[Rev. 3/13/2024 9:50:39 AM]
κ2023 Statutes of Nevada, Page 1407κ
Senate Bill No. 391Senator D. Harris
Joint Sponsors: Assemblymen Watts and Backus
CHAPTER 225
[Approved: June 7, 2023]
AN ACT relating to governmental entities; revising provisions prohibiting certain counties, cities and unincorporated towns from sounding sirens, bells or alarms for certain purposes; establishing civil penalties for violations of such prohibitions; authorizing the Attorney General to bring a civil action to recover such penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits a county, city or town in this State from sounding a siren, bell or alarm that was previously sounded on certain days or times in association with an ordinance enacted by the county, city or town which required persons of a particular race, ethnicity, ancestry, national origin or color to leave the county or a city, town or township within the county by a certain time. (NRS 244.159, 268.0199, 269.234)
This bill revises these provisions by prohibiting a county, a city and an unincorporated town that sounds or sounded such a siren, bell or alarm in association with such an ordinance from sounding a siren, bell or alarm for a purpose other than: (1) alerting persons to an emergency; (2) testing the siren, bell or alarm at reasonable time intervals of not more than once every 6 months; or (3) celebrating or recognizing a legal holiday on the day of the legal holiday or the day on which the legal holiday is recognized by existing law. This bill authorizes the Attorney General to bring a civil action to collect a monetary penalty from a county, city or unincorporated town for each violation. This bill prohibits a county, city or unincorporated town from taking adverse employment action against the employee for reporting such a violation to the Attorney General.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 244.159 is hereby amended to read as follows:
244.159 1. A county in this State may not sound a siren, bell or alarm [at a time during which the] if a siren, bell or alarm is currently or was previously sounded on specific days or times in association with an ordinance enacted by the county which required persons of a particular race, ethnicity, ancestry, national origin or color to leave the county or a city, town or township within the county by a specific time [.] , for a purpose other than:
(a) Alerting persons to an emergency;
(b) Testing the siren, bell or alarm at reasonably scheduled intervals of not more than once every 6 months; or
(c) Celebrating or recognizing a day declared to be a legal holiday pursuant to NRS 236.015 on the day of the legal holiday or the day on which the legal holiday is recognized.
2. Any county that sounds a siren, bell or alarm in violation of subsection 1 is subject to a penalty of not more than $50,000 for each violation. The Attorney General may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction.
κ2023 Statutes of Nevada, Page 1408 (CHAPTER 225, SB 391)κ
brought in the name of the State of Nevada in any court of competent jurisdiction. Such an action must be commenced within 1 year after the violation.
3. A county shall not take adverse employment action against an employee who reports a violation of this section to the Office of the Attorney General.
Sec. 2. NRS 268.0199 is hereby amended to read as follows:
268.0199 1. A city in this State may not sound a siren, bell or alarm [at a time during which the] if a siren, bell or alarm is currently or was previously sounded on specific days or times in association with an ordinance enacted by the city which required persons of a particular race, ethnicity, ancestry, national origin or color to leave the city by a specific time [.] , for a purpose other than:
(a) Alerting persons to an emergency;
(b) Testing the siren, bell or alarm at reasonably scheduled intervals of not more than once every 6 months; or
(c) Celebrating or recognizing a day declared to be a legal holiday pursuant to NRS 236.015 on the day of the legal holiday or the day on which the legal holiday is recognized.
2. Any city that sounds a siren, bell or alarm in violation of subsection 1 is subject to a penalty of not more than $50,000 for each violation. The Attorney General may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction. Such an action must be commenced within 1 year after the violation.
3. A city shall not take adverse employment action against an employee who reports a violation of this section to the Office of the Attorney General.
Sec. 3. NRS 269.234 is hereby amended to read as follows:
269.234 1. An unincorporated town in this State may not sound a siren, bell or alarm [at a time during which the] if a siren, bell or alarm is currently or was previously sounded on specific days or times in association with an ordinance enacted by the town which required persons of a particular race, ethnicity, ancestry, national origin or color to leave the town by a specific time [.] , for a purpose other than:
(a) Alerting persons to an emergency;
(b) Testing the siren, bell or alarm at reasonably scheduled intervals of not more than once every 6 months; or
(c) Celebrating or recognizing a day declared to be a legal holiday pursuant to NRS 236.015 on the day of the legal holiday or the day on which the legal holiday is recognized.
2. Any unincorporated town that sounds a siren, bell or alarm in violation of subsection 1 is subject to a penalty of not more than $50,000 for each violation. The Attorney General may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction. Such an action must be commenced within 1 year after the violation.
3. An unincorporated town shall not take adverse employment action against an employee who reports a violation of this section to law enforcement.
Sec. 4. This act becomes effective upon passage and approval.
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κ2023 Statutes of Nevada, Page 1409κ
Senate Bill No. 317Senators Scheible, Spearman, Donate, Neal, D. Harris; Daly, Lange, Ohrenschall and Pazina
CHAPTER 226
[Approved: June 7, 2023]
AN ACT relating to public welfare; authorizing a provider of homeless services to authorize the use of the providers address as a temporary mailing address by a person experiencing homelessness for certain purposes; requiring the Division of Welfare and Supportive Services of the Department of Health and Human Services to publish a list of such providers; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Department of Health and Human Services to provide certain services to persons who are transient, at imminent risk of homelessness or homeless. (NRS 422A.680) Section 7 of this bill authorizes a provider of homeless services to authorize a person experiencing homelessness to utilize the providers address as a temporary mailing address, if that person is receiving other services from the provider and is a Nevada resident or a person who is not currently a Nevada resident and who the provider determines intends to remain in the State of Nevada for at least 6 months. A person authorized to use a temporary mailing address under section 7 may use that temporary mailing address for various purposes, including applying for public assistance, enrolling a family member in school, enrolling in an institution of the Nevada System of Higher Education, obtaining housing and seeking or retaining employment. Section 7 requires a provider of homeless services to notify the Division of Welfare and Supportive Services of the Department within 30 days after authorizing a person experiencing homelessness to use the providers address as that persons temporary address. Section 7 further requires the Division, within the limits of legislative appropriation, to publish on the Internet website maintained by the Division a list of providers of homeless services that authorize a person experiencing homelessness to use the providers address as that persons temporary mailing address. Finally, section 7 provides that nothing in this bill shall be construed to prohibit a person actually residing at a provider of homeless services from using the address of that provider for the purpose of registering to vote or receiving voting materials by mail.
Section 8 of this bill authorizes the Administrator of the Division to adopt regulations to carry out the provisions of sections 2-8 of this bill.
Sections 3-6 of this bill define terms relating to the provision of a temporary address for a person experiencing homelessness.
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 422A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Nevada resident means a person who has:
1. Actually resided in this State for at least 6 months; or
2. A valid drivers license or identification card issued by the Department of Motor Vehicles of this State, other than such an identification card which indicates that the person is a seasonal resident.
κ2023 Statutes of Nevada, Page 1410 (CHAPTER 226, SB 317)κ
Sec. 4. Person experiencing homelessness means a person who is transient, at imminent risk of homelessness or homeless.
Sec. 5. Provider of homeless services means an organization that:
1. Is a governmental entity or is exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3);
2. Operates in this State; and
3. Primarily provides services to persons experiencing homelessness.
Sec. 6. Temporary mailing address means a mailing address which a person experiencing homelessness is authorized to use pursuant to section 7 of this act.
Sec. 7. 1. A provider of homeless services may authorize a person to use the providers address as that persons temporary mailing address for a period of time not to exceed 180 days if that person is:
(a) A Nevada resident or a person who is not currently a Nevada resident and who the provider determines intends to remain in the State of Nevada for at least 6 months;
(b) A person in crisis; and
(c) Receiving services from the provider of homeless services.
2. A person experiencing homelessness may use a temporary mailing address to:
(a) Apply for public assistance;
(b) Enroll a family member in a school or other public educational facility;
(c) Enroll in an institution of the Nevada System of Higher Education;
(d) Obtain permanent or temporary housing, including, without limitation, supportive housing;
(e) Seek or retain employment; or
(f) Facilitate any other purpose prescribed by the Administrator of the Division.
3. A provider of homeless services that authorizes a person experiencing homelessness to use the providers address as a temporary mailing address shall notify the Division within 30 days after the authorization is given.
4. Within the limits of legislative appropriation, the Division shall publish a list of all the providers of homeless services that authorize a person experiencing homelessness to use the providers address as the persons temporary mailing address on an Internet website maintained by the Division.
5. Nothing in this section shall be construed to prohibit a person actually residing at a provider of homeless services from using the address of that provider of homeless services where the person resides for the purpose of registering to vote or receiving voting materials by mail.
Sec. 8. The Administrator may adopt regulations to carry out the provisions of sections 2 to 8, inclusive, of this act.
Sec. 9. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 8, inclusive, of this act become 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 this act; and
(b) On January 1, 2024, for all other purposes.
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κ2023 Statutes of Nevada, Page 1411κ
Senate Bill No. 309Senators Cannizzaro, Lange, Spearman; Daly, Donate, Dondero Loop, Flores, D. Harris, Neal, Nguyen, Ohrenschall, Pazina and Scheible
CHAPTER 227
[Approved: June 7, 2023]
AN ACT relating to crimes; establishing the crime of fertility fraud; creating a cause of action for a person who has suffered injury as a result of fertility fraud; providing that certain acts that constitute fertility fraud are subject to various statutory provisions relating to sex offenders; prohibiting a health care facility from taking certain actions relating to assisted reproduction; authorizing the imposition of civil penalties for certain violations committed by a health care facility; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 5 of this bill provides that a provider of health care who, in rendering services for assisted reproduction, knowingly implants his or her own human reproductive material in a patient without the express consent of the patient is guilty of fertility fraud. Section 5 also provides that a provider of health care who, in rendering services for assisted reproduction, knowingly uses or provides a patient with human reproductive material other than the human reproductive material the patient expressly consented to the use or receipt of is guilty of fertility fraud. Section 5 makes the crime of fertility fraud a category B felony, punishable 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.
Section 6 of this bill: (1) prohibits a person from conveying to a patient false information or information the person reasonably should have known was false relating to assisted reproduction; and (2) provides that a person who violates such a prohibition is guilty of a category C felony. Sections 5 and 6 also require the Attorney General to provide certain notice to each professional licensing board that has issued a license, certificate or registration to a person who violates section 5 or 6. Sections 3 and 4 of this bill define certain terms for the purposes of sections 5 and 6.
Section 8 of this bill authorizes a person who has suffered an injury as a result of a violation of section 5 to bring a civil action to recover damages. Section 7 of this bill requires the person to commence such an action within 3 years after the later of the date on which the person discovers: (1) the facts constituting fertility fraud; or (2) any medical or genetic disorder which results from the human reproductive material implanted in, used on or provided to a patient in violation of section 5.
Section 20 of this bill prohibits a health care facility from providing a patient with human reproductive material for assisted reproduction except in accordance with any written agreement entered into between: (1) the health care facility and the patient; and (2) the health care facility and the donor. Section 20 also: (1) authorizes the Attorney General to collect a civil penalty of not more than $10,000 for each violation of this prohibition; and (2) requires the Attorney General to notify certain entities responsible for licensing health care facilities if such a civil penalty is imposed. Section 19 of this bill authorizes the Division of Public and Behavioral Health of the Department of Health and Human Services to suspend or revoke any license issued by the Division to a health care facility for a violation of section 20.
Existing law defines the term sexual offense for the purpose of requiring persons convicted of certain sexual offenses to be prohibited from certain employment, to register as a sex offender, to comply with certain mandatory conditions of probation or parole and to fulfill certain other requirements. (NRS 118A.335, 176.0913, 176A.410, 179D.095, 179D.097, 179D.441, 213.1099, 213.1245) Section 15 of this bill revises the list of sexual offenses to which these statutory provisions apply to include certain violations of section 5.
κ2023 Statutes of Nevada, Page 1412 (CHAPTER 227, SB 309)κ
the list of sexual offenses to which these statutory provisions apply to include certain violations of section 5. Section 16 of this bill makes a conforming change related to the numbering changes made in section 15.
Existing law prohibits a court from ordering the victim of or a witness to certain sexual offenses to take or submit to a psychological or psychiatric examination. (NRS 50.700) Section 9 of this bill adds certain violations of section 5 to the list of sexual offenses to which that prohibition applies.
Existing law: (1) requires a court to include a special sentence of lifetime supervision for any person convicted of certain sexual offenses; and (2) provides certain conditions of lifetime supervision. (NRS 176.0931, 213.1243) Sections 10 and 17 of this bill add certain violations of section 5 to the list of sexual offenses that require a special sentence of lifetime supervision and for which conditions of lifetime supervision apply.
Existing law: (1) requires that a person convicted of certain sexual offenses undergo a psychosexual evaluation as part of the presentence investigation report prepared by the Division of Parole and Probation of the Department of Public Safety; and (2) prohibits a court from granting probation to or suspending the sentence of a person convicted of certain sexual offenses, unless the person who conducts the evaluation certifies that the person convicted of the sexual offense does not represent a high risk to reoffend. (NRS 176.135, 176A.110) Sections 11 and 12 of this bill add certain violations of section 5 to the list of sexual offenses that require a psychosexual evaluation to be conducted and for which a court is prohibited from granting probation to or suspending the sentence of a person, unless the person who conducts the psychosexual evaluation certifies that the person does not represent a high risk to reoffend.
Existing law similarly requires the Department of Corrections to assess each prisoner who has been convicted of a sexual offense before a scheduled parole hearing to determine the prisoners risk to reoffend. (NRS 213.1214) Section 18 of this bill adds certain violations of section 5 to the list of offenses which require such an assessment.
Existing law requires a court to provide certain documentation to each victim and witness and certain other persons if an offender is convicted of certain sexual offenses. (NRS 178.5698) Section 13 of this bill requires that such documentation be provided to such persons if an offender is convicted of certain violations of section 5.
Section 14 of this bill makes the provisions of law which prohibit a person convicted of a sexual offense from petitioning a court to seal the records relating to such a conviction applicable to a person convicted of certain violations of section 5. (NRS 179.245)
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 200 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. As used in sections 2 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 3. Assisted reproduction has the meaning ascribed to it in NRS 126.510.
Sec. 4. Human reproductive material means a gamete or human organism at any stage of development from fertilized ovum to embryo.
Sec. 5. 1. A provider of health care who, in rendering services for assisted reproduction:
κ2023 Statutes of Nevada, Page 1413 (CHAPTER 227, SB 309)κ
(a) Knowingly implants his or her own human reproductive material in a patient without the express consent of the patient is guilty of fertility fraud.
(b) Knowingly uses or provides a patient with human reproductive material other than the human reproductive material the patient expressly consented to the use or receipt of is guilty of fertility fraud.
2. Unless a greater penalty is provided by statute, a person convicted of the crime of fertility fraud is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further be punished by a fine of not more than $10,000.
3. Upon conviction of a person for the crime of fertility fraud, the Attorney General shall give notice of the conviction to each professional licensing board that has issued a license, certificate or registration to the person.
4. As used in this section, provider of health care means a physician or physician assistant licensed pursuant to chapter 630, 630A or 633 of NRS or an advanced practice registered nurse licensed under chapter 632 of NRS.
Sec. 6. 1. A person shall not knowingly convey to a patient false information or information the person reasonably should have known was false relating to assisted reproduction, including, without limitation, false information or information the person reasonably should have known was false concerning:
(a) The identity, date of birth or address of the donor at the time of donation;
(b) The human reproductive material used or provided to the patient for assisted reproduction;
(c) The medical history of the donor or family of the donor, including, without limitation:
(1) Past and current illnesses of the donor; and
(2) Genetic information of the donor; and
(d) The social history of the donor.
2. A person who violates this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.
3. Upon conviction of a person for a violation of the provisions of this section, the Attorney General shall give notice of the conviction to each professional licensing board that has issued a license, certificate or registration to the person.
4. As used in this section:
(a) Genetic information means any information that is obtained from a genetic test.
(b) Genetic test means a test, including a laboratory test that uses deoxyribonucleic acid extracted from the cells of a person or a diagnostic test, to determine the presence of abnormalities or deficiencies, including carrier status, that:
(1) Are linked to physical or mental disorders or impairments; or
(2) Indicate a susceptibility to illness, disease, impairment or any other disorder, whether physical or mental.
Sec. 7. NRS 11.190 is hereby amended to read as follows:
11.190 Except as otherwise provided in NRS 40.4639, 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows:
κ2023 Statutes of Nevada, Page 1414 (CHAPTER 227, SB 309)κ
1. Within 6 years:
(a) Except as otherwise provided in NRS 62B.420 and 176.275, an action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof.
(b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.
2. Within 4 years:
(a) An action on an open account for goods, wares and merchandise sold and delivered.
(b) An action for any article charged on an account in a store.
(c) An action upon a contract, obligation or liability not founded upon an instrument in writing.
(d) Except as otherwise provided in NRS 11.245, an action against a person alleged to have committed a deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, but the cause of action shall be deemed to accrue when the aggrieved party discovers, or by the exercise of due diligence should have discovered, the facts constituting the deceptive trade practice.
3. Within 3 years:
(a) An action upon a liability created by statute, other than a penalty or forfeiture.
(b) An action for waste or trespass of real property, but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the waste or trespass.
(c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases where the subject of the action is a domestic animal usually included in the term livestock, which has a recorded mark or brand upon it at the time of its loss, and which strays or is stolen from the true owner without the owners fault, the statute does not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable person upon inquiry as to the possession thereof by the defendant.
(d) Except as otherwise provided in NRS 112.230 and 166.170, an action for relief on the ground of fraud or mistake, but the cause of action in such a case shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the fraud or mistake.
(e) An action pursuant to NRS 40.750 for damages sustained by a financial institution or other lender because of its reliance on certain fraudulent conduct of a borrower, but the cause of action in such a case shall be deemed to accrue upon the discovery by the financial institution or other lender of the facts constituting the concealment or false statement.
(f) An action pursuant to section 8 of this act, but the cause of action shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting fertility fraud or of any medical or genetic disorder which results from the human reproductive material implanted in, used on or provided to a patient in violation of section 5 of this act, whichever occurs later.
4. Within 2 years:
(a) An action against a sheriff, coroner or constable upon liability incurred by acting in his or her official capacity and in virtue of his or her office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.
κ2023 Statutes of Nevada, Page 1415 (CHAPTER 227, SB 309)κ
or her office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.
(b) An action upon a statute for a penalty or forfeiture, where the action is given to a person or the State, or both, except when the statute imposing it prescribes a different limitation.
(c) An action for libel, slander, assault, battery, false imprisonment or seduction.
(d) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.
(e) Except as otherwise provided in NRS 11.215, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.
(f) An action to recover damages under NRS 41.740.
5. Within 1 year:
(a) An action against an officer, or officer de facto to recover goods, wares, merchandise or other property seized by the officer in his or her official capacity, as tax collector, or to recover the price or value of goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention or sale of, or injury to, goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making the seizure.
(b) An action against an officer, or officer de facto for money paid to the officer under protest, or seized by the officer in his or her official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.
Sec. 8. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A person who has suffered an injury as a result of a violation of section 5 of this act may bring an action for the recovery of his or her actual damages and any punitive damages which the facts may warrant if the person is or was, at the time of assisted reproduction:
(a) A patient who gave birth to a child conceived through assisted reproduction as a result of a violation of section 5 of this act;
(b) The spouse of a patient who gave birth to a child conceived through assisted reproduction as a result of a violation of section 5 of this act;
(c) A child conceived through assisted reproduction as a result of a violation of section 5 of this act; or
(d) A donor whose human reproductive material resulted in the birth of a child conceived through assisted reproduction as a result of a violation of section 5 of this act.
2. Each child born as a result of a violation of section 5 of this act constitutes the basis for a separate cause of action.
3. A person who prevails in an action brought pursuant to subsection 1 may recover his or her actual damages, attorneys fees and costs and any punitive damages that the facts may warrant.
4. The liability imposed by this section is in addition to any other liability imposed by law.
5. For the purposes of this section, a violation of section 5 of this act shall be deemed to have been committed where the procedure for assisted reproduction occurred or at the principal place of business of the provider of health care.
κ2023 Statutes of Nevada, Page 1416 (CHAPTER 227, SB 309)κ
6. As used in this section:
(a) Assisted reproduction has the meaning ascribed to it in NRS 126.510.
(b) Human reproductive material has the meaning ascribed to it in section 4 of this act.
(c) Provider of health care has the meaning ascribed to it in section 5 of this act.
Sec. 9. NRS 50.700 is hereby amended to read as follows:
50.700 1. In any criminal or juvenile delinquency action relating to the commission of a sexual offense, a court may not order the victim of or a witness to the sexual offense to take or submit to a psychological or psychiatric examination.
2. The court may exclude the testimony of a licensed psychologist, psychiatrist or clinical social worker who performed a psychological or psychiatric examination on the victim or witness if:
(a) There is a prima facie showing of a compelling need for an additional psychological or psychiatric examination of the victim or witness by a licensed psychologist, psychiatrist or clinical social worker; and
(b) The victim or witness refuses to submit to an additional psychological or psychiatric examination by a licensed psychologist, psychiatrist or clinical social worker.
3. In determining whether there is a prima facie showing of a compelling need for an additional psychological or psychiatric examination of the victim or witness pursuant to subsection 2, the court must consider whether:
(a) There is a reasonable basis for believing that the mental or emotional state of the victim or witness may have affected his or her ability to perceive and relate events relevant to the criminal prosecution; and
(b) Any corroboration of the offense exists beyond the testimony of the victim or witness.
4. If the court determines there is a prima facie showing of a compelling need for an additional psychological or psychiatric examination of the victim or witness, the court shall issue a factual finding that details with particularity the reasons why an additional psychological or psychiatric examination of the victim or witness is warranted.
5. If the court issues a factual finding pursuant to subsection 4 and the victim or witness consents to an additional psychological or psychiatric examination, the court shall set the parameters for the examination consistent with the purpose of determining the ability of the victim or witness to perceive and relate events relevant to the criminal prosecution.
6. As used in this section, sexual offense includes, without limitation:
(a) An offense that is found to be sexually motivated pursuant to NRS 175.547 or 207.193;
(b) Sexual assault pursuant to NRS 200.366;
(c) Statutory sexual seduction pursuant to NRS 200.368;
(d) Battery with intent to commit sexual assault pursuant to NRS 200.400;
(e) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation;
(f) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
κ2023 Statutes of Nevada, Page 1417 (CHAPTER 227, SB 309)κ
(g) Fertility fraud pursuant to paragraph (a) of subsection 1 of section 5 of this act;
(h) Incest pursuant to NRS 201.180;
[(h)] (i) Open or gross lewdness pursuant to NRS 201.210;
[(i)] (j) Indecent or obscene exposure pursuant to NRS 201.220;
[(j)] (k) Lewdness with a child pursuant to NRS 201.230;
[(k)] (l) Pandering or sex trafficking of a child pursuant to NRS 201.300;
[(l)] (m) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this section;
[(m)] (n) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this section;
[(n)] (o) Sexual penetration of a dead human body pursuant to NRS 201.450;
[(o)] (p) Luring a child or a person with mental illness pursuant to NRS 201.560;
[(p)] (q) Any other offense that has an element involving a sexual act or sexual conduct with another person; or
[(q)] (r) Any attempt or conspiracy to commit an offense listed in this subsection.
Sec. 10. NRS 176.0931 is hereby amended to read as follows:
176.0931 1. If a defendant is convicted of a sexual offense, the court shall include in sentencing, in addition to any other penalties provided by law, a special sentence of lifetime supervision.
2. The special sentence of lifetime supervision commences after any period of probation or any term of imprisonment and any period of release on parole.
3. A person sentenced to lifetime supervision may petition the sentencing court or the State Board of Parole Commissioners for release from lifetime supervision. The sentencing court or the Board shall grant a petition for release from a special sentence of lifetime supervision if:
(a) The person has complied with the requirements of the provisions of NRS 179D.010 to 179D.550, inclusive;
(b) The person has not been convicted of an offense that poses a threat to the safety or well-being of others for an interval of at least 10 consecutive years after the persons last conviction or release from incarceration, whichever occurs later; and
(c) The person is not likely to pose a threat to the safety of others, as determined by a licensed, clinical professional who has received training in the treatment of sexual offenders, if released from lifetime supervision.
4. A person who is released from lifetime supervision pursuant to the provisions of subsection 3 remains subject to the provisions for registration as a sex offender and to the provisions for community notification, unless the person is otherwise relieved from the operation of those provisions pursuant to the provisions of NRS 179D.010 to 179D.550, inclusive.
5. As used in this section:
(a) Offense that poses a threat to the safety or well-being of others includes, without limitation:
κ2023 Statutes of Nevada, Page 1418 (CHAPTER 227, SB 309)κ
(1) An offense that involves:
(I) A victim less than 18 years of age;
(II) A crime against a child as defined in NRS 179D.0357;
(III) A sexual offense as defined in NRS 179D.097;
(IV) A deadly weapon, explosives or a firearm;
(V) The use or threatened use of force or violence;
(VI) Physical or mental abuse;
(VII) Death or bodily injury;
(VIII) An act of domestic violence;
(IX) Harassment, stalking, threats of any kind or other similar acts;
(X) The forcible or unlawful entry of a home, building, structure, vehicle or other real or personal property; or
(XI) The infliction or threatened infliction of damage or injury, in whole or in part, to real or personal property.
(2) Any offense listed in subparagraph (1) that is committed in this State or another jurisdiction, including, without limitation, an offense prosecuted in:
(I) A tribal court.
(II) A court of the United States or the Armed Forces of the United States.
(b) Sexual offense means:
(1) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, 201.230, 201.450, 201.540 or 201.550 or paragraph (a) or (b) of subsection 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560 [;] or paragraph (a) of subsection 1 of section 5 of this act;
(2) An attempt to commit an offense listed in subparagraph (1); or
(3) An act of murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.
Sec. 11. NRS 176.133 is hereby amended to read as follows:
176.133 As used in NRS 176.133 to 176.161, inclusive, unless the context otherwise requires:
1. Person professionally qualified to conduct psychosexual evaluations means a person who has received training in conducting psychosexual evaluations and is:
(a) A psychiatrist licensed to practice medicine in this State and certified by the American Board of Psychiatry and Neurology, Inc.;
(b) A psychologist licensed to practice in this State;
(c) A social worker holding a masters degree in social work and licensed in this State as a clinical social worker;
(d) A registered nurse holding a masters degree in the field of psychiatric nursing and licensed to practice professional nursing in this State;
(e) A marriage and family therapist licensed in this State pursuant to chapter 641A of NRS; or
(f) A clinical professional counselor licensed in this State pursuant to chapter 641A of NRS.
2. Psychosexual evaluation means an evaluation conducted pursuant to NRS 176.139.
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3. Sexual offense means:
(a) Sexual assault pursuant to NRS 200.366;
(b) Statutory sexual seduction pursuant to NRS 200.368, if punished as a felony;
(c) Battery with intent to commit sexual assault pursuant to NRS 200.400;
(d) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation and is punished as a felony;
(e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
(f) Fertility fraud pursuant to paragraph (a) of subsection 1 of section 5 of this act;
(g) Incest pursuant to NRS 201.180;
[(g)] (h) Open or gross lewdness pursuant to NRS 201.210, if punished as a felony;
[(h)] (i) Indecent or obscene exposure pursuant to NRS 201.220, if punished as a felony;
[(i)] (j) Lewdness with a child pursuant to NRS 201.230;
[(j)] (k) Sexual penetration of a dead human body pursuant to NRS 201.450;
[(k)] (l) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540;
[(l)] (m) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550;
[(m)] (n) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony;
[(n)] (o) An attempt to commit an offense listed in paragraphs (a) to [(m),] (n), inclusive, if punished as a felony; or
[(o)] (p) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.
Sec. 12. NRS 176A.110 is hereby amended to read as follows:
176A.110 1. The court shall not grant probation to or suspend the sentence of a person convicted of an offense listed in subsection 3 unless:
(a) If a psychosexual evaluation of the person is required pursuant to NRS 176.139, the person who conducts the psychosexual evaluation certifies in the report prepared pursuant to NRS 176.139 that the person convicted of the offense does not represent a high risk to reoffend based upon a currently accepted standard of assessment; or
(b) If a psychosexual evaluation of the person is not required pursuant to NRS 176.139, a psychologist licensed to practice in this State who is trained to conduct psychosexual evaluations or a psychiatrist licensed to practice medicine in this State who is certified by the American Board of Psychiatry and Neurology, Inc., and is trained to conduct psychosexual evaluations certifies in a written report to the court that the person convicted of the offense does not represent a high risk to reoffend based upon a currently accepted standard of assessment.
2. This section does not create a right in any person to be certified or to continue to be certified. No person may bring a cause of action against the State, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the State or its political subdivisions for not certifying a person pursuant to this section or for refusing to consider a person for certification pursuant to this section.
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3. The provisions of this section apply to a person convicted of any of the following offenses:
(a) Attempted sexual assault of a person who is 16 years of age or older pursuant to NRS 200.366.
(b) Statutory sexual seduction pursuant to NRS 200.368.
(c) Battery with intent to commit sexual assault pursuant to NRS 200.400.
(d) Abuse or neglect of a child pursuant to NRS 200.508.
(e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(f) Fertility fraud pursuant to paragraph (a) of subsection 1 of section 5 of this act.
(g) Incest pursuant to NRS 201.180.
[(g)] (h) Open or gross lewdness pursuant to NRS 201.210.
[(h)] (i) Indecent or obscene exposure pursuant to NRS 201.220.
[(i)] (j) Sexual penetration of a dead human body pursuant to NRS 201.450.
[(j)] (k) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.
[(k)] (l) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.
[(l)] (m) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.
[(m)] (n) A violation of NRS 207.180.
[(n)] (o) An attempt to commit an offense listed in paragraphs (b) to [(m),] (n), inclusive.
[(o)] (p) Coercion or attempted coercion that is determined to be sexually motivated pursuant to NRS 207.193.
Sec. 13. NRS 178.5698 is hereby amended to read as follows:
178.5698 1. The prosecuting attorney, sheriff or chief of police shall, upon the request of a victim or witness, inform the victim or witness:
(a) When the defendant is released from custody at any time before or during the trial, including, without limitation, when the defendant is released pending trial or subject to electronic supervision;
(b) If the defendant is so released, the amount of bail required, if any; and
(c) Of the final disposition of the criminal case in which the victim or witness was directly involved.
2. A request for information pursuant to subsection 1 must be made:
(a) In writing; or
(b) By telephone through an automated or computerized system of notification, if such a system is available.
3. If an offender is convicted of a sexual offense or an offense involving the use or threatened use of force or violence against the victim, the court shall provide:
(a) To each witness, documentation that includes:
(1) A form advising the witness of the right to be notified pursuant to subsection 5;
(2) The form that the witness must use to request notification in writing; and
(3) The form or procedure that the witness must use to provide a change of address after a request for notification has been submitted.
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(b) To each person listed in subsection 4, documentation that includes:
(1) A form advising the person of the right to be notified pursuant to subsection 5 or 6 and NRS 176.015, 176A.630, 178.4715, 209.392, 209.3923, 209.3925, 209.429, 209.521, 213.010, 213.040, 213.095 and 213.131 or NRS 213.10915;
(2) The forms that the person must use to request notification; and
(3) The forms or procedures that the person must use to provide a change of address after a request for notification has been submitted.
4. The following persons are entitled to receive documentation pursuant to paragraph (b) of subsection 3:
(a) A person against whom the offense is committed.
(b) A person who is injured as a direct result of the commission of the offense.
(c) If a person listed in paragraph (a) or (b) is under the age of 18 years, each parent or guardian who is not the offender.
(d) Each surviving spouse, parent and child of a person who is killed as a direct result of the commission of the offense.
(e) A relative of a person listed in paragraphs (a) to (d), inclusive, if the relative requests in writing to be provided with the documentation.
5. Except as otherwise provided in subsection 6, if the offense was a felony and the offender is imprisoned, the warden of the prison shall, if the victim or witness so requests in writing and provides a current address, notify the victim or witness at that address when the offender is released from the prison.
6. If the offender was convicted of a violation of subsection 3 of NRS 200.366 or a violation of subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, the warden of the prison shall notify:
(a) The immediate family of the victim if the immediate family provides their current address;
(b) Any member of the victims family related within the third degree of consanguinity, if the member of the victims family so requests in writing and provides a current address; and
(c) The victim, if the victim will be 18 years of age or older at the time of the release and has provided a current address,
Κ before the offender is released from prison.
7. The warden must not be held responsible for any injury proximately caused by the failure to give any notice required pursuant to this section if no address was provided to the warden or if the address provided is inaccurate or not current.
8. As used in this section:
(a) Immediate family means any adult relative of the victim living in the victims household.
(b) Sexual offense means:
(1) Sexual assault pursuant to NRS 200.366;
(2) Statutory sexual seduction pursuant to NRS 200.368;
(3) Battery with intent to commit sexual assault pursuant to NRS 200.400;
(4) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;
(5) Fertility fraud pursuant to paragraph (a) of subsection 1 of section 5 of this act;
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(6) Incest pursuant to NRS 201.180;
[(6)] (7) Open or gross lewdness pursuant to NRS 201.210;
[(7)] (8) Indecent or obscene exposure pursuant to NRS 201.220;
[(8)] (9) Lewdness with a child pursuant to NRS 201.230;
[(9)] (10) Sexual penetration of a dead human body pursuant to NRS 201.450;
[(10)] (11) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540;
[(11)] (12) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550;
[(12)] (13) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony;
[(13)] (14) An offense that, pursuant to a specific statute, is determined to be sexually motivated; or
[(14)] (15) An attempt to commit an offense listed in this paragraph.
Sec. 14. NRS 179.245 is hereby amended to read as follows:
179.245 1. Except as otherwise provided in subsection 6 and NRS 176.211, 176A.245, 176A.265, 176A.295, 179.247, 179.259, 201.354 and 453.3365, a person may petition the court in which the person was convicted for the sealing of all records relating to a conviction of:
(a) A category A felony, a crime of violence or residential burglary pursuant to NRS 205.060 after 10 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(b) Except as otherwise provided in paragraphs (a) and (e), a category B, C or D felony after 5 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(c) A category E felony after 2 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;
(d) Except as otherwise provided in paragraph (e), any gross misdemeanor after 2 years from the date of release from actual custody or discharge from probation, whichever occurs later;
(e) A violation of NRS 422.540 to 422.570, inclusive, a violation of NRS 484C.110 or 484C.120 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later;
(f) Except as otherwise provided in paragraph (e), if the offense is punished as a misdemeanor, a battery pursuant to NRS 200.481, harassment pursuant to NRS 200.571, stalking pursuant to NRS 200.575 or a violation of a temporary or extended order for protection, after 2 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later; or
(g) Any other misdemeanor after 1 year from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later.
2. A petition filed pursuant to subsection 1 must:
(a) Be accompanied by the petitioners current, verified records received from the Central Repository for Nevada Records of Criminal History;
(b) If the petition references NRS 453.3365, include a certificate of acknowledgment or the disposition of the proceedings for the records to be sealed from all agencies of criminal justice which maintain such records;
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(c) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed; and
(d) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed, including, without limitation, the:
(1) Date of birth of the petitioner;
(2) Specific conviction to which the records to be sealed pertain; and
(3) Date of arrest relating to the specific conviction to which the records to be sealed pertain.
3. Upon receiving a petition pursuant to this section, the court shall notify the law enforcement agency that arrested the petitioner for the crime and the prosecuting attorney, including, without limitation, the Attorney General, who prosecuted the petitioner for the crime. The prosecuting attorney and any person having relevant evidence may testify and present evidence at any hearing on the petition.
4. If the prosecuting agency that prosecuted the petitioner for the crime stipulates to the sealing of the records, the court shall apply the presumption set forth in NRS 179.2445 and seal the records. If the prosecuting agency does not stipulate to the sealing of the records or does not file a written objection within 30 days after receiving notification pursuant to subsection 3 and the court makes the findings set forth in subsection 5, the court may order the sealing of the records in accordance with subsection 5 without a hearing. If the court does not order the sealing of the records or the prosecuting agency files a written objection, a hearing on the petition must be conducted. At the hearing, unless an objecting party presents evidence sufficient to rebut the presumption set forth in NRS 179.2445, the court shall apply the presumption and seal the records.
5. If the court finds that, in the period prescribed in subsection 1, the petitioner has not been charged with any offense for which the charges are pending or convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of any agency of criminal justice or any public or private agency, company, official or other custodian of records in the State of Nevada, and may also order all such records of the petitioner returned to the file of the court where the proceeding was commenced from, including, without limitation, the Federal Bureau of Investigation and all other agencies of criminal justice which maintain such records and which are reasonably known by either the petitioner or the court to have possession of such records.
6. A person may not petition the court to seal records relating to a conviction of:
(a) A crime against a child;
(b) A sexual offense;
(c) Invasion of the home with a deadly weapon pursuant to NRS 205.067;
(d) A violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to paragraph (c) of subsection 1 of NRS 484C.400;
(e) A violation of NRS 484C.430;
(f) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430;
κ2023 Statutes of Nevada, Page 1424 (CHAPTER 227, SB 309)κ
(g) A violation of NRS 488.410 that is punishable as a felony pursuant to NRS 488.427; or
(h) A violation of NRS 488.420 or 488.425.
7. The provisions of paragraph (e) of subsection 1 and paragraph (d) of subsection 6 must not be construed to preclude a person from being able to petition the court to seal records relating to a conviction for a violation of NRS 484C.110 or 484C.120 pursuant to this section if the person was found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to:
(a) Paragraph (b) of subsection 1 of NRS 484C.400; or
(b) Paragraph (c) of subsection 1 of NRS 484C.400 but had a judgment of conviction entered against him or her for a violation of paragraph (b) of subsection 1 of NRS 484C.400 because the person participated in the statewide sobriety and drug monitoring program established pursuant to NRS 484C.392.
8. If the court grants a petition for the sealing of records pursuant to this section, upon the request of the person whose records are sealed, the court may order sealed all records of the civil proceeding in which the records were sealed.
9. As used in this section:
(a) Crime against a child has the meaning ascribed to it in NRS 179D.0357.
(b) Sexual offense means:
(1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.
(2) Sexual assault pursuant to NRS 200.366.
(3) Statutory sexual seduction pursuant to NRS 200.368, if punishable as a felony.
(4) Battery with intent to commit sexual assault pursuant to NRS 200.400.
(5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.
(6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence, if the crime of violence is an offense listed in this paragraph.
(7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.
(8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(9) Fertility fraud pursuant to paragraph (a) of subsection 1 of section 5 of this act.
(10) Incest pursuant to NRS 201.180.
[(10)] (11) Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony.
[(11)] (12) Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.
[(12)] (13) Lewdness with a child pursuant to NRS 201.230.
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[(13)] (14) Sexual penetration of a dead human body pursuant to NRS 201.450.
[(14)] (15) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.
[(15)] (16) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.
[(16)] (17) Luring a child or a person with mental illness pursuant to NRS 201.560, if punishable as a felony.
[(17)] (18) An attempt to commit an offense listed in this paragraph.
Sec. 15. NRS 179D.097 is hereby amended to read as follows:
179D.097 1. Sexual offense means any of the following offenses:
(a) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.
(b) Sexual assault pursuant to NRS 200.366.
(c) Statutory sexual seduction pursuant to NRS 200.368.
(d) Battery with intent to commit sexual assault pursuant to subsection 4 of NRS 200.400.
(e) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this subsection.
(f) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence, if the crime of violence is an offense listed in this section.
(g) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.
(h) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(i) Fertility fraud pursuant to paragraph (a) of subsection 1 of section 5 of this act.
(j) Incest pursuant to NRS 201.180.
[(j)] (k) Open or gross lewdness pursuant to NRS 201.210.
[(k)] (l) Indecent or obscene exposure pursuant to NRS 201.220.
[(l)] (m) Lewdness with a child pursuant to NRS 201.230.
[(m)] (n) Sexual penetration of a dead human body pursuant to NRS 201.450.
[(n)] (o) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.
[(o)] (p) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.
[(p)] (q) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.
[(q)] (r) Sex trafficking pursuant to NRS 201.300.
[(r)] (s) Any other offense that has an element involving a sexual act or sexual conduct with another.
[(s)] (t) An attempt or conspiracy to commit an offense listed in paragraphs (a) to [(r),] (s), inclusive.
[(t)] (u) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.
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[(u)] (v) An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this subsection. This paragraph includes, without limitation, an offense prosecuted in:
(1) A tribal court.
(2) A court of the United States or the Armed Forces of the United States.
[(v)] (w) An offense of a sexual nature committed in another jurisdiction, whether or not the offense would be an offense listed in this section, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as a sex offender because of the offense. This paragraph includes, without limitation, an offense prosecuted in:
(1) A tribal court.
(2) A court of the United States or the Armed Forces of the United States.
(3) A court having jurisdiction over juveniles.
2. Except for the offenses described in paragraphs [(n)] (o) and [(o)] (p) of subsection 1, the term does not include an offense involving consensual sexual conduct if the victim was:
(a) An adult, unless the adult was under the custodial authority of the offender at the time of the offense; or
(b) At least 13 years of age and the offender was not more than 4 years older than the victim at the time of the commission of the offense.
Sec. 16. NRS 179D.495 is hereby amended to read as follows:
179D.495 If a person who is required to register pursuant to NRS 179D.010 to 179D.550, inclusive, has been convicted of an offense described in paragraph [(r)] (s) of subsection 1 of NRS 179D.097, paragraph (e) of subsection 1 or subsection 3 of NRS 179D.115 or subsection 7 or 9 of NRS 179D.117, the Central Repository shall determine whether the person is required to register as a Tier I offender, Tier II offender or Tier III offender.
Sec. 17. NRS 213.107 is hereby amended to read as follows:
213.107 As used in NRS 213.107 to 213.157, inclusive, unless the context otherwise requires:
1. Board means the State Board of Parole Commissioners.
2. Chief means the Chief Parole and Probation Officer.
3. Division means the Division of Parole and Probation of the Department of Public Safety.
4. Residential confinement means the confinement of a person convicted of a crime to his or her place of residence under the terms and conditions established by the Board.
5. Responsivity factors means characteristics of a person that affect his or her ability to respond favorably or unfavorably to any treatment goals.
6. Risk and needs assessment means a validated, standardized actuarial tool that identifies risk factors that increase the likelihood of a person reoffending and factors that, when properly addressed, can reduce the likelihood of a person reoffending.
7. Sex offender means any person who has been or is convicted of a sexual offense.
8. Sexual offense means:
(a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, 201.230, 201.450, 201.540 or 201.550 or paragraph (a) or (b) of subsection 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560 [;] or paragraph (a) of subsection 1 of section 5 of this act;
κ2023 Statutes of Nevada, Page 1427 (CHAPTER 227, SB 309)κ
201.450, 201.540 or 201.550 or paragraph (a) or (b) of subsection 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560 [;] or paragraph (a) of subsection 1 of section 5 of this act;
(b) An attempt to commit any offense listed in paragraph (a); or
(c) An act of murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.
9. Standards means the objective standards for granting or revoking parole or probation which are adopted by the Board or the Chief.
Sec. 18. NRS 213.1214 is hereby amended to read as follows:
213.1214 1. The Department of Corrections shall assess each prisoner who has been convicted of a sexual offense to determine the prisoners risk to reoffend in a sexual manner using a currently accepted standard of assessment. The completed assessment must include, without limitation, a determination of the prisoners level of risk to reoffend in a sexual manner, including, without limitation, whether the prisoner is a high risk to reoffend in a sexual manner for the purposes of subsection 3 of NRS 213.1215. The Director shall ensure a completed assessment is provided to the Board before, but not sooner than 120 days before, a scheduled parole hearing.
2. The Director shall:
(a) Ensure that any employee of the Department who completes an assessment pursuant to subsection 1 is properly trained to assess the risk of an offender to reoffend in a sexual manner.
(b) Establish a procedure to:
(1) Ensure the accuracy of each completed assessment provided to the Board; and
(2) Correct any error occurring in a completed assessment provided to the Board.
3. This section does not create a right in any prisoner to be assessed or reassessed more frequently than the prisoners regularly scheduled parole hearings or under a current or previous standard of assessment and does not restrict the Department from conducting additional assessments of a prisoner if such assessments may assist the Board in determining whether parole should be granted or continued. No cause of action may be brought against the State, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the State or its political subdivisions for assessing, not assessing or considering or relying on an assessment of a prisoner, if such decisions or actions are made or conducted in compliance with the procedures set forth in this section.
4. The Board shall consider an assessment prepared pursuant to this section before determining whether to grant or revoke the parole of a person convicted of a sexual offense.
5. The Board may adopt by regulation the manner in which the Board will consider an assessment prepared pursuant to this section in conjunction with the standards adopted by the Board pursuant to NRS 213.10885.
6. As used in this section:
(a) Director means the Director of the Department of Corrections.
(b) Reoffend in a sexual manner means to commit a sexual offense.
(c) Sex offender means a person who, after July 1, 1956, is or has been:
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(1) Convicted of a sexual offense; or
(2) Adjudicated delinquent or found guilty by a court having jurisdiction over juveniles of a sexual offense listed in subparagraph [(20)] (21) of paragraph (d).
Κ The term includes, but is not limited to, a sexually violent predator or a nonresident sex offender who is a student or worker within this State.
(d) Sexual offense means any of the following offenses:
(1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.
(2) Sexual assault pursuant to NRS 200.366.
(3) Statutory sexual seduction pursuant to NRS 200.368.
(4) Battery with intent to commit sexual assault pursuant to NRS 200.400.
(5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.
(6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.
(7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.
(8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.
(9) Fertility fraud pursuant to paragraph (a) of subsection 1 of section 5 of this act.
(10) Incest pursuant to NRS 201.180.
[(10)] (11) Open or gross lewdness pursuant to NRS 201.210.
[(11)] (12) Indecent or obscene exposure pursuant to NRS 201.220.
[(12)] (13) Lewdness with a child pursuant to NRS 201.230.
[(13)] (14) Sexual penetration of a dead human body pursuant to NRS 201.450.
[(14)] (15) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.
[(15)] (16) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.
[(16)] (17) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.
[(17)] (18) An attempt or conspiracy to commit an offense listed in subparagraphs (1) to [(16),] (17), inclusive.
[(18)] (19) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.
[(19)] (20) An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this paragraph. This subparagraph includes, but is not limited to, an offense prosecuted in:
(I) A tribal court.
(II) A court of the United States or the Armed Forces of the United States.
[(20)] (21) An offense of a sexual nature committed in another jurisdiction, whether or not the offense would be an offense listed in this paragraph, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as a sex offender because of the offense.
κ2023 Statutes of Nevada, Page 1429 (CHAPTER 227, SB 309)κ
is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as a sex offender because of the offense. This subparagraph includes, but is not limited to, an offense prosecuted in:
(I) A tribal court.
(II) A court of the United States or the Armed Forces of the United States.
(III) A court having jurisdiction over juveniles.
Κ Except for the offenses described in subparagraphs (15) and (16), the term does not include an offense involving consensual sexual conduct if the victim was an adult, unless the adult was under the custodial authority of the offender at the time of the offense, or if the victim was at least 13 years of age and the offender was not more than 4 years older than the victim at the time of the commission of the offense.
Sec. 19. NRS 449.160 is hereby amended to read as follows:
449.160 1. The Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.029 to 449.2428, inclusive, upon any of the following grounds:
(a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.029 to 449.245, inclusive, or of any other law of this State or of the standards, rules and regulations adopted thereunder.
(b) Aiding, abetting or permitting the commission of any illegal act.
(c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.
(d) Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.
(e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, and 449.435 to 449.531, inclusive, and chapter 449A of NRS if such approval is required.
(f) Failure to comply with the provisions of NRS 441A.315 and any regulations adopted pursuant thereto or NRS 449.2486.
(g) Violation of the provisions of NRS 458.112.
(h) Violation of the provisions of section 20 of this act.
2. In addition to the provisions of subsection 1, the Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:
(a) Is convicted of violating any of the provisions of NRS 202.470;
(b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or
(c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.
3. The Division shall maintain a log of any complaints that it receives relating to activities for which the Division may revoke the license to operate a facility for the dependent pursuant to subsection 2. The Division shall provide to a facility for the care of adults during the day:
(a) A summary of a complaint against the facility if the investigation of the complaint by the Division either substantiates the complaint or is inconclusive;
κ2023 Statutes of Nevada, Page 1430 (CHAPTER 227, SB 309)κ
(b) A report of any investigation conducted with respect to the complaint; and
(c) A report of any disciplinary action taken against the facility.
Κ The facility shall make the information available to the public pursuant to NRS 449.2486.
4. On or before February 1 of each odd-numbered year, the Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:
(a) Any complaints included in the log maintained by the Division pursuant to subsection 3; and
(b) Any disciplinary actions taken by the Division pursuant to subsection 2.
Sec. 20. Chapter 629 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A health care facility shall not provide a patient with human reproductive material for assisted reproduction except in accordance with any written agreement entered into between:
(a) The health care facility and the patient; and
(b) The health care facility and the donor.
2. A health care facility that violates the provisions of this section is subject to a civil penalty of not more than $10,000 for each violation. This penalty must be recovered in a civil action, brought in the name of the State of Nevada by the Attorney General. In such an action, the Attorney General may recover reasonable attorneys fees and costs. If a civil penalty is imposed against a health care facility for violating the provisions of this section, the Attorney General shall, within 30 days after the imposition of the civil penalty, notify:
(a) The Division of Public and Behavioral Health of the Department of Health and Human Services, if the violation was committed by a medical facility or medical laboratory.
(b) The occupational licensing board responsible for licensing the provider of health care who oversees an unlicensed health care facility, if the violation was committed by a health care facility that is not a medical facility or medical laboratory.
3. As used in this section:
(a) Assisted reproduction has the meaning ascribed to it in NRS 126.510.
(b) Health care facility means a medical facility, sperm bank, laboratory, clinic or office of a provider of health care that provides services relating to assisted reproduction.
(c) Human reproductive material means a gamete or human organism at any stage of development from fertilized ovum to embryo.
(d) Medical facility has the meaning ascribed to it in NRS 449.0151.
(e) Medical laboratory has the meaning ascribed to it in NRS 652.060.
(f) Provider of health care has the meaning ascribed to it in section 5 of this act.
Sec. 21. The amendatory provisions of this act apply to a cause of action that accrues on or after July 1, 2023.
Sec. 22. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 1431κ
Senate Bill No. 92Senators Donate, Flores and Ohrenschall
Joint Sponsors: Assemblywomen Marzola, Gonzαlez and Torres
CHAPTER 228
[Approved: June 7, 2023]
AN ACT relating to sidewalk vendors; establishing certain requirements for the regulation of sidewalk vendors by the governing body of certain counties and cities; requiring a local board of health to adopt certain regulations relating to sidewalk vendors who sell food; creating the Task Force on Safe Sidewalk Vending; setting forth the membership and duties of the Task Force on Safe Sidewalk Vending; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law grants a governing body of a county or city all powers necessary and proper to address matters of local concern. (NRS 244.146, 268.0035) Sections 1-11 and 15-24.5 of this bill set forth various requirements for the licensing and regulation of sidewalk vendors of food by the governing body of certain counties and cities.
Sections 2 and 16 of this bill provide that the provisions of sections 1-10 and 15-25 of this bill apply only to a county whose population is 100,000 or more (currently Clark and Washoe Counties) or to a city in a county whose population is 100,000 or more.
Sections 3 and 17 of this bill define the term sidewalk vendor.
Sections 7 and 21 of this bill: (1) authorize a governing body of a county or city to adopt an ordinance regulating sidewalk vendors; and (2) require the governing body of a county or city that adopts such an ordinance to post on its Internet website a map of the areas where a person may engage in the act of sidewalk vending. Sections 7 and 21 also prohibit a governing body of a county or city from, with certain exceptions: (1) enforcing or enacting a complete prohibition on sidewalk vending; (2) imposing criminal penalties for the act of sidewalk vending in a residential area; or (3) regulating sidewalk vendors, except in compliance or substantial compliance with the provisions of this bill.
Sections 7.5 and 21.5 of this bill prohibit a person, with certain exceptions, from selling food, beverages or merchandise upon a public sidewalk or pedestrian path from a conveyance within 1,500 feet of: (1) a resort hotel; (2) certain event facilities; (3) certain convention facilities; and (4) a median of a highway, if the median is adjacent to a parking lot. Sections 7.5 and 21.5 authorize, with certain exceptions, a person to sell food, beverages or merchandise within 1,500 feet of such a location if the area is zoned exclusively for residential use.
Sections 8 and 22 of this bill authorize a governing body of a county or city to require that a sidewalk vendor: (1) hold certain state and local permits or licenses; and (2) submit certain information to the county or city.
Sections 9 and 23 of this bill provide that an ordinance adopted by a governing body of a county or city may, with certain exceptions, impose additional requirements regulating the time, place and manner of sidewalk vending.
Sections 10 and 24 of this bill authorize a governing body of a county or city to impose by ordinance certain penalties and fines for a violation of the provisions of the ordinance regulating sidewalk vendors or for operating without any required license or permit for sidewalk vendors.
Sections 10.5 and 24.5 of this bill provide that the provisions of this bill governing the regulation of sidewalk vendors by a governing body of a county or city shall not be construed to: (1) exempt a person from complying with any state or local law or regulation; (2) provide a defense to any criminal act that is not related to the act of sidewalk vending; or (3) affect certain rights of a private property owner to use or authorize or limit the use of a privately owned sidewalk.
κ2023 Statutes of Nevada, Page 1432 (CHAPTER 228, SB 92)κ
law or regulation; (2) provide a defense to any criminal act that is not related to the act of sidewalk vending; or (3) affect certain rights of a private property owner to use or authorize or limit the use of a privately owned sidewalk.
Section 11 of this bill makes a conforming change to create an exception to the authority of a board of county commissioners to regulate all character of lawful trades, callings, industries, occupations, professions and business.
Existing law authorizes a local board of health to adopt regulations relating to food establishments. (NRS 446.940) Section 25 of this bill requires a local board of health to adopt regulations to establish a process for a person to apply for a permit, license or other authorization from the local board of health to operate as a sidewalk vendor and that allow a person applying for any such authorization to operate as a sidewalk vendor to: (1) pay any fees required by the local board of health using a payment plan; and (2) obtain any necessary certification as a food handler if the person does not have a drivers license or identification card.
Section 13 of this bill creates the Task Force on Safe Sidewalk Vending in the Office of the Secretary of State and requires the Secretary of State to appoint nine members to the Task Force. Section 14 of this bill requires the Task Force to review existing laws governing sidewalk vending and recommend approaches to improve the laws of this State and cities and counties of this State governing sidewalk vending.
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 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10.5, inclusive, of this act.
Sec. 2. The provisions of sections 2 to 10.5, inclusive, of this act apply only to a county whose population is 100,000 or more.
Sec. 3. As used in sections 2 to 10.5, inclusive, of this act, unless the context otherwise requires, sidewalk vendor means a person who sells food upon a public sidewalk or other pedestrian path from a conveyance, including, without limitation, a pushcart, stand, display, pedal-driven cart, wagon, showcase or rack. The term includes, without limitation, a nonstationary sidewalk vendor and a stationary sidewalk vendor.
Secs. 4-6. (Deleted by amendment.)
Sec. 7. 1. A board of county commissioners may adopt an ordinance regulating sidewalk vendors in accordance with the requirements of sections 2 to 10.5, inclusive, of this act.
2. Except as otherwise provided in sections 2 to 10.5, inclusive, of this act, a board of county commissioners shall not:
(a) Enact or enforce a complete prohibition on sidewalk vendors.
(b) Impose a criminal penalty on the act of sidewalk vending in a residential area.
3. A board of county commissioners that does not adopt an ordinance that complies or substantially complies with sections 2 to 10.5, inclusive, of this act, shall not cite, fine or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the provisions of sections 2 to 10.5, inclusive, of this act.
4. If a board of county commissioners adopts an ordinance pursuant to this section, the board of county commissioners shall post on its Internet website a map of the zones where a person may engage in the act of sidewalk vending.
Sec. 7.5. 1. Except as otherwise provided in subsection 4, a person shall not sell food, beverages or merchandise upon a public sidewalk or pedestrian path from a conveyance, including, without limitation, a pushcart, stand, display, pedal-driven cart, wagon, showcase or rack, within 1,500 feet of:
κ2023 Statutes of Nevada, Page 1433 (CHAPTER 228, SB 92)κ
pedestrian path from a conveyance, including, without limitation, a pushcart, stand, display, pedal-driven cart, wagon, showcase or rack, within 1,500 feet of:
(a) A resort hotel, as defined in NRS 463.01865;
(b) An event facility that has seating capacity for at least 20,000 people and is constructed to accommodate a major or minor league sports team;
(c) A convention facility operated by a county fair and recreation board; or
(d) A median of a highway, if the median is adjacent to a parking lot.
2. For any violation of subsection 1, a board of county commissioners may impose a criminal, civil or administrative penalty in accordance with an ordinance adopted by the board of county commissioners pursuant to section 7 of this act. The maximum criminal penalty that may be specified in an ordinance adopted pursuant to section 7 of this act is a misdemeanor. A violation of subsection 1 or such an ordinance does not constitute a crime of moral turpitude.
3. Nothing in this section authorizes a person to sell merchandise 1,500 feet or more from:
(a) A resort hotel, as defined in NRS 463.01865;
(b) An event facility that has seating capacity for at least 20,000 people and is constructed to accommodate a major or minor league sports team;
(c) A convention facility operated by a county fair and recreation board; or
(d) A median of a highway that is adjacent to a parking lot.
4. A person may sell food, beverages or merchandise within 1,500 feet of a location described in subsection 1 if the conveyance from which the person is selling food, beverages or merchandise is located in an area which is zoned exclusively for residential use, unless the area is on a public sidewalk or pedestrian path that is immediately adjacent to a location described in subsection 1.
Sec. 8. An ordinance adopted by a board of county commissioners regulating sidewalk vendors pursuant to section 7 of this act may require that a sidewalk vendor:
1. Hold:
(a) A permit or license for sidewalk vending;
(b) A state business license; and
(c) Any other licenses issued by a state or local governmental agency to the extent otherwise required by law.
Κ Nothing in this section shall be construed to authorize a sidewalk vendor to not comply with any requirement to obtain a state business license or other license issued by a state agency or any permit or license issued by a local government, agency or board of health to the extent otherwise required by law.
2. Submit information to the designated representative of the county relating to his or her operations, including, without limitation:
(a) The name and current mailing address of the sidewalk vendor;
(b) If the sidewalk vendor is an agent of an individual, company, partnership or corporation, the name and business address of the principal office;
(c) A description of the food offered for sale; and
(d) A certification by the sidewalk vendor that, to the best of his or her knowledge and belief, the information submitted pursuant to this section is true.
κ2023 Statutes of Nevada, Page 1434 (CHAPTER 228, SB 92)κ
Sec. 9. 1. In addition to the provisions of section 8 of this act, an ordinance adopted by a board of county commissioners that regulates sidewalk vendors may:
(a) Adopt requirements regulating the time, place and manner of sidewalk vending if the requirements are objectively and directly related to the health, safety or welfare concerns of the public, which may include, without limitation:
(1) Restrictions on the hours of operation of a sidewalk vendor, which may not be more restrictive than any restriction imposed by any applicable ordinance regulating noise or any restriction on the hours of operation imposed on home-based businesses that are similar to sidewalk vending; and
(2) Requirements to:
(I) Maintain sanitary conditions and comply with the regulations adopted by a local board of health pursuant to section 25 of this act.
(II) Ensure compliance with the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.
(b) Restrict or prohibit sidewalk vendors from operating:
(1) In areas located within the immediate vicinity of a farmers market licensed pursuant to NRS 244.337 during the operating hours of the farmers market.
(2) Within the immediate vicinity of an area designated for a temporary special event by the board of county commissioners, provided that any notice or other right provided to affected businesses or property owners during the temporary special event is also provided to any sidewalk vendors permitted to operate in the area, if applicable. A prohibition of sidewalk vendors pursuant to this subparagraph must only be effective for the limited duration of the temporary special event.
(3) Within a set distance established by the board of county commissioners of:
(I) Except as otherwise provided in section 7.5 of this act, an establishment that holds a nonrestricted gaming license described in subsection 1 or 2 of NRS 463.0177;
(II) A food establishment;
(III) A school, child care facility, community center, polling place, religious institution or place of worship or park or recreational facility owned by the county; or
(IV) A highly trafficked pedestrian mall, convention center or designated entertainment district.
(4) In residential areas, but must not prohibit nonstationary sidewalk vendors from operating in such areas.
2. As used in this section:
(a) Entertainment district means a contiguous area located within a county that:
(1) Is zoned for or customarily used for commercial purposes; and
(2) Contains any number and combination of restaurants, bars, entertainment establishments, music venues, theaters, art galleries or studios, dance studios or athletic stadiums.
(b) Pedestrian mall has the meaning ascribed to it in NRS 268.811.
Sec. 10. 1. In accordance with an ordinance adopted pursuant to sections 2 to 10.5, inclusive, of this act, a board of county commissioners or its designee may:
κ2023 Statutes of Nevada, Page 1435 (CHAPTER 228, SB 92)κ
(a) Suspend or revoke any permit or license for sidewalk vending for any violation of the ordinance or the terms or conditions of the permit or license in the same manner as such suspensions or revocations are imposed for other types of businesses;
(b) Impose a civil penalty on the holder of a permit or license for sidewalk vending that engages in sidewalk vending in a prohibited residential area or for any violation of the terms or conditions of the permit or license in accordance with the schedule of civil penalties set forth in the ordinance, if any;
(c) Impose a civil penalty on a person who engages in sidewalk vending without holding a permit or license for sidewalk vending required by the ordinance in accordance with the schedule of civil penalties set forth in the ordinance, if any; and
(d) Authorize any other action to prevent the sale or consumption of any food or drink that violates any requirements established by a local board of health pursuant to section 25 of this act.
2. For any person who engages in sidewalk vending without holding a permit or license for sidewalk vending or who engages in sidewalk vending in a prohibited area, a board of county commissioners or its designee may also take any other action authorized under existing law to enforce any prohibition on unlicensed business activities, including, without limitation, any action authorized pursuant to section 7.5 of this act.
Sec. 10.5. The provisions of sections 2 to 10.5, inclusive, of this act shall not be construed to:
1. Exempt a person from complying with any state or local law or regulation;
2. Provide a defense to any criminal charge unrelated to the act of sidewalk vending; or
3. Affect the rights of a private property owner to use or authorize or limit the use of a sidewalk that is owned by the private property owner, including, without limitation, a privately owned sidewalk that is subject to an easement for public access.
Sec. 11. NRS 244.335 is hereby amended to read as follows:
244.335 1. Except as otherwise provided in subsections 2, 3, 4 and 9, and NRS 244.33501, 244.35253, 244.3535 and 244.35351 to 244.35359, inclusive, a board of county commissioners may:
(a) Except as otherwise provided in NRS 244.331 to 244.3345, inclusive, 598D.150 and 640C.100, and sections 2 to 10.5, inclusive, of this act, regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns.
(b) Except as otherwise provided in NRS 244.3359 and 576.128, fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.
2. The county license boards have the exclusive power in their respective counties to regulate entertainers employed by an entertainment by referral service and the business of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city. The county license boards may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such employment and businesses.
κ2023 Statutes of Nevada, Page 1436 (CHAPTER 228, SB 92)κ
3. A board of county commissioners shall not require that a person who is licensed as a contractor pursuant to chapter 624 of NRS obtain more than one license to engage in the business of contracting or pay more than one license tax related to engaging in the business of contracting, regardless of the number of classifications or subclassifications of licensing for which the person is licensed pursuant to chapter 624 of NRS.
4. The board of county commissioners or county license board shall not require a person to obtain a license or pay a license tax on the sole basis that the person is a professional. As used in this subsection, professional means a person who:
(a) Holds a license, certificate, registration, permit or similar type of authorization issued by a regulatory body as defined in NRS 622.060 or who is regulated pursuant to the Nevada Supreme Court Rules; and
(b) Practices his or her profession for any type of compensation as an employee.
5. The county license board shall provide upon request an application for a state business license pursuant to chapter 76 of NRS. No license to engage in any type of business may be granted unless the applicant for the license:
(a) Signs an affidavit affirming that the business has complied with the provisions of chapter 76 of NRS; or
(b) Provides to the county license board the business identification number of the applicant assigned by the Secretary of State pursuant to NRS 225.082 which the county may use to validate that the applicant is currently in good standing with the State and has complied with the provisions of chapter 76 of NRS.
6. No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license:
(a) Presents written evidence that:
(1) The Department of Taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or
(2) Another regulatory agency of the State has issued or will issue a license required for this activity; or
(b) Provides to the county license board the business identification number of the applicant assigned by the Secretary of State pursuant to NRS 225.082 which the county may use to validate that the applicant is currently in good standing with the State and has complied with the provisions of paragraph (a).
7. Any license tax levied for the purposes of NRS 244.3358 or 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien has the same priority as a lien for general taxes. The lien must be enforced:
(a) By recording in the office of the county recorder, within 6 months after the date on which the tax became delinquent or was otherwise determined to be due and owing, a notice of the tax lien containing the following:
(1) The amount of tax due and the appropriate year;
(2) The name of the record owner of the property;
(3) A description of the property sufficient for identification; and
(4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and
(b) By an action for foreclosure against the property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.
κ2023 Statutes of Nevada, Page 1437 (CHAPTER 228, SB 92)κ
8. The board of county commissioners may delegate the authority to enforce liens from taxes levied for the purposes of NRS 244A.597 to 244A.655, inclusive, to the county fair and recreation board. If the authority is so delegated, the board of county commissioners shall revoke or suspend the license of a business upon certification by the county fair and recreation board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid. Except as otherwise provided in NRS 239.0115 and 244.3357, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, officer or employee of the county fair and recreation board or the county imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the Department of Taxation or Secretary of State for the exchange of information concerning taxpayers.
9. Except as otherwise provided by regulations adopted by the Cannabis Compliance Board pursuant to NRS 678B.645, a board of county commissioners shall not license or otherwise allow a person to operate a business that allows cannabis, as defined in NRS 678A.085, or cannabis products, as defined in NRS 678A.120, to be consumed on the premises of the business, other than a cannabis consumption lounge, as defined in NRS 678A.087, in accordance with the provisions of chapter 678B of NRS.
Sec. 12. Chapter 225 of NRS is hereby amended by adding thereto the provisions set forth as sections 13 and 14 of this act.
Sec. 13. 1. The Task Force on Safe Sidewalk Vending is hereby created within the Office of the Secretary of State.
2. The Task Force consists of the following nine members appointed by the Secretary of State:
(a) A representative of a health district in a county whose population is 100,000 or more;
(b) A representative employed by a county or city whose primary duties are the performance of tasks related to business licensing;
(c) A representative of the gaming or restaurant industries in this State;
(d) A representative from a law enforcement agency in a county whose population is 100,000 or more;
(e) A representative from the Office of the Secretary of State; and
(f) Four members at large chosen by the Secretary of State, with priority given to persons who are sidewalk vendors or are affiliated with a community organization that represents and affiliates with sidewalk vendors.
3. The members of the Task Force:
(a) Shall serve terms of 3 years. A member may be reappointed to the Task Force and any vacancy must be filled in the same manner as the original appointment.
(b) Serve without compensation.
4. A majority of the members of the Task Force constitutes a quorum for the transaction of business, and a majority of these members present at the meeting is sufficient for any official action taken by the Task Force.
κ2023 Statutes of Nevada, Page 1438 (CHAPTER 228, SB 92)κ
5. To support the activities of the Task Force, the Secretary of State may establish an advisory board composed of representatives of counties, cities and businesses, including, without limitation, a member of a health department or health district.
6. The Task Force may apply for and accept any gift, donation, bequest, grant or other source of money to carry out the duties of the Task Force.
Sec. 14. 1. The Task Force on Safe Sidewalk Vending created by section 13 of this act shall:
(a) Review the existing laws of this State, the cities and counties in this State and those of other states and municipalities relating to sidewalk vending; and
(b) Recommend approaches to improve the laws of this State and the cities and counties of this State to:
(1) Legalize sidewalk vending;
(2) Simplify and standardize the laws governing sidewalk vending;
(3) Remove unnecessary barriers to sidewalk vending;
(4) Protect the public health, safety and welfare by ensuring sidewalk vendors follow clear and narrowly tailored laws which address demonstrable health, safety and welfare risks; and
(5) Develop enforcement mechanisms, including, without limitation, civil penalties for sidewalk vendors that operate in authorized areas.
2. On or before September 1 of each even-numbered year, the Task Force shall submit to the Director of the Legislative Counsel Bureau for submission to the Legislative Commission a written report. The report must include, without limitation, a summary of the work of the Task Force and any recommendations for legislation and regulations.
Sec. 15. Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 16 to 24.5, inclusive, of this act.
Sec. 16. The provisions of sections 16 to 24.5, inclusive, of this act apply only to a city in a county whose population is 100,000 or more.
Sec. 17. As used in sections 16 to 24.5, inclusive, of this act, unless the context otherwise requires, sidewalk vendor means a person who sells food upon a public sidewalk or other pedestrian path from a conveyance, including, without limitation, a pushcart, stand, display, pedal-driven cart, wagon, showcase or rack. The term includes, without limitation, a nonstationary sidewalk vendor and a stationary sidewalk vendor.
Secs. 18-20. (Deleted by amendment.)
Sec. 21. 1. A city council or other governing body of an incorporated city may adopt an ordinance regulating sidewalk vendors in accordance with the requirements of sections 16 to 24.5, inclusive, of this act.
2. Except as otherwise provided in sections 16 to 24.5, inclusive, of this act, a city council or other governing body of an incorporated city shall not:
(a) Enact or enforce a complete prohibition on sidewalk vendors.
(b) Impose a criminal penalty on the act of sidewalk vending in a residential area.
3. A city council or other governing body of an incorporated city that does not adopt an ordinance that complies or substantially complies with sections 16 to 24.5, inclusive, of this act, shall not cite, fine or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the provisions of sections 16 to 24.5, inclusive, of this act.
κ2023 Statutes of Nevada, Page 1439 (CHAPTER 228, SB 92)κ
4. If a city council or other governing body of an incorporated city adopts an ordinance pursuant to this section, the city council or other governing body shall post on its Internet website a map of the zones where a person may engage in the act of sidewalk vending.
Sec. 21.5. 1. Except as otherwise provided in subsection 4, a person shall not sell food, beverages or merchandise upon a public sidewalk or pedestrian path from a conveyance, including, without limitation, a pushcart, stand, display, pedal-driven cart, wagon, showcase or rack, within 1,500 feet of:
(a) A resort hotel, as defined in NRS 463.01865;
(b) An event facility that has seating capacity for at least 20,000 people and is constructed to accommodate a major or minor league sports team;
(c) A convention facility operated by a county fair and recreation board; or
(d) A median of a highway, if the median is adjacent to a parking lot.
2. For any violation of subsection 1, a city council or other governing body of an incorporated city may impose a criminal, civil or administrative penalty in accordance with an ordinance adopted by the city council or other governing body of an incorporated city pursuant to section 21 of this act. The maximum criminal penalty that may be specified in an ordinance adopted pursuant to section 21 of this act is a misdemeanor. A violation of subsection 1 or such an ordinance does not constitute a crime of moral turpitude.
3. Nothing in this section authorizes a person to sell merchandise 1,500 feet or more from:
(a) A resort hotel, as defined in NRS 463.01865;
(b) An event facility that has seating capacity for at least 20,000 people and is constructed to accommodate a major or minor league sports team;
(c) A convention facility operated by a county fair and recreation board; or
(d) A median of a highway that is adjacent to a parking lot.
4. A person may sell food, beverages or merchandise within 1,500 feet of a location described in subsection 1 if the conveyance from which the person is selling food, beverages or merchandise is located in an area which is zoned exclusively for residential use, unless the area is on a public sidewalk or pedestrian path that is immediately adjacent to a location described in subsection 1.
Sec. 22. An ordinance adopted by a city council or other governing body of an incorporated city regulating sidewalk vendors pursuant to section 21 of this act may require that a sidewalk vendor:
1. Hold:
(a) A permit or license for sidewalk vending;
(b) A state business license; and
(c) Any other licenses issued by a state or local governmental agency to the extent otherwise required by law.
Κ Nothing in this section shall be construed to authorize a sidewalk vendor to not comply with any requirement to obtain a state business license or other license issued by a state agency or any permit or license issued by a local government, agency or board of health to the extent otherwise required by law.
2. Submit information to the designated representative of the city relating to his or her operations, including, without limitation:
(a) The name and current mailing address of the sidewalk vendor;
κ2023 Statutes of Nevada, Page 1440 (CHAPTER 228, SB 92)κ
(b) If the sidewalk vendor is an agent of an individual, company, partnership or corporation, the name and business address of the principal office;
(c) A description of the food offered for sale; and
(d) A certification by the sidewalk vendor that, to the best of his or her knowledge and belief, the information submitted pursuant to this section is true.
Sec. 23. 1. In addition to the provisions of section 22 of this act, an ordinance adopted by a city council or other governing body of an incorporated city that regulates sidewalk vendors may:
(a) Adopt requirements regulating the time, place and manner of sidewalk vending if the requirements are objectively and directly related to the health, safety or welfare concerns of the public, which may include, without limitation:
(1) Restrictions on the hours of operation of a sidewalk vendor, which may not be more restrictive than any restriction imposed by any applicable ordinance regulating noise or any restriction on the hours of operation imposed on home-based businesses that are similar to sidewalk vending; and
(2) Requirements to:
(I) Maintain sanitary conditions and comply with the regulations adopted by a local board of health pursuant to section 25 of this act.
(II) Ensure compliance with the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.
(b) Restrict or prohibit sidewalk vendors from operating:
(1) In areas located within the immediate vicinity of a farmers market licensed pursuant to NRS 268.092 during the operating hours of the farmers market.
(2) Within the immediate vicinity of an area designated for a temporary special event by the city council or other governing body of an incorporated city, provided that any notice or other right provided to affected businesses or property owners during the temporary special event is also provided to any sidewalk vendors permitted to operate in the area, if applicable. A prohibition of sidewalk vendors pursuant to this subparagraph must only be effective for the limited duration of the temporary special event.
(3) Within a set distance established by the city council or other governing body of an incorporated city of:
(I) Except as otherwise provided in section 21.5 of this act, an establishment that holds a nonrestricted gaming license described in subsection 1 or 2 of NRS 463.0177;
(II) A food establishment;
(III) A school, child care facility, community center, polling place, religious institution or place of worship or a park or recreational facility owned by the city; or
(IV) A highly trafficked pedestrian mall, convention center or designated entertainment district.
(4) In residential areas, but must not prohibit nonstationary sidewalk vendors from operating in such areas.
2. As used in this section:
(a) Entertainment district means a contiguous area located within a city that:
κ2023 Statutes of Nevada, Page 1441 (CHAPTER 228, SB 92)κ
(1) Is zoned for or customarily used for commercial purposes; and
(2) Contains any number and combination of restaurants, bars, entertainment establishments, music venues, theaters, art galleries or studios, dance studios or athletic stadiums.
(b) Pedestrian mall has the meaning ascribed to it in NRS 268.811.
Sec. 24. 1. In accordance with an ordinance adopted pursuant to sections 16 to 24.5, inclusive, of this act, a city council or other governing body of an incorporated city, or a designee of the city council or other governing body, may:
(a) Suspend or revoke any permit or license for sidewalk vending for any violation of the ordinance or the terms or conditions of the permit or license in the same manner as such suspensions or revocations are imposed for other types of businesses;
(b) Impose a civil penalty on the holder of a permit or license for sidewalk vending that engages in sidewalk vending in a prohibited residential area or for any violation of the terms or conditions of the permit or license in accordance with the schedule of civil penalties set forth in the ordinance, if any;
(c) Impose a civil penalty on a person who engages in sidewalk vending without holding a permit or license for sidewalk vending required by the ordinance in accordance with the schedule of civil penalties set forth in the ordinance, if any; and
(d) Authorize any other action to prevent the sale or consumption of any food or drink that violates any requirements established by a local board of health pursuant to section 25 of this act.
2. For any person who engages in sidewalk vending without holding a permit or license for sidewalk vending or who engages in sidewalk vending in a prohibited area, a city council or other governing body of an incorporated city, or a designee of the city council or other governing body, may also take any other action authorized under existing law to enforce any prohibition on unlicensed business activities, including, without limitation, any action authorized pursuant to section 21.5 of this act.
Sec. 24.5. The provisions of sections 16 to 24.5, inclusive, of this act, shall not be construed to:
1. Exempt a person from complying with any state or local law or regulation;
2. Provide a defense to any criminal charge unrelated to the act of sidewalk vending; or
3. Affect the rights of a private property owner to use or authorize or limit the use of a sidewalk that is owned by the private property owner, including, without limitation, a privately owned sidewalk that is subject to an easement for public access.
Sec. 25. Chapter 446 of NRS is hereby amended by adding thereto a new section to read as follows:
1. A local board of health in a county whose population is 100,000 or more or a city in a county whose population is 100,000 or more shall adopt regulations pursuant to NRS 446.940 regulating sidewalk vendors of food which must, without limitation:
(a) Establish a process for a person to apply to the local board of health for a permit, license or other authorization to operate as a sidewalk vendor;
(b) Provide for a person applying for a permit, license or other authorization for sidewalk vending to pay any fees required by the local board of health using a payment plan;
κ2023 Statutes of Nevada, Page 1442 (CHAPTER 228, SB 92)κ
(c) Establish procedures for a person seeking to operate as a sidewalk vendor who does not have a drivers license or identification card issued by this State or another State, the District of Columbia or any territory of the United States to obtain any certification required by the local board of health as a food handler; and
(d) Include any other regulation determined to be necessary by the Task Force on Safe Sidewalk Vending pursuant to section 14 of this act.
2. As used in this section, sidewalk vendor means a person who sells food upon a public sidewalk or other pedestrian path from a conveyance, including, without limitation, a pushcart, stand, display, pedal-driven cart, wagon, showcase or rack. The term includes a nonstationary sidewalk vendor and a stationary sidewalk vendor.
Sec. 26. Any ordinance, regulation or rule of a county or city which conflicts with the provisions of this act is void and unenforceable.
Sec. 26.5. Each local board of health in a county whose population is 100,000 or more and local board of health of a city in a county whose population is 100,000 or more shall adopt the regulations required by section 25 of this act on or before December 31, 2025.
Sec. 27. (Deleted by amendment.)
Sec. 27.5. The amendatory provisions of this section and sections 2 to 11, inclusive, and 16 to 26.5, inclusive, of this act are not severable. If any provision of this section or sections 2 to 11, inclusive, or 16 to 26.5, inclusive, of this act, or any application thereof to any person, thing or circumstance is held invalid, the other provisions of this section and sections 2 to 11, inclusive, and 16 to 26.5, inclusive, of this act become ineffective.
Sec. 28. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec. 29. 1. This section and sections 26.5 to 28, inclusive, of this act become effective upon passage and approval.
2. Sections 12, 13 and 14 of this act become effective:
(a) Upon passage and approval for the purpose of appointing members of the Task Force on Safe Sidewalk Vending and performing any other preparatory administrative tasks that are necessary to carry out the provisions of sections 12, 13 and 14 of this act; and
(b) On January 1, 2024, for all other purposes.
3. Sections 7.5, 21.5 and 26 of this act become effective:
(a) Upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On October 15, 2023, for all other purposes.
4. Sections 1 to 7, inclusive, 8, 10, 10.5, 11, 15 to 22, inclusive, 24, 24.5 and 25 of this act become effective on January 1, 2024.
5. Sections 9 and 23 of this act become effective:
(a) Upon passage and approval for the purpose of performing any preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On July 1, 2024, for all other purposes.
________
κ2023 Statutes of Nevada, Page 1443κ
Senate Bill No. 336Senators Ohrenschall and Stone
CHAPTER 229
[Approved: June 7, 2023]
AN ACT relating to health care; exempting certain conduct of certain practitioners of healing arts practicing within their authorized scope of authority from provisions governing certain practitioners of other healing arts; enacting provisions governing the certification and regulation of certified registered nurse anesthetists; authorizing a certified registered nurse anesthetist to order, prescribe, possess and administer controlled substances, poisons, dangerous drugs and devices under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a physician, physician assistant, dentist, advanced practice registered nurse, podiatric physician or optometrist to prescribe and dispense controlled substances and dangerous drugs under certain circumstances. (NRS 453.226, 454.215, 639.235) Existing law provides that provisions of existing law governing the practice of physicians, physician assistants, perfusionists and practitioners of respiratory care do not apply to any person permitted to practice any other healing art under title 54 of NRS who does so within the scope of that authority. (NRS 630.047) Sections 1, 2.2 and 3-5 of this bill provide similar exemptions from provisions governing dentists, nurses, osteopathic physicians and physician assistants, podiatrists and optometrists for practitioners of healing arts who are acting within the scope of their authority. Section 6 of this bill provides that the provisions of sections 1, 2.2 and 3-5 apply to any conduct by a practitioner of a healing art before, on or after the effective date of this bill which has not been the subject of a final order from the Board of Dental Examiners of Nevada, the State Board of Nursing, the State Board of Osteopathic Medicine, the State Board of Podiatry or the Nevada State Board of Optometry. Section 6 also requires those boards to terminate any investigation or disciplinary proceedings for conduct that is outside the scope of those boards.
Existing law: (1) provides for the certification of certified registered nurse anesthetists by the State Board of Nursing; and (2) authorizes a certified registered nurse anesthetist to administer anesthetic agents to a person under the care of a licensed physician, dentist or podiatric physician. (NRS 632.014) Section 2.4 of this bill requires the State Board of Nursing to issue a certificate of registration to practice as a certified registered nurse anesthetist to a registered nurse who meets the requirements prescribed by existing law for such certification and any additional requirements prescribed by the Board. Section 2.4 also requires the Board to adopt regulations governing certified registered nurse anesthetists.
Existing law authorizes a registered nurse to possess and administer controlled substances and dangerous drugs under certain circumstances. (NRS 453.375, 454.213) Sections 2.6, 5.1, 5.5 and 5.9 of this bill additionally authorize a certified registered nurse anesthetist working under the supervision of a physician licensed to practice medicine or osteopathic medicine in this State to order, prescribe, possess and administer controlled substances, poisons, dangerous drugs and devices to treat a person under the care of a licensed physician in a critical access hospital before, during and after surgery or childbirth. Sections 5.2-5.4 and 5.6-5.85 of this bill make additional changes necessary to authorize a certified registered nurse anesthetist to order, prescribe, possess and administer controlled substances, poisons, dangerous drugs and devices in such circumstances. A certified registered nurse anesthetist who unlawfully possesses, prescribes or administers a controlled substance, dangerous drug or poison would be subject to discipline and criminal and civil penalties to the same extent as other practitioners who unlawfully possess, prescribe or administer such drugs.
κ2023 Statutes of Nevada, Page 1444 (CHAPTER 229, SB 336)κ
drug or poison would be subject to discipline and criminal and civil penalties to the same extent as other practitioners who unlawfully possess, prescribe or administer such drugs. (NRS 453.236, 453.305, 453.326, 453.3363, 453.553, 454.170, 454.356)
Section 2.8 of this bill makes a conforming change to remove a provision now duplicated in section 2.4.
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 631.115 is hereby amended to read as follows:
631.115 1. Except as otherwise provided in subsection 2 of NRS 631.317, this chapter does not apply to:
[1.] (a) A legally qualified physician or surgeon unless he or she practices dentistry as a specialty.
[2.] (b) A dentist, dental hygienist or dental therapist of the United States Army, Navy, Air Force, Public Health Service, Coast Guard or Department of Veterans Affairs in the discharge of his or her official duties, including, without limitation, providing medical care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455.
(c) Any person permitted to practice any other healing art under this title who does so within the scope of that authority.
2. As used in this section, healing art has the meaning ascribed to it in NRS 630.0122.
Sec. 2. Chapter 632 of NRS is hereby amended by adding thereto the provisions set forth as section 2.2, 2.4 and 2.6 of this act.
Sec. 2.2. 1. Except as otherwise provided in NRS 632.472, this chapter does not apply to any person permitted to practice any other healing art under this title who does so within the scope of that authority.
2. As used in this section, healing art has the meaning ascribed to it in NRS 630.0122.
Sec. 2.4. 1. The Board shall issue a certificate of registration to practice as a certified registered nurse anesthetist to an applicant who:
(a) Has successfully completed a nationally accredited program in the science of anesthesia; and
(b) Meets any additional requirements prescribed by the Board pursuant to subsection 2.
2. The Board shall adopt regulations to carry out the provisions of this section and section 2.6 of this act, including, without limitation, regulations:
(a) Specifying any additional training, education and experience necessary for certification as a certified registered nurse anesthetist;
(b) Delineating the authorized scope of practice of a certified registered nurse anesthetist; and
(c) Establishing the procedure to apply for certification as a certified registered nurse anesthetist.
Sec. 2.6. 1. A certified registered nurse anesthetist may:
(a) Under the supervision of a physician licensed pursuant to chapter 630 or 633 of NRS, order, prescribe, possess and administer controlled substances, poisons, dangerous drugs and devices to treat a patient under the care of a licensed physician in a critical access hospital in preparation for surgery or childbirth, during surgery or childbirth and while a patient recovers from surgery or childbirth.
κ2023 Statutes of Nevada, Page 1445 (CHAPTER 229, SB 336)κ
(b) Possess and administer controlled substances, poisons, dangerous drugs and devices in other circumstances under which a registered nurse is authorized to possess and administer controlled substances, poisons, dangerous drugs and devices.
2. A certified registered nurse anesthetist shall not order or prescribe a controlled substance, poison, dangerous drug or device except as authorized by paragraph (a) of subsection 1.
3. As used in this section, critical access hospital means a hospital which has been certified as a critical access hospital by the Secretary of Health and Human Services pursuant to 42 U.S.C. 1395i-4(e).
Sec. 2.8. NRS 632.014 is hereby amended to read as follows:
632.014 Certified registered nurse anesthetist means a registered nurse who [:
1. Has completed a nationally accredited program in the science of anesthesia; and
2. Is] is certified by the Board pursuant to section 2.4 of this act to administer anesthetic agents to a person under the care of a licensed physician, a licensed dentist or a licensed podiatric physician.
Sec. 3. NRS 633.171 is hereby amended to read as follows:
633.171 1. This chapter does not apply to:
(a) The practice of medicine or perfusion pursuant to chapter 630 of NRS, dentistry, chiropractic, podiatry, optometry, respiratory care, faith or Christian Science healing, nursing, veterinary medicine or fitting hearing aids.
(b) A medical officer of the Armed Forces or a medical officer of any division or department of the United States in the discharge of his or her official duties, including, without limitation, providing medical care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455.
(c) Osteopathic physicians who are called into this State, other than on a regular basis, for consultation or assistance to a physician licensed in this State, and who are legally qualified to practice in the state where they reside.
(d) Osteopathic physicians who are temporarily exempt from licensure pursuant to NRS 633.420 and are practicing osteopathic medicine within the scope of the exemption.
(e) The performance of medical services by a student enrolled in an educational program for a physician assistant which is accredited by the Accreditation Review Commission on Education for the Physician Assistant, Inc., or its successor organization, as part of such a program.
(f) A physician assistant of any division or department of the United States in the discharge of his or her official duties unless licensure by a state is required by the division or department of the United States.
(g) Any person permitted to practice any other healing art under this title who does so within the scope of that authority.
2. This chapter does not repeal or affect any law of this State regulating or affecting any other healing art.
3. This chapter does not prohibit:
(a) Gratuitous services of a person in cases of emergency.
(b) The domestic administration of family remedies.
Sec. 4. NRS 635.015 is hereby amended to read as follows:
635.015 1. This chapter does not apply:
(a) To commissioned surgeons of the United States Army, Navy or Marine Hospital Service in the actual performance of their official duties, including, without limitation, providing medical care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455.
κ2023 Statutes of Nevada, Page 1446 (CHAPTER 229, SB 336)κ
including, without limitation, providing medical care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455.
(b) To physicians licensed in the State of Nevada.
(c) To any person permitted to practice any other healing art under this title who does so within the scope of that authority.
2. This chapter does not prohibit the manufacture, recommendation, advertisement, demonstration or sale of arch-support shoes, foot appliances or remedies by retail dealers.
3. As used in this section, healing art has the meaning ascribed to it in NRS 630.0122.
Sec. 5. NRS 636.027 is hereby amended to read as follows:
636.027 This chapter:
1. Applies to any person who is licensed to practice optometry pursuant to this chapter and any other person engaged in the practice of optometry in this State.
2. Must not be construed to apply to [physicians] :
(a) Physicians and surgeons duly licensed to practice in this State.
(b) Any person permitted to practice any other healing art under this title who does so within the scope of that authority.
3. As used in this section, healing art has the meaning ascribed to it in NRS 630.0122.
Sec. 5.1. NRS 639.0125 is hereby amended to read as follows:
639.0125 Practitioner means:
1. A physician, dentist, veterinarian or podiatric physician who holds a license to practice his or her profession in this State;
2. A hospital, pharmacy or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer drugs in the course of professional practice or research in this State;
3. An advanced practice registered nurse who has been authorized to prescribe controlled substances, poisons, dangerous drugs and devices;
4. A physician assistant who:
(a) Holds a license issued by the Board of Medical Examiners; and
(b) Is authorized by the Board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of a physician as required by chapter 630 of NRS;
5. A physician assistant who:
(a) Holds a license issued by the State Board of Osteopathic Medicine; and
(b) Is authorized by the Board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of an osteopathic physician as required by chapter 633 of NRS; or
6. An optometrist who is certified by the Nevada State Board of Optometry to prescribe and administer pharmaceutical agents pursuant to NRS 636.288, when the optometrist prescribes or administers pharmaceutical agents within the scope of his or her certification.
7. A certified registered nurse anesthetist who orders, prescribes, possesses or administers controlled substances, poisons, dangerous drugs or devices in accordance with section 2.6 of this act.
Sec. 5.2. Chapter 453 of NRS is hereby amended by adding thereto a new section to read as follows:
Certified registered nurse anesthetist has the meaning ascribed to it in NRS 632.014.
κ2023 Statutes of Nevada, Page 1447 (CHAPTER 229, SB 336)κ
Sec. 5.25. NRS 453.016 is hereby amended to read as follows:
453.016 As used in this chapter, the words and terms defined in NRS 453.021 to 453.141, inclusive, and section 5.2 of this act have the meanings ascribed to them in those sections except in instances where the context clearly indicates a different meaning.
Sec. 5.3. NRS 453.038 is hereby amended to read as follows:
453.038 Chart order means an order entered on the chart of a patient:
1. In a hospital, facility for intermediate care or facility for skilled nursing which is licensed as such by the Division of Public and Behavioral Health of the Department; or
2. Under emergency treatment in a hospital by a physician, advanced practice registered nurse, certified registered nurse anesthetist, dentist or podiatric physician, or on the written or oral order of a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, advanced practice registered nurse, certified registered nurse anesthetist, dentist or podiatric physician authorizing the administration of a drug to the patient.
Sec. 5.4. NRS 453.091 is hereby amended to read as follows:
453.091 1. Manufacture means the production, preparation, propagation, compounding, conversion or processing of a substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.
2. Manufacture does not include the preparation, compounding, packaging or labeling of a substance by a pharmacist, physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, advanced practice registered nurse , certified registered nurse anesthetist or veterinarian:
(a) As an incident to the administering or dispensing of a substance in the course of his or her professional practice; or
(b) By an authorized agent under his or her supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale.
Sec. 5.5. NRS 453.126 is hereby amended to read as follows:
453.126 Practitioner means:
1. A physician, dentist, veterinarian or podiatric physician who holds a license to practice his or her profession in this State and is registered pursuant to this chapter.
2. An advanced practice registered nurse who holds a certificate from the State Board of Pharmacy authorizing him or her to dispense or to prescribe and dispense controlled substances.
3. A scientific investigator or a pharmacy, hospital or other institution licensed, registered or otherwise authorized in this State to distribute, dispense, conduct research with respect to, to administer, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research.
4. A euthanasia technician who is licensed by the Nevada State Board of Veterinary Medical Examiners and registered pursuant to this chapter, while he or she possesses or administers sodium pentobarbital pursuant to his or her license and registration.
κ2023 Statutes of Nevada, Page 1448 (CHAPTER 229, SB 336)κ
5. A physician assistant who:
(a) Holds a license from the Board of Medical Examiners; and
(b) Is authorized by the Board to possess, administer, prescribe or dispense controlled substances under the supervision of a physician as required by chapter 630 of NRS.
6. A physician assistant who:
(a) Holds a license from the State Board of Osteopathic Medicine; and
(b) Is authorized by the Board to possess, administer, prescribe or dispense controlled substances under the supervision of an osteopathic physician as required by chapter 633 of NRS.
7. An optometrist who is certified by the Nevada State Board of Optometry to prescribe and administer pharmaceutical agents pursuant to NRS 636.288, when the optometrist prescribes or administers pharmaceutical agents within the scope of his or her certification.
8. A certified registered nurse anesthetist who orders, prescribes, possesses or administers controlled substances in accordance with section 2.6 of this act.
Sec. 5.6. NRS 453.128 is hereby amended to read as follows:
453.128 1. Prescription means:
(a) An order given individually for the person for whom prescribed, directly from a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, optometrist, advanced practice registered nurse , certified registered nurse anesthetist or veterinarian, or his or her agent, to a pharmacist or indirectly by means of an order signed by the practitioner or an electronic transmission from the practitioner to a pharmacist; or
(b) A chart order written for an inpatient specifying drugs which he or she is to take home upon his or her discharge.
2. The term does not include a chart order written for an inpatient for use while he or she is an inpatient.
Sec. 5.7. NRS 453.226 is hereby amended to read as follows:
453.226 1. Every practitioner or other person who dispenses any controlled substance within this State or who proposes to engage in the dispensing of any controlled substance within this State shall obtain biennially a registration issued by the Board in accordance with its regulations. A person must present proof that he or she is authorized to access the database of the program established pursuant to NRS 453.162 before the Board may issue or renew a registration.
2. A person registered by the Board in accordance with the provisions of NRS 453.011 to 453.552, inclusive, and section 5.2 of this act to dispense or conduct research with controlled substances may possess, dispense or conduct research with those substances to the extent authorized by the registration and in conformity with the other provisions of those sections.
3. The following persons are not required to register and may lawfully possess and distribute controlled substances pursuant to the provisions of NRS 453.011 to 453.552, inclusive [:] , and section 5.2 of this act:
(a) An agent or employee of a registered dispenser of a controlled substance if he or she is acting in the usual course of his or her business or employment;
(b) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment;
κ2023 Statutes of Nevada, Page 1449 (CHAPTER 229, SB 336)κ
(c) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, advanced practice registered nurse, certified registered nurse anesthetist, podiatric physician or veterinarian or in lawful possession of a schedule V substance; or
(d) A physician who:
(1) Holds a locum tenens license issued by the Board of Medical Examiners or a temporary license issued by the State Board of Osteopathic Medicine; and
(2) Is registered with the Drug Enforcement Administration at a location outside this State.
4. The Board may waive the requirement for registration of certain dispensers if it finds it consistent with the public health and safety.
5. A separate registration is required at each principal place of business or professional practice where the applicant dispenses controlled substances.
6. The Board may inspect the establishment of a registrant or applicant for registration in accordance with the Boards regulations.
Sec. 5.75. NRS 453.336 is hereby amended to read as follows:
453.336 1. Except as otherwise provided in subsection 6, a person shall not knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, optometrist, advanced practice registered nurse , certified registered nurse anesthetist or veterinarian while acting in the course of his or her professional practice, or except as otherwise authorized by the provisions of NRS 453.005 to 453.552, inclusive [.] , and section 5.2 of this act.
2. Except as otherwise provided in subsections 3, 4 and 5 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385 or 453.339, a person who violates this section:
(a) For a first or second offense, if the controlled substance is listed in schedule I or II and the quantity possessed is less than 14 grams, or if the controlled substance is listed in schedule III, IV or V and the quantity possessed is less than 28 grams, is guilty of possession of a controlled substance and shall be punished for a category E felony as provided in NRS 193.130. In accordance with NRS 176.211, the court shall defer judgment upon the consent of the person.
(b) For a third or subsequent offense, if the controlled substance is listed in schedule I or II and the quantity possessed is less than 14 grams, or if the controlled substance is listed in schedule III, IV or V and the quantity possessed is less than 28 grams, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, is guilty of possession of a controlled substance and shall be punished for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.
(c) If the controlled substance is listed in schedule I or II and the quantity possessed is 14 grams or more, but less than 28 grams, or if the controlled substance is listed in schedule III, IV or V and the quantity possessed is 28 grams or more, but less than 200 grams, is guilty of low-level possession of a controlled substance and shall be punished for a category C felony as provided in NRS 193.130.
κ2023 Statutes of Nevada, Page 1450 (CHAPTER 229, SB 336)κ
(d) If the controlled substance is listed in schedule I or II and the quantity possessed is 28 grams or more, but less than 42 grams, or if the controlled substance is listed in schedule III, IV or V and the quantity possessed is 200 grams or more, is guilty of mid-level possession of a controlled substance and shall be punished 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 10 years and by a fine of not more than $50,000.
(e) If the controlled substance is listed in schedule I or II and the quantity possessed is 42 grams or more, but less than 100 grams, is guilty of high-level possession of a controlled substance and shall be punished 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 by a fine of not more than $50,000.
3. Unless a greater penalty is provided in NRS 212.160, 453.337 or 453.3385, a person who is convicted of the possession of flunitrazepam or gamma-hydroxybutyrate, or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
4. Unless a greater penalty is provided pursuant to NRS 212.160, a person who is convicted of the possession of 1 ounce or less of marijuana is guilty of a misdemeanor and shall be punished by:
(a) Performing not more than 24 hours of community service;
(b) Attending the live meeting described in paragraph (a) of subsection 2 of NRS 484C.530 and complying with any other requirements set forth in that section; or
(c) Being required to undergo an evaluation in accordance with subsection 1 of NRS 484C.350,
Κ or any combination thereof.
5. Unless a greater penalty is provided pursuant to NRS 212.160, a person who is convicted of the possession of more than 1 ounce, but less than 50 pounds, of marijuana or more than one-eighth of an ounce, but less than one pound, of concentrated cannabis is guilty of a category E felony and shall be punished as provided in NRS 193.130.
6. It is not a violation of this section if a person possesses a trace amount of a controlled substance and that trace amount is in or on a hypodermic device obtained from a sterile hypodermic device program pursuant to NRS 439.985 to 439.994, inclusive.
7. The court may grant probation to or suspend the sentence of a person convicted of violating this section.
8. If a person fulfills the terms and conditions imposed for a violation of subsection 4, the court shall, without a hearing, order sealed all documents, papers and exhibits in that persons record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the courts order. The court shall cause a copy of the order to be sent to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.
9. As used in this section:
(a) Controlled substance includes flunitrazepam, gamma-hydroxybutyrate and each substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.
κ2023 Statutes of Nevada, Page 1451 (CHAPTER 229, SB 336)κ
(b) Marijuana does not include concentrated cannabis.
(c) Sterile hypodermic device program has the meaning ascribed to it in NRS 439.986.
Sec. 5.8. NRS 453.381 is hereby amended to read as follows:
453.381 1. In addition to the limitations imposed by NRS 453.256 and 453.3611 to 453.3648, inclusive, a physician, physician assistant, dentist, advanced practice registered nurse , certified registered nurse anesthetist or podiatric physician may prescribe or administer controlled substances only for a legitimate medical purpose and in the usual course of his or her professional practice, and he or she shall not prescribe, administer or dispense a controlled substance listed in schedule II for himself or herself, his or her spouse or his or her children except in cases of emergency.
2. A veterinarian, in the course of his or her professional practice only, and not for use by a human being, may prescribe, possess and administer controlled substances, and the veterinarian may cause them to be administered by a veterinary technician under the direction and supervision of the veterinarian.
3. A euthanasia technician, within the scope of his or her license, and not for use by a human being, may possess and administer sodium pentobarbital.
4. A pharmacist shall not fill an order which purports to be a prescription if the pharmacist has reason to believe that it was not issued in the usual course of the professional practice of a physician, physician assistant, dentist, advanced practice registered nurse, certified registered nurse anesthetist, podiatric physician or veterinarian.
5. Any person who has obtained from a physician, physician assistant, dentist, advanced practice registered nurse, certified registered nurse anesthetist, podiatric physician or veterinarian any controlled substance for administration to a patient during the absence of the physician, physician assistant, dentist, advanced practice registered nurse, certified registered nurse anesthetist, podiatric physician or veterinarian shall return to him or her any unused portion of the substance when it is no longer required by the patient.
6. A manufacturer, wholesale supplier or other person legally able to furnish or sell any controlled substance listed in schedule II shall not provide samples of such a controlled substance to registrants.
7. A salesperson of any manufacturer or wholesaler of pharmaceuticals shall not possess, transport or furnish any controlled substance listed in schedule II.
8. A person shall not dispense a controlled substance in violation of a regulation adopted by the Board.
Sec. 5.85. NRS 453.391 is hereby amended to read as follows:
453.391 A person shall not:
1. Unlawfully take, obtain or attempt to take or obtain a controlled substance or a prescription for a controlled substance from a manufacturer, wholesaler, pharmacist, physician, physician assistant, dentist, advanced practice registered nurse, certified registered nurse anesthetist, veterinarian or any other person authorized to administer, dispense or possess controlled substances.
2. While undergoing treatment and being supplied with any controlled substance or a prescription for any controlled substance from one practitioner, knowingly obtain any controlled substance or a prescription for a controlled substance from another practitioner without disclosing this fact to the second practitioner.
κ2023 Statutes of Nevada, Page 1452 (CHAPTER 229, SB 336)κ
practitioner, knowingly obtain any controlled substance or a prescription for a controlled substance from another practitioner without disclosing this fact to the second practitioner.
Sec. 5.9. NRS 454.00958 is hereby amended to read as follows:
454.00958 Practitioner means:
1. A physician, dentist, veterinarian or podiatric physician who holds a valid license to practice his or her profession in this State.
2. A pharmacy, hospital or other institution licensed or registered to distribute, dispense, conduct research with respect to or to administer a dangerous drug in the course of professional practice in this State.
3. When relating to the prescription of poisons, dangerous drugs and devices:
(a) An advanced practice registered nurse who holds a certificate from the State Board of Pharmacy permitting him or her so to prescribe; or
(b) A physician assistant who holds a license from the Board of Medical Examiners and a certificate from the State Board of Pharmacy permitting him or her so to prescribe.
4. An optometrist who is certified to prescribe and administer pharmaceutical agents pursuant to NRS 636.288 when the optometrist prescribes or administers dangerous drugs which are within the scope of his or her certification.
5. A certified registered nurse anesthetist who orders, prescribes, possesses or administers poisons, dangerous drugs or devices in accordance with section 2.6 of this act.
Sec. 6. 1. The provisions of NRS 631.115, 633.171, 635.015 and 636.027, as amended by sections 1, 3, 4 and 5 of this act, respectively, and section 2.2 of this act apply to any conduct that:
(a) Occurred before, on or after the effective date of this section; and
(b) Has not been the subject of a final order of a regulatory body.
2. A regulatory body shall terminate any investigation or disciplinary proceedings:
(a) Against a person permitted to practice any healing art under title 54 of NRS for conduct outside the scope of the regulatory body; or
(b) Which are otherwise inconsistent with the amendatory provisions of this act.
3. As used in this section:
(a) Healing art has the meaning ascribed to it in NRS 630.0122.
(b) Regulatory body means the Board of Dental Examiners of Nevada, the State Board of Nursing, the State Board of Osteopathic Medicine, the State Board of Podiatry and the Nevada State Board of Optometry.
Sec. 7. 1. This section and sections 1, 2, 2.2, 3, 4, 5 and 6 of this act become effective upon passage and approval.
2. Sections 2.4, 2.6, 2.8 and 5.1 to 5.9, 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 1453κ
Assembly Bill No. 432Assemblyman Koenig
CHAPTER 230
[Approved: June 7, 2023]
AN ACT relating to optometry; requiring a licensee to provide certain notifications to the Nevada State Board of Optometry; authorizing persons enrolled in certain educational or residency programs to practice optometry under certain circumstances; prohibiting a licensee from prescribing ophthalmic lenses under certain circumstances; establishing certain requirements relating to the use of optometric telemedicine; reducing the fee for a veteran to obtain an initial license to practice optometry; revising certain requirements to obtain a license; revising provisions relating to the ownership of an optometry practice under an assumed or fictitious name under certain circumstances; authorizing the Board to issue citations for certain violations; requiring certain regulations adopted by the State Board of Health to authorize a licensed optometrist to serve as the director of a medical laboratory under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Nevada State Board of Optometry to adopt policies and regulations necessary to regulate the practice of optometry in this State and issue licenses to engage in the practice of optometry. (NRS 636.125, 636.215) Sections 2-12 of this bill define certain terms relating to the practice of optometry. Section 20 of this bill makes a conforming change to indicate the proper placement of sections 2-12 in the Nevada Revised Statutes. Section 28 of this bill authorizes the Board to issue a citation to a person who violates certain provisions of law governing the practice of optometry.
Existing law establishes a schedule of fees which the Board may not exceed when charging for the issuance of a license to practice optometry and for certain other purposes. (NRS 636.143) Section 21 of this bill revises the fees associated with the initial issuance of a license. Section 21 sets forth the maximum fee the Board is authorized to charge for the initial issuance of a license to an applicant who is a veteran, which is one-half of the maximum fee the Board is authorized to charge an applicant who is not a veteran.
Existing law authorizes the Board to issue a license by endorsement to certain persons who hold a corresponding valid and unrestricted license to engage in the practice of optometry in the District of Columbia or any state or territory of the United States and who meet certain other requirements. (NRS 636.206) Section 24 of this bill requires the: (1) corresponding license to be active; and (2) applicant to not have been licensed by the Board to practice optometry in this State in the immediately preceding year.
Existing law requires a licensee to notify the Executive Director of the Board in advance of changing the location where the licensee practices optometry or establishing an additional location to practice optometry. (NRS 636.370) Section 15 of this bill requires a licensee to notify the Board not later than 30 days after a change of the personal mailing address or primary telephone number of the licensee or the electronic mail address that the licensee most recently provided to the Board. Section 16 of this bill requires a licensee to report to the Board within 30 days the revocation, suspension or surrender of, or any disciplinary action taken against, a license, certificate or registration to practice any occupation or profession issued by any other jurisdiction.
κ2023 Statutes of Nevada, Page 1454 (CHAPTER 230, AB 432)κ
Existing law prohibits an optometrist from owning all or any part of an optometry practice under an assumed or fictitious name unless the optometrist has been issued a certificate of registration by the Board to practice optometry under the assumed or fictitious name at a specified location. (NRS 636.350) Section 26 of this bill specifies that each person who owns any part of such a practice hold an active license to practice optometry in this State and have been issued such a certificate of registration.
Section 14 of this bill: (1) authorizes a surviving family member of a licensed optometrist who has died and who was the sole owner of an optometry practice to own the optometry practice without holding a license to practice optometry in this State for not more than 1 year after the death of the licensed optometrist; and (2) clarifies that such ownership does not exempt a person from the requirement to obtain a license to engage in the practice of optometry. Section 14 requires such a surviving family member, not later than 1 year after the death of the licensee, to transfer ownership of that optometry practice to another licensed optometrist or to dissolve the practice.
Existing law prohibits a person from engaging in the practice of optometry in this State unless the person is licensed by the Board. (NRS 636.145) Section 17 of this bill authorizes students who are participating in certain externship programs pursuant to a course of study in optometry or certain persons engaged in a residency program for optometry to perform certain procedures pursuant to those programs which constitute engaging in the practice of optometry. Section 22 of this bill makes a conforming change to indicate that the performance of such procedures does not constitute the unlawful practice of optometry.
Existing law authorizes a licensed optometrist to prescribe therapeutic or corrective lenses for the correction or relief of or remedy for an abnormal condition or inefficiency of the eye or visual process. (NRS 636.025, 636.215) Section 18 of this bill prohibits a licensed optometrist from issuing, offering to issue, duplicating or extending a prescription for certain lenses if the optometrist has not performed, or does not have access to records relating to, a comprehensive eye examination performed within the immediately preceding 2 years on the intended recipient of the lenses.
Existing law defines the term telehealth to mean the delivery of services from a provider of health care to a patient at a different location through the use of information and audio-visual communication technology, not including facsimile or electronic mail. (NRS 629.515) Section 8 of this bill defines the term optometric telemedicine to mean, in general, the use of telehealth by a licensed optometrist to deliver health care services within the scope of the practice of optometry to a patient at a different location. Section 19 of this bill authorizes and sets forth certain requirements for the use of optometric telemedicine by a licensed optometrist for certain purposes. Section 19 requires, with certain exceptions, a licensed optometrist to have performed a comprehensive examination on a patient within the immediately preceding 2 years to deliver health care services to the patient through optometric telemedicine. Section 19 additionally authorizes an licensed optometrist to remotely monitor certain health data of a patient.
Existing law authorizes the State Board of Health to prescribe regulations relating to the operation of medical laboratories and the qualifications of the directors of those laboratories. (NRS 652.130) Section 29 of this bill requires the regulations to include licensed optometrists among the licensed physicians qualified to serve as the laboratory director of certain laboratories under certain circumstances.
κ2023 Statutes of Nevada, Page 1455 (CHAPTER 230, AB 432)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 636 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 19, inclusive, of this act.
Sec. 2. Asynchronous optometric telemedicine means a form of optometric telemedicine in which data that is collected from an examination of a patient that is conducted in person is later transmitted to an optometrist for review.
Sec. 3. 1. Comprehensive examination means an examination of a patient which is conducted in person and during which all of the following tests, procedures or actions are performed:
(a) The documentation of the primary reason for which the examination is conducted;
(b) A review of the medical history and ocular history of both the patient and his or her immediate family;
(c) A review of any medications used by the patient;
(d) A review of any allergies of the patient;
(e) A review of documentation identifying the patients primary care physician;
(f) General medical observations, including, without limitation, neurological and psychological orientation;
(g) Eye pressure;
(h) Gross, confrontation or formal visual fields;
(i) A basic sensorimotor examination;
(j) A complete pupillary assessment, including, without limitation, an examination of the presence of an afferent pupillary defect;
(k) Eye alignment;
(l) Visual acuities;
(m) Keratometry or autokeratometry;
(n) Anterior segment examination using a slit beam and magnification, as through a biomicroscope slit lamp, to include ocular adnexa, eyelid, eyelashes, conjunctiva, pupil, cornea, anterior chamber and lens;
(o) Posterior segment examination that includes the examination of the optic nerve, macula, retina and vessels; and
(p) A review and assessment of all data collected pursuant to paragraphs (a) to (o), inclusive, and the development of a plan to provide necessary treatment.
2. The term includes an examination in which a test, procedure or action specified in paragraphs (a) to (p), inclusive, of subsection 1 was not performed if the person conducting the examination was unable to perform the test, procedure or action and used an alternative method to obtain comparable data to that which would have been obtained by the proper performance of the test, procedure or action.
Sec. 4. Distant site has the meaning ascribed to it in NRS 629.515.
Sec. 5. Health care services means services for the diagnosis, prevention, treatment, care or relief of a health condition, illness, injury or disease that are within the scope of the practice of optometry.
κ2023 Statutes of Nevada, Page 1456 (CHAPTER 230, AB 432)κ
Sec. 6. Licensee means a person who is licensed to practice optometry pursuant to this chapter.
Sec. 7. Non-comprehensive examination means an examination that includes some but not all of the elements of a comprehensive examination.
Sec. 8. Optometric telemedicine means the use of telehealth, as defined in NRS 629.515, by a licensee who is located at a distant site to deliver health care services to a patient who is located at an originating site. The term includes, without limitation, synchronous optometric telemedicine and asynchronous optometric telemedicine.
Sec. 9. Optometry practice or optometric practice means a business through which one or more optometrists practice optometry.
Sec. 10. Originating site has the meaning ascribed to it in NRS 629.515.
Sec. 11. Remote patient monitoring means the monitoring by a licensee of data:
1. Collected from a patient of the licensee at one location and transmitted to the licensee at another location; and
2. That is necessary to make informed decisions about providing health care services to the patient.
Sec. 12. Synchronous optometric telemedicine means a form of optometric telemedicine in which information is exchanged via electronic communication in real time and includes, without limitation, communication via telephone, video, a mobile application or an online platform on an Internet website.
Sec. 13. (Deleted by amendment.)
Sec. 14. 1. For not more than 1 year after the death of a licensee who is the sole owner of an optometry practice, a surviving member of the licensees family may own the optometry practice without being licensed pursuant to this chapter. Not later than 1 year after the death of the licensee, the surviving member of the licensees family shall transfer ownership of the optometry practice to a licensee or dissolve the optometry practice.
2. The provisions of this section do not:
(a) Exempt a person from the requirement to obtain a license pursuant to this chapter to engage in the practice of optometry; and
(b) Abrogate, alter or otherwise affect any obligation to comply with the requirements of chapters 629 and 636 of NRS relating to the custody of health care records.
3. As used in this section, member of the licensees family means any person related to the licensee by blood, adoption or marriage within the third degree of consanguinity.
Sec. 15. A licensee shall notify the Board of any change in the personal mailing address or primary telephone number of the licensee or any change of the electronic mail address most recently provided by the licensee to the Board not later than 30 calendar days after the change.
Sec. 16. A licensee shall report to the Board within 30 days the revocation, suspension or surrender of, or any other disciplinary action taken against, a license, certificate or registration to practice any
κ2023 Statutes of Nevada, Page 1457 (CHAPTER 230, AB 432)κ
occupation or profession issued to the licensee by another state or territory of the United States, the District of Columbia or a foreign country.
Sec. 17. 1. A student who is enrolled in a graduate course of study in optometry at an accredited school or college of optometry and who is participating in an externship authorized by the school or college, as applicable, as part of that course of study may perform procedures within the scope of a license to practice optometry issued pursuant to this chapter if an optometrist or ophthalmologist licensed in this State:
(a) Is physically present at the clinic where the student is performing the procedures at all times while those procedures are being performed; and
(b) Examines the person on whom the student performed any procedure before the person is discharged.
2. Except as otherwise provided in subsection 3, a person who has received a degree of doctor of optometry and who is engaged in a residency program for optometry in this State may, without a license, engage in the practice of optometry within the scope of a license to practice optometry issued pursuant to this chapter and examine and manage patients without supervision if an optometrist or ophthalmologist licensed in this State is physically present at the clinic at all times when the person is practicing optometry.
3. A person described in subsection 2 may, in an emergency, provide care to a patient without an optometrist or ophthalmologist licensed in this State being physically present at the clinic if the person consults with an appropriate optometrist or ophthalmologist associated with the clinic to determine the proper care and management of the treatment of the patient.
4. As used in this section, clinic means a facility at which a licensed optometrist or ophthalmologist provides services to patients.
Sec. 18. It is unlawful for a licensee to issue, offer to issue, duplicate or extend a prescription for an ophthalmic lens for a person if the licensee has not performed a comprehensive examination, or does not have access to the complete results of a comprehensive examination that was performed, on the person within the immediately preceding 2 years.
Sec. 19. 1. Except as otherwise provided in subsection 5, a person shall not engage in optometric telemedicine to provide health care services to a patient located at an originating site in this State unless the person is licensed to practice optometry pursuant to this chapter.
2. Except as otherwise provided in subsection 3, a licensee may engage in synchronous or asynchronous optometric telemedicine to provide health care services to a patient only if the licensee has completed a comprehensive examination on the patient within the immediately preceding 2 years.
3. A licensee may engage in synchronous optometric telemedicine to perform a non-comprehensive examination of a new patient if the licensee has access to all the information obtained from a comprehensive examination of the patient that was conducted by an optometrist or ophthalmologist within the immediately preceding 2 years.
4. A licensee may engage in asynchronous optometric telemedicine to conduct a consultation regarding a patient on whom the licensee has not completed a comprehensive examination within the immediately preceding 2 years if:
κ2023 Statutes of Nevada, Page 1458 (CHAPTER 230, AB 432)κ
(a) An optometrist, ophthalmologist or primary care physician providing care to the patient requests that the licensee conduct the consultation and provides the licensee with all the information about the patient that is necessary to determine whether the patient requires a comprehensive examination; and
(b) The consultation performed by the licensee is limited to a determination of whether the patient requires a comprehensive examination and does not involve any diagnosis, recommendation for or treatment of the patient or a prescription for the patient.
5. A person who holds a valid, active and unrestricted license issued by the District of Columbia or any state or territory of the United States to practice optometry may conduct a consultation through asynchronous optometric telemedicine described in subsection 4 in the same manner as a licensee pursuant to that subsection without holding a license to practice optometry in this State.
6. A licensee may engage in remote patient monitoring of a patient on whom the licensee has completed a comprehensive examination within the immediately preceding 2 years for the purposes of:
(a) Acquiring data about the health of the patient;
(b) Assessing changes in previously diagnosed chronic health conditions;
(c) Confirming the stability of the health of the patient; or
(d) Confirming expected therapeutic results.
7. A licensee may engage in optometric telemedicine to provide health care services to a patient who is located at an originating site outside this State if the licensee has completed a comprehensive examination of the patient within the immediately preceding 2 years and such action is permitted by the laws of the state in which the patient is located.
8. A licensee shall not engage in optometric telemedicine to provide any health care service to the patient that the licensee has determined should be provided in person.
9. A licensee engaging in optometric telemedicine or remote patient monitoring shall not:
(a) Conduct himself or herself in a manner that violates the standard of care required of an optometrist who is treating a patient in person, including, without limitation, by issuing a prescription for ophthalmic lenses based solely upon one or more of the following:
(1) Answers provided by a patient in an online questionnaire;
(2) The application of lensometry; or
(3) The application of auto-refraction; or
(b) Condition the provision of optometric telemedicine or remote patient monitoring on the patient consenting to receiving a standard of care below that which is required by paragraph (a).
Sec. 20. NRS 636.015 is hereby amended to read as follows:
636.015 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 636.016 to 636.023, inclusive, and sections 2 to 12, inclusive, of this act have the meanings ascribed to them in those sections.
κ2023 Statutes of Nevada, Page 1459 (CHAPTER 230, AB 432)κ
Sec. 21. NRS 636.143 is hereby amended to read as follows:
636.143 1. At least once every 2 years, the Board shall review and, if the Board deems it necessary, establish or revise, within the limits prescribed a schedule of fees for the following purposes:
Not more than
[1.] (a) Examinations................................................................................. $250
[2.] (b) [Applications for the issuance of a 1-year license.................. $600
3. Renewal] Initial issuance or renewal of a license...................... $1,200
[4.] (c) Granting certification or issuing certificates......................... $1,000
[5.] (d) Licensing of extended clinical facilities and other practice locations $500
[6.] (e) Individually verifying licensure or disciplinary status........... $100
[7.] (f) Late fee........................................................................................ $1,000
[8.] (g) Initial issuance of a license to an applicant who is a veteran $600
(h) Any other service provided by the Board pursuant to this chapter $1,000
2. As used in this section, veteran has the meaning ascribed to it in NRS 417.005.
Sec. 22. NRS 636.145 is hereby amended to read as follows:
636.145 1. [A] Except as otherwise provided in section 17 of this act, a person shall not engage in the practice of optometry in this State unless:
(a) The person has obtained a license pursuant to the provisions of this chapter; and
(b) Except for the year in which such license was issued, the person holds a current renewal card for the license.
2. The Board shall conduct an investigation pursuant to subsection 3 if the Board receives a complaint which sets forth any reason to believe that a person has engaged in the practice of optometry in this State without a license issued pursuant to this chapter.
3. In addition to any other penalty prescribed by law, if the Board, after conducting an investigation and hearing in accordance with chapters 233B, 622 and 622A of NRS, determines that a person has committed any act described in subsection 1, the Board may:
(a) Issue and serve on the person an order to cease and desist from the practice of optometry until the person obtains a license from the Board.
(b) Issue a citation to the person [.] pursuant to NRS 636.420.
(c) Impose any combination of the penalties set forth in paragraphs (a) and (b).
κ2023 Statutes of Nevada, Page 1460 (CHAPTER 230, AB 432)κ
4. Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices or offers to practice optometry without a license issued pursuant to this chapter.
5. Each instance of unlicensed activity constitutes a separate offense for which a separate citation may be issued.
Sec. 23. (Deleted by amendment.)
Sec. 24. NRS 636.206 is hereby amended to read as follows:
636.206 1. The Board may issue a license by endorsement to engage in the practice of optometry to an applicant who meets the requirements set forth in this section. An applicant may submit to the Board an application for such a license if the applicant holds a corresponding valid , active and unrestricted license to engage in the practice of optometry in the District of Columbia or any state or territory of the United States.
2. An applicant for a license by endorsement pursuant to this section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) Has had no adverse actions reported to the National Practitioner Data Bank within the past 5 years;
(3) Has been continuously and actively engaged in the practice of optometry for the past 5 years;
(4) Has not held a license to practice optometry in this State in the immediately preceding year;
(5) Has not been disciplined and is not currently under investigation by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license to engage in the practice of optometry; and
[(5)] (6) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;
(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct; and
(c) Any other information required by the Board.
3. Not later than 15 business days after receiving an application for a license by endorsement to engage in the practice of optometry pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement to engage in the practice of optometry to the applicant not later than 45 days after receiving the application.
4. A license by endorsement to engage in the practice of optometry may be issued at a meeting of the Board or between its meetings by the President of the Board. Such an action shall be deemed to be an action of the Board.
Sec. 25. (Deleted by amendment.)
κ2023 Statutes of Nevada, Page 1461 (CHAPTER 230, AB 432)κ
Sec. 26. NRS 636.350 is hereby amended to read as follows:
636.350 1. [An optometrist] A person shall not own all or any portion of an optometry practice under an assumed or fictitious name unless the [optometrist has] person:
(a) Holds an active license to practice optometry in this State; and
(b) Has been issued a certificate of registration by the Board to practice optometry under the assumed or fictitious name and at a specific location.
2. [An optometrist] A person who applies for a certificate of registration to own all or any portion of an optometry practice under an assumed or fictitious name must submit to the Board an application on a form provided by the Board. The application must be accompanied by proof satisfactory to the Board that the assumed or fictitious name has been registered or otherwise approved by any appropriate governmental entity, including, without limitation, any incorporated city or unincorporated town in which the optometrist practices, if the registration or other approval is required by the governmental entity.
3. Each [optometrist] person who is issued a certificate of registration pursuant to this section shall:
(a) Comply with the provisions of chapter 602 of NRS;
(b) Display or cause to be displayed near the entrance of his or her business the full name of the optometrist and the words or letters that designate him or her as an optometrist; and
(c) Display or cause to be displayed near the entrance of his or her business the full name of any optometrist who regularly provides optometric services at the business and the words or letters that designate him or her as an optometrist.
4. The Board shall adopt regulations that prescribe the requirements for the issuance of a certificate of registration to practice optometry under an assumed or fictitious name.
5. As used in this section, assumed or fictitious name means a name other than the name of the optometrist printed on his or her license to practice optometry.
Sec. 27. (Deleted by amendment.)
Sec. 28. NRS 636.420 is hereby amended to read as follows:
636.420 1. After providing notice and a hearing pursuant to chapter 622A of NRS, the Board may impose an administrative fine of not more than $5,000 for each violation against a person licensed under this chapter who engages in any conduct constituting grounds for disciplinary action set forth in NRS 636.295.
2. If the Board determines that a person has violated any provision of this chapter, the Board may issue a citation to the person. The citation may contain an order to pay an administrative fine of not more than $1,000 for each violation or, for a violation described in subsection 1, $5,000 for each such violation. A citation issued pursuant to this subsection must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this subsection. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit to the
κ2023 Statutes of Nevada, Page 1462 (CHAPTER 230, AB 432)κ
Board a written request for a hearing not later than 30 days after the date of issuance of the citation. The Board shall provide notice of and conduct a hearing requested pursuant to this subsection in accordance with the provisions of chapter 622A of NRS.
Sec. 29. NRS 652.130 is hereby amended to read as follows:
652.130 1. Except as otherwise provided in NRS 652.127, the Board, with the advice of the Medical Laboratory Advisory Committee, may prescribe and publish rules and regulations relating to:
(a) The education, training and experience qualifications of laboratory directors and technical personnel.
(b) The location and construction of laboratories, including plumbing, heating, lighting, ventilation, electrical services and similar conditions, to ensure the conduct and operation of the laboratory in a manner which will protect the public health.
(c) Sanitary conditions within the laboratory and its surroundings, including the water supply, sewage, the handling of specimens and matters of general hygiene, to ensure the protection of the public health.
(d) The equipment essential to the proper conduct and operation of a laboratory.
(e) The determination of the accuracy of test results produced by a laboratory and the establishment of minimum qualifications therefor.
2. Any regulations adopted by the Board pursuant to this section must not require that the laboratory director of a laboratory in which the only test performed is a test for the detection of the human immunodeficiency virus that is classified as a waived test pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations:
(a) Be a licensed physician; or
(b) Perform duties other than those prescribed in NRS 652.180.
3. Any regulations adopted by the Board pursuant to this section that require the laboratory director of a laboratory in which the only tests performed are tests that are classified as waived tests pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations to be a licensed physician must include a licensed optometrist among the types of licensed physicians who are qualified to serve as a laboratory director of such a laboratory.
Sec. 30. (Deleted by amendment.)
________
κ2023 Statutes of Nevada, Page 1463κ
Assembly Bill No. 140Assemblymen Thomas, C.H. Miller, Monroe-Moreno, Marzola, Torres; Anderson, Bilbray-Axelrod, Brown-May, Carter, Cohen, Considine, DSilva, Duran, Gonzαlez, Gorelow, Jauregui, Kasama, Koenig, La Rue Hatch, Brittney Miller, Mosca, Newby, Nguyen, Orentlicher, Peters, Summers-Armstrong, Taylor, Watts and Yeager
Joint Sponsors: Senators Spearman, Neal, Krasner, Cannizzaro, Nguyen; and Lange
CHAPTER 231
[Approved: June 8, 2023]
AN ACT relating to legal holidays; making Juneteenth Day a legal holiday in this State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law declares certain days as legal holidays in this State and requires, with certain exceptions, all state, county and city offices, courts, public schools and the Nevada System of Higher Education to close on such legal holidays. (NRS 236.015) Existing law further requires the Governor to annually proclaim June 19 to be Juneteenth Day in the State of Nevada to commemorate the abolition of slavery in the United States. (NRS 236.033)
Section 1 of this bill makes Juneteenth Day a legal holiday in this State, rather than a day of observance. Section 1 further provides that Juneteenth Day is to be observed on June 19.
Section 2 of this bill makes a conforming change to account for the potential closure of state, county and city governmental offices on the third Monday in June in certain years when June 19 falls on the third Monday in June.
Section 3 of this bill makes a conforming change to repeal the requirement that the Governor proclaim June 19 to be Juneteenth Day in the State of Nevada as a day of observance.
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 236.015 is hereby amended to read as follows:
236.015 1. The following days are declared to be legal holidays for state, county and city governmental offices:
January 1 (New Years Day)
Martin Luther King, Jr.s birthday is on January 15 but is to be observed on the third Monday in January
Washingtons birthday is on February 22 but is to be observed on the third Monday in February
Last Monday in May (Memorial Day)
June 19 (Juneteenth Day)
July 4 (Independence Day)
First Monday in September (Labor Day)
Nevada Day is October 31 but is to be observed on the last Friday in October
κ2023 Statutes of Nevada, Page 1464 (CHAPTER 231, AB 140)κ
November 11 (Veterans Day)
Fourth Thursday in November (Thanksgiving Day)
Friday following the fourth Thursday in November (Family Day)
December 25 (Christmas Day)
Any day that may be appointed by the President of the United States for public fast, thanksgiving or as a legal holiday except for any Presidential appointment of the fourth Monday in October as Veterans Day.
2. Except as otherwise provided by NRS 293.560 and 293C.527, all state, county and city offices, courts, public schools and the Nevada System of Higher Education must close on the legal holidays enumerated in subsection 1 unless in the case of appointed holidays all or a part thereof are specifically exempted.
3. If January 1, June 19, July 4, November 11 or December 25 falls upon a:
(a) Sunday, the Monday following must be observed as a legal holiday.
(b) Saturday, the Friday preceding must be observed as a legal holiday.
Sec. 2. NRS 293.165 is hereby amended to read as follows:
293.165 1. Except as otherwise provided in NRS 293.166, a vacancy occurring in a major or minor political party nomination for a partisan office may be filled by a candidate designated by the party central committee of the county or State, as the case may be, of the major political party or by the executive committee of the minor political party subject to the provisions of subsections 3, 4 and 5.
2. A vacancy occurring in a nonpartisan office or nomination for a nonpartisan office after the close of filing and before 5 p.m. of the fourth Friday in July of the year in which the general election is held must be filled by the person who receives or received the next highest vote for the nomination in the primary election if a primary election was held for that nonpartisan office. If no primary election was held for that nonpartisan office or if there was not more than one person who was seeking the nonpartisan nomination in the primary election, a person may become a candidate for the nonpartisan office at the general election if the person files a declaration of candidacy with the appropriate filing officer and pays the filing fee required by NRS 293.193 after 8 a.m. on the third Monday in June, or if the third Monday in June is a legal holiday, on the day immediately following the third Monday in June , and before 5 p.m. on the fourth Friday in July.
3. If a vacancy occurs in a major political party nomination for a partisan office after the primary election and before 5 p.m. on the fourth Friday in July of the year in which the general election is held and:
(a) The vacancy occurs because the nominee dies or is adjudicated insane or mentally incompetent, the vacancy may be filled by a candidate designated by the party central committee of the county or State, as the case may be, of the major political party.
(b) The vacancy occurs for a reason other than the reasons described in paragraph (a), the nominees name must remain on the ballot for the general election and, if elected, a vacancy exists.
4. No change may be made on the ballot for the general election after 5 p.m. on the fourth Friday in July of the year in which the general election is held. If, after that time and date:
(a) A nominee dies or is adjudicated insane or mentally incompetent; or
(b) A vacancy in the nomination is otherwise created,
κ2023 Statutes of Nevada, Page 1465 (CHAPTER 231, AB 140)κ
Κ the nominees name must remain on the ballot for the general election and, if elected, a vacancy exists.
5. Each designation of a candidate provided for in this section must be filed with the appropriate filing officer before 5 p.m. on the fourth Friday in July of the year in which the general election is held. In each case, the candidate must file a declaration of candidacy with the appropriate filing officer and pay the filing fee required by NRS 293.193 before 5 p.m. on the date the designation is filed.
Sec. 3. NRS 236.033 is hereby repealed.
Sec. 4. This act becomes effective upon passage and approval.
________
Assembly Bill No. 62Committee on Revenue
CHAPTER 232
[Approved: June 7, 2023]
AN ACT relating to taxation; revising the qualifications for obtaining the exemption from taxation for certain property used for housing and related facilities for persons with low incomes; revising the qualifications for obtaining the exemption from taxation for certain property used for housing and related facilities for elderly persons or persons with disabilities; making legislative findings; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law exempts from property taxes the portion of real property and tangible personal property that is used for housing and related facilities for persons with low incomes if the portion of property: (1) qualifies as a low-income unit that is part of a qualified low-income housing project; and (2) is funded in part by federal money appropriated under the federal HOME Investment Partnerships Act. (42 U.S.C. §§ 12701 et seq.; NRS 361.082) Section 1 of this bill expands this exemption to include the portion of property which: (1) qualifies as a low-income unit that is part of a qualified low-income housing project that is financed in whole or in part by the federal Low-Income Housing Tax Credit or money from the Account for Affordable Housing; or (2) is financed in part with money from the federal Housing Trust Fund and complies with the affordability requirements for units financed through the Housing Trust Fund. Existing law also exempts from property taxes real property and tangible personal property used exclusively for housing and related facilities for elderly persons or persons with disabilities if the property: (1) was financed by a loan under the federal Housing Act of 1959, as amended; and (2) is owned or operated by a nonprofit corporation. (12 U.S.C. § 1701q; NRS 361.086) Section 2 of this bill provides that the exemption for real property and tangible personal property used exclusively for housing and related facilities for elderly persons or persons with disabilities applies only to the portion of property which is used exclusively for housing and related facilities for very low-income elderly persons or very low-income persons with disabilities, as defined in federal law. (12 U.S.C. § 1701q, 42 U.S.C. § 8013) Section 2 expands the exemption to include the portion of property that was wholly or partially financed by a capital advance issued under the portion of the federal Cranston-Gonzalez National Affordable Housing Act, which authorizes capital advances for supportive housing for very low-income persons with disabilities. (42 U.S.C. § 8013) Section 2 establishes the method for calculating the portion of a property to which this exemption applies.
κ2023 Statutes of Nevada, Page 1466 (CHAPTER 232, AB 62)κ
The Nevada Constitution prohibits the Legislature from enacting an exemption from property taxes unless the Legislature makes certain findings regarding the benefits and effects of the exemption. (Nev. Const. Art. 10, § 6) Section 3 of this bill sets forth such findings of the Legislature with respect to the exemptions from property taxes expanded by this bill.
Section 4 of this bill provides that the expanded exemptions set forth in sections 1 and 2 apply prospectively only to housing and related facilities approved on or after July 1, 2023, to receive financing under a program described in section 1 or 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. NRS 361.082 is hereby amended to read as follows:
361.082 1. That portion of real property and tangible personal property which is used for housing and related facilities for persons with low incomes is exempt from taxation if , for the year in which the exemption applies, the portion of property [qualifies] :
(a) Qualifies as a low-income unit and is part of a qualified low-income housing project that is [funded] financed in part by [federal] :
(1) Federal money appropriated pursuant to the HOME Investment Partnerships Act, 42 U.S.C. §§ 12701 et seq. [for the year in which the exemption applies.] ;
(2) The credit or reduction in liability for federal income taxes that is awarded pursuant to section 42 of the Internal Revenue Code, 26 U.S.C. § 42; or
(3) Money from the Account for Affordable Housing created by NRS 319.500; or
(b) Meets the affordability requirements pursuant to 24 C.F.R. § 93.302 and is financed in part by federal money appropriated pursuant to section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, 12 U.S.C. § 4568.
2. The portion of a qualified low-income housing project that is entitled to the property tax exemption pursuant to paragraph (a) of subsection 1 must be determined by dividing the total assessed value of the housing project and the land upon which it is situated into the assessed value of the low-income units and related facilities that are occupied by or used exclusively for persons with low incomes.
3. The portion of a housing project that is entitled to the property tax exemption pursuant to paragraph (b) of subsection 1 must be determined by dividing the total assessed value of the housing project and the land upon which it is situated into the assessed value of the units and related facilities that were financed in part by federal money appropriated pursuant to 12 U.S.C. § 4568 and that meet the affordability requirements pursuant to 24 C.F.R. § 93.302.
4. The Nevada Tax Commission shall, by regulation, prescribe a form for an application for the exemption described in subsection 1. After an original application is filed, the county assessor of the county in which the housing project is located may mail a form for the renewal of the exemption to the owner of the housing project each year following a year in which the exemption was allowed for that project.
κ2023 Statutes of Nevada, Page 1467 (CHAPTER 232, AB 62)κ
[4.] 5. A renewal form returned to a county assessor must indicate the total number of units in the housing project and the number of units used for housing and related facilities for persons with low incomes. If the owner of a housing project fails to provide a properly completed renewal form to the county assessor of the county in which the project is located by the date required in NRS 361.155, except as otherwise provided in subsection 6 of that section, or fails to qualify for the exemption described in subsection 1, the owner is not entitled to the exemption in the following fiscal year.
[5.] 6. As used in this section, the terms low-income unit and qualified low-income housing project have the meanings ascribed to them in 26 U.S.C. § 42.
Sec. 2. NRS 361.086 is hereby amended to read as follows:
361.086 [All]
1. That portion of real property and tangible personal property which is used exclusively for housing and related facilities for very low-income elderly persons or very low-income persons with disabilities [are] is exempt from taxation if [:
1. The property was] the portion of property:
(a) Was wholly or partially financed by a [loan] capital advance under section 202 of the Housing Act of 1959, as amended, 12 U.S.C. § 1701q [;] , or section 811 of the CranstonGonzalez National Affordable Housing Act, as amended, 42 U.S.C. § 8013; and
[2.] (b) The property is owned or operated:
[(a)] (1) By a nonprofit corporation organized under the laws of the State of Nevada; or
[(b)] (2) By a nonprofit corporation organized under the laws of another state and qualified to do business as a nonprofit corporation under the laws of the State of Nevada.
2. The portion of a housing project that is entitled to the property tax exemption pursuant to subsection 1 must be determined by dividing the total assessed value of the housing project and the land upon which it is situated into the assessed value of the units and related facilities that are occupied by or used exclusively for very low-income elderly persons or very low-income persons with disabilities.
3. As used in this section:
(a) Elderly person has the meaning ascribed to it in 12 U.S.C. § 1701q.
(b) Person with disabilities has the meaning ascribed to it in 42 U.S.C. § 8013.
(c) Very low-income has the meaning ascribed to the term very low-income families in 42 U.S.C. § 1437a.
Sec. 3. The Legislature hereby finds that each exemption provided by this act from any ad valorem tax on property:
1. Will achieve a bona fide social or economic purpose and that the benefits of the exemption are expected to exceed any adverse effect of the exemption on the provision of services to the public by the State or a local government that would otherwise receive revenue from the tax from which the exemption would be granted; and
2. Will not impair adversely the ability of the State or a local government to pay, when due, all interest and principal on any outstanding bonds or any other obligations for which revenue from the tax from which the exemption would be granted was pledged.
κ2023 Statutes of Nevada, Page 1468 (CHAPTER 232, AB 62)κ
Sec. 4. The amendatory provisions of this act apply only to housing and related facilities that are approved on or after July 1, 2023, to receive financing pursuant to an applicable provision of law described in NRS 361.082, as amended by section 1 of this act, or NRS 361.086, as amended by section 2 of this act.
Sec. 5. This act becomes effective on July 1, 2023.
________
Senate Bill No. 346Senator Spearman
CHAPTER 233
[Approved: June 9, 2023]
AN ACT relating to motor vehicles; authorizing certain acts and transactions to be conducted through an electronic branch office established by the Department of Motor Vehicles; revising requirements relating to certificates of registration and certificates of title of a vehicle; eliminating certain limitations on the persons authorized to participate in a program established by the Department for the electronic submission and storage of documents; requiring the Department to design, prepare and issue special license plates for all vehicles that are wholly powered by an electric motor and reducing the fees for those special license plates; authorizing the use of electronic signatures and stamps for recording certain information for certain transactions; prohibiting a person from driving an autocycle upon a highway unless that person holds a drivers license; exempting the driver and passengers of an autocycle from the requirement to wear protective headgear; revising requirements for a person to be appointed to issue salvage titles on behalf of the Department; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Department of Motor Vehicles to establish an electronic branch office consisting of an Internet website or software application through which documentation may be submitted and certain transactions may be conducted through electronic means. (NRS 481.055) Section 1 of this bill sets forth certain specific acts which may be conducted through such an electronic branch office.
Existing law requires that if the Department establishes a program for the electronic submission and storage of documents, the Department allow only certain institutions and persons to apply for and participate in the program. (NRS 482.293) Existing law also authorizes the Department to waive the requirement of any required signature of a natural person on a document submitted by electronic means for those institutions and persons who comply with all of the requirements of the program. (NRS 482.294) Section 3 of this bill eliminates the limitations on persons who may participate in the program, thereby authorizing applications and participation by all persons. Section 4 of this bill eliminates references to the limited institutions and persons whose signatures may be waived for documents submitted electronically, providing for such waiver for any participant who complies with all requirements of the program.
κ2023 Statutes of Nevada, Page 1469 (CHAPTER 233, SB 346)κ
Existing law requires: (1) certain information to be contained on the face of a certificate of registration of a vehicle; and (2) certain information and forms to be contained on the face or reverse, as applicable, of a certificate of title of a vehicle. (NRS 482.245) Section 2 of this bill eliminates the requirements that such information and forms be contained specifically on the face or reverse of the applicable documents.
Existing law requires, upon a transfer of the title to, or interest of an owner in, a vehicle, the person whose title or interest is to be transferred and the transferee to write their signatures with pen and ink, along with other information, upon the reverse side of the certificate of title. Existing law also exempts a wholesale vehicle auctioneer from this requirement if he or she stamps certain information on the certificate of title and certain other documents relating to the sale and transfer of the vehicle. (NRS 482.400) Section 5 of this bill: (1) eliminates the requirement of the use of pen and ink and the specification to write on the reverse side of the certificate, thereby authorizing electronic signatures; and (2) authorizes a wholesale vehicle auctioneer to stamp electronically the information required by these provisions.
Sections 1.2 and 5.1 of this bill define the term autocycle. Sections 1.6 and 5.5 of this bill amend the definition of the term motorcycle to exclude autocycles. Sections 1.4 and 5.3 of this bill make conforming changes to indicate the proper placement of sections 1.2 and 5.1 in the Nevada Revised Statutes.
Section 5.7 of this bill prohibits, with certain exceptions, a person from driving an autocycle upon a highway unless that person holds a drivers license.
Existing law requires the driver and passengers of certain vehicles to wear protective headgear and certain other protective devices when those vehicles are being driven on a highway. (NRS 486.231) Section 5.9 of this bill provides that, when an autocycle is being driven on a highway, the driver and passengers are not required to wear protective headgear.
Existing law: (1) requires the Department to design, prepare and issue special license plates for passenger cars and light commercial vehicles that are wholly powered by an electric motor; and (2) establishes the fees for those special license plates and their renewal. (NRS 482.3797) Section 4.5 of this bill: (1) requires the Department to design, prepare and issue special license plates for all vehicles that are wholly powered by an electric motor; and (2) reduces the fees for those special license plates and their renewal.
Existing law authorizes the Department to appoint by contract any person as an agent of the Department to issue salvage titles and establishes certain requirements for the Department and proposed agent to enter into such an arrangement. (NRS 487.815) Section 5.93 of this bill defines such a person as a salvage title agent. Section 5.97 of this bill revises the requirements imposed on the Department and the proposed agent. Section 5.95 of this bill makes a conforming change to indicate the proper placement of section 5.93 in the Nevada Revised Statutes.
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 481.055 is hereby amended to read as follows:
481.055 1. The Department shall keep its main office at Carson City, Nevada, in rooms provided by the Buildings and Grounds Section of the State Public Works Division of the Department of Administration.
2. The Department may maintain such branch offices throughout the State as the Director may deem necessary to the efficient operation of the Department and the various divisions thereof in space provided by the Buildings and Grounds Section.
κ2023 Statutes of Nevada, Page 1470 (CHAPTER 233, SB 346)κ
Buildings and Grounds Section. Any leases or agreements entered into pursuant to this subsection must be executed in accordance with the provisions of NRS 331.110.
3. The Department may establish an electronic branch office consisting of an Internet website or software application through which, notwithstanding any specific statute to the contrary, a person may submit forms, applications and other documentation and the Department may conduct transactions that have been designated by the Director as suitable to be conducted through electronic means [.] , including, without limitation:
(a) The electronic transmission, recording and issuance of certificates of title, certificates of registration and information relating to those certificates.
(b) The electronic transmission and recording of applications for drivers licenses.
(c) The recording and electronic transmission between the Department, other states and law enforcement of information relating to citations and crashes, collisions, accidents and other casualties.
(d) The acceptance of electronic signatures.
(e) The collection and exchange of applications for licenses and other information from persons who are licensed as or seeking to be licensed as:
(1) Brokers;
(2) Dealers;
(3) Distributors;
(4) Lessors;
(5) Manufacturers;
(6) Rebuilders;
(7) Salespersons; and
(8) Vehicle transporters.
(f) The issuance of registration credentials pursuant to NRS 482.217.
4. The Department shall not conduct a transaction through the electronic branch office which state or federal law specifically requires to be conducted in person or accept documentation through the electronic branch office which state or federal law specifically requires to be presented in original form.
Sec. 1.2. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:
Autocycle means a three-wheeled motor vehicle that:
1. Is designed with two front wheels and one rear wheel;
2. Is equipped with a steering wheel or handlebars;
3. Is equipped with safety belts for the driver and each passenger;
4. Uses foot pedals to control the braking and acceleration of the vehicle;
5. Does not require the operator or passengers to straddle or sit astride the vehicle; and
6. Has been manufactured to meet the federal safety requirements for a motorcycle.
Sec. 1.4. NRS 482.010 is hereby amended to read as follows:
482.010 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 482.0105 to 482.137, inclusive, and section 1.2 of this act have the meanings ascribed to them in those sections.
κ2023 Statutes of Nevada, Page 1471 (CHAPTER 233, SB 346)κ
Sec. 1.6. NRS 482.070 is hereby amended to read as follows:
482.070 Motorcycle means every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any such vehicle as may be included within the term electric bicycle, electric scooter, tractor or moped as defined in this chapter. The term does not include an autocycle.
Sec. 2. NRS 482.245 is hereby amended to read as follows:
482.245 1. The certificate of registration must contain [upon the face thereof] the date issued, the registration number assigned to the vehicle, the name and address of the registered owner, the county where the vehicle is to be based unless it is deemed to have no base, a description of the registered vehicle and such other statement of facts as may be determined by the Department.
2. The certificate of title must contain [upon the face thereof] the date issued, the name and address of the registered owner and the owner or lienholder, if any, a description of the vehicle, any entries required by NRS 482.423 to 482.428, inclusive, a reading of the vehicles odometer as provided to the Department by the person making the sale or transfer, the word rebuilt if it is a rebuilt vehicle, the information required pursuant to subsection 4 of NRS 482.247 if the certificate of title is a certificate of title in beneficiary form pursuant to NRS 482.247 and such other statement of facts as may be determined by the Department. The [reverse side of the] certificate of title must also contain forms for notice to the Department of a transfer of the title or interest of the owner or lienholder and application for registration by the transferee. If a new certificate of title is issued for a vehicle, it must contain the same information as the replaced certificate, except to the extent that the information has changed after the issuance of the replaced certificate. Except as otherwise required by federal law, the certificate of title of a vehicle which the Department knows to have been stolen must not contain any statement or other indication that the mileage specified in the certificate or registered on the odometer is anything other than the actual mileage traveled by the vehicle, in the absence of proof that the odometer of the vehicle has been disconnected, reset or altered.
Sec. 3. NRS 482.293 is hereby amended to read as follows:
482.293 1. The Department may establish a program for the electronic submission and storage of documents.
2. If the Department establishes a program pursuant to subsection 1:
(a) An electronic submission or storage of documents that is carried out pursuant to the program with respect to a particular transaction is not valid unless all original documents required for the transaction pursuant to:
(1) The provisions of 49 U.S.C. §§ 32701 et seq.; and
(2) The provisions of any regulations adopted pursuant thereto,
Κ have been executed and submitted to the Department.
(b) [The Department shall allow only the following persons to apply for participation in the program:
(1) Financial institutions, new vehicle dealers and used vehicle dealers, for the purpose of submitting documents by electronic means to the Department on behalf of their customers.
(2) Owners of fleets composed of 10 or more vehicles.
(c)] The Department shall adopt regulations to carry out the program.
3. The regulations required to be adopted pursuant to paragraph [(c)] (b) of subsection 2 must include, without limitation:
κ2023 Statutes of Nevada, Page 1472 (CHAPTER 233, SB 346)κ
(a) The type of electronic transmission that the Department will accept for the program.
(b) The process for submission of an application by a person who desires to participate in the program and the fee, if any, that must accompany the application for participation.
(c) The criteria that will be applied by the Department in determining whether to approve an application to participate in the program.
(d) The standards for ensuring the security and integrity of the process for issuance and renewal of a certificate of registration and a certificate of title, including, without limitation, the procedure for a financial and performance audit of the program.
(e) The terms and conditions for participation in the program and any restrictions on the participation.
(f) The contents of a written agreement that must be on file with the Department before a participant may submit a document by electronic means to the Department. Such written agreement must include, without limitation:
(1) An assurance that each document submitted by electronic means contains all the information that is necessary to complete the transaction for which the document is submitted;
(2) Certification that all the information contained in each document that is submitted by electronic means is truthful and accurate;
(3) An assurance that the participant who submits a document by electronic means will maintain all information and records that are necessary to support the document; and
(4) The signature of the participant who files the written agreement with the Department.
(g) The conditions under which the Department may revoke the approval of a person to participate in the program, including, without limitation, failure to comply with this section and NRS 482.294 and the regulations adopted pursuant thereto.
(h) The method by which the Department will store documents that are submitted to it by electronic means.
(i) The required technology that is necessary to carry out the program.
(j) Any other regulations that the Department determines necessary to carry out the program.
(k) Procedures to ensure compliance with:
(1) The provisions of 49 U.S.C. §§ 32701 et seq.; and
(2) The provisions of any regulations adopted pursuant thereto,
Κ to the extent that such provisions relate to the submission and retention of documents used for the transfer of the ownership of vehicles.
4. The Department may accept gifts and grants from any source, including, without limitation, donations of materials, equipment and labor, for the establishment and maintenance of a program pursuant to this section.
Sec. 4. NRS 482.294 is hereby amended to read as follows:
482.294 1. If the Department approves an application for a person to participate in a program established pursuant to NRS 482.293, that participant may submit, by electronic means, a document that is required to be submitted pursuant to this chapter for the issuance or renewal of a certificate of registration or a certificate of title.
2. If the signature of a natural person is required pursuant to this chapter on a document that is submitted by electronic means, the Department may waive that requirement [:
κ2023 Statutes of Nevada, Page 1473 (CHAPTER 233, SB 346)κ
(a) In the case of a participant who is a financial institution, new vehicle dealer or used vehicle dealer, if the participant who submitted the document on behalf of that person complies with all requirements of this program.
(b) In the case of a participant who is an owner of a fleet composed of 10 or more vehicles,] if the participant complies with all requirements of this program.
3. Notwithstanding any other provision of law to the contrary, a document that is submitted by electronic means pursuant to subsection 1, if accepted by the Department, shall be deemed an original document in administrative proceedings, quasi-judicial proceedings and judicial proceedings.
Sec. 4.5. NRS 482.3797 is hereby amended to read as follows:
482.3797 1. The Department shall:
(a) Design, prepare and issue special license plates for [passenger cars and light commercial] vehicles that are wholly powered by an electric motor, using any colors and designs that the Department deems appropriate; and
(b) Issue the plates only to residents of Nevada for a [passenger car or light commercial] vehicle which is wholly powered by an electric motor.
2. The Department may issue special license plates pursuant to subsection 1 upon application by any person who:
(a) Is entitled to license plates pursuant to NRS 482.265;
(b) Submits proof satisfactory to the Department that the vehicle for which the special license plates are intended meets the requirements of subsection 1; and
(c) Otherwise complies with the requirements for registration and licensing pursuant to this chapter.
3. The fee for the issuance of special license plates is [$125,] $90, in addition to the registration fees set forth in NRS 482.480 and 482.482, as applicable , and governmental services taxes. The special license plates are renewable upon the payment of [$80.] $46.
4. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with special license plates issued pursuant to this section if that person pays the fees for the personalized prestige license plates in addition to the fees for the special license plates pursuant to subsection 3.
5. The Department, after deducting the costs of all applicable registration, license and license plate fees, shall deposit the fees collected pursuant to subsection 3 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection in the State Highway Fund.
6. If, during a registration period, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall retain the plates and:
(a) Affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedures set forth for other transfers; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
Sec. 5. NRS 482.400 is hereby amended to read as follows:
482.400 1. Except as otherwise provided in this subsection and subsections 3, 6 and 7, and NRS 482.247, upon a transfer of the title to, or the interest of an owner in, a vehicle registered or issued a certificate of title under the provisions of this chapter, the person or persons whose title or interest is to be transferred and the transferee shall [write their signatures with pen and ink upon] sign in writing or electronically the certificate of title issued for the vehicle, together with the residence address of the transferee, in the appropriate spaces provided upon [the reverse side of] the certificate.
κ2023 Statutes of Nevada, Page 1474 (CHAPTER 233, SB 346)κ
under the provisions of this chapter, the person or persons whose title or interest is to be transferred and the transferee shall [write their signatures with pen and ink upon] sign in writing or electronically the certificate of title issued for the vehicle, together with the residence address of the transferee, in the appropriate spaces provided upon [the reverse side of] the certificate. The Department may, by regulation, prescribe alternative methods by which a signature may be affixed upon a manufacturers certificate of origin or a manufacturers statement of origin issued for a vehicle. The alternative methods must ensure the authenticity of the signatures.
2. Within 5 days after the transfer of the title to, or the interest of an owner in, a vehicle registered or issued a certificate of title under the provisions of this chapter, the person or persons whose title or interest is to be transferred may submit electronically to the Department a notice of the transfer. The Department may provide, by request and at the discretion of the Department, information submitted to the Department pursuant to this section to a tow car operator or other interested party. The Department shall adopt regulations establishing:
(a) Procedures for electronic submissions pursuant to this section; and
(b) Standards for determining who may receive information from the Department pursuant to this section.
3. The Department shall provide a form for use by a dealer for the transfer of ownership of a vehicle. The form must be produced in a manner which ensures that the form may not be easily counterfeited. Upon the attachment of the form to a certificate of title issued for a vehicle, the form becomes a part of that certificate of title. The Department may charge a fee not to exceed the cost to provide the form.
4. Except as otherwise provided in subsections 5, 6 and 7, the transferee shall immediately apply for registration as provided in NRS 482.215 and shall pay the governmental services taxes due.
5. If the transferee is a dealer who intends to resell the vehicle, the transferee is not required to register, pay a transfer or registration fee for, or pay a governmental services tax on the vehicle. When the vehicle is resold, the purchaser shall apply for registration as provided in NRS 482.215 and shall pay the governmental services taxes due.
6. If the transferee consigns the vehicle to a wholesale vehicle auctioneer:
(a) The transferee shall, within 30 days after that consignment, provide the wholesale vehicle auctioneer with the certificate of title for the vehicle, executed as required by subsection 1, and any other documents necessary to obtain another certificate of title for the vehicle.
(b) The wholesale vehicle auctioneer shall be deemed a transferee of the vehicle for the purposes of subsection 5. The wholesale vehicle auctioneer is not required to comply with subsection 1 if the wholesale vehicle auctioneer:
(1) Does not take an ownership interest in the vehicle;
(2) Auctions the vehicle to a vehicle dealer or automobile wrecker who is licensed as such in this or any other state; and
(3) Stamps his or her name, his or her identification number as a vehicle dealer and the date of the auction on the certificate of title and the bill of sale and any other documents of transfer for the vehicle. The wholesale vehicle auctioneer may stamp electronically the information which is required to be stamped on any document pursuant to this subparagraph.
κ2023 Statutes of Nevada, Page 1475 (CHAPTER 233, SB 346)κ
7. A charitable organization which intends to sell a vehicle which has been donated to the organization must deliver immediately to the Department or its agent the certificate of registration and the license plate or plates for the vehicle, if the license plate or plates have not been removed from the vehicle. The charitable organization must not be required to register, pay a transfer or registration fee for, or pay a governmental services tax on the vehicle. When the vehicle is sold by the charitable organization, the purchaser shall apply for registration as provided in NRS 482.215 and pay the governmental services taxes due.
8. As used in this section, wholesale vehicle auctioneer means a dealer who:
(a) Is engaged in the business of auctioning consigned motor vehicles to vehicle dealers or automobile wreckers, or both, who are licensed as such in this or any other state; and
(b) Does not in the ordinary course of business buy, sell or own the vehicles he or she auctions.
Sec. 5.1. Chapter 486 of NRS is hereby amended by adding thereto a new section to read as follows:
Autocycle means a three-wheeled motor vehicle that:
1. Is designed with two front wheels and one rear wheel;
2. Is equipped with a steering wheel or handlebars;
3. Is equipped with safety belts for the driver and each passenger;
4. Uses foot pedals to control the braking and acceleration of the vehicle;
5. Does not require the operator or passengers to straddle or sit astride the vehicle; and
6. Has been manufactured to meet the federal safety requirements for a motorcycle.
Sec. 5.3. NRS 486.011 is hereby amended to read as follows:
486.011 As used in NRS 486.011 to 486.381, inclusive, and section 5.1 of this act, unless the context otherwise requires, the words and terms defined in NRS 486.031 to 486.057, inclusive, and section 5.1 of this act have the meanings ascribed to them in those sections.
Sec. 5.5. NRS 486.041 is hereby amended to read as follows:
486.041 Motorcycle means every motor vehicle equipped with a seat or a saddle for the use of the driver and designed to travel on not more than three wheels in contact with the ground, excluding an electric bicycle as defined in NRS 484B.017, an electric scooter as defined in NRS 482.0295, a tractor , an autocycle and a moped.
Sec. 5.7. NRS 486.061 is hereby amended to read as follows:
486.061 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 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. 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.
κ2023 Statutes of Nevada, Page 1476 (CHAPTER 233, SB 346)κ
3. An autocycle upon a highway unless that person holds a drivers license issued pursuant to chapter 483 of NRS.
Sec. 5.9. NRS 486.231 is hereby amended to read as follows:
486.231 1. The Department shall adopt standards for protective headgear and protective glasses, goggles or face shields to be worn by the drivers and passengers of motorcycles and transparent windscreens for motorcycles.
2. Except as otherwise provided in this section, when any motorcycle or moped is being driven on a highway, the driver and passenger shall wear protective headgear securely fastened on the head and protective glasses, goggles or face shields meeting those standards.
3. When a motorcycle or a moped is equipped with a transparent windscreen meeting those standards, the driver and passenger are not required to wear glasses, goggles or face shields.
4. When a motorcycle or moped is being driven in a parade authorized by a local authority, the driver and passenger are not required to wear the protective devices provided for in this section.
5. When a three-wheel vehicle, except a trimobile, on which the driver and passengers ride within an enclosed cab is being driven on a highway, the driver and passengers are not required to wear the protective devices required by this section.
6. When an autocycle is being driven on a highway, the driver and passengers are not required to wear protective headgear.
Sec. 5.93. Chapter 487 of NRS is hereby amended by adding thereto a new section to read as follows:
Salvage title agent means a person who enters into a contract with, and is appointed and authorized by, the Department to issue salvage titles pursuant to the provisions of NRS 487.810 and 487.815.
Sec. 5.95. NRS 487.710 is hereby amended to read as follows:
487.710 As used in NRS 487.710 to 487.890, inclusive, and section 5.93 of this act, unless the context otherwise requires, the words and terms defined in NRS 487.720 to 487.790, inclusive, and section 5.93 of this act have the meanings ascribed to them in those sections.
Sec. 5.97. NRS 487.815 is hereby amended to read as follows:
487.815 1. The Department may by contract appoint any person as [an] a salvage title agent of the Department to issue those salvage titles which the Department is authorized to issue pursuant to NRS 487.810. [An] A salvage title agent appointed pursuant to this section shall charge and collect the fee required by NRS 487.810 for the issuance of a salvage title and remit it to the Department. Fees remitted to the Department pursuant to this subsection must be deposited with the State Treasurer for credit to the Revolving Account for the Issuance of Salvage Titles created by NRS 487.825.
2. Before entering into a contract pursuant to subsection 1, [the Department must require:
(a) Each natural person who will be authorized to issue a salvage title on behalf of the proposed] an applicant for appointment as a salvage title agent [to:
(1)] must:
(a) File with the Department, on a form prescribed by the Department, an application which contains, without limitation, his or her social security number.
κ2023 Statutes of Nevada, Page 1477 (CHAPTER 233, SB 346)κ
(b) Submit to the Department a complete set of his or her fingerprints and written permission authorizing the Department to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report . [; and
(2)] (c) Pay a fee for the processing of fingerprints. The Department shall establish by regulation the fee for processing fingerprints. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.
[(b) The proposed agent to procure]
(d) Procure and file with the Department a good and sufficient bond in an amount of not less than $50,000, with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the Attorney General, and conditioned upon the [proposed agent] applicant remitting to the Department the full amount of any fee he or she is required to collect pursuant to subsection 1. In lieu of a bond, the [proposed agent] applicant may deposit with the State Treasurer a like amount of lawful money of the United States.
3. The Department may, as the Director of the Department deems appropriate:
(a) Investigate the actions of [an] a salvage title agent appointed pursuant to subsection 1.
(b) Conduct audits of the salvage title agent at regular intervals.
(c) Inspect the premises of the salvage title agent during regular business hours to determine the salvage title agents compliance with the contract entered into pursuant to subsection 1. The Department may require the salvage title agent to pay to the Department an amount equal to the allowance provided for state officers and employees generally while traveling outside of the State for each day or fraction thereof during which an employee of the Department is engaged in any investigation or examination made at any premises of the salvage title agent located outside this State, plus any other actual expenses incurred by the employee while he or she is absent from his or her regular place of employment to conduct the investigation or examination outside this State.
Sec. 6. 1. This section becomes effective upon passage and approval.
2. Sections 1, 2, 3, 4, 5, 5.93, 5.95 and 5.97 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. Sections 1.2, 1.4, 1.6, 4.5 and 5.1 to 5.9, inclusive, of this act become effective on the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the provisions of those sections.
________
κ2023 Statutes of Nevada, Page 1478κ
Senate Bill No. 417Committee on Judiciary
CHAPTER 234
[Approved: June 9, 2023]
AN ACT relating to common-interest communities; revising provisions relating to the requirement that the executive board of a unit-owners association make certain records available for review at a designated location; authorizing the Commission for Common-Interest Communities and Condominium Hotels or a hearing panel to impose certain sanctions on a person who files certain affidavits with the Real Estate Division of the Department of Business and Industry; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits the executive board of a unit-owners association of a common-interest community from requiring a units owner to pay an amount in excess of $10 per hour to review any books, records, contracts or other papers of the association. (NRS 116.31175) Section 1 increases the maximum hourly amount the executive board may require a units owner to pay to review any books, records, contracts or other papers of the association to $25 per hour.
Existing law authorizes a person who is aggrieved by an alleged violation to file with the Real Estate Division of the Department of Business and Industry a written affidavit which includes certain information. Existing law authorizes the Commission for Common-Interest Communities and Condominium Hotels or a hearing panel to impose an administrative fine of not more than $1,000 against any person who knowingly files a false or fraudulent affidavit with the Division. (NRS 116.760) Section 4 of this bill: (1) increases the maximum amount of the administrative fine to not more than $10,000; and (2) additionally authorizes the Commission or hearing panel to impose sanctions that disqualify a person from serving as a member of the executive board for a period of not more than 10 years against any person who knowingly files a false or fraudulent affidavit with the Division.
Section 4 also authorizes the Commission or a hearing panel to designate a person as a vexatious affiant if the Commission or hearing panel has imposed an administrative fine or sanctions against the person for knowingly filing a false or fraudulent affidavit with the Division on two or more occasions. Under section 4, if the Commission or a hearing panel has designated a person as a vexatious affiant, then: (1) the Commission or hearing panel is required to transmit a copy of the order designating the person as a vexatious affiant to the Division; and (2) the Division shall not thereafter accept an affidavit filed by the person unless the person first submits a copy of the affidavit to the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels and, after reviewing the affidavit, the Ombudsman grants leave for the person to file the affidavit with the Division.
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 116.31175 is hereby amended to read as follows:
116.31175 1. Except as otherwise provided in subsection 4, the executive board of an association shall, upon the written request of a units owner, make available the books, records and other papers of the association for review at the business office of the association or a designated business location not to exceed 60 miles from the physical location of the common-interest community and during the regular working hours of the association, including, without limitation:
κ2023 Statutes of Nevada, Page 1479 (CHAPTER 234, SB 417)κ
location not to exceed 60 miles from the physical location of the common-interest community and during the regular working hours of the association, including, without limitation:
(a) The financial statement of the association;
(b) The budgets of the association required to be prepared pursuant to NRS 116.31151;
(c) The study of the reserves of the association required to be conducted pursuant to NRS 116.31152; and
(d) All contracts to which the association is a party and all records filed with a court relating to a civil or criminal action to which the association is a party.
2. The executive board shall provide a copy of any of the records described in paragraphs (a), (b) and (c) of subsection 1 to a units owner or the Ombudsman within 21 days after receiving a written request therefor. Such records must be provided in electronic format at no charge to the units owner or, if the association is unable to provide the records in electronic format, the executive board may charge a fee to cover the actual costs of preparing a copy, but the fee may not exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter.
3. If the executive board fails to provide a copy of any of the records pursuant to subsection 2 within 21 days, the executive board must pay a penalty of $25 for each day the executive board fails to provide the records.
4. The provisions of subsection 1 do not apply to:
(a) The personnel records of the employees of the association, except for those records relating to the number of hours worked and the salaries and benefits of those employees;
(b) The records of the association relating to another units owner, including, without limitation, any architectural plan or specification submitted by a units owner to the association during an approval process required by the governing documents, except for those records described in subsection 5; and
(c) Any document, including, without limitation, minutes of an executive board meeting, a reserve study and a budget, if the document:
(1) Is in the process of being developed for final consideration by the executive board; and
(2) Has not been placed on an agenda for final approval by the executive board.
5. The executive board of an association shall maintain a general record concerning each violation of the governing documents, other than a violation involving a failure to pay an assessment, for which the executive board has imposed a fine, a construction penalty or any other sanction. The general record:
(a) Must contain a general description of the nature of the violation and the type of the sanction imposed. If the sanction imposed was a fine or construction penalty, the general record must specify the amount of the fine or construction penalty.
(b) Must not contain the name or address of the person against whom the sanction was imposed or any other personal information which may be used to identify the person or the location of the unit, if any, that is associated with the violation.
(c) Must be maintained in an organized and convenient filing system or data system that allows a units owner to search and review the general records concerning violations of the governing documents.
κ2023 Statutes of Nevada, Page 1480 (CHAPTER 234, SB 417)κ
6. If the executive board refuses to allow a units owner to review the books, records or other papers of the association, the Ombudsman may:
(a) On behalf of the units owner and upon written request, review the books, records or other papers of the association during the regular working hours of the association; and
(b) If the Ombudsman is denied access to the books, records or other papers, request the Commission, or any member thereof acting on behalf of the Commission, to issue a subpoena for their production.
7. The books, records and other papers of an association must be maintained for at least 10 years. The provisions of this subsection do not apply to:
(a) The minutes of a meeting of the units owners which must be maintained in accordance with NRS 116.3108; or
(b) The minutes of a meeting of the executive board which must be maintained in accordance with NRS 116.31083.
8. The executive board shall not require a units owner to pay an amount in excess of [$10] $25 per hour to review any books, records, contracts or other papers of the association pursuant to the provisions of subsection 1.
Secs. 2, 2.5 and 3. (Deleted by amendment.)
Sec. 4. NRS 116.760 is hereby amended to read as follows:
116.760 1. Except as otherwise provided in this section, a person who is aggrieved by an alleged violation may, not later than 1 year after the person discovers or reasonably should have discovered the alleged violation, file with the Division a written affidavit that sets forth the facts constituting the alleged violation. The affidavit may allege any actual damages suffered by the aggrieved person as a result of the alleged violation.
2. An aggrieved person may not file such an affidavit unless the aggrieved person has provided the respondent by certified mail, return receipt requested, with written notice of the alleged violation set forth in the affidavit. The notice must:
(a) Be mailed to the respondents last known address.
(b) Specify, in reasonable detail, the alleged violation, any actual damages suffered by the aggrieved person as a result of the alleged violation, and any corrective action proposed by the aggrieved person.
3. A written affidavit filed with the Division pursuant to this section must be:
(a) On a form prescribed by the Division.
(b) Accompanied by evidence that:
(1) The respondent has been given a reasonable opportunity after receiving the written notice to correct the alleged violation; and
(2) Reasonable efforts to resolve the alleged violation have failed.
4. The Commission or a hearing panel may impose [an] either or both of the following:
(a) An administrative fine of not more than [$1,000 against] $10,000; or
(b) Sanctions disqualifying a person from serving as a member of the executive board for a period of not more than 10 years,
Κ against any person who knowingly files a false or fraudulent affidavit with the Division.
5. The Commission or a hearing panel may designate a person as a vexatious affiant if the Commission or a hearing panel has imposed an administrative fine or sanctions against the person pursuant to subsection 4 for knowingly filing a false or fraudulent affidavit with the Division on two or more occasions.
κ2023 Statutes of Nevada, Page 1481 (CHAPTER 234, SB 417)κ
two or more occasions. If the Commission or a hearing panel has designated a person as a vexatious affiant pursuant to this subsection, the Commission or hearing panel shall transmit a copy of the order designating the person as a vexatious affiant to the Division and the Division shall not thereafter accept an affidavit filed by the person unless:
(a) The person first submits a copy of the affidavit to the Ombudsman; and
(b) After reviewing the affidavit, the Ombudsman grants leave for the person to file the affidavit with the Division.
Sec. 5. (Deleted by amendment.)
________
Senate Bill No. 237Committee on Health and Human Services
CHAPTER 235
[Approved: June 9, 2023]
AN ACT relating to behavioral health; revising provisions governing the imposition of a surcharge on certain communications services to support a suicide prevention and behavioral health crisis hotline; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing federal law authorizes a state to impose a fee or charge on a commercial mobile communication service or an IP-enabled voice service to fund the operations of a suicide prevention and mental health crisis hotline established pursuant to the National Suicide Prevention Lifeline program. (47 U.S.C. § 251a) Existing state law requires the State Board of Health to adopt regulations to impose a surcharge of not more than 35 cents per line on certain mobile communication services, IP-enabled voice services and landline telephone services. Existing state law requires telecommunications companies and providers who provide such services to collect the surcharge from customers and transfer the surcharge to the Division of Public and Behavioral Health of the Department of Health and Human Services. Existing state law requires the Division to: (1) deposit the proceeds from the surcharge into the Crisis Response Account; (2) administer the Account; and (3) use the money in the Account to support the operation of a suicide prevention and mental health crisis hotline and the services provided to persons who access the hotline. (NRS 433.708) Existing state law requires the Division to support the implementation of that hotline through various activities. (NRS 433.704) Section 1 of this bill adds a requirement for the Division to support the implementation of that hotline by supporting the provision of crisis stabilization services provided at hospitals that hold endorsements as crisis stabilization centers pursuant to existing law. (NRS 449.0915) Section 1.5 of this bill removes the requirement that the Board adopt regulations establishing the amount of the surcharge and instead establishes that amount at 35 cents per line. Section 1.5 also: (1) revises the definitions of certain terms that apply to the surcharge; and (2) requires the telecommunications companies and providers that collect the surcharge to report annually to the Division the average number of lines that were subject to the surcharge for each month of the preceding year. Section 4 of this bill declares any regulations adopted by the Board relating to the surcharge before the effective date of this bill to be void. Section 4.5 of this bill requires telecommunications companies and providers that collect the surcharge to report to the Division on or before July 1, 2023, the average number of lines that met the requirements to be subject to the surcharge for each month of the 2022 calendar year.
κ2023 Statutes of Nevada, Page 1482 (CHAPTER 235, SB 237)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 433.704 is hereby amended to read as follows:
433.704 1. The Division shall support the implementation of a hotline for persons who are considering suicide or otherwise in a behavioral health crisis that may be accessed by dialing the digits 9-8-8 by:
(a) Establishing at least one support center that meets the requirements of NRS 433.706 to answer calls to the hotline and coordinate the response to persons who access the hotline;
(b) Encouraging the establishment of and, to the extent that money is available, establishing mobile crisis teams to provide community-based intervention, including, without limitation, de-escalation and stabilization, for persons who are considering suicide or otherwise in a behavioral health crisis and access the hotline;
(c) Participating in any collection of information by the Federal Government concerning the National Suicide Prevention Lifeline program;
(d) Collaborating with the National Suicide Prevention Lifeline program and the Veterans Crisis Line program established pursuant to 38 U.S.C. § 1720F(h) to ensure consistent messaging to the public about the hotline; [and]
(e) Supporting the provision of crisis stabilization services at hospitals that hold endorsements as crisis stabilization centers pursuant to NRS 449.0915; and
(f) Adopting any regulations necessary to carry out the provisions of NRS 433.702 to 433.710, inclusive, including, without limitation:
(1) Regulations establishing the qualifications of providers of services who are involved in responding to persons who are considering suicide or are otherwise in a behavioral health crisis and access the hotline;
(2) Any regulations necessary to allow for communication and sharing of information between persons and entities involved in responding to crises and emergencies in this State to facilitate the coordination of care for persons who are considering suicide or are otherwise in a behavioral health crisis and access the hotline; and
(3) Regulations defining the term person professionally qualified in the field of behavioral health for the purposes of this section.
2. A mobile crisis team established pursuant to paragraph (b) of subsection 1 must be:
(a) A team based in the jurisdiction that it serves which includes persons professionally qualified in the field of behavioral health and providers of peer recovery support services;
(b) A team established by a provider of emergency medical services that includes persons professionally qualified in the field of behavioral health and providers of peer recovery support services; or
(c) A team established by a law enforcement agency that includes law enforcement officers, persons professionally qualified in the field of psychiatric mental health and providers of peer recovery support services.
κ2023 Statutes of Nevada, Page 1483 (CHAPTER 235, SB 237)κ
3. A telecommunications provider and its employees, agents, subcontractors and suppliers are not liable for damages that directly or indirectly result from the installation, maintenance or provision of service in relation to the hotline implemented pursuant to this section, including, without limitation, the total or partial failure of any transmission to a support center, unless willful conduct or gross negligence is proven.
4. As used in this section, peer recovery support services means nonclinical supportive services that use lived experience in recovery from a substance use disorder or other behavioral health disorder to promote recovery in another person with a substance use disorder or other behavioral health disorder by advocating, mentoring, educating, offering hope and providing assistance in navigating systems.
Sec. 1.5. NRS 433.708 is hereby amended to read as follows:
433.708 1. The State Board of Health shall [adopt regulations to] impose a surcharge of 35 cents for each line on [each] :
(a) Each access line of each customer of a company that provides commercial mobile communication services or IP-enabled voice services in this State in accordance with 47 U.S.C. § 251a ; and [each]
(b) Each access line or trunk line of each customer to the local exchange of any telecommunications provider providing those lines in this State. [Those]
2. The companies and providers described in subsection 1 shall [collect] :
(a) Collect the surcharge described in subsection 1 from their customers ; and [transfer]
(b) Transfer the money collected to the Division [pursuant to regulations adopted by the State Board of Health. The amount of the surcharge must be sufficient to support the uses set forth in subsection 2, except that the amount of the surcharge must not exceed 35 cents for each access line or trunk line.
2.] on or before the last day of the month immediately following the month to which the surcharge applies.
3. The Crisis Response Account is hereby created in the State General Fund. Any money collected from the surcharge imposed pursuant to subsection 1 must be deposited in the State Treasury for credit to the Account. The Division shall administer the Account. The money in the Account:
(a) Must be used by the Division to carry out the provisions of NRS 433.702 to 433.710, inclusive, to the extent authorized by 47 U.S.C. § 251a; and
(b) Must not be used to supplant existing methods of funding that are available for those purposes.
[3.] 4. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.
[4.] 5. Any money remaining in the Account at the end of each fiscal year does not revert to the State General Fund but must be carried over into the next fiscal year.
[5.] 6. The Division may accept gifts, grants and donations for the purpose of carrying out the provisions of NRS 433.702 to 433.710, inclusive.
7. On or before April 1 of each year, the companies and providers described in subsection 1 shall report to the Division the average number of access lines and trunk lines in service which were subject to the surcharge imposed pursuant to subsection 1 for each calendar month of the immediately preceding year.
κ2023 Statutes of Nevada, Page 1484 (CHAPTER 235, SB 237)κ
surcharge imposed pursuant to subsection 1 for each calendar month of the immediately preceding year. Such information shall be deemed proprietary information regarding a trade secret which is subject to the provisions of NRS 333.333.
8. As used in this section:
(a) Access line means any voice connection between a customer and a carrier that provides the customer with access to telecommunication in this State and allows a customer to access the hotline described in NRS 433.704 by dialing the digits 9-8-8.
(b) Commercial mobile communication service means commercial mobile service, as that term is defined in 47 U.S.C. § 251a, which is provided to a customer within this State as determined by the place of primary use, as that term is defined in 4 U.S.C. § 124.
(c) IP-enabled voice service has the meaning ascribed to it in 47 U.S.C. § 251a.
(d) Trunk line means a line which provides a channel between a switchboard owned by a customer of a telecommunications provider and the local exchange of the telecommunications provider.
Secs. 2 and 3. (Deleted by amendment.)
Sec. 4. Any regulations adopted by the State Board of Health pursuant to NRS 433.708, as that section existed before the effective date of section 1.5 of this act, are void. The Legislative Counsel shall remove those regulations from the Nevada Administrative Code as soon as practicable after the effective date of this section.
Sec. 4.5. 1. On or before July 1, 2023, the companies and providers described in subsection 1 of NRS 433.708, as amended by section 1.5 of this act, shall report to the Division of Public and Behavioral Health of the Department of Health and Human Services the average number of access lines and trunk lines described in subsection 1 of NRS 433.708, as amended by section 1.5 of this act, in service during each calendar month of the 2022 calendar year. Such information shall be deemed proprietary information regarding a trade secret which is subject to the provisions of NRS 333.333.
2. As used in this section:
(a) Access line has the meaning ascribed to it in NRS 433.708, as amended by section 1.5 of this act.
(b) Trunk line has the meaning ascribed to it in NRS 433.708, as amended by section 1.5 of this act.
Sec. 5. 1. This section and section 4.5 of this act become effective upon passage and approval.
2. Sections 1 to 4, inclusive, of this act become effective 30 days after passage and approval.
________
κ2023 Statutes of Nevada, Page 1485κ
Senate Bill No. 232Senators Cannizzaro, Scheible, Flores, Lange, Donate; Daly, Dondero Loop, D. Harris, Neal, Nguyen, Ohrenschall, Pazina and Spearman
Joint Sponsor: Assemblywoman Gorelow
CHAPTER 236
[Approved: June 9, 2023]
AN ACT relating to Medicaid; requiring the State Plan for Medicaid to include coverage for postpartum care services for a certain period of time following a pregnancy; making appropriations to certain divisions of the Department of Health and Human Services; authorizing expenditures by certain divisions of the Department; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing state law requires the Director of the Department of Health and Human Services to develop and the Department to administer a State Plan for Medicaid, which includes a list of specific medical services required to be provided to Medicaid recipients. (NRS 422.063, 422.270) Existing federal law authorizes states to extend Medicaid coverage for postpartum care for a period of 12 months following the end of pregnancy. (American Rescue Plan Act of 2021, Pub. L. No. 117-2, § 9812) Section 1 of this bill requires the Director to include in the State Plan for Medicaid coverage for postpartum care services provided to a recipient for 12 months following the end of pregnancy. Section 2 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes.
Section 3 of this bill makes an appropriation to, and authorizes expenditure by, the Division of Welfare and Supportive Services of the Department for information technology changes related to the implementation of this bill. Section 4 of this bill makes an appropriation to, and authorizes expenditure by, the Division of Health Care Financing and Policy of the Department for the costs of providing Medicaid coverage for postpartum care services pursuant to this bill.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Director shall include in the State Plan for Medicaid a requirement that the State pay the nonfederal share of expenditures incurred for postpartum care services provided to a recipient of Medicaid for 12 months following the end of pregnancy.
2. As used in this section, postpartum care services means medical care that is consistent with current standards of care and provided to a person following the end of pregnancy, including, without limitation:
κ2023 Statutes of Nevada, Page 1486 (CHAPTER 236, SB 232)κ
(a) The development of a plan for postpartum care;
(b) Contact with the person after the end of pregnancy as needed by the person;
(c) A comprehensive postpartum visit, including, without limitation:
(1) Screening concerning the physical, social and psychological well-being of the person; and
(2) If necessary, a referral for a full assessment of the physical, social and psychological well-being of the person and any necessary treatment;
(d) Treatment of complications of pregnancy and childbirth, including, without limitation, pelvic floor disorders and postpartum depression, and any necessary referral for the evaluation and treatment of such complications;
(e) Screening for cardiovascular disease and, if necessary, a referral for a full assessment for cardiovascular disease and any necessary treatment; and
(f) Care related to the loss of a pregnancy.
Sec. 2. NRS 232.320 is hereby amended to read as follows:
232.320 1. The Director:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
(1) The Administrator of the Aging and Disability Services Division;
(2) The Administrator of the Division of Welfare and Supportive Services;
(3) The Administrator of the Division of Child and Family Services;
(4) The Administrator of the Division of Health Care Financing and Policy; and
(5) The Administrator of the Division of Public and Behavioral Health.
(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 1 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:
κ2023 Statutes of Nevada, Page 1487 (CHAPTER 236, SB 232)κ
(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. Notwithstanding any other provision of law, the Director, or the Directors designee, is responsible for appointing and removing subordinate officers and employees of the Department.
Sec. 3. 1. There is hereby appropriated from the State General Fund to the Division of Welfare and Supportive Services of the Department of Health and Human Services for information technology changes related to the implementation of this act the following sums:
For the Fiscal Year 2023-2024....................................................... $33,365
For the Fiscal Year 2024-2025....................................................... $33,365
2. Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized by the Division of Welfare and Supportive Services of the Department of Health and Human Services for the same purpose as set forth in subsection 1:
For the Fiscal Year 2023-2024.................................................... $300,285
For the Fiscal Year 2024-2025.................................................... $300,285
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.
κ2023 Statutes of Nevada, Page 1488 (CHAPTER 236, SB 232)κ
Sec. 4. 1. There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services for the costs of providing Medicaid coverage for postpartum care services pursuant to this act the following sums:
For the Fiscal Year 2023-2024.................................................... $472,956
For the Fiscal Year 2024-2025.................................................... $923,640
2. Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized by the Division of Health Care Financing and Policy of the Department of Health and Human Services for the same purpose as set forth in subsection 1:
For the Fiscal Year 2023-2024................................................. $4,256,603
For the Fiscal Year 2024-2025................................................. $8,312,768
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. 5. 1. This section becomes effective upon passage and approval.
2. Sections 3 and 4 of this act become effective on July 1, 2023.
3. Sections 1 and 2 of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2024, for all other purposes.
________
κ2023 Statutes of Nevada, Page 1489κ
Senate Bill No. 14Committee on Judiciary
CHAPTER 237
[Approved: June 9, 2023]
AN ACT relating to gaming; authorizing the Chair of the Nevada Gaming Control Board to administratively approve certain persons to temporarily engage in certain gaming activities or receive proceeds therefrom without procuring a state gaming license; revising the definition of gaming employee; revising provisions relating to delinquent debt owed to the Board that is determined to be impossible or impracticable to collect; revising provisions concerning the general powers and duties of the Board and the Nevada Gaming Commission; authorizing persons aggrieved by final decisions or orders of the Commission relating to disciplinary matters to obtain a judicial review of a decision or order in the district court in and for Carson City; providing that any person authorized to receive a share of the revenue from a slot machine operated on the premises of a gaming licensee is liable for his or her proportionate share of a license fee for the slot machines; including additional fees for which prepayment credit may be granted with regard to continuing operations; authorizing the Commission to adopt certain regulations defining the scope of the power and authority of the Board and Commission relating to hosting centers, interactive gaming service providers and service providers; exempting persons who accept employment or an independent contract with the Commission as a Commissioner appointed by the Governor from certain provisions of law governing the employment of retired public employees; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits, in general, a person from engaging in certain activities relating to gaming without procuring a state gaming license. (NRS 463.160, 463.162, 463.650) Section 1 of this bill authorizes the Chair of the Nevada Gaming Control Board, in the sole and absolute discretion of the Chair, to administratively approve certain persons associated with a holder of a license issued by the Nevada Gaming Commission who is deceased or who has been judicially declared to be disabled to temporarily engage in such activities or receive proceeds therefrom without procuring a state gaming license. Section 1 authorizes the Chair to condition or limit an administrative approval in any manner he or she deems necessary and appropriate. Section 1 further provides that a person who is administratively approved by the Chair to temporarily engage in certain gaming activities or receive proceeds therefrom without procuring a state gaming license is: (1) required to comply with the provisions of law and regulations governing gaming; and (2) subject to disciplinary action for any violation of such provisions. Sections 3, 4 and 9 of this bill make conforming changes by referring to such an exception for temporary administrative approval in the applicable provisions of law governing the gaming activities for which a state gaming license is otherwise required.
Existing law requires gaming employees to be registered with the Board and defines the term gaming employee. (NRS 463.0157, 463.335) Section 1.5 of this bill revises the definition of the term gaming employee to clarify which persons are required to be registered with the Board.
κ2023 Statutes of Nevada, Page 1490 (CHAPTER 237, SB 14)κ
Existing law requires, in general, state agencies to coordinate their debt collection efforts through the State Controller and assign debts to the State Controller for collection. (NRS 353C.195) If the State Controller determines that it is impossible or impractical to collect a debt, he or she is authorized to request that the State Board of Examiners designate the debt as a bad debt. (NRS 353C.220) Existing law requires the Nevada Gaming Control Board to: (1) prepare and furnish to the Commission an annual report that shows all debts owed to the Board that became or remained delinquent during the preceding year and includes the amount of any delinquent debt that the Board determines is impossible or impractical to collect; and (2) request that the State Board of Examiners designate any amount of delinquent debt determined to be impossible or impractical to collect as bad debt. (NRS 463.123) Section 2 of this bill authorizes the Nevada Gaming Control Board to designate as bad debt any amount of debt it assigned to the State Controller for collection that the Board determines is impossible or impractical to collect instead of having to request that the State Board of Examiners designate the debt as a bad debt. Section 2 also provides that if the State Controller determines that it is impossible or impractical to collect a debt assigned by the Board, he or she is required to request that the State Board of Examiners designate the debt as a bad debt. Section 11 of this bill makes a conforming change to refer to the exception that the State Controller is required, instead of authorized, to request that the State Board of Examiners designate the debt as a bad debt under section 2.
Existing law establishes the general powers and duties of the Board and Commission. (NRS 463.140) Section 2.5 of this bill requires that the provisions of law governing gaming that relate to any license, registration, finding of suitability or other approval or authorization be administered by the Board and the Commission. Section 2.5 also establishes an exception to certain authorized actions of the Board, the Commission and their agents.
Existing law authorizes the Board or Commission or certain persons to obtain a judicial determination of any construction or validity arising under certain provisions of law governing gaming or any regulation of the Commission by bringing an action for a declaratory judgment in the: (1) First Judicial District Court of the State of Nevada in and for Carson City; or (2) district court of the district in which the plaintiff resides or does business. (NRS 463.343) Existing law also authorizes any person aggrieved by a final decision or order of the Commission made after a disciplinary hearing or rehearing to obtain a judicial review of the decision or order in the district court of the county in which the petitioner resides or has his, her or its principal place of business. (NRS 463.315) Section 5 of this bill additionally authorizes a person to obtain such a judicial review in the district court in and for Carson City. Section 6 of this bill revises certain language relating to bringing an action for a declaratory judgment to more closely resemble the language used in section 5.
Existing law: (1) requires the Commission to charge and collect a license fee from an applicant for a restricted operation for each slot machine for each quarter year before the Commission issues a state gaming license to the applicant; and (2) establishes when the license fee must be paid. (NRS 463.373) Section 7 of this bill provides that any person who is authorized to receive a share of the revenue from any slot machine that is operated on the premises of a licensee is liable to the licensee for the persons proportionate share of the license fee and is required to remit or credit his or her proportionate share to the licensee on or before certain dates.
Existing law provides that if the Commission approves the issuance of a license for gaming operations at the same location that is currently licensed or, if the license is for the operation of a slot machine route, locations that are currently licensed, the Chairs of the Board and Commission are authorized in certain circumstances to administratively determine that for the purposes of certain fees, the license shall be deemed transferred, the previously licensed operation shall be deemed a continuing operation and credit must be granted for prepaid license fees. (NRS 463.386) Section 8 of this bill includes additional fees for which prepayment credit must be granted with respect to a continuing operation.
κ2023 Statutes of Nevada, Page 1491 (CHAPTER 237, SB 14)κ
Existing law: (1) authorizes the Commission to provide by regulation for the operation and registration of hosting centers and persons associated therewith; and (2) requires such regulations to provide that the premises on which the hosting center is located are subject to the power and authority of the Board and Commission, as though the premises are where gaming is conducted and the hosting center is a gaming licensee. (NRS 463.673) Existing law similarly: (1) authorizes the Commission to provide by regulation for the licensing of an interactive gaming service provider, the registration of a service provider and the operation of such a service provider or interactive gaming service provider; and (2) requires such regulations to provide that the premises on which an interactive service provider and a service provider conducts its operations are subject to the power and authority of the Board and Commission, as though gaming is conducted on the premises and the interactive gaming service provider or service provider is a gaming licensee. (NRS 463.677) Sections 9.1 and 9.3 of this bill, respectively, instead authorize the Commission to adopt regulations that define the scope of the power and authority of the Board and Commission as it deems appropriate based on the type and function of a hosting center or the specific interactive gaming service provider or service provider. Sections 9.5 and 9.7 of this bill make conforming changes to refer to provisions that have been renumbered by section 9.3.
Existing law establishes provisions concerning the employment of retired public employees and provides that a person who accepts employment or an independent contract with certain entities is exempt from certain provisions of existing law for the duration of the employment or contract. (NRS 286.520) Section 10.5 of this bill also exempts a person who accepts employment or an independent contract with the Commission as a Commissioner appointed by the Governor from such provisions for the duration of the employment or contract.
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 463 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Chair of the Board may, in the sole and absolute discretion of the Chair, administratively approve the spouse, next of kin, personal representative, guardian or heir of a holder of a license issued by the Commission who is deceased or has been judicially declared to be disabled to temporarily engage in any of the activities set forth in subsection 1 of NRS 463.160, subsection 1 of NRS 463.162 or subsection 1 of NRS 463.650 or receive proceeds therefrom without procuring a state gaming license.
2. The Chair of the Board may condition or limit an administrative approval issued pursuant to subsection 1 in any manner the Chair deems necessary and appropriate.
3. A person who is administratively approved by the Chair of the Board to temporarily engage in any of the activities set forth in subsection 1 of NRS 463.160, subsection 1 of NRS 463.162 or subsection 1 of NRS 463.650 or receive proceeds therefrom without procuring a state gaming license:
(a) Shall comply with the provisions of chapter 463 of NRS and all regulations adopted thereunder; and
(b) Is subject to disciplinary action for any violation of those provisions as set forth in NRS 463.310 to 463.318, inclusive.
κ2023 Statutes of Nevada, Page 1492 (CHAPTER 237, SB 14)κ
Sec. 1.5. NRS 463.0157 is hereby amended to read as follows:
463.0157 1. Gaming employee means any [person connected directly with] employee, temporary employee or other representative of an operator of a slot route, the operator of a pari-mutuel system , the operator of an inter-casino linked system or a manufacturer, distributor or disseminator, or [with the operation of] a gaming establishment licensed to conduct any game, 16 or more slot machines, a race book, sports pool or pari-mutuel wagering, whose job duties pertain to the operation, control or outcome of any gambling game or the access, transport or review of any gaming revenue, including [:] , without limitation:
(a) Accounting or internal auditing personnel who are directly involved in any recordkeeping or the examination of records associated with revenue from gaming;
(b) [Boxpersons;] Table games personnel;
(c) [Cashiers;] Cage and counting room personnel;
(d) [Change] Slot personnel;
(e) [Counting room] Keno personnel;
(f) [Dealers;] Race book and sports pool personnel;
(g) Employees of a person required by NRS 464.010 to be licensed to operate an off-track pari-mutuel system;
(h) Employees of a person required by NRS 463.430 to be licensed to disseminate information concerning racing and employees of an affiliate of such a person involved in assisting the person in carrying out the duties of the person in this State;
(i) Employees of a person required by paragraph (e) of subsection 1 of NRS 463.160 to be registered to operate as a cash access and wagering instrument service provider;
(j) Employees whose duties are directly involved with the manufacture, repair, sale or distribution of gaming devices, associated equipment when the employer is required by NRS 463.650 to be licensed, cashless wagering systems or interactive gaming systems;
(k) [Employees of operators of slot routes who have keys for slot machines or who accept and transport revenue from the slot drop;
(l)] Employees of operators of interactive gaming systems whose duties include the operational or supervisory control of the systems or the games that are part of the systems;
[(m)] (l) Employees of operators of call centers who perform, or who supervise the performance of, the function of receiving and transmitting wagering instructions;
[(n)] (m) Employees who have access to the Boards system of records for the purpose of processing the registrations of gaming employees that a licensee is required to perform pursuant to the provisions of this chapter and any regulations adopted pursuant thereto;
[(o) Floorpersons;
(p)] (n) Information technology personnel who have operational or supervisory control over information technology systems associated with any of the matters related to gaming described in this subsection;
(o) Hosts or other persons empowered to extend credit or complimentary services [;
(q) Keno runners;
(r) Keno writers;
(s)] related to gaming;
(p) Machine mechanics;
κ2023 Statutes of Nevada, Page 1493 (CHAPTER 237, SB 14)κ
[(t)] (q) Odds makers and line setters;
[(u)] (r) Security personnel;
[(v)] (s) Shift or pit bosses;
[(w)] (t) Shills;
[(x)] (u) Supervisors or managers [;
(y) Ticket writers;
(z)] whose duties include the supervision of employees described in this subsection;
(v) Employees of a person required by NRS 463.160 to be licensed to operate an information service;
[(aa) Employees of a licensee who have local access and provide management, support, security or disaster recovery services for any hardware or software that is regulated pursuant to the provisions of this chapter and any regulations adopted pursuant thereto;
(bb) Temporary or contract employees hired by a licensee to perform a function related to gaming; and
(cc)] (w) Club venue employees; and
(x) Other persons whose duties are similar to the classifications set forth in paragraphs (a) to [(bb),] (w), inclusive, as the Commission may from time to time designate by regulation.
2. Gaming employee does not include [barbacks or bartenders] employees whose duties do not involve gaming activities, [cocktail servers or other] persons engaged exclusively in preparing or serving food or beverages [.
3. As used in this section, local access means access to hardware or software from within a licensed gaming establishment, hosting center or elsewhere within this State.] or persons involved primarily in the resort or hotel functions of a licensed gaming establishment.
Sec. 2. NRS 463.123 is hereby amended to read as follows:
463.123 1. On or before January 15 of each year, the Board shall prepare and furnish to the Commission a report that shows all debts owed to the Board that became or remained delinquent during the preceding year. The Board shall include in the report the amount of any delinquent debt that the Board determines is impossible or impractical to collect.
2. For any amount of debt the [Nevada Gaming Control] Board has assigned to the State Controller for collection pursuant to NRS 353C.195 that:
(a) The Board determines is impossible or impractical to collect, the [Nevada Gaming Control] Board [shall request that the State Board of Examiners] may designate such amount as a bad debt [. The State Board of Examiners, by an affirmative vote of the majority of the members of the State Board of Examiners, may designate the debt as bad debt if the State Board of Examiners is satisfied that the collection of the debt is impossible or impractical. If the amount of the debt is not more than $50, the State Board of Examiners may delegate to its Clerk the authority to designate the debt as a bad debt. The Nevada Gaming Control Board may appeal to the State Board of Examiners a denial by the Clerk of a request to designate a debt as a bad debt.
3. Upon the designation of a debt as a bad debt pursuant to this section, the State Board of Examiners or its Clerk shall immediately notify the State Controller thereof. Upon receiving the notification, the State Controller shall direct the removal of the bad debt from the books of account of the State of Nevada. A bad debt that is removed pursuant to this section remains a legal and binding obligation owed by the debtor to the State of Nevada.
κ2023 Statutes of Nevada, Page 1494 (CHAPTER 237, SB 14)κ
4. The State Controller shall keep a master file of all debts that are designated as bad debts pursuant to this section. For each such debt, the State Controller shall record the name of the debtor, the amount of the debt, the date on which the debt was incurred and the date on which it was removed from the records and books of account of the State of Nevada, and any other information concerning the debt that the State Controller determines is necessary.] and shall notify the State Controller of such a designation. Upon approval by the Chair of the Board, the bad debt may be removed from the books of the account of the Board.
(b) The State Controller determines is impossible or impractical to collect, the State Controller shall request the State Board of Examiners to designate the debt as a bad debt in accordance with NRS 353C.220.
Sec. 2.5. NRS 463.140 is hereby amended to read as follows:
463.140 1. The provisions of this chapter with respect to [state gaming licenses and manufacturers, sellers and distributors licenses] any license, registration, finding of suitability or other approval or authorization must be administered by the Board and the Commission, which shall administer them for the protection of the public and in the public interest in accordance with the policy of this state.
2. [The] Except as otherwise provided in this chapter, the Board and the Commission and their agents may:
(a) Inspect and examine all premises wherein gaming is conducted or gambling devices or equipment are manufactured, sold or distributed.
(b) Inspect all equipment and supplies in, upon or about such premises.
(c) Summarily seize and remove from such premises and impound any equipment, supplies, documents or records for the purpose of examination and inspection.
(d) Demand access to and inspect, examine, photocopy and audit all papers, books and records of any applicant or licensee, on his or her premises, or elsewhere as practicable, and in the presence of the applicant or licensee, or his or her agent, respecting the gross income produced by any gaming business, and require verification of income, and all other matters affecting the enforcement of the policy or any of the provisions of this chapter.
(e) Demand access to and inspect, examine, photocopy and audit all papers, books and records of any affiliate of a licensee whom the Board or Commission knows or reasonably suspects is involved in the financing, operation or management of the licensee. The inspection, examination, photocopying and audit may take place on the affiliates premises or elsewhere as practicable, and in the presence of the affiliate or its agent.
3. For the purpose of conducting audits after the cessation of gaming by a licensee, the former licensee shall furnish, upon demand of an agent of the Board, books, papers and records as necessary to conduct the audits. The former licensee shall maintain all books, papers and records necessary for audits for 1 year after the date of the surrender or revocation of his or her gaming license. If the former licensee seeks judicial review of a deficiency determination or files a petition for a redetermination, the former licensee must maintain all books, papers and records until a final order is entered on the determination.
4. The Board may investigate, for the purpose of prosecution, any suspected criminal violation of the provisions of this chapter, chapter 205 of NRS involving a crime against the property of a gaming licensee, NRS 207.195 or chapter 462, 463B, 464, 465 or 466 of NRS.
κ2023 Statutes of Nevada, Page 1495 (CHAPTER 237, SB 14)κ
5. The Board and the Commission or any of its members has full power and authority to issue subpoenas and compel the attendance of witnesses at any place within this state, to administer oaths and to require testimony under oath. Any process or notice may be served in the manner provided for service of process and notices in civil actions. The Board or the Commission may pay such transportation and other expenses of witnesses as it may deem reasonable and proper. Any person making false oath in any matter before either the Board or Commission is guilty of perjury. The Board and Commission or any member thereof may appoint hearing examiners who may administer oaths and receive evidence and testimony under oath.
Sec. 3. NRS 463.160 is hereby amended to read as follows:
463.160 1. Except as otherwise provided in subsection 3 and NRS 462.155 and 463.172 [,] and section 1 of this act, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:
(a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any gambling game, gaming device, slot machine, race book or sports pool;
(b) To provide or maintain any information service;
(c) To operate a gaming salon;
(d) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running or carrying on any gambling game, slot machine, gaming device, race book or sports pool;
(e) To operate as a cash access and wagering instrument service provider; or
(f) To operate, carry on, conduct, maintain or expose for play in or from the State of Nevada any interactive gaming system,
Κ without having first procured, and thereafter maintaining in effect, all federal, state, county and municipal gaming licenses or registrations as required by statute, regulation or ordinance or by the governing board of any unincorporated town.
2. Except as otherwise provided in subsection 3, it is unlawful for any person knowingly to permit any gambling game, slot machine, gaming device, race book or sports pool to be conducted, operated, dealt or carried on in any house or building or other premises owned by the person, in whole or in part, by a person who is not licensed pursuant to this chapter, or that persons employee.
3. The Commission may, by regulation, authorize a person to own or lease gaming devices for the limited purpose of display or use in the persons private residence without procuring a state gaming license.
4. For the purposes of this section, the operation of a race book or sports pool includes making the premises available for any of the following purposes:
(a) Allowing patrons to establish an account for wagering with the race book or sports pool;
(b) Accepting wagers from patrons;
(c) Allowing patrons to place wagers;
(d) Paying winning wagers to patrons; or
(e) Allowing patrons to withdraw cash from an account for wagering or to be issued a ticket, receipt, representation of value or other credit representing a withdrawal from an account for wagering that can be redeemed for cash,
κ2023 Statutes of Nevada, Page 1496 (CHAPTER 237, SB 14)κ
Κ whether by a transaction in person at an establishment or through mechanical means, such as a kiosk or similar device, regardless of whether that device would otherwise be considered associated equipment. A separate license must be obtained for each location at which such an operation is conducted.
Sec. 4. NRS 463.162 is hereby amended to read as follows:
463.162 1. Except as otherwise provided in subsections 2 and 3 [,] and section 1 of this act, it is unlawful for any person to:
(a) Lend, let, lease or otherwise deliver or furnish any equipment of any gambling game, including any slot machine, for any interest, percentage or share of the money or property played, under guise of any agreement whatever, without having first procured a state gaming license.
(b) Lend, let, lease or otherwise deliver or furnish, except by a bona fide sale or capital lease, any slot machine under guise of any agreement whereby any consideration is paid or is payable for the right to possess or use that slot machine, whether the consideration is measured by a percentage of the revenue derived from the machine or by a fixed fee or otherwise, without having first procured a state gaming license for the slot machine.
(c) Furnish services or property, real or personal, on the basis of a contract, lease or license, pursuant to which that person receives payments based on earnings or profits from any gambling game, including any slot machine, without having first procured a state gaming license.
2. The provisions of subsection 1 do not apply to any person:
(a) Whose payments are a fixed sum determined in advance on a bona fide basis for the furnishing of services or property other than a slot machine.
(b) Who furnishes services or property under a bona fide rental agreement or security agreement for gaming equipment.
(c) That is a wholly owned subsidiary of:
(1) A corporation, limited partnership or limited-liability company holding a state gaming license; or
(2) A holding company or intermediary company, or publicly traded corporation, that has registered pursuant to NRS 463.585 or 463.635 and which has fully complied with the laws applicable to it.
(d) Who is licensed as a manufacturer or distributor pursuant to NRS 463.650.
(e) Who is found suitable by the Commission to act as an independent agent.
Κ Receipts or rentals or charges for real property, personal property or services do not lose their character as payments of a fixed sum or as bona fide because of provisions in a contract, lease or license for adjustments in charges, rentals or fees on account of changes in taxes or assessments, escalations in the cost-of-living index, expansions or improvement of facilities, or changes in services supplied. Receipts of rentals or charges based on percentage between a corporate licensee or a licensee who is a limited partnership or limited-liability company and the entities enumerated in paragraph (c) are permitted under this subsection.
3. The Commission may, upon the issuance of its approval or a finding of suitability, exempt a holding company from the licensing requirements of subsection 1.
4. The Board may require any person exempted by the provisions of subsection 2 or paragraph (b) of subsection 1 to provide such information as it may require to perform its investigative duties.
κ2023 Statutes of Nevada, Page 1497 (CHAPTER 237, SB 14)κ
5. The Board and the Commission may require a finding of suitability or the licensing of any person who:
(a) Owns any interest in the premises of a licensed establishment or owns any interest in real property used by a licensed establishment whether the person leases the property directly to the licensee or through an intermediary.
(b) Repairs, rebuilds or modifies any gaming device.
(c) Manufactures or distributes chips or gaming tokens for use in this state.
(d) Operates a call center within this State as an agent of a licensed race book or sports pool in this State in accordance with the regulations adopted by the Commission.
(e) Has invented, has developed or owns the intellectual property rights to a game for which approval by the Commission is being sought or has been received in accordance with the regulations adopted by the Commission.
6. If the Commission finds a person described in subsection 5 unsuitable, a licensee shall not enter into any contract or agreement with that person without the prior approval of the Commission. Any other agreement between the licensee and that person must be terminated upon receipt of notice of the action by the Commission. Any agreement between a licensee and a person described in subsection 5 shall be deemed to include a provision for its termination without liability on the part of the licensee upon a finding by the Commission that the person is unsuitable. Failure expressly to include that condition in the agreement is not a defense in any action brought pursuant to this section to terminate the agreement. If the application is not presented to the Board within 30 days after demand, the Commission may pursue any remedy or combination of remedies provided in this chapter.
Sec. 5. NRS 463.315 is hereby amended to read as follows:
463.315 1. Any person aggrieved by a final decision or order of the Commission made after hearing or rehearing by the Commission pursuant to NRS 463.312 to 463.3145, inclusive, and whether or not a petition for rehearing was filed, may obtain a judicial review thereof in the district court [of] in and for Carson City, the district court in and for the county in which the petitioner resides or the district court in and for the county in which the petitioner has his, her or its principal place of business.
2. The judicial review must be instituted by filing a petition within 20 days after the effective date of the final decision or order. A petition may not be filed while a petition for rehearing or a rehearing is pending before the Commission. The petition must set forth the order or decision appealed from and the grounds or reasons why petitioner contends a reversal or modification should be ordered.
3. Copies of the petition must be served upon the Commission and all other parties of record, or their counsel of record, either personally or by certified mail.
4. The court, upon a proper showing, may permit other interested persons to intervene as parties to the appeal or as friends of the court.
5. The filing of the petition does not stay enforcement of the decision or order of the Commission, but the Commission itself may grant a stay upon such terms and conditions as it deems proper.
6. If judicial review is sought in any case in which a supervisor has been appointed pursuant to NRS 463B.010 to 463B.280, inclusive, the district court shall give priority to that review over other civil actions.
κ2023 Statutes of Nevada, Page 1498 (CHAPTER 237, SB 14)κ
Sec. 6. NRS 463.343 is hereby amended to read as follows:
463.343 1. The Board or Commission or any applicant, licensee, association of licensees, nonprofit corporation that represents licensees, person found suitable, holding company, intermediary company or publicly traded corporation which is registered with the Commission may obtain a judicial determination of any question of construction or validity arising under this chapter, chapter 462 of NRS or any regulation of the Commission by bringing an action for a declaratory judgment in the [First Judicial District Court of the State of Nevada] district court in and for Carson City [,] or [in] the district court [of] in and for the [district] county in which the plaintiff resides or does business, in accordance with the provisions of chapter 30 of NRS.
2. When an action is brought by a person other than the Board or Commission, the Commission must be made a party to the action and the Attorney General must be served with a copy of the complaint and is entitled to appear in the action.
3. Statutes and regulations reviewed pursuant to this section must be construed in a manner consistent with the declared policy of the State.
4. The filing of a complaint for judicial determination under this section does not stay enforcement of any Commission or Board action. The Board or Commission may grant a stay upon appropriate terms.
5. In any proceeding brought under this section, the district court shall not grant any injunctive relief or relief based upon any other extraordinary common-law writ to:
(a) Any applicant for licensing, finding of suitability or registration;
(b) Any person who has been ordered by the Board or Commission to submit his or her application for licensing, finding of suitability or registration;
(c) Any person seeking judicial review of an action of the Commission which is subject to the provisions of NRS 463.315 to 463.318, inclusive; or
(d) Any person who is adversely affected by the appointment of a supervisor pursuant to chapter 463B of NRS.
Sec. 7. NRS 463.373 is hereby amended to read as follows:
463.373 1. Before issuing a state gaming license to an applicant for a restricted operation, the Commission shall charge and collect from the applicant for each slot machine for each quarter year:
(a) A license fee of $81 for each slot machine if the applicant will have at least 1 but not more than 5 slot machines.
(b) A license fee of $405 plus $141 for each slot machine in excess of 5 if the applicant will have at least 6 but not more than 15 slot machines.
2. The Commission shall charge and collect the fee prescribed in subsection 1:
(a) On or before the last day of the last month in a calendar quarter, for the ensuing calendar quarter, from a licensee whose operation is continuing.
(b) In advance from a licensee who begins operation or puts additional slot machines into play during a calendar quarter.
3. Except as otherwise provided in NRS 463.386, no proration of the fee prescribed in subsection 1 may be allowed for any reason.
4. The operator of the location where slot machines are situated shall pay the fee prescribed in subsection 1 upon the total number of slot machines situated in that location, whether or not the machines are owned by one or more licensee-owners.
κ2023 Statutes of Nevada, Page 1499 (CHAPTER 237, SB 14)κ
5. Any person who is authorized to receive a share of the revenue from any slot machine that is operated on the premises of a licensee is liable to the licensee for that persons proportionate share of the fee prescribed in subsection 1 and shall remit or credit his or her full proportionate share to the licensee on or before the last day of the last month in a calendar quarter, if the licensee is paying the fee in accordance with paragraph (a) of subsection 2, or, if the licensee is paying the fee in accordance with paragraph (b) of subsection 2, on or before the date on which the licensee pays the fee. A licensee is not liable to any person who is authorized to receive a share of the revenue from any slot machine that is operated on the premises of the licensee for that persons proportionate share of the fee prescribed in subsection 1.
Sec. 8. NRS 463.386 is hereby amended to read as follows:
463.386 1. If the Commission approves the issuance of a license for gaming operations at the same location that is currently licensed, or locations that are currently licensed if the license is for the operation of a slot machine route, the Chair of the Board, in consultation with the Chair of the Commission may administratively determine that, for the purposes of NRS 463.370 , [and] 463.373 to 463.3855, inclusive, 463.450, 463.660, 463.677, 463.760, 463.765 and 464.015, the gaming license shall be deemed transferred, the previously licensed operation shall be deemed a continuing operation and credit must be granted for prepaid license fees, if the Chair of the Board makes a written finding that such determination is consistent with the public policy of this State pursuant to NRS 463.0129.
2. The Chair of the Board may refer a request for administrative determination pursuant to this section to the Board and the Commission for consideration, or may deny the request for any reasonable cause. A denial may be submitted for review by the Board and the Commission in the manner set forth by the regulations adopted by the Commission which pertain to the review of administrative approval decisions.
3. Except as otherwise provided in this section, no credit or refund of fees or taxes may be made because a gaming establishment ceases operation.
4. The Commission may, with the advice and assistance of the Board, adopt regulations consistent with the policy, objects and purposes of this chapter as it may deem necessary to carry out the provisions of this section.
Sec. 9. NRS 463.650 is hereby amended to read as follows:
463.650 1. Except as otherwise provided in subsections 2 to 7, inclusive, and section 1 of this act, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain any form of manufacture, selling or distribution of any gaming device, cashless wagering system or interactive gaming system for use or play in Nevada without first procuring and maintaining all required federal, state, county and municipal licenses.
2. A lessor who specifically acquires equipment for a capital lease is not required to be licensed under this section.
3. The holder of a state gaming license or the holding company of a corporation, partnership, limited partnership, limited-liability company or other business organization holding a license may, within 2 years after cessation of business or upon specific approval by the Board, dispose of by sale in a manner approved by the Board, any or all of its gaming devices, including slot machines and cashless wagering systems, without a distributors license. In cases of bankruptcy of a state gaming licensee or foreclosure of a lien by a bank or other person holding a security interest for which gaming devices are security in whole or in part for the lien, the Board may authorize the disposition of the gaming devices without requiring a distributors license.
κ2023 Statutes of Nevada, Page 1500 (CHAPTER 237, SB 14)κ
which gaming devices are security in whole or in part for the lien, the Board may authorize the disposition of the gaming devices without requiring a distributors license.
4. The Commission may, by regulation, authorize a person who owns:
(a) Gaming devices for home use in accordance with NRS 463.160; or
(b) Antique gaming devices,
Κ to sell such devices without procuring a license therefor to residents of jurisdictions wherein ownership of such devices is legal.
5. Upon approval by the Board, a gaming device owned by:
(a) A law enforcement agency;
(b) A court of law; or
(c) A gaming device repair school licensed by the Commission on Postsecondary Education,
Κ may be disposed of by sale, in a manner approved by the Board, without a distributors license. An application for approval must be submitted to the Board in the manner prescribed by the Chair.
6. A manufacturer who performs any action described in paragraph (a), (b) or (c) of subsection 1 of NRS 463.01715 is not required to be licensed under the provisions of this section with respect to the performance of that action if another manufacturer who is licensed under the provisions of this section assumes responsibility for the performance of that action.
7. An independent contractor who designs, develops, programs, produces or composes a control program for use in the manufacture of a gaming device that is for use or play in this State is not required to be licensed under the provisions of this section with respect to the design, development, programming, production or composition of a control program if a manufacturer who is licensed under the provisions of this section assumes responsibility for the design, development, programming, production or composition of the control program.
8. Any person who the Commission determines is a suitable person to receive a license under the provisions of this section may be issued a manufacturers or distributors license. The burden of proving his or her qualification to receive or hold a license under this section is at all times on the applicant or licensee.
9. Every person who must be licensed pursuant to this section is subject to the provisions of NRS 463.482 to 463.645, inclusive, unless exempted from those provisions by the Commission.
10. The Commission may exempt, for any purpose, a manufacturer, seller or distributor from the provisions of NRS 463.482 to 463.645, inclusive, if the Commission determines that the exemption is consistent with the purposes of this chapter.
11. Any person conducting business in Nevada who is not required to be licensed as a manufacturer, seller or distributor pursuant to subsection 1, but who otherwise must register with the Attorney General of the United States pursuant to Title 15 of U.S.C., must submit to the Board a copy of such registration within 10 days after submission to the Attorney General of the United States.
12. It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to knowingly distribute any gaming device, cashless wagering system, interactive gaming system or associated equipment from Nevada to any jurisdiction where the possession, ownership or use of any such device, system or equipment is illegal.
κ2023 Statutes of Nevada, Page 1501 (CHAPTER 237, SB 14)κ
13. As used in this section:
(a) Antique gaming device means a gaming device that was manufactured before 1961.
(b) Assume responsibility has the meaning ascribed to it in NRS 463.01715.
(c) Control program has the meaning ascribed to it in NRS 463.0155.
(d) Holding company has the meaning ascribed to it in NRS 463.485.
(e) Independent contractor has the meaning ascribed to it in NRS 463.01715.
Sec. 9.1. NRS 463.673 is hereby amended to read as follows:
463.673 1. The Legislature finds that:
(a) To protect and promote the health, safety, morals, good order and general welfare of the inhabitants of this State, and to carry out the public policy declared in NRS 463.0129, it is necessary that the Board and Commission be allowed to react to rapidly evolving technological advances while maintaining strict regulation and control of gaming.
(b) Technological advances have evolved which allow:
(1) Certain parts of games, gaming devices, cashless wagering systems and race book and sports pool operations to be conducted at locations that are not on the premises of a licensed gaming establishment; and
(2) Associated equipment to be located at a hosting center.
2. Except as otherwise provided in subsection 3, the Commission may, with the advice and assistance of the Board, provide by regulation for the operation and registration of hosting centers and persons associated therewith. Such regulations may include:
(a) Provisions relating to the operation and location of hosting centers, including, without limitation, minimum internal and operational control standards established by the Commission.
(b) Provisions relating to the registration of persons owning or operating a hosting center and any persons having a significant involvement with a hosting center, as determined by the Commission.
(c) A provision that a person owning, operating or having a significant involvement with a hosting center may be required by the Commission to be found suitable to be associated with licensed gaming, including race book or sports pool operations.
(d) Additional matters which the Commission deems necessary and appropriate to carry out the provisions of this section and which are consistent with the public policy of this State pursuant to NRS 463.0129.
3. The Commission may not adopt regulations pursuant to this section until the Commission first determines that hosting centers are secure and reliable, do not pose a threat to the integrity of gaming and are consistent with the public policy of this State pursuant to NRS 463.0129.
4. [Regulations] Subject to any regulations adopted by the Commission pursuant to [this section must:
(a) Define hosting center.
(b) Provide that] subsection 5, the premises on which the hosting center is located are subject to the power and authority of the Board and Commission pursuant to NRS 463.140, as though the premises are where gaming is conducted and the hosting center is a gaming licensee.
κ2023 Statutes of Nevada, Page 1502 (CHAPTER 237, SB 14)κ
5. The Commission may adopt regulations that define the scope of the power and authority of the Board and Commission provided in subsection 4 as it deems appropriate based on the type and function of a hosting center.
6. Regulations adopted by the Commission pursuant to this section must define hosting center.
Sec. 9.3. NRS 463.677 is hereby amended to read as follows:
463.677 1. The Legislature finds that:
(a) Technological advances have evolved which allow licensed gaming establishments to expose games, including, without limitation, system-based and system-supported games, gaming devices, interactive gaming, cashless wagering systems or race books and sports pools, and to be assisted by an interactive gaming service provider or a service provider, as applicable, who provides important services to the public with regard to the conduct and exposure of such games.
(b) To protect and promote the health, safety, morals, good order and general welfare of the inhabitants of this State, and to carry out the public policy declared in NRS 463.0129, it is necessary that the Board and Commission have the ability to:
(1) License interactive gaming service providers;
(2) Register service providers; and
(3) Maintain strict regulation and control of the operation of such interactive gaming service providers or service providers, respectively, and all persons and locations associated therewith.
2. Except as otherwise provided in subsection 4, the Commission may, with the advice and assistance of the Board, provide by regulation for the:
(a) Licensing of an interactive gaming service provider;
(b) Registration of a service provider; and
(c) Operation of such a service provider or interactive gaming service provider, respectively, and all persons, locations and matters associated therewith.
3. The regulations pursuant to subsection 2 may include, without limitation:
(a) Provisions requiring:
(1) The interactive gaming service provider to meet the qualifications for licensing pursuant to NRS 463.170, in addition to any other qualifications established by the Commission and to be licensed regardless of whether the interactive gaming service provider holds any license.
(2) The service provider to be registered regardless of whether the service provider holds any license.
(b) Criteria regarding the location from which the interactive gaming service provider or service provider, respectively, conducts its operations, including, without limitation, minimum internal and operational control standards established by the Commission.
(c) Provisions relating to:
(1) The licensing of persons owning or operating an interactive gaming service provider, and any person having a significant involvement therewith, as determined by the Commission.
(2) The registration of persons owning or operating a service provider, and any persons having a significant involvement therewith, as determined by the Commission.
(d) A provision that a person owning, operating or having significant involvement with an interactive gaming service provider or a service provider, respectively, as determined by the Commission, may be required by the Commission to be found suitable to be associated with licensed gaming, including race book or sports pool operations.
κ2023 Statutes of Nevada, Page 1503 (CHAPTER 237, SB 14)κ
provider, respectively, as determined by the Commission, may be required by the Commission to be found suitable to be associated with licensed gaming, including race book or sports pool operations.
(e) Additional matters which the Commission deems necessary and appropriate to carry out the provisions of this section and which are consistent with the public policy of this State pursuant to NRS 463.0129, including that an interactive gaming service provider or a service provider, respectively, must be liable to the licensee on whose behalf the services are provided for the interactive gaming service providers or service providers proportionate share of the fees and taxes paid by the licensee.
4. The Commission may not adopt regulations pursuant to this section until the Commission first determines that interactive gaming service providers or service providers, respectively, are secure and reliable, do not pose a threat to the integrity of gaming and are consistent with the public policy of this State pursuant to NRS 463.0129.
5. [Regulations] Subject to any regulations adopted by the Commission pursuant to [this section must provide that] subsection 6, the premises on which an interactive gaming service provider [and] or a service provider [, respectively,] conducts its operations are subject to the power and authority of the Board and Commission pursuant to NRS 463.140, as though the premises are where gaming is conducted and the interactive gaming service provider or service provider, respectively, is a gaming licensee.
6. The Commission may adopt regulations that define the scope of the power and authority of the Board and Commission provided in subsection 5 as it deems appropriate based on the type and function of a specific interactive gaming service provider or service provider.
7. As used in this section:
(a) Interactive gaming service provider means a person who acts on behalf of an establishment licensed to operate interactive gaming and:
(1) Manages, administers or controls wagers that are initiated, received or made on an interactive gaming system;
(2) Manages, administers or controls the games with which wagers that are initiated, received or made on an interactive gaming system are associated;
(3) Maintains or operates the software or hardware of an interactive gaming system; or
(4) Provides products, services, information or assets to an establishment licensed to operate interactive gaming and receives therefor a percentage of gaming revenue from the establishments interactive gaming system.
(b) Service provider means a person who:
(1) Is a cash access and wagering instrument service provider; or
(2) Meets such other or additional criteria as the Commission may establish by regulation.
Sec. 9.5. NRS 463.750 is hereby amended to read as follows:
463.750 1. The Commission shall, with the advice and assistance of the Board, adopt regulations governing:
(a) The licensing and operation of interactive gaming; and
(b) The registration of service providers to perform any action described in paragraph (b) of subsection [6] 7 of NRS 463.677.
2. The regulations adopted by the Commission pursuant to this section must:
κ2023 Statutes of Nevada, Page 1504 (CHAPTER 237, SB 14)κ
(a) Establish the investigation fees for:
(1) A license to operate interactive gaming;
(2) A license for a manufacturer of interactive gaming systems;
(3) A license for an interactive gaming service provider to perform the actions described in paragraph (a) of subsection [6] 7 of NRS 463.677; and
(4) Registration as a service provider to perform the actions described in paragraph (b) of subsection [6] 7 of NRS 463.677.
(b) Provide that:
(1) A person must hold a license for a manufacturer of interactive gaming systems to supply or provide any interactive gaming system, including, without limitation, any piece of proprietary software or hardware;
(2) A person must hold a license for an interactive gaming service provider to perform the actions described in paragraph (a) of subsection [6] 7 of NRS 463.677; and
(3) A person must be registered as a service provider to perform the actions described in paragraph (b) of subsection [6] 7 of NRS 463.677.
(c) Except as otherwise provided in subsections 6 to 10, inclusive, set forth standards for the suitability of a person to be:
(1) Licensed as a manufacturer of interactive gaming systems;
(2) Licensed as an interactive gaming service provider as described in paragraph (a) of subsection [6] 7 of NRS 463.677 that are as stringent as the standards for a nonrestricted license; or
(3) Registered as a service provider as described in paragraph (b) of subsection [6] 7 of NRS 463.677 that are as stringent as the standards for a nonrestricted license.
(d) Set forth provisions governing:
(1) The initial fee for a license for an interactive gaming service provider as described in paragraph (a) of subsection [6] 7 of NRS 463.677.
(2) The initial fee for registration as a service provider as described in paragraph (b) of subsection [6] 7 of NRS 463.677.
(3) The fee for the renewal of such a license for such an interactive gaming service provider or registration as a service provider, as applicable, and any renewal requirements for such a license or registration, as applicable.
(4) Any portion of the license fee paid by a person licensed to operate interactive gaming, pursuant to subsection 1 of NRS 463.770, for which an interactive gaming service provider may be liable to the person licensed to operate interactive gaming.
(e) Provide that gross revenue received by an establishment from the operation of interactive gaming is subject to the same license fee provisions of NRS 463.370 as the games and gaming devices of the establishment, unless federal law otherwise provides for a similar fee or tax.
(f) Set forth standards for the location and security of the computer system and for approval of hardware and software used in connection with interactive gaming.
(g) Define interactive gaming system, manufacturer of interactive gaming systems, operate interactive gaming and proprietary hardware and software as the terms are used in this chapter.
3. Except as otherwise provided in subsections 4 and 5, the Commission shall not approve a license for an establishment to operate interactive gaming unless:
κ2023 Statutes of Nevada, Page 1505 (CHAPTER 237, SB 14)κ
(a) In a county whose population is 700,000 or more, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices.
(b) In a county whose population is 45,000 or more but less than 700,000, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices or the establishment:
(1) Holds a nonrestricted license for the operation of games and gaming devices;
(2) Has more than 120 rooms available for sleeping accommodations in the same county;
(3) Has at least one bar with permanent seating capacity for more than 30 patrons that serves alcoholic beverages sold by the drink for consumption on the premises;
(4) Has at least one restaurant with permanent seating capacity for more than 60 patrons that is open to the public 24 hours each day and 7 days each week; and
(5) Has a gaming area that is at least 18,000 square feet in area with at least 1,600 slot machines, 40 table games, and a sports book and race pool.
(c) In all other counties, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices or the establishment:
(1) Has held a nonrestricted license for the operation of games and gaming devices for at least 5 years before the date of its application for a license to operate interactive gaming;
(2) Meets the definition of group 1 licensee as set forth in the regulations of the Commission on the date of its application for a license to operate interactive gaming; and
(3) Operates either:
(I) More than 50 rooms for sleeping accommodations in connection therewith; or
(II) More than 50 gaming devices in connection therewith.
4. The Commission may:
(a) Issue a license to operate interactive gaming to an affiliate of an establishment if:
(1) The establishment satisfies the applicable requirements set forth in subsection 3;
(2) The affiliate is located in the same county as the establishment; and
(3) The establishment has held a nonrestricted license for at least 5 years before the date on which the application is filed; and
(b) Require an affiliate that receives a license pursuant to this subsection to comply with any applicable provision of this chapter.
5. The Commission may issue a license to operate interactive gaming to an applicant that meets any qualifications established by federal law regulating the licensure of interactive gaming.
6. Except as otherwise provided in subsections 7, 8 and 9:
(a) A covered person may not be found suitable for licensure under this section within 5 years after February 21, 2013;
(b) A covered person may not be found suitable for licensure under this section unless such covered person expressly submits to the jurisdiction of the United States and of each state in which patrons of interactive gaming operated by such covered person after December 31, 2006, were located, and agrees to waive any statutes of limitation, equitable remedies or laches that otherwise would preclude prosecution for a violation of any provision of federal law or the law of any state in connection with such operation of interactive gaming after that date;
κ2023 Statutes of Nevada, Page 1506 (CHAPTER 237, SB 14)κ
otherwise would preclude prosecution for a violation of any provision of federal law or the law of any state in connection with such operation of interactive gaming after that date;
(c) A person may not be found suitable for licensure under this section within 5 years after February 21, 2013, if such person uses a covered asset for the operation of interactive gaming; and
(d) Use of a covered asset is grounds for revocation of an interactive gaming license, or a finding of suitability, issued under this section.
7. The Commission, upon recommendation of the Board, may waive the requirements of subsection 6 if the Commission determines that:
(a) In the case of a covered person described in paragraphs (a) and (b) of subsection 1 of NRS 463.014645:
(1) The covered person did not violate, directly or indirectly, any provision of federal law or the law of any state in connection with the ownership and operation of, or provision of services to, an interactive gaming facility that, after December 31, 2006, operated interactive gaming involving patrons located in the United States; and
(2) The assets to be used or that are being used by such person were not used after that date in violation of any provision of federal law or the law of any state;
(b) In the case of a covered person described in paragraph (c) of subsection 1 of NRS 463.014645, the assets that the person will use in connection with interactive gaming for which the covered person applies for a finding of suitability were not used after December 31, 2006, in violation of any provision of federal law or the law of any state; and
(c) In the case of a covered asset, the asset was not used after December 31, 2006, in violation of any provision of federal law or the law of any state, and the interactive gaming facility in connection with which the asset was used was not used after that date in violation of any provision of federal law or the law of any state.
8. With respect to a person applying for a waiver pursuant to subsection 7, the Commission shall afford the person an opportunity to be heard and present relevant evidence. The Commission shall act as finder of fact and is entitled to evaluate the credibility of witnesses and persuasiveness of the evidence. The affirmative votes of a majority of the whole Commission are required to grant or deny such waiver. The Board shall make appropriate investigations to determine any facts or recommendations that it deems necessary or proper to aid the Commission in making determinations pursuant to this subsection and subsection 7.
9. The Commission shall make a determination pursuant to subsections 7 and 8 with respect to a covered person or covered asset without regard to whether the conduct of the covered person or the use of the covered asset was ever the subject of a criminal proceeding for a violation of any provision of federal law or the law of any state, or whether the person has been prosecuted and the prosecution terminated in a manner other than with a conviction.
10. It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others, to operate interactive gaming:
(a) Until the Commission adopts regulations pursuant to this section; and
(b) Unless the person first procures, and thereafter maintains in effect, all appropriate licenses as required by the regulations adopted by the Commission pursuant to this section.
κ2023 Statutes of Nevada, Page 1507 (CHAPTER 237, SB 14)κ
11. A person who violates subsection 10 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years or by a fine of not more than $50,000, or both.
Sec. 9.7. NRS 463.767 is hereby amended to read as follows:
463.767 1. The Commission may, with the advice and assistance of the Board, adopt a seal for its use to identify:
(a) A license to operate interactive gaming;
(b) A license for a manufacturer of interactive gaming systems;
(c) A license for an interactive gaming service provider to perform the actions described in paragraph (a) of subsection [6] 7 of NRS 463.677; and
(d) Registration as a service provider to perform the actions described in paragraph (b) of subsection [6] 7 of NRS 463.677.
2. The Chair of the Commission has the care and custody of the seal.
3. The seal must have imprinted thereon the words Nevada Gaming Commission.
4. A person shall not use, copy or reproduce the seal in any way not authorized by this chapter or the regulations of the Commission. Except under circumstances where a greater penalty is provided in NRS 205.175, a person who violates this subsection is guilty of a gross misdemeanor.
5. A person convicted of violating subsection 4 is, in addition to any criminal penalty imposed, liable for a civil penalty upon each such conviction. A court before whom a defendant is convicted of a violation of subsection 4 shall, for each violation, order the defendant to pay a civil penalty of $5,000. The money so collected:
(a) Must not be deducted from any penal fine imposed by the court;
(b) Must be stated separately on the courts docket; and
(c) Must be remitted forthwith to the Commission.
Sec. 10. (Deleted by amendment.)
Sec. 10.5. NRS 286.520 is hereby amended to read as follows:
286.520 1. Except as otherwise provided in this section and NRS 286.525, the consequences of the employment of a retired employee are:
(a) A retired employee who accepts employment or an independent contract with a public employer under this System is disqualified from receiving any allowances under this System for the duration of that employment or contract if:
(1) The retired employee accepted the employment or contract within 90 calendar days after the effective date of the employees retirement; or
(2) The retired employee is employed in a position which is eligible to participate in this System.
(b) If a retired employee accepts employment or an independent contract with a public employer under this System more than 90 calendar days after the effective date of the employees retirement in a position which is not eligible to participate in this System, the employees allowance under this System terminates upon the employees earning an amount equal to one-half of the average salary for participating public employees who are not police officers or firefighters in any fiscal year, for the duration of that employment or contract.
(c) If a retired employee accepts employment with an employer who is not a public employer under this System, the employee is entitled to the same allowances as a retired employee who has no employment.
2. The retired employee and the public employer shall notify the System:
κ2023 Statutes of Nevada, Page 1508 (CHAPTER 237, SB 14)κ
(a) Within 10 days after the first day of an employment or contract governed by paragraph (a) of subsection 1.
(b) Within 30 days after the first day of an employment or contract governed by paragraph (b) of subsection 1.
(c) Within 10 days after a retired employee earns more than one-half of the average salary for participating public employees who are not police officers or firefighters in any fiscal year from an employment or contract governed by paragraph (b) of subsection 1.
3. For the purposes of this section, the average salary for participating public employees who are not police officers or firefighters must be computed on the basis of the most recent actuarial valuation of the System.
4. If a retired employee who accepts employment or an independent contract with a public employer under this System pursuant to this section elects not to reenroll in the System pursuant to subsection 1 of NRS 286.525, the public employer with which the retired employee accepted employment or an independent contract may pay contributions on behalf of the retired employee to a retirement fund which is not a part of the System in an amount not to exceed the amount of the contributions that the public employer would pay to the System on behalf of a participating public employee who is employed in a similar position.
5. If a retired employee is chosen by election or appointment to fill an elective public office, the retired employee is entitled to the same allowances as a retired employee who has no employment, unless the retired employee is serving in the same office in which the retired employee served and for which the retired employee received service credit as a member. A public employer may pay contributions on behalf of such a retired employee to a retirement fund which is not a part of the System in an amount not to exceed the amount of the contributions that the public employer would pay to the System on behalf of a participating public employee who serves in the same office.
6. The System may waive for one period of 30 days or less a retired employees disqualification under this section if the public employer certifies in writing, in advance, that the retired employee is recalled to meet an emergency and that no other qualified person is immediately available.
7. A person who accepts employment or an independent contract with:
(a) Either house of the Legislature or the Legislative Counsel Bureau; [or]
(b) The Nevada Gaming Commission as a Commissioner appointed by the Governor; or
(c) The Nevada Court System as a senior justice, senior judge, senior justice of the peace or senior municipal judge,
Κ is exempt from the provisions of subsections 1 and 2 for the duration of that employment or contract.
8. A person who accepts employment with a volunteer fire department of which all the volunteers have become members of the System pursuant to NRS 286.367 is exempt from the provisions of subsections 1 and 2 for the duration of that employment.
Sec. 11. NRS 353C.220 is hereby amended to read as follows:
353C.220 1. [If] Except as otherwise provided in NRS 463.123, if the State Controller determines that it is impossible or impractical to collect a debt, the State Controller may request the State Board of Examiners to designate the debt as a bad debt. The State Board of Examiners, by an affirmative vote of the majority of the members of the Board, may designate the debt as a bad debt if the Board is satisfied that the collection of the debt is impossible or impractical.
κ2023 Statutes of Nevada, Page 1509 (CHAPTER 237, SB 14)κ
the debt as a bad debt if the Board is satisfied that the collection of the debt is impossible or impractical. If the debt is not more than $50, the State Board of Examiners may delegate to its Clerk the authority to designate the debt as a bad debt. The State Controller may appeal a denial of a request to designate the debt as a bad debt by the Clerk to the State Board of Examiners.
2. Upon the designation of a debt as a bad debt pursuant to this section, the State Board of Examiners or its Clerk shall immediately notify the State Controller thereof. Upon receiving the notification, the State Controller shall direct the removal of the debt from the books of account of the State of Nevada. A bad debt that is removed pursuant to this section remains a legal and binding obligation owed by the debtor to the State of Nevada.
3. The State Controller shall keep a master file of all debts that are designated as bad debts pursuant to this section. For each such debt, the State Controller shall record the name of the debtor, the amount of the debt, the date on which the debt was incurred and the date on which it was removed from the records and books of account of the State of Nevada, and any other information concerning the debt that the State Controller determines is necessary.
Sec. 12. 1. This section and sections 1 to 10, inclusive, and 11 of this act become effective upon passage and approval.
2. Section 10.5 of this act becomes effective on October 1, 2023.
________
Senate Bill No. 285Senators Dondero Loop, Spearman, Donate, Krasner; Cannizzaro, Daly, Flores, D. Harris, Lange, Neal, Nguyen, Pazina and Scheible
Joint Sponsors: Assemblymen Yeager, Monroe-Moreno, Backus; Jauregui and Mosca
CHAPTER 238
[Approved: June 9, 2023]
AN ACT making an appropriation to the Nevada Center for Civic Engagement to support civics education programs in Nevadas elementary, junior high, middle and high schools and to expand civics education programs for adults; and providing other matters properly relating thereto.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. There is hereby appropriated from the State General Fund to the Nevada Center for Civic Engagement to support civics education programs, including, without limitation, We the People: The Citizen and the Constitution Program, in Nevadas elementary, junior high, middle and high schools and to expand civics education programs for adults the following sums:
κ2023 Statutes of Nevada, Page 1510 (CHAPTER 238, SB 285)κ
For the Fiscal Year 2023-2024.................................................... $250,000
For the Fiscal Year 2024-2025.................................................... $250,000
2. Upon acceptance of the money appropriated by subsection 1, the Nevada Center for Civic Engagement agrees to:
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 20, 2024, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Center for Civic Engagement through December 1, 2024;
(b) Prepare and transmit a final report to the Interim Finance Committee on or before September 19, 2025, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by Nevada Center for Civic Engagement through June 30, 2025; and
(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Nevada Center for Civic Engagement, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.
3. The sums appropriated by subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
Sec. 2. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 1511κ
Senate Bill No. 118Committee on Health and Human Services
CHAPTER 239
[Approved: June 9, 2023]
AN ACT relating to public health; authorizing the creation of a health district by certain counties which are not physically adjacent; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates a health district in any county whose population is 700,000 or more (currently Clark County), which has jurisdiction over all public health matters in the health district. (NRS 439.361, 439.362, 439.366) Existing law authorizes the creation of a health district with similar jurisdiction in counties whose population is less than 700,000 (currently all counties other than Clark County), subject to approval by the State Board of Health, by affirmative vote of: (1) the boards of county commissioners of two or more adjacent counties; (2) the governing bodies of two or more cities or towns within any county; or (3) the board of county commissioners and the governing body or bodies of any incorporated city or cities, town or towns, in such a county. (NRS 439.370) Sections 7 and 8 of this bill remove the requirement that two counties must be physically adjacent in order to create a health district.
Section 9.2 of this bill makes an appropriation to the Division of Public and Behavioral Health of the Department of Health and Human Services for allocation to specified entities for the improvement of public health. Section 9.2 requires each such entity to submit a report to the Interim Finance Committee at the end of Fiscal Year 2024-2025 and Fiscal Year 2025-2026, respectively, concerning the use of the allocated money.
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 1-6. (Deleted by amendment.)
Sec. 7. NRS 439.370 is hereby amended to read as follows:
439.370 By affirmative vote of:
1. The boards of county commissioners of two or more [adjacent] counties;
2. The governing bodies of two or more cities or towns within any county; or
3. The board of county commissioners and the governing body or bodies of any incorporated city or cities, town or towns, in such county,
Κ and with the approval of the State Board of Health, there may be created a health district with a health department consisting of a district health officer and a district board of health.
Sec. 8. NRS 439.383 is hereby amended to read as follows:
439.383 When two or more [adjacent] counties establish a district board of health, all county boards of health in such district shall thereupon be abolished.
Secs. 8.5 and 9. (Deleted by amendment.)
Sec. 9.2. 1. There is hereby appropriated from the State General Fund to the Division of Public and Behavioral Health of the Department of Health and Human Services the sum of $15,000,000 for allocation pursuant to subsection 2 for the improvement of the public health.
κ2023 Statutes of Nevada, Page 1512 (CHAPTER 239, SB 118)κ
Health and Human Services the sum of $15,000,000 for allocation pursuant to subsection 2 for the improvement of the public health.
2. On or before August 1, 2024, the Division of Public and Behavioral Health shall allocate the money appropriated by subsection 1 to the following entities based on the following prescribed percentages of the total appropriated money:
(a) The Central Nevada Health District, 1.3 percent;
(b) The Washoe County Health District, 16 percent;
(c) The Southern Nevada Health District, 73 percent; and
(d) The Division of Public and Behavioral Health or a designee of the Division, 9.7 percent.
3. An entity to which money is allocated pursuant to subsection 2 shall:
(a) Evaluate the public health needs of residents of the area under the jurisdiction of the entity;
(b) Determine the level of priority of the public health needs identified pursuant to paragraph (a);
(c) Expend the allocated money in accordance with the levels of priority identified pursuant to paragraph (b); and
(d) Not later than 90 days after the end of Fiscal Year 2024-2025 and 2025-2026, respectively:
(1) Prepare a report which must include, without limitation:
(I) A description of the process used by the entity pursuant to paragraph (a) to evaluate the public health needs of residents of the area under the jurisdiction of the entity and the public health needs identified through that process;
(II) A description of the process used by the entity pursuant to paragraph (b) to determine the level of priority of the public health needs identified pursuant to paragraph (a) and the levels of priority assigned to those public health needs through that process;
(III) A description of each expenditure of the allocated money made by the entity pursuant to paragraph (c); and
(IV) The unexpended balance of the allocated money at the end of the fiscal year.
(2) Submit the report to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee.
4. An entity to which money is allocated pursuant to subsection 2 shall not use the money to replace or supplant money available from other sources.
5. The portion of any money remaining at the end of Fiscal Year 2024-2025 from an allocation of the money appropriated by subsection 1 that is not committed for expenditure by June 30, 2025, must be carried forward to Fiscal Year 2025-2026 to be used for the same purpose. Any remaining balance of the allocated money carried forward to Fiscal Year 2025-2026 must not be committed for expenditure after June 30, 2026, and must be reverted to the State General Fund on or before September 18, 2026.
Sec. 9.5. (Deleted by amendment.)
Sec. 10. 1. This section and sections 1 to 9, inclusive, and 9.5 of this act become effective upon passage and approval.
2. Section 9.2 of this act becomes effective on July 1, 2024.
________
κ2023 Statutes of Nevada, Page 1513κ
Senate Bill No. 436Committee on Commerce and Labor
CHAPTER 240
[Approved: June 9, 2023]
AN ACT relating to insurance; requiring the Commissioner of Insurance to submit to the Joint Interim Standing Committee on Commerce and Labor a report concerning the service contract provider industry in this State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides for the regulation of providers of service contracts by the Commissioner of Insurance. (Chapter 690C of NRS) Existing law defines a service contract as a contract pursuant to which a provider, in exchange for separately stated consideration, is obligated for a specified period to a holder to repair, replace or perform maintenance on, or indemnify or reimburse the holder for the costs of repairing, replacing or performing maintenance on, goods that are described in the service contract and which have an operational or structural failure as a result of a defect in materials, workmanship or normal wear and tear. Types of service contracts include contracts that: (1) pay reimbursement for towing, rental and emergency road service; and (2) provide for the repair, replacement or maintenance of goods for damages that result from power surges or accidental damage from handling. (NRS 690C.080) Existing law authorizes the Commissioner to assess a civil penalty against a provider who fails to comply with existing law or who violates an order or regulation of the Commissioner. (NRS 690C.330)
This bill requires the Commissioner of Insurance to submit to the Joint Interim Standing Committee on Commerce and Labor an annual report that provides certain information concerning the service contract industry in this State.
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 690C of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 and 2 of this act.
Sec. 1.5. (Deleted by amendment.)
Sec. 2. 1. On or before March 31, 2024, and on or before March 31 of each year thereafter, the Commissioner shall submit a report to the Joint Interim Standing Committee on Commerce and Labor concerning the service contract industry in this State.
2. The report must include, without limitation:
(a) For each report other than the initial report, the number of service contracts sold by providers, by county, during the calendar year for which the report is made;
(b) The number of providers doing business in this State;
(c) The number of providers, by the type of service contract provided;
(d) The number of complaints concerning providers received by the Division, by type of complaint and information concerning the resolution of such complaints; and
(e) Any other matter relating to the service contract industry in this State that the Commissioner deems appropriate.
κ2023 Statutes of Nevada, Page 1514 (CHAPTER 240, SB 436)κ
3. To the extent reasonably practicable, the information specified in paragraph (a) of subsection 2 must be disaggregated in the report.
4. As used in this section:
(a) Provider has the meaning ascribed to it in NRS 690C.070.
(b) Service contract has the meaning ascribed to it in NRS 690C.080.
Sec. 3. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
________
Senate Bill No. 386Committee on Commerce and Labor
CHAPTER 241
[Approved: June 9, 2023]
AN ACT relating to barbering; authorizing an applicant for a license as a barber or apprentice who fails to pass the examination required for licensure to retake the examination without fulfilling any additional requirements under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a person who wishes to be licensed as a barber or an apprentice, in addition to fulfilling certain other requirements, to pass an examination conducted by the State Barbers Health and Sanitation Board. (NRS 643.070, 643.080, 643.085) Existing law sets forth certain requirements for an applicant for a license as a barber who fails to pass the examination for licensure to be eligible to retake the examination. If the applicant is not a licensed cosmetologist, the applicant is required to practice as a licensed apprentice for an additional 3 months. If the applicant is a licensed cosmetologist, the applicant is required to complete further study in a barber school, as prescribed by the Board. Similarly, if an applicant for a license as an apprentice fails to pass the examination for licensure, existing law requires the applicant to complete further study in a barber school, as prescribed by the Board, before the applicant is eligible to retake the examination. (NRS 643.110) This bill authorizes an applicant for licensure as a barber who is not a licensed cosmetologist and who fails to pass the examination required for licensure to retake the examination without fulfilling any additional requirements, so long as the applicant retakes the examination not later than 1 year after the initial examination. If an applicant does not retake the examination within that period, the applicant is required to continue to practice as a licensed apprentice for an additional 3 months each time before the applicant is eligible to retake the examination. Additionally, this bill authorizes an applicant for licensure as an apprentice or for licensure as a barber, if the applicant is a licensed cosmetologist, who fails to pass the examination required for licensure to retake the examination not more than three times within 6 months after taking the initial examination without fulfilling any additional requirements. If an applicant does not retake the examination within that period, the applicant is required to complete 250 hours of further study in a barber school each time before the applicant is eligible to retake the examination.
κ2023 Statutes of Nevada, Page 1515 (CHAPTER 241, SB 386)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 643.110 is hereby amended to read as follows:
643.110 1. Except as otherwise provided in subsection 2, an applicant for a license as a barber who fails to pass the examination conducted by the Board may retake the examination for a license as a barber. If the applicant retakes the examination:
(a) Not later than 1 year after taking the initial examination, the applicant is not required to complete any additional period of practice as a licensed apprentice before he or she may retake the examination; and
(b) Later than 1 year after taking the initial examination, the applicant must continue to practice as a licensed apprentice for an additional 3 months each time before he or she may retake the examination for a license as a barber.
2. An applicant for a license as a barber who is a cosmetologist licensed pursuant to the provisions of chapter 644A of NRS and who fails to pass the examination conducted by the Board may retake the examination for a license as a barber. The applicant may, without completing further study in a barber school, retake the examination not more than three times within 6 months after taking the initial examination. If the applicant retakes the examination later than 6 months after taking the initial examination, the applicant must complete [further study as prescribed by the Board, not exceeding] 250 hours [,] of further study in a barber school approved by the Board each time before he or she may retake the examination for a license as a barber.
3. An applicant for a license as an apprentice who fails to pass the examination provided for in NRS 643.080 [must complete further study as prescribed by the Board in a barber school approved by the Board before he or she] may retake the examination for a license as an apprentice. The applicant may, without completing further study in a barber school, retake the examination not more than three times within 6 months after taking the initial examination. If the applicant retakes the examination later than 6 months after taking the initial examination, the applicant must complete 250 hours of further study in a barber school approved by the Board each time before he or she may retake the examination for a license as an apprentice.
4. An applicant for a license as an instructor who fails to pass the examination provided for in NRS 643.1775 may retake the examination for a license as an instructor. If the applicant retakes the examination:
(a) Not later than 1 year after taking the initial examination, the applicant is not required to complete further study in a barber school before he or she may retake the examination; and
(b) Later than 1 year after taking the initial examination, the applicant must complete 250 hours of further study in a barber school approved by the Board each time before he or she may retake the examination for a license as an instructor.
Sec. 2. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 1516κ
Senate Bill No. 349Senator Flores
CHAPTER 242
[Approved: June 9, 2023]
AN ACT relating to document preparation services; authorizing a document preparation service to use the name of the Department of Motor Vehicles in an advertisement under certain circumstances; requiring, under certain circumstances, a document preparation service to request an amended registration from the Secretary of State; making it unlawful for a person to represent himself or herself as a document preparation service if the person is not registered as a document preparation service; setting forth the form for statements that must be included in any advertisement for services of a document preparation service; authorizing, under certain circumstances, the Secretary of State to suspend or revoke the registration of a document preparation service or to assess a penalty; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits a person from using the name, service marks, trademarks or logo of the Department of Motor Vehicles in an advertisement unless the person is an appointed agent of the Department and has obtained the written permission of the Department for such use. (NRS 482.160) Section 1 of this bill provides a limited exception from that general prohibition by authorizing a document preparation service to use the term Department of Motor Vehicles or DMV in an advertisement if: (1) the term is followed by the term services, registration services or other similar language; and (2) the advertisement includes a clear and conspicuous statement that the document preparation service is a third-party business not affiliated with the Department.
Existing law requires a person who wishes to engage in the business of a document preparation service to register with the Secretary of State. (NRS 240A.100) Section 4 of this bill provides that it is unlawful for a person to: (1) represent himself or herself as a document preparation service if the person has not registered as a document preparation service, or if his or her registration is expired, revoked or suspended or is otherwise not in good standing; or (2) submit an application for registration as a document preparation service that contains a substantial and material misstatement or omission of fact.
Section 3 of this bill requires a registrant to submit to the Secretary of State a request for an amended registration if the registrant changes his or her: (1) mailing address, county or residence or place of business or employment; or (2) name and the registrant intends to use the new name in the performance of document preparation services.
Existing law sets forth certain requirements for any advertisement for the service of a registrant, including that the advertisement include a statement that the registrant is not an attorney authorized to practice in this State and is prohibited from providing legal advice or legal representation to any person. (NRS 240A.150) Section 5 of this bill sets forth: (1) the specific words that must be included in such statement; and (2) certain penalties if the Secretary of State finds a person in violation of such provisions.
κ2023 Statutes of Nevada, Page 1517 (CHAPTER 242, SB 349)κ
Existing law prohibits a registrant from: (1) retaining any fees or costs for services not performed or costs not incurred after the date of last service performed for a client; (2) making certain promises, or statements; (3) using certain terms in an advertisement or written description of the registrant or services provided by the registrant; (4) representing himself or herself as a paralegal or legal assistant; (5) with certain exceptions, negotiating concerning the rights or responsibilities of a client; (6) with certain exceptions, appearing on behalf of a client in a court proceeding or other formal adjudicative proceeding; (7) with certain exceptions, providing certain advice, explanations, opinions or recommendations to a client; or (8) seeking or obtaining from a client a waiver of any provision of law relating to document preparation services. (NRS 240A.240) Section 6 of this bill sets forth certain penalties which may be imposed if the Secretary of State finds a person in violation of such provisions.
Existing law: (1) authorizes the Secretary of State to conduct or cause to be conducted an investigation if the Secretary of State obtains information that a provision of law, regulation or order relating to document preparation services has been violated; and (2) requires the Secretary of State to conduct a hearing before imposing any fine for such a violation. (NRS 240A.260) Section 7 of this bill provides that if, within a reasonable period of time, a registrant fails to provide the Secretary of State with any information requested by the Secretary of State during an investigation of an alleged violation by the registrant, the Secretary of State may suspend or refuse to renew the registration of the registrant. Section 7 removes the requirement for the Secretary of State to conduct a hearing before imposing such a fine, and instead requires the Secretary of State to provide an opportunity for a hearing. Section 7 also requires the Secretary of State, upon receiving a complaint alleging a violation of the provisions of law governing document preparation services, to provide notice of the complaint to the document preparation service or other person who is the subject of the complaint.
Existing law authorizes the Secretary of State to deny, suspend, revoke or refuse to renew the registration of any person who violates a provision of law relating to document preparation services. (NRS 240A.270) Section 8 of this bill authorizes the Secretary of State to suspend or revoke the registration of a registrant pending a hearing if the Secretary of State believes it is in the public interest or is necessary to protect the public.
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 482.160 is hereby amended to read as follows:
482.160 1. The Director may adopt and enforce such administrative regulations as are necessary to carry out the provisions of this chapter.
2. The Director may establish branch offices as provided in NRS 481.055, and may by contract appoint any person or public agency as an agent to assist in carrying out the duties of the Department pursuant to this chapter.
3. Except as otherwise provided in this subsection, the contract with each agent appointed by the Department in connection with the registration of motor vehicles and issuance of license plates may provide for compensation based upon the reasonable value of the services of the agent but must not exceed $2 for each registration. An authorized inspection station or authorized station that issues certificates of registration pursuant to NRS 482.281 is not entitled to receive compensation from the Department pursuant to this subsection.
4. Except as otherwise provided in this section, no person may use in an advertisement:
κ2023 Statutes of Nevada, Page 1518 (CHAPTER 242, SB 349)κ
(a) The name, service marks, trademarks or logo of the Department; or
(b) A service mark, trademark or logo designed to closely resemble a service mark, trademark or logo of the Department and intended to mislead a viewer to believe that the service mark, trademark or logo is the service mark, trademark or logo of the Department.
5. An agent appointed pursuant to subsection 2 or NRS 487.815 may use the name, service marks, trademarks or logo of the Department in an advertisement if the agent has obtained the written permission of the Department for such use.
6. A document preparation service registered pursuant to chapter 240A of NRS may use the term Department of Motor Vehicles or DMV in an advertisement if:
(a) The term is immediately followed by the term services or registration services or other similar language which clearly indicates that the document preparation service is a third-party business and that the advertisement is not an advertisement of the Department; and
(b) The advertisement includes a clear and conspicuous statement that the document preparation service is a third-party business not affiliated with the Department. The statement must be of a conspicuous size, if in writing, and must appear in substantially the following form:
THIS DOCUMENT PREPARATION SERVICE IS A THIRD-PARTY BUSINESS NOT AFFILIATED WITH THE NEVADA DEPARTMENT OF MOTOR VEHICLES.
Sec. 2. Chapter 240A of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. 1. If, at any time during his or her appointment, a registrant changes his or her mailing address, county of residence or place of business or employment, the registrant shall submit to the Secretary of State a request for an amended registration on a form provided by the Secretary of State. The request must:
(a) Include the new information; and
(b) Be submitted within 30 days after making the change.
2. The Secretary of State may suspend the registration of a registrant who fails to provide to the Secretary of State notice of a change in any of the information specified in subsection 1.
3. If a registrant changes his or her name and the registrant intends to use his or her new name in performing document preparation services, the registrant shall submit to the Secretary of State a request for an amended registration on a form provided by the Secretary of State. The request must:
(a) Include the new name and signature and the address of the registrant; and
(b) Be submitted within 30 days after making the change.
4. Upon receipt of a request for an amended registration, the Secretary of State shall issue an amended registration.
Sec. 4. 1. It is unlawful for a person to:
(a) Represent himself or herself as a document preparation service if the person has not registered as a document preparation service pursuant to this chapter, or if his or her registration is expired, revoked or suspended or is otherwise not in good standing.
κ2023 Statutes of Nevada, Page 1519 (CHAPTER 242, SB 349)κ
(b) Submit an application for registration as a document preparation service that contains a substantial and material misstatement or omission of fact.
2. Any person who violates a provision of paragraph (a) of subsection 1 is liable for a penalty of not more than $1,000 for each violation, plus reasonable investigative fees and costs.
3. The Secretary of State may request that the Attorney General bring an action to enjoin any violation of paragraph (a) of subsection 1 and recover any penalties, attorneys fees and costs.
4. Any person who is aware of a violation of this chapter by a registrant or a person applying for registration as a document preparation service may file a complaint with the Secretary of State setting forth the details of the violation that are known by the person who is filing the complaint.
Sec. 5. NRS 240A.150 is hereby amended to read as follows:
240A.150 1. Any advertisement for the services of a registrant which the registrant disseminates or causes to be disseminated must include a [clear and conspicuous] statement [that the registrant is not an attorney authorized to practice in this State and is prohibited from providing legal advice or legal representation to any person.
2. The statement required by subsection 1 to be included in an advertisement must:
(a) Be] in the same language as the rest of the advertisement . [; and
(b) Be in the form prescribed by regulation of the Secretary of State.
3.] The statement must be of a conspicuous size, if in writing, and must appear in substantially the following form:
I AM NOT AN ATTORNEY IN THE STATE OF NEVADA. I AM NOT AUTHORIZED TO GIVE LEGAL ADVICE OR LEGAL REPRESENTATION. I MAY NOT ACCEPT FEES FOR GIVING LEGAL ADVICE OR LEGAL REPRESENTATION.
2. A person shall not disseminate or cause to be disseminated any advertisement or other statement that he or she is engaged in the business of a document preparation service in this State unless he or she has complied with all the applicable requirements of this chapter.
3. If the Secretary of State finds a registrant in violation of the provisions of subsection 1, the Secretary of State may:
(a) Suspend the registration of the registrant for not less than 1 year.
(b) Revoke the registration of the registrant for a third or subsequent offense.
(c) Assess a penalty of not more than $1,000 for each violation.
4. Unless a greater penalty is provided pursuant to NRS 240A.290, a registrant who is found guilty in a criminal prosecution of violating the provisions of subsection 1 shall be punished by a fine of not less than $100 or more than $5,000 for each violation.
Sec. 6. NRS 240A.240 is hereby amended to read as follows:
240A.240 1. A registrant shall not:
(a) After the date of the last service performed for a client, retain any fees or costs for services not performed or costs not incurred.
(b) Make, orally or in writing:
κ2023 Statutes of Nevada, Page 1520 (CHAPTER 242, SB 349)κ
(1) A promise of the result to be obtained by the filing or submission of any document, unless the registrant has some basis in fact for making the promise;
(2) A statement that the registrant has some special influence with or is able to obtain special treatment from the court or agency with which a document is to be filed or submitted; or
(3) A false or misleading statement to a client if the registrant knows that the statement is false or misleading or knows that the registrant lacks a sufficient basis for making the statement.
(c) Except as otherwise provided in subsection 3, in any advertisement or written description of the registrant or the services provided by the registrant, or on any letterhead or business card of the registrant, use the term legal aid, legal services, law office, notario, notario publico, notary public, notary, paralegal, legal assistant, licensed, licenciado, attorney, lawyer or any similar term, in English, Spanish or any other language, which implies that the registrant:
(1) Offers services without charge if the registrant does not do so;
(2) Is an attorney authorized to practice law in this State; or
(3) Is acting under the direction and supervision of an attorney.
(d) Represent himself or herself, orally or in writing, as a paralegal or legal assistant which implies that the registrant is acting under the direction and supervision of an attorney licensed to practice law in this State.
(e) Except as otherwise provided in subsection 2, negotiate with another person concerning the rights or responsibilities of a client, communicate the position of a client to another person or convey the position of another person to a client.
(f) Except as otherwise provided in subsection 2, appear on behalf of a client in a court proceeding or other formal adjudicative proceeding, unless the registrant is ordered to appear by the court or presiding officer.
(g) Except as otherwise provided in subsection 2, provide any advice, explanation, opinion or recommendation to a client about possible legal rights, remedies, defenses, options or the selection of documents or strategies, except that a registrant may provide to a client published factual information, written or approved by an attorney, relating to legal procedures, rights or obligations.
(h) Seek or obtain from a client a waiver of any provision of this chapter. Any such waiver is contrary to public policy and void.
2. The provisions of paragraphs (e), (f) and (g) of subsection 1 do not apply to a registrant to the extent that compliance with such provisions would violate federal law.
3. A registrant who is also a notary public appointed by the Secretary of State pursuant to chapter 240 of NRS and in good standing with the Secretary of State may, in any advertisement or written description of the registrant or the services provided by the registrant, use the term notary public.
4. If the Secretary of State finds a registrant in violation of the provisions of subsection 1, the Secretary of State may:
(a) Suspend the registration of the registrant for not less than 1 year.
(b) Revoke the registration of the registrant for a third or subsequent offense.
(c) Assess a penalty of not more than $1,000 for each violation.
κ2023 Statutes of Nevada, Page 1521 (CHAPTER 242, SB 349)κ
Sec. 7. NRS 240A.260 is hereby amended to read as follows:
240A.260 1. If the Secretary of State obtains information that a provision of this chapter or a regulation or order adopted or issued pursuant thereto has been violated by a registrant or another person, the Secretary of State may conduct or cause to be conducted an investigation of the alleged violation.
2. If, within a reasonable period of time, a registrant fails to provide the Secretary of State with any information requested by the Secretary of State during an investigation of an alleged violation by the registrant, the Secretary of State may suspend or refuse to renew the registration of the registrant.
3. If, after investigation, the Secretary of State determines that a violation has occurred, the Secretary of State may:
(a) Serve, by certified mail addressed to the person who has committed the violation, a written order directing the person to cease and desist from the conduct constituting the violation. The order must notify the person that any willful violation of the order may subject the person to prosecution and criminal penalties pursuant to NRS 240A.290 and [civil] penalties pursuant to this section and NRS 240A.280.
(b) If a registrant has committed the violation:
(1) [Begin proceedings pursuant to NRS 240A.270 to revoke] Revoke or suspend the registration of the registrant; or
(2) [After a hearing on the matter, impose] Impose a [civil] penalty of not more than $1,000 for each violation. The authority of the Secretary of State to impose a [civil] penalty applies regardless of whether the person is still a registrant at the time [of the hearing] that the penalty is imposed so long as the person was a registrant at the time that he or she committed the violation. The Secretary of State shall afford any person upon whom such a penalty is imposed an opportunity for a hearing pursuant to the provisions of NRS 233B.121.
(c) If a person engaged in the business of a document preparation service and was not a registrant at the time of the violation, after a hearing on the matter, impose a [civil] penalty for each violation of not more than $5,000 or the amount of economic benefit derived from the violation, whichever is greater.
(d) Refer the alleged violation to the Attorney General or a district attorney for commencement of a civil action against the person pursuant to NRS 240A.280.
(e) Refer the alleged violation to the Attorney General or a district attorney for prosecution of the person pursuant to NRS 240A.290.
(f) Take any combination of the actions described in this subsection.
[3.] 4. Any person who is aware of a violation of this chapter by a document preparation service, a person applying for registration as a document preparation service or a person who is engaging in the business of a document preparation service and is not registered by the Secretary of State pursuant to this chapter may file a complaint with the Secretary of State setting forth the details of the violation that are known by the person who is filing the complaint.
[4.] 5. If the Secretary of State receives a complaint alleging a violation of this chapter, the Secretary of State shall notify the document preparation service or other person who is the subject of the complaint. The notice:
(a) Must be sent by certified mail;
(b) Is deemed to have been received 3 days after the notice is mailed;
κ2023 Statutes of Nevada, Page 1522 (CHAPTER 242, SB 349)κ
(c) Must include, without limitation:
(1) A description of each allegation contained in the complaint;
(2) A statement of each statutory provision which the document preparation service or other person is alleged to have violated;
(3) An explanation of any disciplinary action that may be taken against the document preparation service or other person if the Secretary of State determines that the alleged violation occurred;
(4) A statement that the document preparation service or other person must respond to the notice not later than 15 days after the notice is received; and
(5) Instructions on the manner in which the document preparation service or other person may respond to the notice.
6. Any determination by the Secretary of State that a provision of this chapter or a regulation or order adopted or issued pursuant thereto has been violated by a registrant or another person and the imposition of any [civil] penalty by the Secretary of State pursuant to this section is a public record.
Sec. 8. NRS 240A.270 is hereby amended to read as follows:
240A.270 1. The Secretary of State may deny, suspend, revoke or refuse to renew the registration of any person who violates a provision of this chapter or a regulation or order adopted or issued pursuant thereto. Except as otherwise provided in [subsections 2 and 3,] this section, a suspension or revocation may be imposed only after a hearing. The registration of a registrant may be suspended or revoked by the Secretary of State pending a hearing if the Secretary of State believes it is in the public interest or is necessary to protect the public.
2. The Secretary of State may suspend the registration of any person who is also appointed as a notary public pursuant to NRS 240.010 and whose appointment as a notary public is suspended for violating the provisions of NRS 240.001 to 240.169, inclusive, or a regulation or order adopted or issued pursuant thereto. If the Secretary of State suspends the registration of a registrant pursuant to this subsection:
(a) The Secretary of State shall notify the registrant in writing of the suspension.
(b) The registrant may have his or her registration as a document preparation service reinstated by the Secretary of State if his or her registration as a document preparation service has not expired during the suspension upon a showing that his or her suspension as a notary public has been lifted.
3. Except as otherwise provided in subsection 2, the Secretary of State shall immediately revoke the registration of a registrant upon the receipt of an official document or record showing:
(a) The entry of a judgment or conviction; or
(b) The occurrence of any other event,
Κ that would disqualify the registrant from registration pursuant to subsection 2 of NRS 240A.100.
4. Upon the suspension or revocation of or refusal to renew the registration of a document preparation service pursuant to this section, the Secretary of State shall notify the Department of Motor Vehicles of the name of the document preparation service for the purposes of NRS 481.062.
Sec. 9. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 1523κ
Senate Bill No. 281Senator Nguyen
CHAPTER 243
[Approved: June 9, 2023]
AN ACT relating to public utilities; requiring certain public utilities to file with the Public Utilities Commission of Nevada a triennial plan designed to meet the current and future demand for natural gas at the lowest reasonable cost to the public utility and its customers; prohibiting certain public utilities from filing a general rate application under certain circumstances; revising provisions governing certain regulations the Commission is required to adopt with respect to certain public utilities; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a utility which supplies natural gas in this State to file annually with the Public Utilities Commission of Nevada an informational report describing certain information regarding the demand for natural gas, certain costs related to the provision of gas service and sources of planned acquisitions of natural gas. (NRS 704.991) Section 14 of this bill replaces the requirement to file an annual informational report with a requirement for a public utility which purchases natural gas for resale to 10 or more customers in this State to file with the Commission, on or before October 1, 2025, and on or before October 1 of every third year thereafter, a plan designed to meet the current and future needs for natural gas at the lowest reasonable cost to the public utility and its customers. Section 14 requires the plan to include certain information related to the provision of gas service by the utility, including certain expenses of the utility and certain activities and programs that the utility plans to engage in. Section 14 requires the Commission to require each public utility to meet with personnel from the Commission and the Bureau of Consumer Protection in the Office of the Attorney General and any other interested persons at least 4 months before filing the plan or within a reasonable period before filing an amendment to an existing plan to provide an overview of the plan or amendment.
Sections 2-10 of this bill define terms related to the plan required to be filed by a public utility.
Section 11 of this bill requires the Commission to convene a public hearing on the adequacy of the plan and establishes certain determinations regarding the plan that the Commission is required to make following such a hearing.
Section 12 of this bill requires the Commission to issue an order accepting or modifying the plan, and any amendment to the plan, within a certain period of time and authorizes the public utility to respond to any modifications to the plan made by the Commission. Section 12 provides that a plan or an amendment to a plan that is accepted by the Commission shall be deemed prudent and a public utility is authorized to recover all prudently incurred costs for the reasonable implementation of such a plan or amendment.
Section 13 of this bill prohibits a public utility which purchases natural gas for resale to 10 or more customers in this State from filing a general rate application within 180 days before or after the filing of a plan.
Existing law requires the Commission to adopt regulations authorizing a public utility which purchases natural gas for resale to expand the infrastructure of the public utility in a manner consistent with a program of economic development. (NRS 704.9925) Section 16 of this bill instead requires the Commission to adopt regulations authorizing a public utility which purchases natural gas for resale to 10 or more customers in this State to include in the plan required to be filed by the public utility a proposal to expand its infrastructure in a manner consistent with a program of economic development.
κ2023 Statutes of Nevada, Page 1524 (CHAPTER 243, SB 281)κ
Section 15 of this bill removes the existing requirement for the Commission to adopt certain regulations establishing methods and programs that remove financial disincentives which discourage a public utility which purchases natural gas for resale from supporting energy conservation.
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 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. As used in NRS 704.991, 704.992 and 704.9925, and sections 3 to 13, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 10, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3. Carbon capture, use and storage means the capture of greenhouse gas emissions, including, without limitation, through direct air capture, that would otherwise be released into the atmosphere.
Sec. 4. Carbon-neutral natural gas means natural gas accompanied by offsetting measures to balance greenhouse gas emissions generated when natural gas is combusted.
Sec. 5. Carbon offset means a reduction in greenhouse gas emissions or an increase in carbon capture, use and storage used to compensate for greenhouse gas emissions that occur elsewhere.
Sec. 6. Energy efficiency and conservation means a reduction in energy intensity or energy consumption.
Sec. 6.5. Greenhouse gas has the meaning ascribed to it in NRS 445B.137.
Sec. 7. Load management means the practice of adjusting or reshaping energy usage from one period to another.
Sec. 8. (Deleted by amendment.)
Sec. 9. Responsibly sourced or transported natural gas means geologic natural gas that is produced or transported with methane emission intensity levels that are below a certain threshold and using processes that demonstrate best practices for production and transportation.
Sec. 10. Significant operational or capital requirements means the construction of a new transmission, distribution, compression or storage facility or the rehabilitation, replacement, modification, upgrade, uprate or update of existing facilities, or any planned series of such activities addressing the same need, in which the anticipated cost exceeds the threshold established by the Commission pursuant to subsection 3 of NRS 704.991.
Sec. 11. 1. After a public utility has filed its plan pursuant to NRS 704.991, the Commission shall convene a public hearing on the adequacy of the plan.
2. The Commission shall determine the parties to the public hearing on the adequacy of the plan. A person or governmental entity may petition the Commission for leave to intervene as a party. The Commission must grant a petition to intervene as a party in the hearing if the person or entity has relevant material evidence to provide concerning the adequacy of the plan. The Commission may limit participation of an intervener in the hearing to avoid duplication and may prohibit continued participation in the hearing by an intervener if the Commission determines that continued participation will unduly broaden the issues, will not provide additional relevant material evidence or is not necessary to further the public interest.
κ2023 Statutes of Nevada, Page 1525 (CHAPTER 243, SB 281)κ
hearing to avoid duplication and may prohibit continued participation in the hearing by an intervener if the Commission determines that continued participation will unduly broaden the issues, will not provide additional relevant material evidence or is not necessary to further the public interest.
3. In addition to any party to the hearing, any interested person may make comments to the Commission regarding the contents and adequacy of the plan.
4. After the hearing, the Commission shall determine whether:
(a) The forecast requirements of the public utility are based on substantially accurate data and an adequate method of forecasting.
(b) The plan identifies and takes into account any present and projected changes in the demand for natural gas.
(c) The plan adequately demonstrates the need for and cost-effectiveness of the proposed activities and investments, as applicable.
(d) The plan identifies the mix of geologic and commercially-available nongeologic gas supply, energy efficiency and conservation programs and activities and investments designed to meet the current and future needs for natural gas at the lowest reasonable cost to the public utility and its customers.
(e) To the extent the plan includes commercially-available nongeologic gas supply options, the plan identifies and considers any present and projected changes in greenhouse gas emissions as a result of the proposed activities.
(f) The plan adequately mitigates adverse impacts on low-income and historically underserved communities.
Sec. 12. 1. After a public utility has filed the plan required pursuant to NRS 704.991, the Commission shall issue an order accepting or modifying the plan or specifying any portions of the plan it deems to be inadequate within 210 days. If the Commission issues an order modifying the plan, the public utility may consent to or reject some or all of the modifications by filing with the Commission a notice to that effect. Any such notice must be filed not later than 30 days after the date of issuance of the order.
2. If a public utility files an amendment to a plan, the Commission shall issue an order accepting or modifying the amendment or specifying any portions of the amendment it deems to be inadequate within 180 days after the filing of the amendment. If the Commission issues an order modifying the amendment, the public utility may consent to or reject some or all of the modifications by filing with the Commission a notice to that effect. Any such notice must be filed not later than 30 days after the date of issuance of the order.
3. Except as otherwise provided by this chapter, a plan filed pursuant to NRS 704.991 or an amendment to such a plan that is accepted by the Commission shall be deemed to be prudent and the public utility shall recover all prudently incurred costs for the reasonable implementation of such a plan or amendment. For the purposes of this subsection, a plan or amendment shall be deemed accepted by the Commission only as to that portion of the plan or amendment accepted as filed or modified with the consent of the public utility pursuant to subsection 1 or 2.
Sec. 13. A public utility which purchases natural gas for resale to 10 or more customers in this State shall not file a general rate application:
κ2023 Statutes of Nevada, Page 1526 (CHAPTER 243, SB 281)κ
1. During the 180 days immediately preceding the date on which the public utility is required to file a plan pursuant to NRS 704.991; or
2. Within 180 days after any date on which the public utility files a plan pursuant to NRS 704.991.
Sec. 14. NRS 704.991 is hereby amended to read as follows:
704.991 1. To ensure all energy users continue to have access to safe, reliable, sustainable and affordable energy resources for their homes and businesses, a public utility which [supplies] purchases natural gas for resale to 10 or more customers in this state shall, on or before October 1, 2025, and every third year thereafter, file [annually] with the Commission [, in a format prescribed by the Commission, an informational report which describes:
1.] a plan designed to meet the current and future needs for natural gas at the lowest reasonable cost to the public utility and its customers. The Commission shall prescribe by regulation the contents of such a plan, including, without limitation:
(a) The anticipated demand for natural gas made on [its] the system of the public utility by its customers;
[2.] (b) The estimated cost of supplying natural gas sufficient to meet the demand and the means by which the public utility proposes to minimize that cost;
[3.] (c) The sources of planned acquisitions of natural gas, including an estimate of the cost and quantity of the acquisitions to be made from each source and an assessment of the reliability of the source; [and
4.] (d) Significant operational or capital requirements of the public utility related to its provision of gas service in this state [.] that the public utility plans to implement within the 3 years immediately following the date on which the plan is filed with the Commission;
(e) Activities and programs that will be implemented by the public utility to promote energy efficiency and conservation;
(f) Renewable natural gas activities described in subsection 3 of NRS 704.9997 that will be engaged in by the public utility and any other proposed activities or expenses of the public utility related to commercially-available nongeologic gas supplies, carbon offsets, load management or carbon capture, use and storage;
(g) An analysis in support of the plan based on information available at the time the plan is filed, including, without limitation:
(1) An assessment of supplies of geologic and commercially available nongeologic gas, including, without limitation, renewable natural gas, carbon-neutral natural gas and responsibly sourced or transported natural gas;
(2) An assessment of opportunities for gas storage, including, without limitation, contracted storage and storage owned by the public utility;
(3) An assessment of the capability and reliability of pipelines used for transmission;
(4) An analysis of the greenhouse gas emissions reasonably expected to be avoided or reduced through the plan, including, without limitation:
(I) An explanation of the methodology used by the public utility to calculate the greenhouse gas emissions that are expected from the use of natural gas by customers of the public utility; and
κ2023 Statutes of Nevada, Page 1527 (CHAPTER 243, SB 281)κ
(II) An estimate of the reductions in greenhouse gas emissions attributable to specific activities or investments of the public utility;
(5) A comparative evaluation of the cost of supply purchasing strategies, storage options, delivery resources and improvements in energy efficiency, conservation and load management using generally accepted methods for calculating cost effectiveness; and
(6) An analysis of the estimated impact of the investments and activities planned by the public utility on the rates charged to customers.
2. The Commission shall require each public utility, not less than 4 months before filing a plan required pursuant to this section, or within a reasonable period before filing an amendment to such a plan pursuant to section 12 of this act, to meet with personnel from the Commission and the Bureau of Consumer Protection in the Office of the Attorney General and any other interested persons to provide an overview of the anticipated filing or amendment.
3. The Commission shall prescribe by regulation a cost threshold above which a project is considered a significant operational or capital requirement required to be included in a plan pursuant to paragraph (d) of subsection 1.
Sec. 15. NRS 704.992 is hereby amended to read as follows:
704.992 [1.] The Commission shall adopt regulations to establish [methods and programs for a public utility which purchases natural gas for resale that remove financial disincentives which discourage the public utility from supporting energy conservation, including, without limitation:
(a) Procedures] procedures for a public utility which purchases natural gas for resale to 10 or more customers in this State to have a mechanism established during a general rate application filed pursuant to NRS 704.110 to ensure that the costs of the public utility for providing service are recovered without regard to the difference in the quantity of natural gas actually sold by the public utility by taking into account the adjusted and annualized quantity of natural gas sold during a test year and the growth in the number of customers of the public utility . [;
(b) Procedures for a public utility which purchases natural gas for resale to apply to the Commission for approval of an activity relating to increasing energy efficiency or energy conservation; and
(c) Procedures for a public utility which purchases natural gas for resale to apply to the Commission for the recovery of costs associated with an activity approved by the Commission pursuant to paragraph (b).
2. The regulations adopted pursuant to subsection 1 must ensure that the methods and programs consider the recovery of costs, stabilization of revenue and any reduction of risk for the public utility which purchases natural gas for resale.]
Sec. 16. NRS 704.9925 is hereby amended to read as follows:
704.9925 1. The Commission shall adopt regulations [authorizing] :
(a) Authorizing a public utility which purchases natural gas for resale to 10 or more customers in this State to include in a plan filed pursuant to NRS 704.991 a proposal to expand the infrastructure of the public utility in a manner consistent with a program of economic development ; [, including, without limitation:
(a) Procedures for a public utility which purchases natural gas for resale to apply to the Commission for approval of an activity relating to the expansion of the infrastructure of the public utility in a manner consistent with a program of economic development;] and
κ2023 Statutes of Nevada, Page 1528 (CHAPTER 243, SB 281)κ
expansion of the infrastructure of the public utility in a manner consistent with a program of economic development;] and
(b) [Procedures] Establishing procedures for a public utility which purchases natural gas for resale to 10 or more customers in this State to apply to the Commission for the recovery of costs associated with an activity approved by the Commission [pursuant to paragraph (a).] as part of a plan filed pursuant to NRS 704.991.
2. The regulations adopted pursuant to subsection 1 must ensure the timely recovery by the public utility [which purchases natural gas for resale] of all prudent and reasonable costs associated with the expansion of the infrastructure of the public utility in a manner consistent with a program of economic development through the development of alternative cost-recovery methodologies that balance the interests of persons receiving direct benefits and persons receiving indirect benefits from the expansion of the infrastructure of the public utility.
3. As used in this section, program of economic development means a program to expand the infrastructure of a public utility which purchases natural gas for resale to 10 or more customers in this State that is proposed by the public utility and approved by the Commission for one or more of the following purposes:
(a) Providing natural gas service to unserved and underserved areas within this State;
(b) Accommodating the expansion of existing business customers of the public utility;
(c) Attracting and retaining residential and business customers of the public utility;
(d) Attracting to this State new and diverse businesses and industries which use natural gas and which would otherwise locate or expand their business or industry within this State but for the absence of adequate natural gas infrastructure;
(e) Facilitating the implementation of the State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053; and
(f) Facilitating any policy of the Legislature with respect to economic development in this State.
Secs. 17 and 18. (Deleted by amendment.)
Sec. 19. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 18, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2024, for all other purposes.
________
κ2023 Statutes of Nevada, Page 1529κ
Senate Bill No. 216Committee on Legislative Operations and Elections
CHAPTER 244
[Approved: June 9, 2023]
AN ACT relating to elections; requiring each county and city clerk to schedule certain meetings with each Indian tribe located in whole or in part within the county or city; requiring the Secretary of State to allow a member of an Indian tribe who resides on an Indian reservation or Indian colony to use the system of approved electronic transmission to register to vote and request and cast a ballot; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes an Indian tribe to submit a request to a county or city clerk to establish a polling place or ballot drop box within the boundaries of an Indian reservation or Indian colony on the day of an election or for early voting. (NRS 293.2733, 293.3572, 293C.2675, 293C.3572) Sections 2 and 4 of this bill require each county and city clerk to schedule certain meetings with each Indian tribe located in whole or in part within the county or city to discuss certain details relating to the next regularly scheduled election cycle.
Existing law requires the Secretary of State to establish a system of approved electronic transmission through which certain military and overseas voters and electors and registered voters with a disability may register to vote, apply for a ballot and cast a ballot. (NRS 293.269951, 293D.200) Section 3.5 of this bill requires the Secretary of State to allow electors and registered voters who are tribal members and who reside on an Indian reservation or Indian colony to register to vote and apply for and cast a ballot using the system of approved electronic transmission.
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 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. Each county clerk shall schedule a meeting with each Indian tribe located in whole or in part within the county for, to the extent practicable:
(a) Not later than August 1 of each odd-numbered year to discuss the details for the next regularly scheduled election cycle. Such a meeting may address, without limitation:
(1) The establishment and operation of polling places, temporary branch polling places or ballot drop boxes within an Indian reservation or Indian colony and the size requirements for any such polling places and temporary branch polling places;
(2) The dates and times of the upcoming elections for which polling places, temporary branch polling places or ballot drop boxes may be established;
(3) The deadlines relating to the next regularly scheduled election cycle for the Indian tribe to submit a request pursuant to NRS 293.2733 and 293.3572 for the establishment of polling places, temporary branch polling places or ballot drop boxes;
κ2023 Statutes of Nevada, Page 1530 (CHAPTER 244, SB 216)κ
(4) Responsibilities for the recruitment of election board officers; and
(5) Any other information relating to the establishment and operation of polling places, temporary branch polling places and ballot drop boxes;
(b) Not later than September 1 of each odd-numbered year to confirm any details relating to the establishment and operation of a polling place, temporary branch polling places or ballot drop boxes. Such a meeting may address, without limitation:
(1) Whether the Indian tribe will request or has requested to establish any polling places, temporary branch polling places or ballot drop boxes within an Indian reservation or Indian colony and the size requirements for any such polling places and temporary branch polling places;
(2) The days and hours of any polling place or temporary branch polling place established within an Indian reservation or Indian colony;
(3) Election board officers for any polling place or temporary branch polling place established within an Indian reservation or Indian colony; and
(4) The deadlines relating to the next regularly scheduled election cycle for the Indian tribe to submit a request pursuant to NRS 293.2733 and 293.3572; and
(c) On an ongoing basis during the year of an election if an Indian tribe elects to establish any polling places or temporary branch polling places within an Indian reservation or Indian colony.
2. If a county clerk:
(a) Is unable to make contact with an Indian tribe to carry out the requirements of subsection 1, the county clerk shall contact the Secretary of State to facilitate contact; or
(b) Has not contacted an Indian tribe, a representative of the Indian tribe may contact the Secretary of State to facilitate contact.
3. The tribal liaison designated by the Office of the Secretary Of State pursuant to NRS 233A.260 may assist the county clerk or an Indian tribe to facilitate any contact required pursuant to this section.
Sec. 3. (Deleted by amendment.)
Sec. 3.5. NRS 293.269951 is hereby amended to read as follows:
293.269951 1. The Secretary of State shall allow:
(a) [An elector with a disability] The following electors to use the system of approved electronic transmission established pursuant to NRS 293D.200 to register to vote in every election where the system of approved electronic transmission is available to a covered voter to register to vote [. The deadline for an elector with a disability to use the system of approved electronic transmission to register to vote is the same as the deadline set forth in NRS 293D.230 for a covered voter to register to vote.] :
(1) An elector with a disability; and
(2) An elector who is a tribal member and who resides on an Indian reservation or Indian colony.
(b) [A] The following registered [voter with a disability] voters to use the system of approved electronic transmission established pursuant to NRS 293D.200 to apply for and cast a ballot in every election where the system of approved electronic transmission is available to a covered voter to request and cast a military-overseas ballot [. The deadlines for a registered voter with a disability to use the system of approved electronic transmission to request and cast a ballot are the same as the deadlines set forth in NRS 293D.310 and 293D.400 for a covered voter to request and cast a military-overseas ballot.] :
κ2023 Statutes of Nevada, Page 1531 (CHAPTER 244, SB 216)κ
(1) A registered voter with a disability; and
(2) A registered voter who is a tribal member and who resides on an Indian reservation or Indian colony.
2. The deadline to use the system of approved electronic transmission:
(a) To register to vote for an elector pursuant to paragraph (a) of subsection 1 is the same as the deadline set forth in NRS 293D.230 for a covered voter to register to vote.
(b) To apply for ballot for a registered voter pursuant to paragraph (b) of subsection 1, is the same as the deadline set forth in NRS 293D.310 for a covered voter to request and cast a military-overseas ballot.
(c) To cast a ballot for a registered voter pursuant to paragraph (b) of subsection 1, is the same as the deadline set forth in NRS 293D.400 for a covered voter to request and cast a military-overseas ballot.
3. Upon receipt of an application and ballot cast by a person [with a disability using] authorized pursuant to subsection 1 to use the system of approved electronic transmission established pursuant to NRS 293D.200, the local elections official shall affix, mark or otherwise acknowledge receipt of the application and ballot by means of a time stamp on the application.
[3.] 4. The Secretary of State shall ensure that [an elector with a disability or a registered voter with a disability] a person who is authorized pursuant to subsection 1 may provide his or her digital signature or electronic signature on any document or other material that is necessary for the elector or registered voter to register to vote, apply for a ballot or cast a ballot, as applicable.
[4.] 5. The Secretary of State shall prescribe the form and content of a declaration for use by [an elector with a disability or a registered voter with a disability] a person authorized pursuant to subsection 1 to swear or affirm specific representations pertaining to identity, eligibility to vote, status as such an elector or registered voter and timely and proper completion of a ballot.
[5.] 6. The Secretary of State shall prescribe the duties of the county clerk upon receipt of a ballot sent by a registered voter [with a disability using] authorized pursuant to subsection 1 to use the system of approved electronic transmission, including, without limitation, the procedures to be used in accepting, handling and counting the ballot.
[6.] 7. The Secretary of State shall make available to [an elector with a disability or a registered voter with a disability] a person authorized pursuant to subsection 1 information regarding instructions on using the system for approved electronic transmission to register to vote and apply for and cast a ballot.
[7.] 8. The Secretary of State shall adopt any regulation necessary to carry out the provisions of this section.
[8.] 9. As used in this section:
(a) Covered voter has the meaning ascribed to it in NRS 293D.030.
(b) Digital signature has the meaning ascribed to it in NRS 720.060.
(c) Electronic signature has the meaning ascribed to it in NRS 719.100.
(d) Military-overseas ballot has the meaning ascribed to it in NRS 293D.050.
Sec. 4. Chapter 293C of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each city clerk shall schedule a meeting with each Indian tribe located in whole or in part within the city for, to the extent practicable:
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(a) Not later than August 1 of each odd-numbered year to discuss the details for the next regularly scheduled election cycle. Such a meeting may address, without limitation:
(1) The establishment and operation of polling places, temporary branch polling places or ballot drop boxes within an Indian reservation or Indian colony and the size requirements for any such polling places and temporary branch polling places;
(2) The dates and times of the upcoming elections for which polling places, temporary branch polling places or ballot drop boxes may be established;
(3) The deadlines relating to the next regularly scheduled election cycle for the Indian tribe to submit a request pursuant to NRS 293C.2675 and 293C.3572 for the establishment of polling places, temporary branch polling places or ballot drop boxes;
(4) Responsibilities for the recruitment of election board officers; and
(5) Any other information relating to the establishment and operation of polling places, temporary branch polling places and ballot drop boxes;
(b) Not later than September 1 of each odd-numbered year to confirm any details relating to the establishment and operation of polling places, temporary branch polling places or ballot drop boxes. Such a meeting may address, without limitation:
(1) Whether the Indian tribe will request or has requested to establish any polling places, temporary branch polling places or ballot drop boxes within an Indian reservation or Indian colony and the size requirements for any such polling places and temporary branch polling places;
(2) The days and hours of any polling place or temporary branch polling place established within an Indian reservation or Indian colony;
(3) Election board officers for any polling place or temporary branch polling place established within an Indian reservation or Indian colony; and
(4) The deadlines relating to the next regularly scheduled election cycle for the Indian tribe to submit a request pursuant to NRS 293C.2675 and 293C.3572; and
(c) On an ongoing basis during the year of an election if an Indian tribe elects to establish any polling places or temporary branch polling places within an Indian reservation or Indian colony.
2. If a city clerk:
(a) Is unable to make contact with an Indian tribe to carry out the requirements of subsection 1, the city clerk shall contact the Secretary of State to facilitate contact; or
(b) Has not contacted an Indian tribe, a representative of the Indian tribe may contact the Secretary of State to facilitate contact.
3. The tribal liaison designated by the Office of the Secretary Of State pursuant to NRS 233A.260 may assist a city clerk or an Indian tribe to facilitate any contact required pursuant to this section.
Sec. 5. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 4, inclusive, of this act become effective:
(a) Upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks; and
(b) On January 1, 2024, for all other purposes.
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