving consideration to the Federal Bankruptcy Act, 11 U.S.C. §§ 101 et seq.
(b) In all repurchase agreements:
(1) At or before the time money to pay the purchase price is transferred, title to the purchased securities must be recorded in the name of the appointed custodian, or the purchased securities must be delivered with all appropriate, executed transfer instruments by physical delivery to the custodian;
(2) The State must enter into a written contract with the custodian appointed pursuant to subparagraph (1) which requires the custodian to:
(I) Disburse cash for repurchase agreements only upon receipt of the underlying securities;
(II) Notify the State when the securities are marked to the market if the required margin on the agreement is not maintained;
(III) Hold the securities separate from the assets of the custodian; and
(IV) Report periodically to the State concerning the market value of the securities;
(3) The market value of the purchased securities must exceed 102 percent of the repurchase price to be paid by the counterparty and the value of the purchased securities must be marked to the market weekly;
(4) The date on which the securities are to be repurchased must not be more than 90 days after the date of purchase; and
(5) The purchased securities must not have a term to maturity at the time of purchase in excess of 10 years.
κ2023 Statutes of Nevada, Page 1029 (CHAPTER 175, AB 33)κ
(c) In all reverse-repurchase agreements:
(1) The State must enter into a written contract with the appointed custodian which authorizes the custodian to transfer the securities underlying the reverse-repurchase agreement only at or after the time at which money to pay the purchase price of the securities is transferred to the custodian;
(2) The date on which the State commits to repurchase a security purchased by a counterparty or securities of the same issuer, description, issue date and maturity must not be more than 90 days after the date on which the counterparty purchased the securities from the State; and
(3) Money received by the custodian pursuant to subparagraph (1) may be used by the State only to purchase securities whose maturity matches or is not longer than the term of the reverse-repurchase agreement.
3. As used in this section:
(a) Counterparty means a bank organized and operating or licensed to operate in the United States pursuant to federal or state law or a securities dealer which is:
(1) A registered broker-dealer;
(2) Designated by the Federal Reserve Bank of New York as a primary dealer in United States government securities; and
(3) In full compliance with all applicable capital requirements.
(b) Repurchase agreement means a purchase of securities by the State or State Insurance Fund from a counterparty which commits to repurchase those securities or securities of the same issuer, description, issue date and maturity on or before a specified date for a specified price.
(c) Reverse-repurchase agreement means a purchase of securities by a counterparty from the State which commits to repurchase those securities or securities of the same issuer, description, issue date and maturity on or before a specified date for a specified price.
Sec. 3. NRS 355.170 is hereby amended to read as follows:
355.170 1. Except as otherwise provided in this section and NRS 354.750 and 355.171, the governing body of a local government or an administrative entity established pursuant to NRS 277.080 to 277.180, inclusive, that is not a local government may purchase for investment the following securities and no others:
(a) Bonds and debentures of the United States, the maturity dates of which do not extend more than 10 years after the date of purchase.
(b) A bond, note or other obligation issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, the International Finance Corporation or the Inter-American Development Bank that:
(1) Is denominated in United States dollars;
(2) Is a senior unsecured unsubordinated obligation;
(3) At the time of purchase has a remaining term to maturity of 5 years or less; and
(4) Is rated by a nationally recognized rating service as AA or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 15 percent of the total par value of the portfolio as determined at the time of purchase.
(c) A bond, note or other obligation publicly issued in the United States by a foreign financial institution, corporation or government that:
κ2023 Statutes of Nevada, Page 1030 (CHAPTER 175, AB 33)κ
(1) Is denominated in United States dollars;
(2) Is a senior unsecured unsubordinated obligation;
(3) Is registered with the Securities and Exchange Commission in accordance with the provisions of the Securities Act of 1933, §§ 77a et seq., as amended;
(4) Is purchased from a registered broker-dealer;
(5) At the time of purchase has a remaining term to maturity of 5 years or less; and
(6) Is rated by a nationally recognized rating service as A or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 10 percent of the total par value of the portfolio as determined at the time of purchase.
(d) Farm loan bonds, consolidated farm loan bonds, debentures, consolidated debentures and other obligations issued by federal land banks and federal intermediate credit banks under the authority of the Federal Farm Loan Act, formerly 12 U.S.C. §§ 636 to 1012, inclusive, and §§ 1021 to 1129, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive, and bonds, debentures, consolidated debentures and other obligations issued by banks for cooperatives under the authority of the Farm Credit Act of 1933, formerly 12 U.S.C. §§ 1131 to 1138e, inclusive, and the Farm Credit Act of 1971, 12 U.S.C. §§ 2001 to 2259, inclusive.
(e) Bills and notes of the United States Treasury, the maturity date of which is not more than 10 years after the date of purchase.
(f) Obligations of an agency or instrumentality of the United States of America or a corporation sponsored by the government, the maturity date of which is not more than 10 years after the date of purchase.
(g) Negotiable certificates of deposit issued by commercial banks, insured credit unions, savings and loan associations or savings banks [.] that:
(1) At the time of purchase has a remaining term to maturity of 5 years or less; and
(2) If the certificates are not within the limits of insurance provided by an instrumentality of the United States, are rated by a nationally recognized rating service as A-1, P-1 or its equivalent, or better, or are collateralized in the same manner as is required for uninsured deposits by a county treasurer pursuant to NRS 356.133,
Κ except that not more than 5 percent of the total par value of the portfolio may be invested in notes, bonds and other unconditional obligations issued by any one commercial bank, insured credit union, savings and loan association or savings bank. If the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, the investment advisor must report the reduction in the rating to the governing body of the local government that purchased the investment, the governing body of the local government or, if the purchase was effected by the State Treasurer pursuant to his or her investment of a pool of money from local governments, the State Treasurer must take such action as the governing body or State Treasurer deems appropriate to preserve the principal value and integrity of the portfolio as a whole and the governing body or State Treasurer, as applicable, must report to the State Board of Finance any action taken pursuant to this paragraph. For the purposes of subparagraph (2), any reference in NRS 356.133 to a county treasurer or board of county commissioners shall be deemed to refer to the appropriate financial officer or governing body of the local government purchasing the certificates.
κ2023 Statutes of Nevada, Page 1031 (CHAPTER 175, AB 33)κ
subparagraph (2), any reference in NRS 356.133 to a county treasurer or board of county commissioners shall be deemed to refer to the appropriate financial officer or governing body of the local government purchasing the certificates.
(h) Securities which have been expressly authorized as investments for local governments by any provision of Nevada Revised Statutes or by any special law.
(i) Nonnegotiable certificates of deposit issued by insured commercial banks, insured credit unions, insured savings and loan associations or insured savings banks, except certificates that are not within the limits of insurance provided by an instrumentality of the United States, unless those certificates are collateralized in the same manner as is required for uninsured deposits by a county treasurer pursuant to NRS 356.133. For the purposes of this paragraph, any reference in NRS 356.133 to a county treasurer or board of county commissioners shall be deemed to refer to the appropriate financial officer or governing body of the local government purchasing the certificates.
(j) Subject to the limitations contained in NRS 355.177, negotiable notes or medium-term obligations issued by local governments of the State of Nevada pursuant to NRS 350.087 to 350.095, inclusive.
(k) Bankers acceptances of the kind and maturities made eligible by law for rediscount with Federal Reserve Banks, and generally accepted by banks or trust companies which are members of the Federal Reserve System. Eligible bankers acceptances may not exceed 180 days maturity. Purchases of bankers acceptances may not exceed [20] 25 percent of the money available to a local government for investment as determined at the time of purchase.
(l) Obligations of state and local governments [:
(1) If:
(I) The interest on the obligation is exempt from gross income for federal income tax purposes; and
(II) The] if the obligation [has] :
(1) Has been rated A or higher by one or more nationally recognized bond credit rating agencies; or
(2) [If the obligation is] Is secured by the proceeds that are paid into the tax increment account of a tax increment area created by a municipality pursuant to NRS 278C.220.
(m) Commercial paper issued by a corporation , trust or limited-liability company organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States that:
(1) At the time of purchase has a remaining term to maturity of no more than 270 days; and
(2) Is rated by a nationally recognized rating service as A-1, P-1 or its equivalent, or better,
Κ except that investments pursuant to this paragraph may not, in aggregate value, exceed 25 percent of the total par value of the portfolio as determined at the time of purchase, and not more than 5 percent of the total par value of the portfolio may be invested in commercial paper issued by any one corporation or depository institution. If the rating of an obligation is reduced to a level that does not meet the requirements of this paragraph, the investment advisor must report the reduction in the rating to the governing body of the local government that purchased the investment, the governing body of the local government or, if the purchase was effected by the State Treasurer pursuant to his or her investment of a pool of money from local governments, the State Treasurer must take such action as the governing body or State Treasurer deems appropriate to preserve the principal value and integrity of the portfolio as a whole and the governing body or State Treasurer, as applicable, must report to the State Board of Finance any action taken pursuant to this paragraph.
κ2023 Statutes of Nevada, Page 1032 (CHAPTER 175, AB 33)κ
to a level that does not meet the requirements of this paragraph, the investment advisor must report the reduction in the rating to the governing body of the local government that purchased the investment, the governing body of the local government or, if the purchase was effected by the State Treasurer pursuant to his or her investment of a pool of money from local governments, the State Treasurer must take such action as the governing body or State Treasurer deems appropriate to preserve the principal value and integrity of the portfolio as a whole and the governing body or State Treasurer, as applicable, must report to the State Board of Finance any action taken pursuant to this paragraph.
(n) Money market mutual funds which:
(1) Are registered with the Securities and Exchange Commission;
(2) Are rated by a nationally recognized rating service as AAA or its equivalent; and
(3) Invest only in:
(I) Securities issued by the Federal Government or agencies of the Federal Government;
(II) Master notes, bank notes or other short-term commercial paper rated by a nationally recognized rating service as A-1, P-1 or its equivalent, or better, issued by a corporation organized and operating in the United States or by a depository institution licensed by the United States or any state and operating in the United States; or
(III) Repurchase agreements that are fully collateralized by the obligations described in sub-subparagraphs (I) and (II).
(o) Obligations of the Federal Agricultural Mortgage Corporation.
2. Repurchase agreements are proper and lawful investments of money of a governing body of a local government for the purchase or sale of securities which are negotiable and of the types listed in subsection 1 if made in accordance with the following conditions:
(a) The governing body of the local government shall designate in advance and thereafter maintain a list of qualified counterparties which:
(1) Regularly provide audited and, if available, unaudited financial statements;
(2) The governing body of the local government has determined to have adequate capitalization and earnings and appropriate assets to be highly creditworthy; and
(3) Have executed a written master repurchase agreement in a form satisfactory to the governing body of the local government pursuant to which all repurchase agreements are entered into. The master repurchase agreement must require the prompt delivery to the governing body of the local government and the appointed custodian of written confirmations of all transactions conducted thereunder, and must be developed giving consideration to the Federal Bankruptcy Act.
(b) In all repurchase agreements:
(1) At or before the time money to pay the purchase price is transferred, title to the purchased securities must be recorded in the name of the appointed custodian, or the purchased securities must be delivered with all appropriate, executed transfer instruments by physical delivery to the custodian;
κ2023 Statutes of Nevada, Page 1033 (CHAPTER 175, AB 33)κ
(2) The governing body of the local government must enter a written contract with the custodian appointed pursuant to subparagraph (1) which requires the custodian to:
(I) Disburse cash for repurchase agreements only upon receipt of the underlying securities;
(II) Notify the governing body of the local government when the securities are marked to the market if the required margin on the agreement is not maintained;
(III) Hold the securities separate from the assets of the custodian; and
(IV) Report periodically to the governing body of the local government concerning the market value of the securities;
(3) The market value of the purchased securities must exceed 102 percent of the repurchase price to be paid by the counterparty and the value of the purchased securities must be marked to the market weekly;
(4) The date on which the securities are to be repurchased must not be more than 90 days after the date of purchase; and
(5) The purchased securities must not have a term to maturity at the time of purchase in excess of 10 years.
3. The securities described in paragraphs (a), (d) and (e) of subsection 1 and the repurchase agreements described in subsection 2 may be purchased when, in the opinion of the governing body of the local government, there is sufficient money in any fund of the local government to purchase those securities and the purchase will not result in the impairment of the fund for the purposes for which it was created.
4. When the governing body of the local government has determined that there is available money in any fund or funds for the purchase of bonds as set out in subsection 1 or 2, those purchases may be made and the bonds paid for out of any one or more of the funds, but the bonds must be credited to the funds in the amounts purchased, and the money received from the redemption of the bonds, as and when redeemed, must go back into the fund or funds from which the purchase money was taken originally.
5. Any interest earned on money invested pursuant to subsection 3, may, at the discretion of the governing body of the local government, be credited to the fund from which the principal was taken or to the general fund of the local government.
6. The governing body of a local government may invest any money apportioned into funds and not invested pursuant to subsection 3 and any money not apportioned into funds in bills and notes of the United States Treasury, the maturity date of which is not more than 1 year after the date of investment. These investments must be considered as cash for accounting purposes, and all the interest earned on them must be credited to the general fund of the local government.
7. This section does not authorize the investment of money administered pursuant to a contract, debenture agreement or grant in a manner not authorized by the terms of the contract, agreement or grant.
8. As used in this section:
(a) Counterparty means a bank organized and operating or licensed to operate in the United States pursuant to federal or state law or a securities dealer which is:
κ2023 Statutes of Nevada, Page 1034 (CHAPTER 175, AB 33)κ
(1) A registered broker-dealer;
(2) Designated by the Federal Reserve Bank of New York as a primary dealer in United States government securities; and
(3) In full compliance with all applicable capital requirements.
(b) Local government has the meaning ascribed to it in NRS 354.474.
(c) Repurchase agreement means a purchase of securities by the governing body of a local government from a counterparty which commits to repurchase those securities or securities of the same issuer, description, issue date and maturity on or before a specified date for a specified price.
Sec. 4. NRS 355.280 is hereby amended to read as follows:
355.280 If the State Treasurer obtains the judicial determination required by subsection 3 of NRS 355.060, the State Treasurer may transfer an amount not to exceed $75,000,000 from the State Permanent School Fund to the corporation for public benefit. Such a transfer must be made pursuant to an agreement that requires the corporation for public benefit to:
1. Provide, through the limited partnerships or limited-liability companies described in subsection 1 of NRS 355.270, private equity funding; and
2. Ensure that [at least 70] more than 50 percent of all private equity funding provided by the corporation for public benefit , including, without limitation, private equity funding provided by a corporation for public benefit to a pooled fund that includes businesses located outside of this State, is provided to businesses:
(a) Located in this State or seeking to locate in this State; and
(b) Engaged primarily in one or more of the following industries:
(1) Health care and life sciences.
(2) Cyber security.
(3) Homeland security and defense.
(4) Alternative energy.
(5) Advanced materials and manufacturing.
(6) Information technology.
(7) Any other industry that the board of directors of the corporation for public benefit determines will likely meet the targets for investment returns established by the corporation for public benefit for investments authorized by NRS 355.250 to 355.285, inclusive, and comply with sound fiduciary principles.
Sec. 5. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 1035κ
Assembly Bill No. 34Committee on Natural Resources
CHAPTER 176
[Approved: June 2, 2023]
AN ACT relating to water; revising the public notice requirements for certain applications relating to water; revising certain requirements for maps relating to water rights; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Under existing law, the State Engineer is required to publish a notice for certain applications in a newspaper of general circulation consecutively for certain periods of time. (NRS 533.360) Section 6 of this bill eliminates the requirement to publish the notice consecutively. Section 6 further requires the State Engineer to post the notice on the Internet website of the Division of Water Resources of the State Department of Conservation and Natural Resources.
Sections 3, 10 and 11 of this bill remove requirements that certain maps relating to water rights be on mylar and tracing linen.
Section 4 of this bill clarifies that certain blank forms for a proof of appropriation must be included in the notice sent by the State Engineer to certain persons claiming rights in or to the waters of certain stream systems.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1 and 2. (Deleted by amendment.)
Sec. 3. NRS 533.100 is hereby amended to read as follows:
533.100 1. The State Engineer shall begin an investigation of the flow of the stream and of the ditches diverting water, and of the lands irrigated therefrom, and shall gather such other data and information as may be essential to the proper determination of the water rights in the stream.
2. The State Engineer shall:
(a) Reduce his or her observations and measurements to writing.
(b) If necessary, execute surveys or cause them to be executed.
(c) If necessary, prepare, or cause to be prepared, maps from the observations of such surveys in accordance with such uniform rules and regulations as the State Engineer may adopt.
3. The surveys and maps shall show with substantial accuracy:
(a) The course of the stream.
(b) The location of each ditch or canal diverting water therefrom, together with the point of diversion thereof.
(c) The area and outline of each parcel of land upon which the water of the stream has been employed for the irrigation of crops or pasture.
(d) The kind of culture upon each of the parcels of land.
4. The map shall be prepared as the surveys and observations progress, and, when completed, shall be filed and made of record in the Office of the State Engineer. Such map for original filing in the Office of the State Engineer shall, in addition to complying with any other applicable rule or regulation of the State Engineer, be on [mylar, on] a scale of not less than 1,000 feet to the inch.
κ2023 Statutes of Nevada, Page 1036 (CHAPTER 176, AB 34)κ
Engineer shall, in addition to complying with any other applicable rule or regulation of the State Engineer, be on [mylar, on] a scale of not less than 1,000 feet to the inch.
Sec. 4. NRS 533.115 is hereby amended to read as follows:
533.115 1. The State Engineer shall, in addition, enclose with the notice to be mailed as provided in subsection 4 of NRS 533.095, blank forms upon which a claimant who has not submitted proof pursuant to NRS 533.087 shall present in writing all particulars necessary for the determination of the claimants right in or to the waters of the stream system. The form for a proof of appropriation must include the following:
(a) The name and mailing address of the claimant.
(b) The nature of the right or use on which the claim for appropriation is based.
(c) The time of the initiation of such right, the priority date claimed and a description of the place of diversion and works of diversion and distribution.
(d) The date of beginning of construction.
(e) The date when completed.
(f) The dates of beginning and completion of enlargements.
(g) The dimensions of the ditch as originally constructed and as enlarged.
(h) The date when water was first used for irrigation or other beneficial purposes.
(i) If the water was used for irrigation, the number of acres irrigated the first year, the number of acres irrigated in subsequent years, the dates of irrigation, the area and location of the lands which were irrigated, the character of the soil and the kind of crops cultivated, the rate of diversion and the number of acre-feet of water per annum required to irrigate the land.
(j) If the water was used for a beneficial purpose other than irrigation, the rate of diversion and the number of acre-feet of water used annually.
(k) If the water was used for watering livestock, the number and type of livestock.
(l) Any other facts as will show the extent and nature of the right and compliance with the law in acquiring the same, as may be required by the State Engineer.
2. A claimant must submit a separate proof of appropriation for each source of water of the stream system in which or to which the claimant claims a right.
3. The proof of appropriation submitted by the claimant must be accompanied by a map prepared, except as otherwise provided in subsection 4, in accordance with and depicting any information required pursuant to the requirements of subsections 3 and 4 of NRS 533.100.
4. If the map submitted with a proof of appropriation is prepared for water used for watering livestock, the map must be on a scale of not less than 1:24,000 or a map prepared by the United States Geological Survey covering a quadrangle of 7 1/2 minutes of latitude and longitude, and further identifying the location or extent of the livestock use by one-sixteenth sections within a numbered section, township and range.
Sec. 5. (Deleted by amendment.)
Sec. 6. NRS 533.360 is hereby amended to read as follows:
533.360 1. Except as otherwise provided in subsection 4, NRS 533.345 and subsection 2 of NRS 533.370, when an application is filed in compliance with this chapter, the State Engineer shall, within 30 days, publish or cause to be published once a week for 4 [consecutive] weeks in a newspaper of general circulation in the county where the point of diversion is located, and post on the Internet website of the Division of Water Resources of the State Department of Conservation and Natural Resources, a notice of the application which sets forth:
κ2023 Statutes of Nevada, Page 1037 (CHAPTER 176, AB 34)κ
compliance with this chapter, the State Engineer shall, within 30 days, publish or cause to be published once a week for 4 [consecutive] weeks in a newspaper of general circulation in the county where the point of diversion is located, and post on the Internet website of the Division of Water Resources of the State Department of Conservation and Natural Resources, a notice of the application which sets forth:
(a) That the application has been filed.
(b) The date of the filing.
(c) The name and address of the applicant.
(d) The name of the source from which the appropriation is to be made.
(e) The location of the place of diversion, described by legal subdivision or metes and bounds and by a physical description of that place of diversion.
(f) The purpose for which the water is to be appropriated.
Κ The publisher shall add thereto the date of the first publication and the date of the last publication.
2. Except as otherwise provided in subsection 4, proof of publication must be filed within 30 days after the final day of publication. The State Engineer shall pay for the publication from the application fee. If the application is cancelled for any reason before publication, the State Engineer shall return to the applicant that portion of the application fee collected for publication.
3. If the application is for a proposed well:
(a) For municipal, quasi-municipal or industrial use; and
(b) Whose reasonably expected rate of diversion is one-half cubic foot per second or more,
Κ the applicant shall mail a copy of the notice of application to each owner of real property containing a domestic well that is within 2,500 feet of the proposed well, to the owners address as shown in the latest records of the county assessor. If there are not more than six such wells, notices must be sent to each owner by certified mail, return receipt requested. If there are more than six such wells, at least six notices must be sent to owners by certified mail, return receipt requested. The return receipts from these notices must be filed with the State Engineer before the State Engineer may consider the application.
4. The provisions of this section do not apply to an environmental permit or a temporary permit issued pursuant to NRS 533.436 or 533.504.
Secs. 7 and 8. (Deleted by amendment.)
Sec. 9. NRS 533.370 is hereby amended to read as follows:
533.370 1. Except as otherwise provided in this section and NRS 533.0241, 533.345, 533.371, 533.372 and 533.503, the State Engineer shall approve an application submitted in proper form which contemplates the application of water to beneficial use if:
(a) The application is accompanied by the prescribed fees;
(b) The proposed use or change, if within an irrigation district, does not adversely affect the cost of water for other holders of water rights in the district or lessen the efficiency of the district in its delivery or use of water; and
(c) The applicant provides proof satisfactory to the State Engineer of the applicants:
(1) Intention in good faith to construct any work necessary to apply the water to the intended beneficial use with reasonable diligence; and
κ2023 Statutes of Nevada, Page 1038 (CHAPTER 176, AB 34)κ
(2) Financial ability and reasonable expectation actually to construct the work and apply the water to the intended beneficial use with reasonable diligence.
2. Except as otherwise provided in subsection 10, where there is no unappropriated water in the proposed source of supply, where the groundwater that has not been committed for use has been reserved pursuant to NRS 533.0241 or where its proposed use or change conflicts with existing rights or with protectable interests in existing domestic wells as set forth in NRS 533.024, or threatens to prove detrimental to the public interest, the State Engineer shall reject the application and refuse to issue the requested permit. If a previous application for a similar use of water within the same basin has been rejected on those grounds, the new application may be denied without publication.
3. In addition to the criteria set forth in subsections 1 and 2, in determining whether an application for an interbasin transfer of groundwater must be rejected pursuant to this section, the State Engineer shall consider:
(a) Whether the applicant has justified the need to import the water from another basin;
(b) If the State Engineer determines that a plan for conservation of water is advisable for the basin into which the water is to be imported, whether the applicant has demonstrated that such a plan has been adopted and is being effectively carried out;
(c) Whether the proposed action is environmentally sound as it relates to the basin from which the water is exported;
(d) Whether the proposed action is an appropriate long-term use which will not unduly limit the future growth and development in the basin from which the water is exported; and
(e) Any other factor the State Engineer determines to be relevant.
4. Except as otherwise provided in this subsection and subsections 6 and 10 and NRS 533.365, the State Engineer shall approve or reject each application within 2 years after the final date for filing a protest. The State Engineer may postpone action:
(a) Upon written authorization to do so by the applicant.
(b) If an application is protested.
(c) If the purpose for which the application was made is municipal use.
(d) In areas where studies of water supplies have been determined to be necessary by the State Engineer pursuant to NRS 533.368.
(e) Where court actions or adjudications are pending, which may affect the outcome of the application.
(f) In areas in which adjudication of vested water rights is deemed necessary by the State Engineer.
(g) On an application for a permit to change a vested water right in a basin where vested water rights have not been adjudicated.
(h) Where authorized entry to any land needed to use the water for which the application is submitted is required from a governmental agency.
(i) On an application for which the State Engineer has required additional information pursuant to NRS 533.375.
5. If the State Engineer does not act upon an application in accordance with subsections 4 and 6, the application remains active until approved or rejected by the State Engineer.
6. Except as otherwise provided in this subsection and subsection 10, the State Engineer shall approve or reject, within 6 months after the final date for filing a protest, an application filed to change the point of diversion of water already appropriated when the existing and proposed points of diversion are on the same property for which the water has already been appropriated under the existing water right or the proposed point of diversion is on real property that is proven to be owned by the applicant and is contiguous to the place of use of the existing water right.
κ2023 Statutes of Nevada, Page 1039 (CHAPTER 176, AB 34)κ
date for filing a protest, an application filed to change the point of diversion of water already appropriated when the existing and proposed points of diversion are on the same property for which the water has already been appropriated under the existing water right or the proposed point of diversion is on real property that is proven to be owned by the applicant and is contiguous to the place of use of the existing water right. The State Engineer may postpone action on the application pursuant to subsection 4.
7. If the State Engineer has not approved, rejected or held a hearing on an application within 7 years after the final date for filing a protest, the State Engineer shall cause notice of the application to be republished and reposted pursuant to NRS 533.360 immediately preceding the time at which the State Engineer is ready to approve or reject the application. The cost of the republication must be paid by the applicant. After such republication [,] and reposting, a protest may be filed in accordance with NRS 533.365.
8. If a hearing is held regarding an application, the decision of the State Engineer must be in writing and include findings of fact, conclusions of law and a statement of the underlying facts supporting the findings of fact. The written decision may take the form of a transcription of an oral ruling. The rejection or approval of an application must be endorsed on a copy of the original application, and a record must be made of the endorsement in the records of the State Engineer. The copy of the application so endorsed must be returned to the applicant. Except as otherwise provided in subsection 11, if the application is approved, the applicant may, on receipt thereof, proceed with the construction of the necessary works and take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is rejected, the applicant may take no steps toward the prosecution of the proposed work or the diversion and use of the public water while the rejection continues in force.
9. If a person is the successor in interest of an owner of a water right or an owner of real property upon which a domestic well is located and if the former owner of the water right or real property on which a domestic well is located had previously filed a written protest against the granting of an application, the successor in interest must be allowed to pursue that protest in the same manner as if the successor in interest were the former owner whose interest he or she succeeded. If the successor in interest wishes to pursue the protest, the successor in interest must notify the State Engineer in a timely manner on a form provided by the State Engineer.
10. The provisions of subsections 1 to 9, inclusive, do not apply to an application for an environmental permit or a temporary permit issued pursuant to NRS 533.436 or 533.504.
11. The provisions of subsection 8 do not authorize the recipient of an approved application to use any state land administered by the Division of State Lands of the State Department of Conservation and Natural Resources without the appropriate authorization for that use from the State Land Registrar.
12. As used in this section, domestic well has the meaning ascribed to it in NRS 534.350.
Sec. 10. NRS 533.405 is hereby amended to read as follows:
533.405 1. The State Engineer may, in his or her discretion, request that the statement required by NRS 533.400 be accompanied by a map on [tracing linen on] a scale of not less than 1,000 feet to the inch, which shall show with substantial accuracy the following:
κ2023 Statutes of Nevada, Page 1040 (CHAPTER 176, AB 34)κ
(a) The point of diversion by legal subdivisions or by metes and bounds from some corner, when possible, from the source of supply.
(b) The traverse of the ditch or other conduit, together with cross sections of the same.
(c) The legal subdivisions of the land embraced in the application for the permit and the outline by metes and bounds of the irrigated area, with the amount thereof.
(d) The average grade and the difference in elevation of the termini of the conduit, and the carrying capacity of the same.
(e) The actual quantity of water flowing in the canal or conduit during the time the survey was being made.
2. The map must bear the affidavit of the surveyor or engineer making such survey and map. If the survey and map are made by different persons the affidavit of each must be on the map, showing that the map as compiled agrees with the survey.
3. The map shall conform with such rules and regulations as the State Engineer shall make, which rules shall not be in conflict herewith.
Sec. 11. NRS 533.435 is hereby amended to read as follows:
533.435 1. The State Engineer shall collect the following fees:
For examining and filing an application for a permit to appropriate water $360.00
This fee includes the cost of publication, which is $50.
For reviewing a corrected application or map, or both, in connection with an application for a water right permit............................................................................................. 100.00
For examining and acting upon plans and specifications for construction of a dam 1,200.00
For examining and filing an application for each permit to change the point of diversion, manner of use or place of use of an existing right................................................. 240.00
This fee includes the cost of publication, which is $50.
For examining and filing an application for a temporary permit to change the point of diversion, manner of use or place of use of an existing right..................................... 180.00
For issuing and recording each permit to appropriate water for any purpose, except for generating hydroelectric power which results in nonconsumptive use of the water, watering livestock or wildlife purposes 360.00
plus $3 per acre-foot approved or fraction thereof.
Except for generating hydroelectric power, watering livestock or wildlife purposes, for issuing and recording each permit to change an existing water right whether temporary or permanent for any purpose 300.00
plus $3 per acre-foot approved or fraction thereof.
κ2023 Statutes of Nevada, Page 1041 (CHAPTER 176, AB 34)κ
For issuing and recording each permit for additional rate of diversion from a well where no additional volume of water is granted.................................................................. $1,000.00
For issuing and recording each permit to change the point of diversion or place of use of an existing right whether temporary or permanent for irrigation purposes, a maximum fee of 750.00
For issuing and recording each permit to appropriate or change the point of diversion or place of use of an existing right whether temporary or permanent for watering livestock or wildlife purposes 240.00
plus $50 for each cubic foot of water per second approved or fraction thereof.
For issuing and recording each permit to appropriate or change an existing right whether temporary or permanent for water for generating hydroelectric power which results in nonconsumptive use of the water......................................................................................................... 480.00
plus $50 for each cubic foot per second of water approved or fraction thereof.
For filing and examining a request for a waiver in connection with an application to drill a well 120.00
For filing and examining a notice of intent to drill a well............. 25.00
For filing and examining an affidavit to relinquish water rights in favor of use of water for domestic wells......................................................................................................... 300.00
For filing a secondary application under a reservoir permit........ 300.00
For approving and recording a secondary permit under a reservoir permit 540.00
For reviewing each tentative subdivision map.............................. 180.00
plus $1 per lot.
For reviewing and approving each final subdivision map........... 120.00
For storage approved under a dam permit for privately owned nonagricultural dams which store more than 50 acre-feet......................................................................................... 480.00
plus $1.25 per acre-foot storage capacity. This fee includes the cost of inspection and must be paid annually.
For flood control detention basins................................................... 480.00
plus $1.25 per acre-foot storage capacity. This fee includes the cost of inspection and must be paid annually.
For filing proof of completion of work............................................. 60.00
For filing proof of beneficial use........................................................ 60.00
For issuing and recording a certificate upon approval of the proof of beneficial use 350.00
For filing proof of resumption of a water right.............................. 360.00
For filing any protest............................................................................ 30.00
κ2023 Statutes of Nevada, Page 1042 (CHAPTER 176, AB 34)κ
For filing any application for extension of time within which to file proofs, of completion or beneficial use, for each year for which the extension of time is sought..... $120.00
For filing any application for extension of time to prevent a forfeiture, for each year for which the extension of time is sought........................................................................... 120.00
For reviewing a cancellation of a water right pursuant to a petition for review 360.00
For examining and filing a report of conveyance filed pursuant to paragraph (a) of subsection 1 of NRS 533.384........................................................................................... 120.00
plus $20 per conveyance document.
For filing any other instrument........................................................... 10.00
For making a copy of any document recorded or filed in the Office of the State Engineer, for the first page.............................................................................................................. 1.00
For each additional page........................................................................... .20
For certifying to copies of documents, records or maps, for each certificate 6.00
For each copy of any full size drawing or map.................................. 6.00
For each color copy of any full size drawing or map (2′ x 3′)....... 12.00
For colored [mylar] plots..................................................................... 10.00
2. When fees are not specified in subsection 1 for work required of the Office of the State Engineer, the State Engineer shall collect the actual cost of the work.
3. Except as otherwise provided in this subsection, all fees collected by the State Engineer under the provisions of this section must be deposited in the State Treasury for credit to the State General Fund. All fees received for copies of any drawing or map must be kept by the State Engineer and used only to pay the costs of printing, replacement and maintenance of printing equipment. Any publication fees received which are not used by the State Engineer for publication expenses must be returned to the persons who paid the fees. If, after exercising due diligence, the State Engineer is unable to make the refunds, the State Engineer shall deposit the fees in the State Treasury for credit to the State General Fund.
Secs. 12 and 13. (Deleted by amendment.)
________
κ2023 Statutes of Nevada, Page 1043κ
Assembly Bill No. 35Committee on Judiciary
CHAPTER 177
[Approved: June 2, 2023]
AN ACT relating to corrections; requiring the warden or manager of an institution or facility to make certain determinations concerning use of telecommunications devices by offenders; requiring the Director of the Department of Corrections to adopt regulations authorizing an offender to possess, have in his or her custody or control and use an authorized telecommunications device for certain purposes; revising the definition of a telecommunications device to include certain tablets; and providing other matters properly relating thereto.
Legislative Counsels Digest:
With certain exceptions, existing law prohibits an offender from having access to a telecommunications device. Existing law authorizes an offender to use a telecommunications device to conduct certain visits and correspondence. Existing law also authorizes certain offenders to use telecommunications devices: (1) pursuant to an agreement with the Department of Corrections; or (2) in accordance with any regulations governing the use of such devices adopted by the Department of Corrections. Finally, existing law defines the term telecommunications device to include a telephone, a cellular telephone, a personal digital assistant, a transmitting radio or a computer with certain capabilities. (NRS 209.417)
This bill removes statutory provisions authorizing offenders to have access to a telecommunications device and instead: (1) requires the warden or manager of an institution or facility to determine which telecommunications devices, if any, are authorized for use by an offender; and (2) requires the Director of the Department to adopt regulations authorizing an offender to possess, have in his or her custody or control and use an authorized telecommunications device for certain purposes. This bill requires such regulations to authorize an offender to possess, have in his or her custody or control and use an authorized telecommunications device for the purpose of: (1) conducting certain visits and correspondence; (2) appearing in court; (3) receiving medical care; (4) applying for or enrolling in a benefit from a governmental program; (5) performing legal research; (6) obtaining a diploma, degree, certificate or similar credential; (7) taking a vocational assessment; and (8) communicating with an attorney. This bill authorizes the Director of the Department, with the approval of the Board, to adopt regulations authorizing an offender to possess, have in his or her custody or control and use an authorized telecommunications device for any purpose other than these specified purposes. The bill requires such regulations to: (1) prescribe requirements for determining whether a telecommunications device will be authorized for use by an offender; (2) prescribe the criteria for eligibility for an offender to use an authorized telecommunications device; (3) set forth the circumstances under which an offender is authorized to use such a device to access the Internet; and (4) prescribe standards for the use of such a device by an offender. Finally, this bill revises the definition of telecommunications device to include a tablet with certain capabilities.
κ2023 Statutes of Nevada, Page 1044 (CHAPTER 177, AB 35)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 209.417 is hereby amended to read as follows:
209.417 1. [Except as otherwise provided in this section, the] The warden or manager of an institution or facility shall [ensure] :
(a) Determine which telecommunications devices, if any, are authorized for use by an offender in accordance with the regulations adopted pursuant to this section; and
(b) Ensure that no offender in the institution or facility, or in a vehicle of the Department, has access to a telecommunications device [.] that is not an authorized telecommunications device.
2. [An offender may use a telephone or, for the purpose of communicating with his or her child pursuant to NRS 209.42305, any other approved telecommunications device subject to the limitations set forth in NRS 209.419.
3. An offender may use an approved telecommunications device for the purpose of conducting a visit or correspondence which is authorized pursuant to NRS 209.423, subject to the limitations set forth in NRS 209.419.
4. The Department may enter into an agreement with an offender authorizing the offender to use a telecommunications device to facilitate or participate in correctional activities or to perform educational, vocational or legal research, subject to the limitations set forth in NRS 209.419.
5.] The Director [may,] shall, with the approval of the Board, adopt regulations authorizing an offender [who is assigned to transitional housing, a center for the purpose of making restitution pursuant to NRS 209.4827 to 209.4843, inclusive, or a specific program of education or vocational training authorizing the offender] to possess, have in his or her custody or control and use [a] an authorized telecommunications device [:
(a) To access a network, including, without limitation, the Internet,] for the purpose of:
[(1)] (a) Communicating with his or her child pursuant to NRS 209.42305;
(b) Conducting a visit or correspondence which is authorized pursuant to NRS 209.423;
(c) Appearing in court;
(d) Receiving medical care;
(e) Applying for or enrolling in a benefit from a governmental program;
(f) Performing legal research;
(g) Obtaining [educational] :
(1) Educational or vocational training that is approved by the Department;
(2) A diploma, degree, certificate or similar credential, including, without limitation, a high school diploma, a general educational development certificate or an equivalent document, an associate degree or a baccalaureate degree;
(h) Taking a vocational assessment;
(i) Searching for or applying for employment; [or
(3)]
(j) Performing essential job functions [.
κ2023 Statutes of Nevada, Page 1045 (CHAPTER 177, AB 35)κ
(b) For any other purpose if a telecommunications device is required by an employer of the offender to perform essential job functions.] ; and
(k) Communicating with an attorney who represents him or her in a criminal or civil action.
3. The Director may, with the approval of the Board, adopt regulations authorizing an offender to use an authorized telecommunications device for any purpose other than a purpose listed in subsection 2.
4. An offender may possess, have in his or her custody or control and use an authorized telecommunications device in accordance with any regulations adopted by the Director pursuant to subsection 2 or 3. Any communication made by an offender using an authorized telecommunications device pursuant to this section is subject to the limitations set forth in NRS 209.419.
5. The regulations adopted by the Director pursuant to subsections 2 and 3 must:
(a) Prescribe the criteria for eligibility for an offender to use an authorized telecommunications device;
(b) Prescribe requirements for determining whether a telecommunications device will be authorized for use by an offender;
(c) Set forth the circumstances under which an offender may use an authorized telecommunications device to access a network, including, without limitation, the Internet; and
(d) Prescribe standards for the use of an authorized telecommunications device by an offender.
6. As used in this section [, telecommunications] :
(a) Authorized telecommunications device means a device authorized for use by an offender in accordance with the regulations adopted pursuant to this section.
(b) Benefits from a governmental program means any benefit, program or assistance provided by a governmental entity pursuant to statute or regulation, including, without limitation, Social Security, Medicare and Medicaid.
(c) Medicaid has the meaning ascribed to it in NRS 439B.120.
(d) Medicare has the meaning ascribed to it in NRS 439B.130.
(e) Telecommunications device means a device, or an apparatus associated with a device, that can enable an offender to communicate with a person outside of the institution or facility at which the offender is incarcerated. The term includes, without limitation, a telephone, a cellular telephone, a personal digital assistant, a transmitting radio or a computer or tablet that is connected to a computer network, is capable of connecting to a computer network through the use of wireless technology or is otherwise capable of communicating with a person or device outside of the institution or facility.
Sec. 2. 1. This section becomes effective upon passage and approval.
2. Section 1 of this act becomes effective upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act, and on January 1, 2024, for all other purposes.
________
κ2023 Statutes of Nevada, Page 1046κ
Assembly Bill No. 39Committee on Commerce and Labor
CHAPTER 178
[Approved: June 2, 2023]
AN ACT relating to contractors; authorizing the State Contractors Board to adopt regulations establishing mandatory elements to be included in contracts for work concerning certain residential improvements; establishing certain requirements for such contracts and for residential contractors who enter into such contracts; making the failure to comply with those requirements a cause for disciplinary action; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth certain requirements pertaining to contracts used by a contractor and the owner of a single-family residence for work concerning a residential photovoltaic system used to produce electricity or work concerning a residential pool or spa. (NRS 624.875, 624.940) Section 1 of this bill imposes similar requirements pertaining to a contract used by a residential contractor and the owner of a completed single-family residence who occupies the single-family residence for any construction, remodeling, repair or improvement performed by a residential contractor to the single-family residence or any activity for the supervision of such work. Section 1 authorizes the State Contractors Board to adopt regulations establishing mandatory elements to be included in such a contract. Section 1 also sets forth certain information that is required to be included in such a contract. With certain exceptions, such information includes, without limitation, the amount, not to exceed $1,000 or 10 percent of the aggregate contract price, whichever is less, of any initial down payment or deposit paid or promised to be paid to the residential contractor by the owner before the start of the work. Section 1 further requires a residential contractor to: (1) furnish to the owner with whom the residential contractor has contracted for work concerning a residential improvement a copy of all documents signed and a receipt for any money paid to the residential contractor; and (2) apply for and obtain all necessary permits. If a contract entered into between a residential contractor and the owner for work concerning a residential improvement does not include the information required by the provisions of section 1, other than the information concerning an initial down payment or deposit, and any applicable regulations adopted by the Board, section 1: (1) authorizes the owner to modify the contract to bring the contract into compliance with those provisions; and (2) provides that such a modification is enforceable against the residential contractor if the modification is reasonable. If the contract does not include the information required by the provisions of section 1 concerning an initial down payment or deposit, section 1 provides that the contract is voidable by the owner.
Existing law sets forth certain acts and omissions that constitute cause for disciplinary action against a contractor by the Board, including, without limitation, failure to comply with requirements for contracts for work concerning residential pools and spas and for work concerning residential photovoltaic systems used to produce electricity. (NRS 624.3016) Section 2 of this bill makes a contractors failure to comply with requirements for contracts for work concerning a residential improvement or regulations adopted by the Board governing such contracts cause for such disciplinary action. Section 3 of this bill makes a conforming change as a result of this additional cause for disciplinary action.
κ2023 Statutes of Nevada, Page 1047 (CHAPTER 178, AB 39)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 624 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Board may adopt by regulation mandatory elements to be included in all contracts to be used by residential contractors for work concerning a residential improvement. Such mandatory elements must not be waived or limited by contract or in any other manner. On and after October 1, 2023, any contract entered into between a residential contractor and the owner of a single-family residence who occupies the single-family residence for work concerning a residential improvement must comply with the provisions of this section and all applicable regulations adopted by the Board. A contract that does not comply with the provisions of:
(a) Subsection 2, other than the provisions of paragraph (g) of subsection 2, and all applicable regulations adopted by the Board may be modified by the owner of the single-family residence to bring the contract into compliance with those provisions and regulations. Any modification of a contract made pursuant to this paragraph is enforceable against the residential contractor if the modification is reasonable.
(b) Paragraph (g) of subsection 2 is voidable by the owner of the single-family residence.
2. Any contract for work concerning a residential improvement must contain in writing at least the following information:
(a) The name of the residential contractor, his or her address and contractors license number and the monetary limit on that license.
(b) The name and mailing address of the owner of the single-family residence on which the work is being performed and the address or legal description of the property.
(c) The date of execution of the contract.
(d) The estimated date of completion of all work to be performed under the contract.
(e) A description of the work to be performed under the contract.
(f) The total amount to be paid to the residential contractor by the owner for all work to be performed under the contract, including all applicable taxes.
(g) The amount, not to exceed $1,000 or 10 percent of the aggregate contract price, whichever is less, of any initial down payment or deposit paid or promised to be paid to the residential contractor by the owner before the start of the work. The provisions of this paragraph do not apply if the residential contractor has filed with the Board a bond solely for the protection of consumers in the amount of $100,000 or has been granted relief by the Board pursuant to subsection 5 of NRS 624.270.
(h) A statement that the residential contractor has provided the owner with the notice and informational form required by NRS 624.520 and 624.600.
(i) A statement that any change in the scope or price of the work to be performed under the contract must be agreed to in writing by the parties and incorporated into the original contract as a change order. A change order is not enforceable against the owner who is contracting for work concerning a residential improvement unless the change order sets forth all changes in the scope and price of the work and is accepted by the owner.
κ2023 Statutes of Nevada, Page 1048 (CHAPTER 178, AB 39)κ
residential improvement unless the change order sets forth all changes in the scope and price of the work and is accepted by the owner.
(j) For a project of new work concerning a residential improvement, a plan and scale drawing showing the shape, size and dimensions of and the specifications for the construction and equipment for the work specified in the contract, and a description of the work to be done, the materials to be used and the equipment to be installed, and the agreed consideration for the work. For projects which consist exclusively of repairs to existing work concerning a residential improvement, plans, scale drawings, equipment specifications and lists of materials and equipment are not required to be contained in or included with the contract.
(k) Except as otherwise provided in this subsection, the dollar amount of any progress payment and the stage of construction at which the residential contractor will be entitled to collect progress payments from the owner during the course of construction under a contract for work concerning a residential improvement. The schedule of payments must show the amount of each payment as a sum in dollars and cents. The schedule of payments must not provide for the residential contractor to receive, nor may the residential contractor actually receive, payments in excess of 100 percent of the value of the work performed on the project at any time, excluding finance charges, except for an initial down payment or deposit. The provisions of this paragraph do not apply if the residential contractor has furnished a bond for payment and performance covering full performance and completion of the contract and the cost of the bond is included in the price of the project.
(l) If the contract provides for payment of a commission to a salesperson out of the contract price, a statement that the payment must be made on a pro rata basis in proportion to the schedule of payments made to the residential contractor by the disbursing party in accordance with the provisions of paragraph (k).
Κ Except as otherwise provided in subsection 5, the contract may contain such other conditions, stipulations or provisions to which the parties may agree.
3. The contract must contain:
(a) A method whereby the owner may initial provisions of the contract, thereby indicating that those provisions have been read and are understood.
(b) In close proximity to the signatures of the owner and the residential contractor, a notice stating that the owner:
(1) May contact the Board if assistance is needed to clarify any of the provisions of the contract that the owner does not fully understand;
(2) Has the right to request a bond for payment and performance if such a bond is not otherwise required pursuant to NRS 624.270;
(3) May contact an attorney for an explanation of the rights of the owner under the contract; and
(4) May, if the contract was explained in a language other than the language in which the contract is written, ask for a contract that is written in the language in which the contract was explained.
4. At the time the owner signs the contract, the residential contractor shall furnish to the owner a legible copy of all documents signed and a written and signed receipt for any money paid to the residential contractor by the owner. All written information provided in the contract must be printed in at least 10-point bold type. The contract, receipt and other documents referenced in this subsection may be delivered by electronic means.
κ2023 Statutes of Nevada, Page 1049 (CHAPTER 178, AB 39)κ
5. A condition, stipulation or provision in a contract that requires a person to waive any right provided by this chapter or any regulations adopted pursuant thereto or that relieves a person of an obligation or liability imposed by this chapter or those regulations is void.
6. The residential contractor shall apply for and obtain all necessary permits.
7. As used in this section:
(a) Contract means any contract or agreement in which a residential contractor agrees to perform work concerning a residential improvement.
(b) Residential contractor means a contractor who is licensed pursuant to this chapter and who contracts with the owner of a single-family residence to perform work concerning a residential improvement.
(c) Single-family residence has the meaning ascribed to it in NRS 624.455.
(d) Work concerning a residential improvement or work means any construction, remodeling, repair or improvement performed by a residential contractor to a completed, single-family residence or any activity for the supervision concerning such work. The term does not include work concerning a residential photovoltaic system used to produce electricity, as defined in NRS 624.855, or work concerning a residential pool or spa, as defined in NRS 624.915.
Sec. 2. NRS 624.3016 is hereby amended to read as follows:
624.3016 The following acts or omissions, among others, constitute cause for disciplinary action under NRS 624.300:
1. Any fraudulent or deceitful act committed in the capacity of a contractor, including, without limitation, misrepresentation or the omission of a material fact.
2. A conviction of a violation of NRS 624.730, or a conviction in this State or any other jurisdiction of a felony relating to the practice of a contractor or a crime involving moral turpitude.
3. Knowingly making a false statement in or relating to the recording of a notice of lien pursuant to the provisions of NRS 108.226.
4. Failure to give a notice required by NRS 108.227, 108.245, 108.246 or 624.520.
5. Failure to comply with :
(a) NRS 624.920, 624.930, 624.935 or 624.940 or any regulations of the Board governing contracts for work concerning residential pools and spas.
[6. Failure to comply with]
(b) NRS 624.860 to 624.875, inclusive, or any regulations of the Board governing contracts for work concerning residential photovoltaic systems used to produce electricity.
[7.] (c) Section 1 of this act or any regulations of the Board governing contracts for work concerning a residential improvement.
6. Failure to comply with NRS 624.600.
[8.] 7. Misrepresentation or the omission of a material fact, or the commission of any other fraudulent or deceitful act, to obtain a license.
[9.] 8. Failure to pay an assessment required pursuant to NRS 624.470.
[10.] 9. Failure to file a certified payroll report that is required for a contract for a public work.
[11.] 10. Knowingly submitting false information in an application for qualification or a certified payroll report that is required for a contract for a public work.
κ2023 Statutes of Nevada, Page 1050 (CHAPTER 178, AB 39)κ
[12.] 11. Failure to notify the Board of a conviction or entry of a plea of guilty, guilty but mentally ill or nolo contendere pursuant to NRS 624.266.
[13.] 12. Failure to provide a builders warranty as required by NRS 624.602 or to respond reasonably to a claim made under a builders warranty.
Sec. 3. NRS 624.750 is hereby amended to read as follows:
624.750 1. It is unlawful for a person to commit any act or omission described in subsection 1 of NRS 624.3012, subsection 2 of NRS 624.3013, NRS 624.3014 or subsection 1, 3 or [8] 7 of NRS 624.3016.
2. Except as otherwise provided in subsection 3 and unless a greater penalty is otherwise provided by a specific statute, any person who violates subsection 1, NRS 624.305, subsection 1 of NRS 624.700 or NRS 624.720 or 624.740:
(a) For a first offense, is guilty of a misdemeanor and shall be punished by a fine of not less than $1,000 nor more than $4,000, and may be further punished by imprisonment in the county jail for not more than 6 months.
(b) For the second offense, is guilty of a gross misdemeanor and shall be punished by a fine of not less than $4,000 nor more than $10,000, and may be further punished by imprisonment in the county jail for not more than 364 days.
(c) For the third or subsequent offense, is guilty of a category E felony and shall be punished by a fine of not less than $10,000 nor more than $20,000, and may be further punished by imprisonment in the state prison for not less than 1 year and not more than 4 years.
3. If a person is guilty of a violation of subsection 1 of NRS 624.700, the maximum fines set forth in subsection 2 may be exceeded by adding thereto a fine enhancement of not more than 10 percent of the value of any contract that the person entered into in violation of subsection 1 of NRS 624.700, if that person commenced any work or received any money relating to the contract.
4. It is unlawful for a person to receive money for the purpose of obtaining or paying for services, labor, materials or equipment if the person:
(a) Willfully fails to use that money for that purpose by failing to complete the improvements for which the person received the money or by failing to pay for any services, labor, materials or equipment provided for that construction; and
(b) Wrongfully diverts that money to a use other than that for which it was received.
5. Unless a greater penalty is otherwise provided by a specific statute, any person who violates subsection 4:
(a) If the amount of money wrongfully diverted is $1,000 or less, is guilty of a gross misdemeanor and shall be punished by a fine of not less than $2,000 nor more than $4,000, and may be further punished by imprisonment in the county jail for not more than 364 days.
(b) If the amount of money wrongfully diverted is more than $1,000, is guilty of a category E felony and shall be punished by a fine of not less than $5,000 nor more than $10,000, and may be further punished by imprisonment in the state prison for not less than 1 year and not more than 4 years.
6. Imposition of a penalty provided for in this section is not precluded by any disciplinary action taken by the Board against a contractor pursuant to the provisions of NRS 624.300 to 624.305, inclusive.
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