[Rev. 3/13/2024 9:51:20 AM]
κ2023 Statutes of Nevada, Page 2657κ
Assembly Bill No. 139Assemblymen Brittney Miller; DSilva, Gonzαlez, Mosca, Nguyen and Torres
Joint Sponsor: Senator Nguyen
CHAPTER 430
[Approved: June 14, 2023]
AN ACT relating to governmental agencies; authorizing an agency of criminal justice that collects demographic information on race or ethnicity to include a category for persons of Middle Eastern or North African descent; requiring any other governmental agency that collects demographic information on race or ethnicity to include a category for persons of Middle Eastern or North African descent; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes certain governmental agencies to collect certain personal information. (Chapter 239B of NRS) Section 1 of this bill authorizes an agency of criminal justice that collects demographic information on race or ethnicity to include a separate category for persons of Middle Eastern or North African descent. Section 1 requires any other governmental agency that collects demographic information on race or ethnicity to include a separate category for persons of Middle Eastern or North African descent.
Section 1 defines agency of criminal justice to mean: (1) any court; and (2) any governmental agency or subunit of any governmental agency which performs a function in the administration of criminal justice pursuant to a statute or executive order, and which allocates a substantial part of its budget to a function in the administration of criminal justice, including, without limitation, a local law enforcement agency, the Nevada Highway Patrol, the Division of Parole and Probation of the Department of Public Safety and the Department of Corrections. (NRS 179A.030)
Section 2 of this bill makes a conforming change to apply the relevant definition of governmental agency to section 1.
Section 2.5 of this bill makes an appropriation to the Division of Welfare and Supportive Services of the Department of Health and Human Services for computer programming to carry out the provisions of this bill.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 239B of NRS is hereby amended by adding thereto a new section to read as follows:
An agency of criminal justice, as defined in NRS 179A.030, that collects information from a person related to the race or ethnicity of the person may include a separate category for persons of Middle Eastern or North African descent. Any other governmental agency that collects information from a person related to the race or ethnicity of the person shall include a separate category for persons of Middle Eastern or North African descent.
κ2023 Statutes of Nevada, Page 2658 (CHAPTER 430, AB 139)κ
Sec. 2. NRS 239B.024 is hereby amended to read as follows:
239B.024 As used in NRS 239B.022 and 239B.026 [,] and section 1 of this act, governmental agency means an officer, board, commission, department, division, bureau, district or any other unit of government of the State or a local government.
Sec. 2.5. 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 the sum of $140,400 for the cost of computer programming to carry out the provisions of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2024, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024.
Sec. 3. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 4. 1. This section becomes effective upon passage and approval.
2. Section 2.5 of this act becomes effective on July 1, 2023.
3. Sections 1, 2 and 3 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.
________
κ2023 Statutes of Nevada, Page 2659κ
Assembly Bill No. 150Assemblywomen Anderson, Considine, Backus, Taylor; Cohen, La Rue Hatch, Summers-Armstrong and Thomas
CHAPTER 431
[Approved: June 14, 2023]
AN ACT relating to education; revising provisions prohibiting the Board of Regents of the University of Nevada from assessing tuition charges against certain students who are Native American; revising provisions requiring the Board of Regents to grant certain waivers of fees for certain students who are Native American; making an appropriation to the Nevada System of Higher Education; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Board of Regents of the University of Nevada to grant a waiver of registration fees, laboratory fees and other mandatory fees assessed each semester for a Native American student who demonstrates that the student: (1) is a member of a federally recognized Indian tribe or nation, all or part of which is located in this State, or who is certified by the enrollment department of such a tribe or nation or by the Bureau of Indian Affairs as being a descendant of an enrolled member of the tribe or nation, regardless of membership status; (2) is eligible for enrollment in a school within the Nevada System of Higher Education; (3) has been a resident of this State for at least 1 year; (4) has maintained at least a 2.0 grade point average, on a 4.0 scale, each semester, or the equivalent of a 2.0 grade point average if a different scale is used; and (5) has completed the Free Application for Federal Student Aid. (NRS 396.5449) Section 1.3 of this bill: (1) allows a student who is a member or descendant of an Indian tribe or nation located outside of this State and who meets all other requirements to receive such a waiver; and (2) revises the residency requirement to include students who are bona fide residents of this State, who are members or descendants of Indian tribes or nations located at least partially in this State or who have resided on qualified tribal land for at least 1 year.
Existing law requires the waiver to be granted to a student who enrolls in any program offered by a school within the System, including, without limitation, a trade or vocational program, a graduate program or a professional program. (NRS 396.5449) Existing law provides that a pupil enrolled in high school may earn college credit for a dual credit course taken while in high school and apply the credit received for such a course to the total number of credits required for graduation from his or her high school. (NRS 389.160) Section 1.3: (1) clarifies that the waiver applies to any course or program, whether for a degree or not, offered during any academic period; and (2) requires the waiver to be granted to an eligible student who enrolls in a dual credit course offered by a school within the System.
Existing law requires the amount of the waiver to be limited based on the federal education benefits to which a student is entitled during a semester. (NRS 396.5449) Section 1.3 removes this requirement and instead requires the amount of the waiver to equal the full amount of the registration fees, laboratory fees and any other mandatory fees assessed against the student for that semester.
Existing law prohibits the Board of Regents from assessing tuition charges against certain students. (NRS 396.540, 396.5449) Section 1 of this bill makes a conforming change to reflect the prohibition against the Board of Regents assessing tuition charges against students who have been granted the waiver. Section 1.7 of this bill makes an appropriation to the System to defray the cost of granting the waiver.
κ2023 Statutes of Nevada, Page 2660 (CHAPTER 431, AB 150)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 396.540 is hereby amended to read as follows:
396.540 1. For the purposes of this section:
(a) Bona fide resident shall be construed in accordance with the provisions of NRS 10.155 and policies established by the Board of Regents, to the extent that those policies do not conflict with any statute. The qualification bona fide is intended to ensure that the residence is genuine and established for purposes other than the avoidance of tuition.
(b) Matriculation has the meaning ascribed to it in regulations adopted by the Board of Regents.
(c) Tuition charge means a charge assessed against students who are not residents of Nevada and which is in addition to registration fees or other fees assessed against students who are residents of Nevada.
2. The Board of Regents may fix a tuition charge for students at all campuses of the System, but tuition charges must not be assessed against:
(a) All students whose families have been bona fide residents of the State of Nevada for at least 12 months before the matriculation of the student at a university, state college or community college within the System;
(b) All students whose families reside outside of the State of Nevada, providing such students have themselves been bona fide residents of the State of Nevada for at least 12 months before their matriculation at a university, state college or community college within the System;
(c) All students whose parent, legal guardian or spouse is a member of the Armed Forces of the United States who:
(1) Is on active duty and stationed at a military installation in the State of Nevada or a military installation in another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California; or
(2) Was on active duty and stationed at a military installation in the State of Nevada or a military installation in another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California, on the date on which the student is admitted to an institution of the System if such students enroll and maintain continuous enrollment at an institution of the System;
(d) All students who are using benefits under the Marine Gunnery Sergeant John David Fry Scholarship pursuant to 38 U.S.C. § 3311(b)(8);
(e) All public school teachers who are employed full-time by school districts in the State of Nevada;
(f) All full-time teachers in private elementary, secondary and postsecondary educational institutions in the State of Nevada whose curricula meet the requirements of chapter 394 of NRS;
(g) Employees of the System who take classes other than during their regular working hours;
κ2023 Statutes of Nevada, Page 2661 (CHAPTER 431, AB 150)κ
(h) Members of the Armed Forces of the United States who are on active duty and stationed at a military installation in the State of Nevada or a military installation in another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California;
(i) Veterans of the Armed Forces of the United States who were honorably discharged and who were on active duty while stationed at a military installation in the State of Nevada or a military installation in another state which has a specific nexus to this State, including, without limitation, the Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California, on the date of discharge;
(j) Except as otherwise provided in subsection 3, veterans of the Armed Forces of the United States who were honorably discharged;
(k) Veterans of the Armed Forces of the United States who have been awarded the Purple Heart;
(l) All students who are:
(1) Veterans using Post-9/11 Educational Assistance pursuant to 38 U.S.C. §§ 3301 to 3327, inclusive, and became eligible for such benefits on or after January 1, 2013; or
(2) Spouses or dependents using Post-9/11 Educational Assistance pursuant to 38 U.S.C. §§ 3301 to 3327, inclusive;
(m) All students who are using Survivors and Dependents Educational Assistance pursuant to 38 U.S.C. §§ 3500 to 3566, inclusive; [and]
(n) Students who graduated from a high school located in this State, regardless of whether the student or the family of the student have been bona fide residents of the State of Nevada for at least 12 months before the matriculation of the student at a university, state college or community college within the System [.] ; and
(o) All students who have been granted a waiver pursuant to NRS 396.5449.
3. The Board of Regents may grant more favorable exemptions from tuition charges for veterans of the Armed Forces of the United States than the exemptions provided pursuant to subsection 2, if required for the receipt of federal money.
4. The Board of Regents may grant exemptions from tuition charges each semester to other worthwhile and deserving students from other states and foreign countries, in a number not to exceed a number equal to 3 percent of the total matriculated enrollment of students for the last preceding fall semester.
Sec. 1.3. NRS 396.5449 is hereby amended to read as follows:
396.5449 1. The Board of Regents shall grant a waiver of the payment of registration fees, laboratory fees and any other mandatory fees assessed each semester against a student who : [is Native American and demonstrates that the student:]
(a) Is a member of a federally recognized Indian tribe or nation [, all or part of which is located within the boundaries of this State,] or [who is]
κ2023 Statutes of Nevada, Page 2662 (CHAPTER 431, AB 150)κ
certified by the enrollment department of such a tribe or nation or by the Bureau of Indian Affairs as being a descendant of an enrolled member of [such] a tribe or nation, [all or part of which is located within the boundaries of this State,] regardless of membership status;
(b) Is eligible for enrollment in a school within the System [;] , including, without limitation, enrollment in a dual credit course through a program for dual credit;
(c) [Has been a] Is:
(1) A bona fide resident of this State , as defined in NRS 396.540;
(2) A member or descendant of an enrolled member of an Indian tribe or nation, all or part of which is located within the boundaries of this State; or
(3) Currently a resident on qualified tribal land, whether his or her actual residence was located within or outside of the boundaries of this State, and has been such a resident for not less than 1 year;
(d) Has maintained at least a 2.0 grade point average, on a 4.0 scale, each semester or the equivalent of a 2.0 grade point average if a different scale is used; and
(e) Has completed the Free Application for Federal Student Aid provided for by 20 U.S.C. § 1090 [.] unless the student is or will be enrolled exclusively in one or more dual credit courses through a program for dual credit.
2. The amount of the waiver must be equal to [:
(a) If the student is entitled to receive any federal educational benefits for a semester, the balance of registration fees, laboratory fees and any other mandatory fees assessed against the student that remain unpaid after the students account has been credited with the full amount of the federal educational benefits to which the student is entitled for that semester; or
(b) If the student is not entitled to receive any federal educational benefits for a semester,] the full amount of the registration fees, laboratory fees and any other mandatory fees assessed against the student for that semester.
3. The waiver must be granted to a student who enrolls in any course or program , whether for a degree or not, offered by a school within the System, including, without limitation, a trade or vocational program, a graduate program , [or] a professional program [.] or a dual credit course through a program for dual credit, offered during any academic period, including courses offered during the summer and between terms or semesters.
4. For the purpose of assessing fees and charges against a person to whom such a waiver is granted, the person shall be deemed to be a bona fide resident of this State.
5. The Board of Regents may request documentation confirming that the student is a member or descendant of a member of a federally recognized Indian tribe or nation . [, all or part of which is located within the boundaries of this State.]
κ2023 Statutes of Nevada, Page 2663 (CHAPTER 431, AB 150)κ
6. As used in this section:
(a) Program for dual credit means a program through which a pupil enrolled in high school, including, without limitation, a pupil enrolled in grade 9, 10, 11 or 12 in a charter school or a pupil enrolled in a program designed to meet the requirements of an adult standard diploma, may enroll in a dual credit course offered by a school within the System.
(b) Qualified tribal land means any real property:
(1) For which legal title is vested in, or held in trust for the benefit of, an Indian tribe or an individual Native American, and which is subject to restrictions against alienation pursuant to federal law; and
(2) Over which a federally recognized Indian tribe or nation, all or part of which is located within the boundaries of this State, exercises governmental power.
Sec. 1.7. 1. There is hereby appropriated from the State General Fund to the Nevada System of Higher Education to defray the cost of granting waivers pursuant to NRS 396.5449 the following sums:
For the Fiscal Year 2023-2024.................................................... $457,449
For the Fiscal Year 2024-2025.................................................... $457,449
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the 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. 2. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 2664κ
Senate Bill No. 497Committee on Finance
CHAPTER 432
[Approved: June 13, 2023]
AN ACT relating to health care; authorizing a state agency to retain money received for the costs of certain arbitrations conducted by an employee of the agency; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires a hospital to provide emergency services and care and to admit certain patients where appropriate, regardless of the financial status of the patient. (NRS 439B.410) Existing law prescribes a procedure for determining the amount that a third party insurer must pay for medically necessary emergency services rendered by an out-of-network provider to a person covered by the third party. (NRS 439B.748, 439B.751) Under existing law, if the third party and the out-of-network provider fail to agree on the amount to be paid, the parties are required to arbitrate the dispute. Existing law authorizes a qualified employee of the State to conduct an arbitration for a claim of less than $5,000. Existing law also requires the losing party of such an arbitration to pay the costs of the arbitrator. (NRS 439B.754) Except where specifically provided otherwise, existing law requires that any money which belongs to the State be credited to the State General Fund. (NRS 353.249) Section 1 of this bill authorizes a state agency whose employee serves as an arbitrator of a dispute between a third party and an out-of-network provider to retain the money paid for the costs of the arbitrator, instead of such money being credited to the State General Fund. Section 2 of this bill provides that the provisions of section 1 apply to any money collected by a state agency under such circumstances on or after July 1, 2022.
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 439B.754 is hereby amended to read as follows:
439B.754 1. An out-of-network provider shall accept or reject an amount paid pursuant to subsection 2 of NRS 439B.748 or paragraph (c) of subsection 1 or subsection 2 of NRS 439B.751 as payment in full for the medically necessary emergency services for which the payment was offered within 30 days after receiving the payment. If an out-of-network provider fails to comply with the requirements of this section, the amount paid shall be deemed accepted as payment in full for the medically necessary emergency services for which the payment was offered 30 days after the out-of-network provider received the payment.
2. If an out-of-network provider rejects the amount paid as payment in full, the out-of-network provider must request from the third party an additional amount which, when combined with the amount previously paid, the out-of-network provider is willing to accept as payment in full for the medically necessary emergency services.
κ2023 Statutes of Nevada, Page 2665 (CHAPTER 432, SB 497)κ
3. If the third party refuses to pay the additional amount requested by the out-of-network provider pursuant to subsection 2 or fails to pay that amount within 30 days after receiving the request for the additional amount, the out-of-network provider must request a list of five randomly selected arbitrators from an entity authorized by regulations of the Director of the Department to provide such arbitrators. Such regulations must require:
(a) For claims of less than $5,000, the use of arbitrators who will conduct the arbitration in an economically efficient manner. Such arbitrators may include, without limitation, qualified employees of the State and arbitrators from the voluntary program for the use of binding arbitration established in the judicial district pursuant to NRS 38.255 or, if no such program has been established in the judicial district, from the program established in the nearest judicial district that has established such a program.
(b) For claims of $5,000 or more, the use of arbitrators from nationally recognized providers of arbitration services, which may include, without limitation, the American Arbitration Association, JAMS or their successor organizations.
4. Upon receiving the list of randomly selected arbitrators pursuant to subsection 3, the out-of-network provider and the third party shall each strike two arbitrators from the list. If one arbitrator remains, that arbitrator must arbitrate the dispute concerning the amount to be paid for the medically necessary emergency services. If more than one arbitrator remains, an arbitrator randomly selected from the remaining arbitrators by the entity that provided the list of arbitrators pursuant to subsection 3 must arbitrate that dispute.
5. The out-of-network provider and the third party shall participate in binding arbitration of the dispute concerning the amount to be paid for the medically necessary emergency services conducted by the arbitrator selected pursuant to subsection 4. The out-of-network provider or third party may provide the arbitrator with any relevant information to assist the arbitrator in making a determination.
6. The arbitrator shall require:
(a) The out-of-network provider to accept as payment in full for the provision of the medically necessary emergency services, except for any copayment, coinsurance or deductible that the coverage requires the covered person to pay for the services when provided by an in-network provider, the amount paid by the third party pursuant to subsection 2 of NRS 439B.748 or paragraph (c) of subsection 1 or subsection 2 of NRS 439B.751, as applicable; or
(b) The third party to pay the additional amount requested by the out-of-network provider pursuant to subsection 2.
7. If the arbitrator requires:
(a) The out-of-network provider to accept the amount paid by the third party pursuant to subsection 2 of NRS 439B.748 or paragraph (c) of subsection 1 or subsection 2 of NRS 439B.751, as applicable, as payment in full for the provision of the medically necessary emergency services, except for any copayment, coinsurance or deductible that the coverage requires the covered person to pay for the services when provided by an in-network provider, the out-of-network provider must pay the costs of the arbitrator.
κ2023 Statutes of Nevada, Page 2666 (CHAPTER 432, SB 497)κ
(b) The third party to pay the additional amount requested by the out-of-network provider pursuant to subsection 2, the third party must pay the costs of the arbitrator.
8. If a qualified employee of the State serves as an arbitrator pursuant to paragraph (a) of subsection 3, the state agency that employs the arbitrator may retain money paid by the out-of-network provider or third party pursuant to subsection 7 for the costs of the arbitrator.
9. An out-of-network provider or a third party must pay its own attorneys fees incurred during the process prescribed by this section.
[9.] 10. Interest does not accrue on any claim for which an offer of payment is rejected pursuant to subsection 1 for the period beginning on the date of the rejection and ending 30 days after the arbitrator renders a decision.
[10.] 11. Except as otherwise provided in this subsection and NRS 439B.760, any decision of an arbitrator pursuant to this section and any documents associated with such a decision are confidential and are not admissible as evidence during a legal proceeding, including, without limitation, a legal proceeding between the third party and the out-of-network provider. The decision of an arbitrator and any documents associated with such a decision may be disclosed and are admissible as evidence during a legal proceeding to enforce the decision.
Sec. 2. The amendatory provisions of this act apply to any money collected on or after July 1, 2022, by a state agency pursuant to subsection 7 of NRS 439B.754 to pay the costs of an arbitrator who is an employee of the state agency.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2023 Statutes of Nevada, Page 2667κ
Senate Bill No. 58Committee on Finance
CHAPTER 433
[Approved: June 13, 2023]
AN ACT relating to the judiciary; revising provisions relating to the employees of the Judicial Department of the State Government; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Governor, within the limits of available money, to employ such persons as the Governor deems necessary to provide staff for the Office of the Governor and requires the Governor to adopt certain rules and policies and determine the salaries and benefits of those employees. (NRS 223.085) Section 1 of this bill provides the Nevada Supreme Court with the same authority with respect to employees of the Judicial Department of the State Government. Sections 7-12 of this bill make conforming changes related to this authority. Section 13 of this bill requires the Nevada Supreme Court to submit quarterly reports to the Interim Finance Committee during the 2023-2025 biennium regarding any changes in salaries for existing positions and the salaries for any new positions.
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 1 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Supreme Court may, within the limits of available money, employ such persons as it deems necessary to provide an appropriate staff for the Judicial Department of the State Government.
2. The Supreme Court shall:
(a) Determine the salaries and benefits of the persons employed pursuant to subsection 1, within limits of money available for that purpose; and
(b) Adopt such rules and policies as it deems appropriate to establish the duties and employment rights of the persons employed pursuant to subsection 1.
Secs. 2-6. (Deleted by amendment.)
Sec. 7. NRS 1.340 is hereby amended to read as follows:
1.340 The Court Administrator, with the approval of the Supreme Court, may appoint and fix , within the limits of legislative appropriations, the compensation of such assistants as are necessary to enable the Court Administrator to perform the duties required by NRS 1.320 to 1.370, inclusive.
Sec. 8. NRS 2.230 is hereby amended to read as follows:
2.230 The Clerk of the Supreme Court may, under the hand and seal of the Clerk, appoint deputies in his or her office [.] , within the limits of legislative appropriations. A deputy so appointed may, during the absence or inability of the Clerk of the Supreme Court, perform all of the duties of a ministerial nature requisite and pertaining to the office.
κ2023 Statutes of Nevada, Page 2668 (CHAPTER 433, SB 58)κ
Sec. 9. NRS 2.240 is hereby amended to read as follows:
2.240 The Clerk of the Supreme Court is authorized to employ , within the limits of legislative appropriations, persons necessary to carry out the duties of his or her office.
Sec. 10. NRS 2.295 is hereby amended to read as follows:
2.295 The Supreme Court, or a majority thereof, is authorized to appoint and employ , within the limits of legislative appropriations, one or more persons to provide for the safety and security of the justices and employees of the Supreme Court and to carry out any necessary police duties at the direction of the Chief Justice to maintain safe and reasonable access to justice for residents of Nevada.
Sec. 11. NRS 2.310 is hereby amended to read as follows:
2.310 The Supreme Court may , within the limits of legislative appropriations, appoint an Official Reporter who must be a certified court reporter and who shall perform such duties as may be required by the Court.
Sec. 12. NRS 2.430 is hereby amended to read as follows:
2.430 1. The Supreme Court may appoint a Librarian, who shall serve at the pleasure of the Supreme Court.
2. The Supreme Court Law Librarian, with the approval of the Supreme Court, may , within the limits of legislative appropriations, employ such personnel as the execution of the Librarians duties and the maintenance and operation of the Library may require.
3. All of the personnel of the Supreme Court Law Library are exempt from the provisions of chapter 284 of NRS, and are entitled to such leaves of absence as the Supreme Court prescribes.
Sec. 13. During the 2023-2025 biennium, the Nevada Supreme Court shall submit a quarterly report to the Interim Finance Committee regarding:
1. Any change made during that calendar quarter to the salaries approved for positions in the Judicial Department Staff Salaries budget account by the 82nd Session of the Nevada Legislature.
2. Any new position created during that calendar quarter and the salary for that position.
Sec. 14. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 2669κ
Senate Bill No. 322Senators Stone, Seevers Gansert, Goicoechea; Cannizzaro, Dondero Loop, Hammond, Hansen, Nguyen and Titus
Joint Sponsors: Assemblymen Yurek, Hardy, Gray, Gallant; Bilbray-Axelrod, Gurr and Hansen
CHAPTER 434
[Approved: June 13, 2023]
AN ACT relating to crimes; revising the penalties for engaging in reckless driving under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law makes it unlawful for a person to drive a vehicle in willful or wanton disregard of the safety of persons or property. Existing law provides that certain unlawful acts, such as driving a vehicle in willful or wanton disregard of the safety of persons or property, constitute reckless driving. (NRS 484B.653) Under existing law, if a driver commits reckless driving and proximately causes substantial bodily harm to or the death of another person, the driver: (1) is guilty of a category B felony; (2) 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; and (3) may be subject to certain additional penalties if the violation is committed in a pedestrian safety zone or a temporary traffic control zone. (NRS 484B.130, 484B.135, 484B.653)
Section 3 of this bill revises the penalty for committing such a violation under certain circumstances. Specifically, section 3 increases the maximum term of imprisonment for the commission of such a violation from 6 years to 10 years, if the violation: (1) involves operating a vehicle at a rate of speed that is 50 miles per hour or more over the posted speed limit; or (2) is committed in a pedestrian safety zone, school zone or school crossing zone. This bill is known as Rexs Law after Rex Patchett.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1 and 2. (Deleted by amendment.)
Sec. 3. NRS 484B.653 is hereby amended to read as follows:
484B.653 1. It is unlawful for a person to:
(a) Drive a vehicle in willful or wanton disregard of the safety of persons or property on a highway or premises to which the public has access.
(b) Drive a vehicle in an unauthorized speed contest on a highway or premises to which the public has access.
(c) Organize an unauthorized speed contest on a highway or premises to which the public has access.
(d) Drive a vehicle in an unauthorized trick driving display on a public highway.
(e) Facilitate an unauthorized trick driving display on a public highway.
Κ A violation of paragraph (a), (b) or (d) of this subsection or subsection 1 of NRS 484B.550 constitutes reckless driving.
2. If, while violating the provisions of subsections 1 to 5, inclusive, of NRS 484B.270, NRS 484B.280, paragraph (a) or (c) of subsection 1 of NRS 484B.283, NRS 484B.350, subsections 1 to 4, inclusive, of NRS 484B.363 or subsection 1 of NRS 484B.600, the driver of a motor vehicle on a highway or premises to which the public has access is the proximate cause of a collision with a pedestrian or a person riding a bicycle, an electric bicycle or an electric scooter, the violation constitutes reckless driving.
κ2023 Statutes of Nevada, Page 2670 (CHAPTER 434, SB 322)κ
NRS 484B.283, NRS 484B.350, subsections 1 to 4, inclusive, of NRS 484B.363 or subsection 1 of NRS 484B.600, the driver of a motor vehicle on a highway or premises to which the public has access is the proximate cause of a collision with a pedestrian or a person riding a bicycle, an electric bicycle or an electric scooter, the violation constitutes reckless driving.
3. A person who violates paragraph (a) of subsection 1 is guilty of a misdemeanor and:
(a) For the first offense, shall be punished:
(1) By a fine of not less than $250 but not more than $1,000; or
(2) By both fine and imprisonment in the county jail for not more than 6 months.
(b) For the second offense, shall be punished:
(1) By a fine of not less than $1,000 but not more than $1,500; or
(2) By both fine and imprisonment in the county jail for not more than 6 months.
(c) For the third and each subsequent offense, shall be punished:
(1) By a fine of not less than $1,500 but not more than $2,000; or
(2) By both fine and imprisonment in the county jail for not more than 6 months.
4. A person who violates paragraph (b) or (c) of subsection 1 or commits a violation which constitutes reckless driving pursuant to subsection 2 is guilty of a misdemeanor and:
(a) For the first offense:
(1) Shall be punished by a fine of not less than $250 but not more than $1,000;
(2) Shall perform not less than 50 hours, but not more than 99 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 6 months.
(b) For the second offense:
(1) Shall be punished by a fine of not less than $1,000 but not more than $1,500;
(2) Shall perform not less than 100 hours, but not more than 199 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 6 months.
(c) For the third and each subsequent offense:
(1) Shall be punished by a fine of not less than $1,500 but not more than $2,000;
(2) Shall perform 200 hours of community service; and
(3) May be punished by imprisonment in the county jail for not more than 6 months.
5. In addition to any fine, community service and imprisonment imposed upon a person pursuant to subsection 4, the court:
(a) Shall issue an order suspending the drivers license of the person for a period of not less than 6 months but not more than 2 years and requiring the person to surrender all drivers licenses then held by the person;
(b) Within 5 days after issuing an order pursuant to paragraph (a), shall forward to the Department any licenses, together with a copy of the order;
(c) For the first offense, may issue an order impounding, for a period of 15 days, any vehicle that is registered to the person who violates paragraph (b) or (c) of subsection 1 if the vehicle is used in the commission of the offense; and
κ2023 Statutes of Nevada, Page 2671 (CHAPTER 434, SB 322)κ
paragraph (b) or (c) of subsection 1 if the vehicle is used in the commission of the offense; and
(d) For the second and each subsequent offense, shall issue an order impounding, for a period of 30 days, any vehicle that is registered to the person who violates paragraph (b) or (c) of subsection 1 if the vehicle is used in the commission of the offense.
6. A person who violates paragraph (d) of subsection 1 is guilty of a gross misdemeanor and:
(a) For the first offense:
(1) Shall be punished by a fine of not less than $1,000 but not more than $1,500;
(2) Shall perform not less than 100 hours, but not more than 199 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 364 days.
(b) For the second offense and each subsequent offense:
(1) Shall be punished by a fine of not less than $1,500 but not more than $2,000;
(2) Shall perform 200 hours of community service; and
(3) May be punished by imprisonment in the county jail for not more than 364 days.
7. A person who violates paragraph (e) of subsection 1 is guilty of:
(a) For the first offense, a misdemeanor and:
(1) Shall be punished by a fine of not more than $1,000;
(2) Shall perform not less than 50 hours, but not more than 99 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 6 months.
(b) For the second offense and each subsequent offense, a gross misdemeanor and:
(1) Shall be punished by a fine of not less than $1,000 and not more than $1,500;
(2) Shall perform not less than 100 hours, but not more than 199 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 364 days.
8. In addition to any fine, community service and imprisonment imposed upon a person pursuant to subsection 6 or 7, the court:
(a) May issue an order suspending the drivers license of the person for a period of not less than 6 months but not more than 2 years and requiring the person to surrender all drivers licenses then held by the person;
(b) Within 5 days after issuing an order pursuant to paragraph (a), shall forward to the Department any licenses, together with a copy of the order; and
(c) May issue an order impounding, for a period of 30 days, any vehicle that is registered to the person if the vehicle is used in the commission of the offense.
9. Unless a greater penalty is provided pursuant to subsection 4 of NRS 484B.550, a person who does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on a highway or premises to which the public has access in willful or wanton disregard of the safety of persons or property, if the act or neglect of duty proximately causes the death of or substantial bodily harm to another person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for :
κ2023 Statutes of Nevada, Page 2672 (CHAPTER 434, SB 322)κ
the death of or substantial bodily harm to another person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for :
(a) Except as otherwise provided in paragraph (b), a minimum term of not less than 1 year and a maximum term of not more than 6 years and by a fine of not less than $2,000 but not more than $5,000.
(b) 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 less than $2,000 but not more than $5,000 if:
(1) The violation involves operating a vehicle at a rate of speed that is 50 miles per hour or more over the posted speed limit; or
(2) The violation is committed in an area designated as a pedestrian safety zone or school zone or a school crossing zone.
10. A person who violates any provision of this section may be subject to any additional penalty set forth in NRS 484B.130 or 484B.135 unless the person is subject to the penalty provided pursuant to subsection 4 of NRS 484B.550.
11. As used in this section:
(a) Facilitate means to plan, schedule or promote, or assist in the planning, scheduling or promotion of, an unauthorized trick driving display or in any other way participate in an unauthorized trick driving display, including, without limitation:
(1) Using a vehicle to divert, slow, impede or otherwise block traffic with the intent to enable or assist an unauthorized trick driving display; or
(2) Filming or otherwise recording an unauthorized trick driving display with the intent to promote an unauthorized trick driving display.
(b) Organize means to plan, schedule or promote, or assist in the planning, scheduling or promotion of, an unauthorized speed contest on a public highway, regardless of whether a fee is charged for attending the unauthorized speed contest.
(c) Trick driving display means using a vehicle to perform tricks, stunts or other maneuvers on a public highway upon which traffic has been diverted, slowed, impeded or blocked to enable the performing of such tricks, stunts or maneuvers or having such tricks, stunts or maneuvers filmed or otherwise recorded.
Sec. 4. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 2673κ
Senate Bill No. 362Senators Neal and Flores
CHAPTER 435
[Approved: June 13, 2023]
AN ACT relating to public safety; requiring a peace officer to ensure that medical aid is rendered to a person who indicates that he or she cannot breathe; requiring each law enforcement agency to adopt certain policies and procedures governing the performance by peace officers of works protected by copyright in certain circumstances; revising provisions governing the establishment of a program for the imprinting of a symbol indicating a medical condition on a drivers license or identification card; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law prohibits a peace officer from placing a person who is in the custody of the peace officer in any position which compresses his or her airway or restricts his or her ability to breathe. Existing law also requires a peace officer to monitor any person who is in the custody of the peace officer for any signs of distress and to take any actions necessary to place such a person in a recovery position if he or she appears to be in distress or indicates that he or she cannot breathe. (NRS 193.305) Section 1 of this bill requires a peace officer to ensure that medical aid is rendered to a person who indicates that he or she cannot breathe by an emergency medical attendant, physician, physician assistant or registered nurse as soon as practicable.
Section 2 of this bill requires each law enforcement agency to adopt written policies and procedures governing the performance of copyrighted works by peace officers employed by the law enforcement agency while on duty, including policies prohibiting a peace officer from performing, or causing the performance of, a copyrighted work for the purpose of preventing or interfering with the dissemination or sharing of a recording of the peace officer performing his or her official duties, with certain exceptions. Section 2 prohibits retaliation or punitive action against a peace officer who discloses information concerning the performance of a copyrighted work in violation of such policies and procedures.
Existing law authorizes the Department of Motor Vehicles to adopt regulations establishing a program for the imprinting of a symbol or other indicator of a medical condition on a drivers license or identification card. (NRS 483.3485, 483.863) Sections 4 and 6 of this bill authorize the Department to adopt regulations establishing a program for the imprinting of a symbol, and not any other indicator, of a medical condition on a drivers license and identification card, respectively. If the Department establishes such a program, sections 4 and 6 additionally require: (1) the Department to adopt a single symbol to represent all applicable medical conditions; (2) the regulations adopted by the Department to provide that a person is eligible to have the symbol indicating a medical condition imprinted on his or her drivers license or identification card if the person is on anticoagulants or has certain specified medical conditions; (3) the Department to maintain a record of the medical condition for which the symbol indicating a medical condition was imprinted on the drivers license or identification card of a person; and (4) the Department to maintain certain information about the program on its Internet website. If the Department establishes such a program, sections 4 and 6 also: (1) authorize the regulations adopted by the Department to provide that a person is eligible to have the symbol indicating a medical condition imprinted on his or her drivers license or identification card to indicate other medical conditions not specified in statute as the Department deems appropriate; and (2) require the Department to provide a means for members of the public to suggest additional medical conditions.
κ2023 Statutes of Nevada, Page 2674 (CHAPTER 435, SB 362)κ
Sections 3 and 5 of this bill make conforming changes in existing provisions relating to the issuance or renewal of a drivers license or identification card for consistency with the revisions made to the program pursuant to sections 4 and 6. Section 7 of this bill requires the Department to include certain information regarding the program on the notifications for renewal of registration issued by the Department for a 12-month period. Section 6.5 of this bill makes an appropriation to the Department for programming costs and necessary system enhancements associated with carrying out the provisions of sections 4, 6 and 7.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 193.305 is hereby amended to read as follows:
193.305 1. In carrying out his or her duties, a peace officer shall not use a choke hold on another person.
2. A peace officer shall not place a person who is in the custody of the peace officer in any position which compresses his or her airway or restricts his or her ability to breathe. A peace officer shall monitor any person who is in the custody of the peace officer for any signs of distress and shall take any actions necessary to place such a person in a recovery position if he or she appears to be in distress or indicates that he or she cannot breathe.
3. If a person who is in the custody of a peace officer indicates that he or she cannot breathe, the peace officer shall ensure that medical aid is rendered to the person by an emergency medical attendant, physician, physician assistant or registered nurse as soon as practicable.
4. If a peace officer, in carrying out his or her duties, uses physical force on another person, the peace officer shall ensure that medical aid is rendered to any person who is injured by the use of such physical force as soon as practicable.
[4.] 5. As used in this section [, choke] :
(a) Choke hold means:
[(a)] (1) A method by which a person applies sufficient pressure to another person to make breathing difficult or impossible, including, without limitation, any pressure to the neck, throat or windpipe that may prevent or hinder breathing or reduce intake of air; or
[(b)] (2) Applying pressure to a persons neck on either side of the windpipe, but not the windpipe itself, to stop the flow of blood to the brain via the carotid arteries.
(b) Emergency medical attendant means a person licensed as an attendant or certified as an emergency medical technician, advanced emergency medical technician or paramedic pursuant to chapter 450B of NRS.
Sec. 2. Chapter 289 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each law enforcement agency shall adopt written policies and procedures governing the performance by peace officers employed by the law enforcement agency of copyrighted works while on duty. Such policies and procedures must:
κ2023 Statutes of Nevada, Page 2675 (CHAPTER 435, SB 362)κ
(a) Except as otherwise provided in paragraph (b), prohibit a peace officer from performing, or causing the performance of, a copyrighted work for the purpose of preventing or interfering with the dissemination or sharing of a recording of the peace officer performing his or her official duties, including, without limitation, the dissemination or sharing of a recording through an Internet website; and
(b) Authorize a peace officer to perform, or cause the performance of, a copyrighted work:
(1) While engaged in an undercover investigation;
(2) When the peace officer is not publicly performing official duties; or
(3) As necessary to ensure the safety of the peace officer at the time the copyrighted work is performed.
2. No retaliatory or punitive action may be taken against a peace officer who discloses information concerning the performance of a copyrighted work in violation of the policies and procedures of a law enforcement agency adopted pursuant to subsection 1.
3. As used in this section:
(a) Copyrighted work means any work protected under Title 17 of the United States Code.
(b) Perform has the meaning ascribed to it in 17 U.S.C. § 101.
Sec. 3. NRS 483.340 is hereby amended to read as follows:
483.340 1. The Department shall, upon payment of the required fee, issue to every qualified applicant a drivers license indicating the type or class of vehicles the licensee may drive.
2. The Department shall adopt regulations prescribing the information that must be contained on a drivers license.
3. The Department may issue a drivers license for purposes of identification only for use by officers of local police and sheriffs departments, agents of the Investigation Division of the Department of Public Safety while engaged in special undercover investigations relating to narcotics or prostitution or for other undercover investigations requiring the establishment of a fictitious identity, federal agents while engaged in undercover investigations, investigators employed by the Attorney General while engaged in undercover investigations, criminal investigators employed by the Secretary of State while engaged in undercover investigations and agents of the Nevada Gaming Control Board while engaged in investigations pursuant to NRS 463.140. An application for such a license must be made through the head of the police or sheriffs department, the Chief of the Investigation Division of the Department of Public Safety, the director of the appropriate federal agency, the Attorney General, the Secretary of State or his or her designee or the Chair of the Nevada Gaming Control Board. Such a license is exempt from the fees required by NRS 483.410. The Department, by regulation, shall provide for the cancellation of any such drivers license upon the completion of the special investigation for which it was issued.
4. Except as otherwise provided in NRS 239.0115, information pertaining to the issuance of a drivers license pursuant to subsection 3 is confidential.
5. It is a misdemeanor for any person to use a drivers license issued pursuant to subsection 3 for any purpose other than the special investigation for which it was issued.
κ2023 Statutes of Nevada, Page 2676 (CHAPTER 435, SB 362)κ
6. At the time of the issuance or renewal of the drivers license, the Department shall:
(a) Give the holder the opportunity to have indicated on his or her drivers license that the holder wishes to be a donor of all or part of his or her body pursuant to NRS 451.500 to 451.598, inclusive, or to refuse to make an anatomical gift of his or her body or part thereof.
(b) Give the holder the opportunity to have indicated whether he or she wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150.
(c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registering as a donor with the donor registry with which the Department has entered into a contract pursuant to this paragraph. To carry out this paragraph, the Department shall, on such terms as it deems appropriate, enter into a contract with a donor registry that is in compliance with the provisions of NRS 451.500 to 451.598, inclusive.
(d) If the Department has established a program for imprinting a symbol [or other indicator of] indicating a medical condition on a drivers license pursuant to NRS 483.3485, give the holder the opportunity to have a symbol [or other indicator of] indicating a medical condition imprinted on his or her drivers license.
(e) Provide to the holder information instructing the holder how to register with the Next-of-Kin Registry pursuant to NRS 483.653 if he or she so chooses.
7. If the holder wishes to make a donation to the Anatomical Gift Account, the Department shall collect the donation and deposit the money collected in the State Treasury for credit to the Anatomical Gift Account.
8. The Department shall submit to the donor registry with which the Department has entered into a contract pursuant to paragraph (c) of subsection 6 information from the records of the Department relating to persons who have drivers licenses that indicate the intention of those persons to make an anatomical gift. The Department shall adopt regulations to carry out the provisions of this subsection.
Sec. 4. NRS 483.3485 is hereby amended to read as follows:
483.3485 1. The Department may adopt regulations establishing a program for the imprinting of a symbol [or other indicator of] indicating a medical condition on a drivers license issued by the Department.
2. [Regulations adopted pursuant to subsection 1 must require the symbol or other indicator of a medical condition which is imprinted on a drivers license to] If the Department establishes a program pursuant to subsection 1:
(a) Except as otherwise provided in this title, the Department shall adopt a single symbol for imprinting on a drivers license to indicate a medical condition and shall not adopt individualized symbols for different medical conditions.
(b) The regulations adopted by the Department must provide that a person is eligible to have the symbol indicating a medical condition imprinted on his or her drivers license if the person is:
κ2023 Statutes of Nevada, Page 2677 (CHAPTER 435, SB 362)κ
(1) On anticoagulants; or
(2) A person with:
(I) Diabetes;
(II) Epilepsy;
(III) Blindness and low vision;
(IV) Deafness;
(V) Coronary atherosclerosis;
(VI) Chronic obstructive pulmonary disease;
(VII) A food allergy;
(VIII) Malignant hyperthermia;
(IX) Sickle cell disease;
(X) Systemic lupus erythematosus;
(XI) Heart disease;
(XII) Hemophilia;
(XIII) Schizophrenia;
(XIV) Depression; or
(XV) A mental illness.
(c) The Department shall maintain a record of the medical condition for which the symbol indicating a medical condition was imprinted on the drivers license of an eligible person. The record must be maintained in the same location and manner as all other records relating to the drivers license of the person, including, without limitation, the records relating to the drivers license of the person that are made available to law enforcement agencies. If the Department maintains such information in the form of a code, the code used must conform with the International Classification of Diseases, Ninth Revision, Clinical Modification, or the most current revision, adopted by the National Center for Health Statistics and the Centers for Medicare and Medicaid Services.
(d) The Department shall maintain on the Internet website of the Department information about the program established pursuant to subsection 1, including, without limitation, the manner in which a person may obtain a drivers license which has been imprinted with a symbol indicating a medical condition.
(e) The regulations adopted by the Department may provide that a person is eligible to have the symbol indicating a medical condition imprinted on his or her drivers license to indicate such other medical conditions not listed in paragraph (b) as the Department deems appropriate. The Department shall provide a means for members of the public to suggest additional medical conditions for inclusion in the regulations adopted by the Department.
3. The Department may apply for and accept any gift, grant, appropriation or other donation to assist in carrying out a program established pursuant to the provisions of this section.
Sec. 5. NRS 483.840 is hereby amended to read as follows:
483.840 1. The form of the identification cards must be similar to that of drivers licenses but distinguishable in color or otherwise.
2. Identification cards do not authorize the operation of any motor vehicles.
3. The Department shall adopt regulations prescribing the information that must be contained on an identification card.
4. At the time of the issuance or renewal of the identification card, the Department shall:
κ2023 Statutes of Nevada, Page 2678 (CHAPTER 435, SB 362)κ
(a) Give the holder the opportunity to have indicated on his or her identification card that the holder wishes to be a donor of all or part of his or her body pursuant to NRS 451.500 to 451.598, inclusive, or to refuse to make an anatomical gift of his or her body or part thereof.
(b) Give the holder the opportunity to indicate whether he or she wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150.
(c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registering as a donor with the donor registry with which the Department has entered into a contract pursuant to this paragraph. To carry out this paragraph, the Department shall, on such terms as it deems appropriate, enter into a contract with a donor registry that is in compliance with the provisions of NRS 451.500 to 451.598, inclusive.
(d) If the Department has established a program for imprinting a symbol or other indicator of a medical condition on an identification card pursuant to NRS 483.863, give the holder the opportunity to have a symbol [or other indicator of] indicating a medical condition imprinted on his or her identification card.
(e) Provide to the holder information instructing the holder how to register with the Next-of-Kin Registry pursuant to NRS 483.653 if he or she so chooses.
5. If the holder wishes to make a donation to the Anatomical Gift Account, the Department shall collect the donation and deposit the money collected in the State Treasury for credit to the Anatomical Gift Account.
6. The Department shall submit to the donor registry with which the Department has entered into a contract pursuant to paragraph (c) of subsection 4 information from the records of the Department relating to persons who have identification cards issued by the Department that indicate the intention of those persons to make an anatomical gift. The Department shall adopt regulations to carry out the provisions of this subsection.
Sec. 6. NRS 483.863 is hereby amended to read as follows:
483.863 1. The Department may adopt regulations establishing a program for the imprinting of a symbol [or other indicator of] indicating a medical condition on an identification card issued by the Department.
2. [Regulations adopted pursuant to subsection 1 must require the symbol or other indicator of a medical condition which is imprinted on an identification card to] If the Department establishes a program pursuant to subsection 1:
(a) Except as otherwise provided in this title, the Department shall adopt a single symbol for imprinting on an identification card to indicate a medical condition and shall not adopt individualized symbols for different medical conditions.
(b) The regulations adopted by the Department must provide that a person is eligible to have the symbol indicating a medical condition imprinted on his or her identification card if the person is:
(1) On anticoagulants; or
(2) A person with:
(I) Diabetes;
(II) Epilepsy;
(III) Blindness and low vision;
(IV) Deafness;
κ2023 Statutes of Nevada, Page 2679 (CHAPTER 435, SB 362)κ
(V) Coronary atherosclerosis;
(VI) Chronic obstructive pulmonary disease;
(VII) A food allergy;
(VIII) Malignant hyperthermia;
(IX) Sickle cell disease;
(X) Systemic lupus erythematosus;
(XI) Heart disease;
(XII) Hemophilia;
(XIII) Schizophrenia;
(XIV) Depression; or
(XV) A mental illness.
(c) The Department shall maintain a record of the medical condition for which the symbol indicating a medical condition was imprinted on the identification card of an eligible person. The record must be maintained in the same location and manner as all other records relating to the identification card of the person, including, without limitation, the records relating to the identification card of the person that are available to law enforcement agencies. If the Department maintains such information in the form of a code, the code used must conform with the International Classification of Diseases, Ninth Revision, Clinical Modification, or the most current revision, adopted by the National Center for Health Statistics and the Centers for Medicare and Medicaid Services.
(d) The Department shall, at the time of the issuance or renewal of an identification card, give the holder the opportunity to have imprinted on his or her identification card a symbol indicating a medical condition.
(e) The Department shall maintain on the Internet website of the Department information about the program established pursuant to subsection 1, including, without limitation, the manner in which a person may obtain an identification card which has been imprinted with a symbol indicating a medical condition.
(f) The regulations adopted by the Department may provide that a person is eligible to have the symbol indicating a medical condition imprinted on his or her identification card to indicate such other medical conditions not listed in paragraph (b) as the Department deems appropriate. The Department shall provide a means for members of the public to suggest additional medical conditions for inclusion in the regulations adopted by the Department.
3. The Department may apply for and accept any gift, grant, appropriation or other donation to assist in carrying out a program established pursuant to the provisions of this section.
Sec. 6.5. 1. There is hereby appropriated from the State Highway Fund to the Department of Motor Vehicles the sum of $127,772 for programming costs and necessary system enhancements associated with carrying out the provisions of sections 4, 6 and 7 of this act.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any
κ2023 Statutes of Nevada, Page 2680 (CHAPTER 435, SB 362)κ
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 Highway Fund on or before September 19, 2025.
Sec. 7. If the Department of Motor Vehicles adopts a program for the imprinting of a symbol indicating a medical condition on a drivers license or identification card issued by the Department pursuant to NRS 483.3485, as amended by section 4 of this act, or 483.863, as amended by section 6 of this act, respectively, the Department shall, 30 days after the date on which the Department first accepts an application for the imprinting of a symbol indicating a medical condition pursuant to NRS 483.3485, as amended by section 4 of this act, or 483.863, as amended by section 6 of this act, and any regulations adopted pursuant thereto, and for 12 calendar months thereafter, print on each notification for renewal of registration mailed by the Department pursuant to NRS 482.280, and on any electronic notification for renewal of registration issued by the Department:
1. A statement notifying the public that an eligible person may have imprinted on his or her drivers license or identification card a symbol indicating a medical condition.
2. The address of the Internet website of the Department where interested persons may obtain more information about the program established pursuant to NRS 483.3485, as amended by section 4 of this act, or 483.863, as amended by section 6 of this act.
Sec. 8. 1. This section becomes effective upon passage and approval.
2. Section 6.5 of this act becomes effective on July 1, 2023.
3. Sections 1 and 2 of this act become effective on October 1, 2023.
4. Sections 3 to 6, inclusive, and 7 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) January 1, 2024, for all other purposes.
________
κ2023 Statutes of Nevada, Page 2681κ
Senate Bill No. 378Senators Cannizzaro and Stone
CHAPTER 436
[Approved: June 13, 2023]
AN ACT relating to common-interest communities; revising the type of documents that are required to be made available on the Internet website or within the electronic portal that is required to be established and maintained by certain unit-owners associations; setting forth certain requirements for an Internet website or electronic portal that provides the ability for a units owner to make certain payments electronically; revising requirements concerning the provision of certain notices by an association; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires each association of a common-interest community that contains 150 or more units to establish and maintain a secure Internet website or electronic portal and make available on the website or within the electronic portal any documents relating to the association. Existing law also requires the Internet website or online portal to provide units owners with the ability to pay assessments electronically. (NRS 116.31069) Section 4 of this bill revises those requirements to: (1) require only certain specified documents concerning the association to be made available on the Internet website or within the electronic portal; and (2) eliminate the requirement that the Internet website or electronic portal provide units owners the ability to pay assessments electronically. Instead, section 1 of this bill authorizes such an Internet website or electronic portal to provide units owners with the ability to pay obligations electronically if certain requirements are met, including, without limitation, the requirement that the association maintains certain insurance and that the executive board of the association makes a determination that providing units owners the ability to make such payments is in the best interest of the association. Section 2 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes.
Existing law requires, in general, any notice required to be given to a units owner by an association and any communication from or other information provided by the association to be delivered to the mailing or electronic mail address designated by the units owner, unless the units owner has opted out of receiving electronic communications or has not designated an electronic mail address. (NRS 116.31068) Section 3 of this bill eliminates those requirements for notice with respect to communications from and other information provided by the association and instead requires, with certain exceptions, such notices to be delivered to the electronic mail address that a units owner designates. Section 3 sets forth the manner in which an association is required to deliver such notices to a units owner who has opted out of receiving electronic notices or who has not designated an electronic mail address at which to receive notices.
κ2023 Statutes of Nevada, Page 2682 (CHAPTER 436, SB 378)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 116 of NRS is hereby amended by adding thereto a new section to read as follows:
1. An Internet website or electronic portal established and maintained by an association pursuant to NRS 116.31069 may provide units owners with the ability to pay obligations electronically only if:
(a) The association, or if the association has contracted with a payment processor, the payment processor, maintains a policy of cybersecurity insurance in a minimum aggregate amount of $5,000,000 that provides coverage for potential losses associated with the unauthorized acquisition of personal information provided to process payments through the Internet website or electronic portal, including, without limitation, losses caused by identity theft.
(b) For an association that has contracted with a payment processor who maintains a policy of cybersecurity insurance described in paragraph (a), the association must maintain its own policy of cybersecurity insurance in a minimum aggregate amount of:
(1) For an association that contains 150 units or less, $250,000;
(2) For an association that contains more than 150 units and not more than 250 units, $500,000; and
(3) For an association that contains 250 units or more, $1,000,000.
(c) The Internet website or electronic portal allows the association or payment processor to suspend the ability of a units owner to make a payment through the Internet website or electronic portal concerning any past due obligation that has been assigned to a third party for collection.
(d) The association or payment processor complies with the requirements of NRS 603A.010 to 603A.290, inclusive, with respect to any personal information collected through the Internet website or online portal.
(e) The executive board of the association has conducted an evaluation of the costs and benefits of providing units owners the ability to pay obligations through the Internet website or electronic portal, including, without limitation, the cost of the cybersecurity insurance required by this section and the potential impact on units owners in the association, and has determined that providing units owners the ability to make such payments through the Internet website or electronic portal is in the best interest of the association.
2. Nothing in this section requires a third party who has been assigned a past due obligation for collection to provide the debtor with the ability to pay the past due obligation through an Internet website or electronic portal.
3. As used in this section:
(a) Cybersecurity insurance means insurance that provides coverage for losses arising out of or relating to data breaches, unauthorized intrusions into an information system, computer viruses, ransomware, identity theft and similar exposures.
(b) Obligation has the meaning ascribed to it in NRS 116.310313.
κ2023 Statutes of Nevada, Page 2683 (CHAPTER 436, SB 378)κ
(c) Payment processor means a person with whom an association has contracted to process payments made through an Internet website or electronic portal established and maintained by an association pursuant to NRS 116.31069 on behalf of the association.
(d) Personal information has the meaning ascribed to it in NRS 603A.040.
Sec. 2. NRS 116.1203 is hereby amended to read as follows:
116.1203 1. Except as otherwise provided in subsections 2 and 3, if a planned community contains no more than 12 units and is not subject to any developmental rights, it is subject only to NRS 116.1106 and 116.1107 unless the declaration provides that this entire chapter is applicable.
2. The provisions of NRS 116.12065 and the definitions set forth in NRS 116.005 to 116.095, inclusive, to the extent that the definitions are necessary to construe any of those provisions, apply to a residential planned community containing more than 6 units.
3. Except for NRS 116.3104, 116.31043, 116.31046 and 116.31138, the provisions of NRS 116.3101 to 116.350, inclusive, and section 1 of this act and the definitions set forth in NRS 116.005 to 116.095, inclusive, to the extent that such definitions are necessary in construing any of those provisions, apply to a residential planned community containing more than 6 units.
Sec. 3. NRS 116.31068 is hereby amended to read as follows:
116.31068 1. Except as otherwise provided in [subsection 3 and unless a units owner opts out of receiving electronic communications or has not designated an electronic mail address,] subsections 2, 3 and 6, an association shall deliver any notice required to be given by the association under this chapter [and any communication from or other information provided by the association] to the [mailing or] electronic mail [addresses] address a units owner designates.
2. Except as otherwise provided in subsection [3,] 6, if a units owner has opted out of receiving electronic [communications, or has not designated an electronic mail address to which a notice, communication or other information can be delivered,] notices, the association may deliver notices [, communications and other information] by:
(a) Hand delivery to each units owner;
(b) Hand delivery, United States mail, postage paid, or commercially reasonable delivery service to the mailing address of each unit; or
(c) Any other method reasonably calculated to provide notice to the units owner.
[2.] 3. Except as otherwise provided in subsection 6, if a units owner has not opted out of receiving electronic notices, but has not designated an electronic mail address at which to receive notices pursuant to this section, the association may deliver any notice required to be given pursuant to this chapter by:
(a) Electronic means, including, without limitation, by electronic mail to an electronic mail address that a units owner has provided to the association but has not designated as the electronic mail address at which to receive notices pursuant to this section; or
(b) Any of the methods specified in subsection 2.
4. A units owner is entitled to designate only one electronic mail address at which to receive notices pursuant to this section.
κ2023 Statutes of Nevada, Page 2684 (CHAPTER 436, SB 378)κ
5. The ineffectiveness of a good faith effort to deliver notice by an authorized means does not invalidate action taken at or without a meeting.
[3.] 6. The provisions of this section do not apply:
(a) To a notice required to be given pursuant to NRS 116.3116 to 116.31168, inclusive; or
(b) If any other provision of this chapter specifies the manner in which a notice [, communication or other information] must be given by an association.
Sec. 4. NRS 116.31069 is hereby amended to read as follows:
116.31069 1. Each association of a common-interest community that contains 150 or more units shall establish and maintain a secure Internet website or electronic portal that may be accessed by any units owner. The association shall make available on the website or within the electronic portal [any] the following documents relating to the common-interest community or the association : [, including, without limitation:]
(a) The governing documents;
(b) [The most recent copy of the declaration of covenants, conditions and restrictions;
(c)] The annual budget of the association and any proposed budgets; and
[(d)] (c) The notices and agendas for any upcoming meetings of the association . [; and
(e) Any other documents required to be posted by law or regulation.]
2. [The Internet website or electronic portal established and maintained pursuant to subsection 1 must provide units owners with the ability to pay assessments electronically.
3.] Each association of a common-interest community that contains fewer than 150 units may, and is encouraged to, establish and maintain a secure Internet website or electronic portal pursuant to subsection 1.
Sec. 5. (Deleted by amendment.)
Sec. 6. This act becomes effective upon passage and approval.
________
κ2023 Statutes of Nevada, Page 2685κ
Senate Bill No. 389Senators Scheible; and Seevers Gansert
CHAPTER 437
[Approved: June 13, 2023]
AN ACT relating to crimes; requiring the preparation and submission of a comprehensive biennial report concerning human trafficking in this State; revising certain requirements for compensation from the Fund for the Compensation of Victims of Crime; revising provisions governing the Contingency Account for Victims of Human Trafficking; renaming the Account; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the payment of compensation from the Fund for the Compensation of Victims of Crime to certain victims of criminal acts and requires an application for such compensation from the Fund to be filed not later than 24 months after the injury or death for which compensation is claimed. (NRS 217.100, 217.180, 217.260) Section 5 of this bill creates an exception to this time limit by authorizing a person who is a victim of sex trafficking or facilitating sex trafficking to file an application for compensation from the Fund not later than 60 months after the injury or death for which compensation is claimed.
Existing law creates the Contingency Account for Victims of Human Trafficking in the State General Fund and requires the Director of the Department of Health and Human Services to administer the Contingency Account. (NRS 217.530) Existing law requires a recipient of an allocation of money from the Contingency Account to use the money only for establishing or providing programs or services to victims of human trafficking. (NRS 217.540) Section 6.2 of this bill renames the Contingency Account for Victims of Human Trafficking as the Account for Victims of Human Trafficking. Section 6.5 of this bill specifies that a recipient of an allocation of money from the Account may use the money for establishing pilot programs for alternatives to law enforcement response to victims of human trafficking. Section 7.5 of this bill makes an appropriation to the Account. Sections 6.1, 6.2 and 8.5 of this bill make conforming changes relating to the renaming of the Account.
Existing law establishes the Center for the Analysis of Crime Statistics within the Department of Criminal Justice at the University of Nevada, Las Vegas. (NRS 396.792) Section 4 of this bill requires certain entities and agencies to submit certain information biennially to the Center and requires the Center to prepare and submit a comprehensive biennial report on human trafficking in this State. Section 6 of this bill makes a conforming change to indicate the proper placement of section 4 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:
Sections 1-3 and 3.5. (Deleted by amendment.)
Sec. 4. Chapter 217 of NRS is hereby amended by adding thereto a new section to read as follows:
1. On or before July 1 of each even-numbered year, each entity designated pursuant to subsection 3 shall, except as otherwise provided in subsection 2, submit to the Center for the Analysis of Crime Statistics established by NRS 396.792:
κ2023 Statutes of Nevada, Page 2686 (CHAPTER 437, SB 389)κ
(a) The annual operating budget of the entity;
(b) A copy of any written policy adopted by the entity concerning:
(1) The manner in which the entity determines whether a person is a victim of human trafficking;
(2) Referrals to resources for victims of human trafficking; and
(3) The detention or citation of victims of human trafficking;
(c) Information concerning the delivery of services for victims of human trafficking, which must include, without limitation:
(1) A description of the services that were provided by the entity during the immediately preceding biennium;
(2) A description of the efforts made by the entity during the immediately preceding biennium to locate victims in need of such services and provide such services to those victims;
(3) The number of victims served by the entity during the immediately preceding biennium; and
(4) The number of victims who were:
(I) Served by the entity during the immediately preceding biennium; and
(II) Arrested or issued a citation during the immediately preceding biennium for conduct related to human trafficking;
(d) The age, gender and race of each:
(1) Victim of human trafficking to whom the entity provided services during the immediately preceding biennium;
(2) Person alleged to have committed the crime of human trafficking against a victim described in subparagraph (1);
(e) The zip code of:
(1) The residence of each person described in paragraph (d);
(2) The location at which any arrest relating to a person described in paragraph (d) occurred; and
(f) Policy recommendations for decreasing human trafficking in this State.
2. The requirements prescribed by subsection 1 do not apply to any written policy, the disclosure of which would, in the determination of the adopting entity, compromise, jeopardize or otherwise threaten the safety or privacy of victims of human trafficking.
3. The following entities shall submit the information required by subsection 1 to the Center:
(a) The State of Nevada Human Trafficking Coalition;
(b) The Nevada Coalition to Prevent the Commercial Sexual Exploitation of Children;
(c) The Nevada Policy Council on Human Trafficking, or its successor organization;
(d) Each local human trafficking task force;
(e) Each recipient of an allocation of money from the Account; and
(f) Any other entity designated by the Chair of the Joint Interim Standing Committee on the Judiciary on or before January 1 of an even-numbered year.
4. On or before July 1 of each even-numbered year, each law enforcement agency in this State shall submit to the Center the number of arrests made or citations issued by the agency for a violation of NRS 201.353 or 201.354 or conduct related to human trafficking during the immediately preceding biennium and the disposition of those cases.
κ2023 Statutes of Nevada, Page 2687 (CHAPTER 437, SB 389)κ
5. On or before July 1 of each odd-numbered year, the Center shall:
(a) Compile the information submitted pursuant to subsections 1 and 4 and prepare a comprehensive report concerning human trafficking in this State; and
(b) Submit the report to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Judiciary.
6. As used in this section:
(a) Account means the Account for Victims of Human Trafficking created by NRS 217.530.
(b) Local human trafficking task force includes, without limitation:
(1) The Northern Nevada Human Trafficking Task Force, or its successor organization; and
(2) The Southern Nevada Human Trafficking Task Force, or its successor organization.
(c) Nevada Coalition to Prevent the Commercial Sexual Exploitation of Children means the Nevada Coalition to Prevent the Commercial Sexual Exploitation of Children established by the Governor pursuant to Executive Order 2016-14, issued on May 31, 2016.
(d) State of Nevada Human Trafficking Coalition means the State of Nevada Human Trafficking Coalition formed pursuant to NRS 217.098.
Sec. 5. NRS 217.100 is hereby amended to read as follows:
217.100 1. Except as otherwise provided in subsection 5, any person eligible for compensation under the provisions of NRS 217.010 to 217.270, inclusive, may apply to the Director for such compensation not later than 24 months after the injury or death for which compensation is claimed [,] or, for a person who is a victim of sex trafficking or facilitating sex trafficking, not later than 60 months after the injury or death for which compensation is claimed, unless waived by the Director or a person designated by the Director for good cause shown, and the personal injury or death was the result of an incident or offense that was reported to the police within 5 days of its occurrence or, if the incident or offense could not reasonably have been reported within that period, within 5 days of the time when a report could reasonably have been made.
2. An order for the payment of compensation must not be made unless the application is made within the time set forth in subsection 1.
3. Where the person entitled to make application is:
(a) A minor, the application may be made on his or her behalf by a parent or guardian.
(b) Mentally incapacitated, the application may be made on his or her behalf by a parent, guardian or other person authorized to administer his or her estate.
4. The applicant must submit with his or her application the reports, if reasonably available, from all physicians who, at the time of or subsequent to the victims injury or death, treated or examined the victim in relation to the injury for which compensation is claimed.
5. The limitations upon payment of compensation established in subsection 1 do not apply to a minor who is sexually abused or who is involved in the production of pornography. Such a minor must apply for compensation before reaching 21 years of age.
6. As used in this section:
κ2023 Statutes of Nevada, Page 2688 (CHAPTER 437, SB 389)κ
(a) Facilitating sex trafficking means a violation of NRS 201.301.
(b) Sex trafficking means a violation of subsection 2 of NRS 201.300.
Sec. 6. NRS 217.500 is hereby amended to read as follows:
217.500 As used in NRS 217.500 to 217.540, inclusive, and section 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 217.510 and 217.520 have the meanings ascribed to them in those sections.
Sec. 6.1. NRS 217.510 is hereby amended to read as follows:
217.510 [Contingency Account] Account means the [Contingency] Account for Victims of Human Trafficking created by NRS 217.530.
Sec. 6.2. NRS 217.530 is hereby amended to read as follows:
217.530 1. The [Contingency] Account for Victims of Human Trafficking is hereby created in the State General Fund.
2. The Director of the Department of Health and Human Services shall administer the [Contingency] Account. The money in the [Contingency] Account:
(a) Must be expended only for the purposes of:
(1) Establishing or providing programs or services to victims of human trafficking; and
(2) Fundraising for the direct benefit of the [Contingency] Account. The total amount of money expended pursuant to this subparagraph in any fiscal year must not exceed $10,000 or 10 percent of the amount of money in the [Contingency] Account at the beginning of that fiscal year, whichever is less.
(b) Is hereby authorized for expenditure as a continuing appropriation for these purposes.
3. The Director may apply for and accept gifts, grants and donations or other sources of money for deposit in the [Contingency] Account.
4. The interest and income earned on the money in the [Contingency] Account, after deducting any applicable charges, must be credited to the [Contingency] Account.
5. Any money remaining in the [Contingency] Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the [Contingency] Account must be carried forward to the next fiscal year.
Sec. 6.5. NRS 217.540 is hereby amended to read as follows:
217.540 1. A nonprofit organization or any agency or political subdivision of this State may apply to the Director of the Department of Health and Human Services for an allocation of money from the [Contingency] Account.
2. [Except as otherwise provided in this subsection, the] The Grants Management Advisory Committee created by NRS 232.383 shall review applications received by the Director pursuant to subsection 1 and make recommendations to the Director concerning allocations of money from the [Contingency] Account to applicants. [If the Director, in his or her discretion, determines that an emergency exists and an allocation of money from the Contingency Account is needed immediately, the Director may make an allocation of money from the Contingency Account pursuant to this section without the review of the application or the making of recommendations by the Grants Management Advisory Committee.]
3. The Director may make allocations of money from the [Contingency] Account to applicants and may place such conditions on the acceptance of such an allocation as the Director determines are necessary, including, without limitation, requiring the recipient of an allocation to submit periodic reports concerning the recipients use of the allocation.
κ2023 Statutes of Nevada, Page 2689 (CHAPTER 437, SB 389)κ
acceptance of such an allocation as the Director determines are necessary, including, without limitation, requiring the recipient of an allocation to submit periodic reports concerning the recipients use of the allocation.
4. The recipient of an allocation of money from the [Contingency] Account may use the money only for the purposes of establishing or providing programs or services to victims of human trafficking [.] , including, without limitation, establishing pilot programs for alternatives to law enforcement response to victims of human trafficking.
Sec. 7. (Deleted by amendment.)
Sec. 7.5. There is hereby appropriated from the State General Fund to the Contingency Account for Victims of Human Trafficking created by NRS 217.530 the sum of $1,000,000.
Sec. 8. 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. 8.5. The Legislative Counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
2. In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
Sec. 9. 1. This section and section 7.5 of this act become effective upon passage and approval.
2. Sections 1 to 7, inclusive, 8 and 8.5 of this act become effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 2690κ
Assembly Bill No. 151Assemblymen Anderson, Yeager, Torres, Taylor, ONeill; Cohen, Marzola and McArthur
Joint Sponsors: Senators Cannizzaro, Titus, Seevers Gansert; and Daly
CHAPTER 438
[Approved: June 13, 2023]
AN ACT relating to special license plates; providing for the limited issuance of special license plates commemorating the 150th anniversary of the founding of the University of Nevada, Reno; exempting the special license plates from certain provisions otherwise applicable to special license plates; imposing a fee for the issuance and renewal of such license plates; imposing a deadline on the issuance of such license plates; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the issuance of various special license plates associated with military or public service, membership in or affiliation with certain groups or recognition of or support for certain charitable causes. (NRS 482.3672-482.37947) Section 1 of this bill requires the Department of Motor Vehicles, in cooperation with the University of Nevada, Reno, to design, prepare and issue special license plates commemorating the 150th anniversary of the founding of the University. A person wishing to obtain the special license plates must pay to the Department: (1) a fee for initial issuance of $35 and a fee for renewal of $10; (2) all applicable registration and license fees and governmental services taxes; and (3) an additional fee for initial issuance of $25 and an additional fee for renewal of $20, to be deposited with the State Treasurer who must, on a quarterly basis, distribute the fees to the University of Nevada, Reno Foundation to operate a program to provide certain necessary items to the students, faculty and staff of the University. A person wishing to obtain the special license plates may also request that the plates be combined with personalized prestige plates if the person pays the additional fees for the personalized prestige plates.
Section 1 also requires the Director of the Department to: (1) accept advance applications for the special license plates; and (2) announce a date on which the special license plates will no longer be available for initial issuance.
Under existing law, certain special license plates: (1) must be approved by the Department; (2) are subject to a limitation on the number of separate designs of special license plates which the Department may issue at any one time; and (3) may not be designed, prepared or issued by the Department unless a certain number of applications for the plates are received. (NRS 482.367002, 482.367008, 482.36705) Sections 5-7 of this bill exempt the special license plates commemorating the 150th anniversary of the founding of the University of Nevada, Reno, from each of the preceding requirements. Sections 2-4, 9 and 10 of this bill make conforming changes to indicate the proper placement of section 1 in the Nevada Revised Statutes.
κ2023 Statutes of Nevada, Page 2691 (CHAPTER 438, AB 151)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 482 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in paragraph (b) of subsection 9, the Department, in cooperation with the University of Nevada, Reno, shall design, prepare and issue license plates that commemorate the 150th anniversary of the founding of the University, using any colors and designs which the Department deems appropriate.
2. Except as otherwise provided in paragraph (a) of subsection 9, the Department shall issue license plates that commemorate the 150th anniversary of the founding of the University of Nevada, Reno, for a passenger car or light commercial vehicle upon application by a person who is otherwise entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that commemorate the 150th anniversary of the founding of the University of Nevada, Reno, if the person pays the fees for the personalized prestige plates in addition to the fees for the license plates that commemorate the 150th anniversary of the founding of the University pursuant to subsections 3 and 4.
3. The fee for the license plates that commemorate the 150th anniversary of the founding of the University of Nevada, Reno, is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.
4. In addition to all other applicable registration and license fees and governmental services taxes prescribed pursuant to subsection 3, a person who requests a set of license plates that commemorate the 150th anniversary of the founding of the University of Nevada, Reno, must pay for the issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be deposited in accordance with subsection 5.
5. Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the University of Nevada, Reno Foundation for its use in operating a program to provide to students, faculty and staff of the University of Nevada, Reno, necessary items, including, without limitation:
(a) Perishable and nonperishable food items;
(b) School supplies;
(c) Clothing; and
(d) Personal hygiene products.
6. The provisions of NRS 482.36705 do not apply to license plates described in this section.
κ2023 Statutes of Nevada, Page 2692 (CHAPTER 438, AB 151)κ
7. If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services taxes due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
8. The Department may accept any gifts, grants and donations or other sources of money for the production and issuance of the special license plates pursuant to this section. All money received pursuant to this subsection must be deposited in the Revolving Account for the Issuance of Special License Plates created by NRS 482.1805.
9. The Director shall:
(a) Accept applications for the issuance of the license plates issued pursuant to this section beginning on July 1, 2023. A person who applies for the license plates pursuant to this paragraph must not be charged for any fees imposed by this section or any other registration and license fees and governmental services taxes due for the license plates until the license plates are available for issuance by the Department.
(b) Determine and, by public proclamation, announce the last date on which the Department will issue the license plates that commemorate the 150th anniversary of the founding of the University of Nevada, Reno. The Department shall publish the announcement on its Internet website. In no case may the date that is determined and announced to be the last day on which the Department will issue the license plates be more than 1 year after the date the license plates are available for issuance by the Department. The Department shall not issue:
(1) The license plates that commemorate the 150th anniversary of the founding of the University of Nevada, Reno, after the date announced by the Department pursuant to this paragraph.
(2) A duplicate number plate or a replacement number plate for those license plates more than 5 years after the date announced by the Department pursuant to this paragraph.
Sec. 1.5. NRS 482.2065 is hereby amended to read as follows:
482.2065 1. A trailer may be registered for a 3-year period as provided in this section.
2. A person who registers a trailer for a 3-year period must pay upon registration all fees and taxes that would be due during the 3-year period if he or she registered the trailer for 1 year and renewed that registration for 2 consecutive years immediately thereafter, including, without limitation:
(a) Registration fees pursuant to NRS 482.480 and 482.483.
(b) A fee for each license plate issued pursuant to NRS 482.268.
(c) Fees for the initial issuance, reissuance and renewal of a special license plate pursuant to NRS 482.265, if applicable.
(d) Fees for the initial issuance and renewal of a personalized prestige license plate pursuant to NRS 482.367, if applicable.
(e) Additional fees for the initial issuance and renewal of a special license plate issued pursuant to NRS 482.3667 to 482.3823, inclusive, and section 1 of this act which are imposed to generate financial support for a particular cause or charitable organization, if applicable.
κ2023 Statutes of Nevada, Page 2693 (CHAPTER 438, AB 151)κ
(f) Governmental services taxes imposed pursuant to chapter 371 of NRS, as provided in NRS 482.260.
(g) The applicable taxes imposed pursuant to chapters 372, 374, 377 and 377A of NRS.
3. A license plate issued pursuant to this section will be reissued as provided in NRS 482.265 except that such reissuance will be done at the first renewal after the license plate has been issued for not less than 8 years.
4. As used in this section, the term trailer does not include a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483.
Sec. 2. NRS 482.216 is hereby amended to read as follows:
482.216 1. Except as otherwise provided in NRS 482.2155, upon the request of a new vehicle dealer, the Department may authorize the new vehicle dealer to:
(a) Accept applications for the registration of the new motor vehicles he or she sells and the related fees and taxes;
(b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and
(c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.
2. A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:
(a) Transmit the applications received to the Department within the period prescribed by the Department;
(b) Transmit the fees collected from the applicants and properly account for them within the period prescribed by the Department;
(c) Comply with the regulations adopted pursuant to subsection 5; and
(d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.
3. A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:
(a) Charge any additional fee for the performance of those services;
(b) Receive compensation from the Department for the performance of those services;
(c) Accept applications for the renewal of registration of a motor vehicle; or
(d) Accept an application for the registration of a motor vehicle if the applicant wishes to:
(1) Obtain special license plates pursuant to NRS 482.3667 to 482.3823, inclusive [;] , and section 1 of this act; or
(2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.
4. The provisions of this section do not apply to the registration of a moped pursuant to NRS 482.2155.
5. The Director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:
(a) The expedient and secure issuance of license plates and decals by the Department; and
κ2023 Statutes of Nevada, Page 2694 (CHAPTER 438, AB 151)κ
(b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the Department.
Sec. 3. NRS 482.2703 is hereby amended to read as follows:
482.2703 1. The Director may order the preparation of sample license plates which must be of the same design and size as regular license plates or license plates issued pursuant to NRS 482.384. The Director shall ensure that:
(a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and an identical designation which consists of the same group of three numerals followed by the same group of three letters; and
(b) The designation of numerals and letters assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.
2. The Director may order the preparation of sample license plates which must be of the same design and size as any of the special license plates issued pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and section 1 of this act. The Director shall ensure that:
(a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and the number zero in the location where any other numerals would normally be displayed on a license plate of that design; and
(b) The number assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.
3. The Director may establish a fee for the issuance of sample license plates of not more than $15 for each license plate.
4. A decal issued pursuant to NRS 482.271 may be displayed on a sample license plate issued pursuant to this section.
5. All money collected from the issuance of sample license plates must be deposited in the State Treasury for credit to the Motor Vehicle Fund.
6. A person shall not affix a sample license plate issued pursuant to this section to a vehicle. A person who violates the provisions of this subsection is guilty of a misdemeanor.
Sec. 4. NRS 482.274 is hereby amended to read as follows:
482.274 1. The Director shall order the preparation of vehicle license plates for trailers in the same manner provided for motor vehicles in NRS 482.270, except that a vehicle license plate prepared for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 is not required to have displayed upon it the month and year the registration expires.
2. The Director shall order preparation of two sizes of vehicle license plates for trailers. The smaller plates may be used for trailers with a gross vehicle weight of less than 1,000 pounds.
3. The Director shall determine the registration numbers assigned to trailers.
4. Any license plates issued for a trailer before July 1, 1975, bearing a different designation from that provided for in this section, are valid during the period for which such plates were issued.
5. Any license plates issued for a trailer before January 1, 1982, are not subject to reissue pursuant to subsection 2 of NRS 482.265.
κ2023 Statutes of Nevada, Page 2695 (CHAPTER 438, AB 151)κ
6. The Department shall not issue for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 a special license plate available pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and section 1 of this act.
Sec. 5. NRS 482.367002 is hereby amended to read as follows:
482.367002 1. A person may request that the Department design, prepare and issue a special license plate by submitting an application to the Department. A person may submit an application for a special license plate that is intended to generate financial support for an organization only if:
(a) For an organization which is not a governmental entity, the organization is established as a nonprofit charitable organization which provides services to the community relating to public health, education or general welfare;
(b) For an organization which is a governmental entity, the organization only uses the financial support generated by the special license plate for charitable purposes relating to public health, education or general welfare;
(c) The organization is registered with the Secretary of State, if registration is required by law, and has filed any documents required to remain registered with the Secretary of State;
(d) The name and purpose of the organization do not promote, advertise or endorse any specific product, brand name or service that is offered for profit;
(e) The organization is nondiscriminatory; and
(f) The license plate will not promote a specific religion, faith or antireligious belief.
2. An application submitted to the Department pursuant to subsection 1:
(a) Must be on a form prescribed and furnished by the Department;
(b) Must specify whether the special license plate being requested is intended to generate financial support for a particular cause or charitable organization and, if so:
(1) The name of the cause or charitable organization; and
(2) Whether the financial support intended to be generated for the particular cause or charitable organization will be for:
(I) General use by the particular cause or charitable organization; or
(II) Use by the particular cause or charitable organization in a more limited or specific manner;
(c) Must include the name and signature of a person who represents:
(1) The organization which is requesting that the Department design, prepare and issue the special license plate; and
(2) If different from the organization described in subparagraph (1), the cause or charitable organization for which the special license plate being requested is intended to generate financial support;
(d) Must include proof that the organization satisfies the requirements set forth in subsection 1;
(e) Must be accompanied by a surety bond posted with the Department in the amount of $5,000, except that if the special license plate being requested is one of the type described in subsection 3 of NRS 482.367008, the application must be accompanied by a surety bond posted with the Department in the amount of $20,000;
(f) Must, if the organization is a charitable organization, not including a governmental entity whose budget is included in the executive budget, include a budget prepared by or for the charitable organization which includes, without limitation, the proposed operating and administrative expenses of the charitable organization; and
κ2023 Statutes of Nevada, Page 2696 (CHAPTER 438, AB 151)κ
include a budget prepared by or for the charitable organization which includes, without limitation, the proposed operating and administrative expenses of the charitable organization; and
(g) Must be accompanied by suggestions for the design of and colors to be used in the special license plate. The suggestion must be made in consultation with the charitable organization for which the special license plate is intended to generate financial support, if any.
3. If an application for a special license plate has been submitted pursuant to this section but the Department has not yet designed, prepared or issued the plate, the applicant shall amend the application with updated information when any of the following events take place:
(a) The name of the organization that submitted the application has changed since the initial application was submitted.
(b) The cause or charitable organization for which the special license plate being requested is intended to generate financial support has a different name than that set forth on the initial application.
(c) The cause or charitable organization for which the special license plate being requested is intended to generate financial support is different from that set forth on the initial application.
(d) A charitable organization which submitted a budget pursuant to paragraph (f) of subsection 2 prepares or has prepared a new or subsequent budget.
Κ The updated information described in this subsection must be submitted to the Department within 90 days after the relevant change takes place, unless the applicant has received notice that the special license plate is on an agenda to be heard at a public meeting of the Department held pursuant to subsection 4, in which case the updated information must be submitted to the Department within 48 hours after the applicant receives such notice. The updating of information pursuant to this subsection does not alter, change or otherwise affect the issuance of special license plates by the Department in accordance with the chronological order of their authorization or approval, as described in subsection 2 of NRS 482.367008.
4. The Department shall hold a public meeting before determining whether to approve or disapprove:
(a) An application for the design, preparation and issuance of a special license plate that is submitted to the Department pursuant to subsection 1; and
(b) Except as otherwise provided in subsection 6, an application for the design, preparation and issuance of a special license plate that has been authorized by an act of the Legislature after January 1, 2007.
Κ In determining whether to approve such an application, the Department shall consider, without limitation, whether it would be appropriate and feasible for the Department to design, prepare and issue the particular special license plate. The Department shall consider each application in the chronological order in which the application was received by the Department.
5. Before holding a public meeting pursuant to subsection 4, the Department shall:
(a) At least 30 days before the public meeting is held, notify:
(1) The person who requested the special license plate pursuant to subsection 1; and
κ2023 Statutes of Nevada, Page 2697 (CHAPTER 438, AB 151)κ
(2) The charitable organization for which the special license plate is intended to generate financial support, if any; and
(b) Post a notice of the public meeting that complies with chapter 241 of NRS.
6. The provisions of paragraph (b) of subsection 4 do not apply with regard to special license plates that are issued pursuant to NRS 482.3746, 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787, 482.37901, 482.37902, 482.37906, 482.3791, 482.3794 or 482.3817 [.] or section 1 of this act.
7. The Department may design and prepare a special license plate requested pursuant to subsection 1 if the Department:
(a) Determines that the application for that plate complies with subsection 2; and
(b) Approves the application for that plate after holding the public meeting required pursuant to subsection 4.
8. Except as otherwise provided in NRS 482.367008, the Department may issue a special license plate that:
(a) The Department has designed and prepared pursuant to subsection 7; and
(b) Complies with the requirements of NRS 482.367003,
Κ for any motorcycle, passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with a special license plate issued pursuant to this section if that person pays the fees for personalized prestige license plates in addition to the fees for the special license plate.
9. Upon making a determination to issue a special license plate pursuant to subsection 8, the Department shall notify:
(a) The person who requested the special license plate pursuant to subsection 1; and
(b) The charitable organization for which the special license plate is intended to generate financial support, if any.
10. After making a determination to issue a special license plate pursuant to this section, if the Department determines not to use the design or colors suggested pursuant to paragraph (g) of subsection 2, the Department shall notify the person who requested the special license plate pursuant to subsection 1. The notice must include, without limitation, the reasons the Department did not use the design or colors suggested pursuant to paragraph (g) of subsection 2.
11. Within 180 days after receiving the notice pursuant to subsection 10, the person who requested the special license plate pursuant to subsection 1 shall, in consultation with the charitable organization for which the special license plate is intended to generate financial support, if any, submit a revised suggestion for the design of and colors to be used in the special license plate. If the person does not submit a revised suggestion within 180 days after receiving the notice pursuant to subsection 10, the Department must:
(a) Not issue the special license plate; and
(b) Notify:
κ2023 Statutes of Nevada, Page 2698 (CHAPTER 438, AB 151)κ
(1) The person who requested the special license plate pursuant to subsection 1; and
(2) The charitable organization for which the special license plate is intended to generate financial support, if any.
12. After receiving the suggested design of and colors to be used in the special license plate pursuant to paragraph (g) of subsection 2 or subsection 11 and upon determining the design of and the colors to be used in the special license plate, the Department shall submit the design of and the colors to be used in the special license plate to the person who requested the special license plate pursuant to subsection 1 and to the charitable organization for which the special license plate is intended to generate financial support, if any. The person and the charitable organization, if any, shall respond to the Department within 30 days after receiving the design of and the colors to be used in the special license plate and shall:
(a) Approve the design of and the colors to be used in the special license plate; or
(b) Submit suggestions to revise the design of or colors to be used in the special license plate.
Κ If the person who requested the special license plate pursuant to subsection 1 and the charitable organization for which the special license plate is intended to generate financial support, if any, fail to respond within 30 days after receiving the design of and the colors to be used in the special license plate, the person and charitable organization shall be deemed to approve the design of and the colors to be used in the special license plate. The Department may adopt regulations to carry out this subsection.
13. The Department must promptly release the surety bond posted pursuant to subsection 2:
(a) If the Department determines not to issue the special license plate;
(b) If the Department distributes the additional fees collected on behalf of a charitable organization to another charitable organization pursuant to subparagraph (2) of paragraph (c) of subsection 5 of NRS 482.38279 and the surety bond has not been released to the initial charitable organization; or
(c) If it is determined that at least 1,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008, except that if the special license plate is one of the type described in subsection 3 of NRS 482.367008, the Department must promptly release the surety bond posted pursuant to subsection 2 if it is determined that at least 3,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008.
14. If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:
(a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
15. On or before September 1 of each fiscal year, the Department shall compile a list of each special license plate the Department, during the immediately preceding fiscal year, designed and prepared pursuant to subsection 7 or issued pursuant to subsection 8.
κ2023 Statutes of Nevada, Page 2699 (CHAPTER 438, AB 151)κ
subsection 7 or issued pursuant to subsection 8. The list must set forth, for each such plate, the cause or charitable organization for which the special license plate generates or would generate financial support, and the intended use to which the financial support is being put or would be put. The Department shall make that information available on its Internet website.
16. On or before January 31 of each year, the Department shall:
(a) Compile a report that contains information detailing:
(1) The requests submitted pursuant to subsection 1;
(2) The list compiled pursuant to subsection 15 for the immediately preceding fiscal year;
(3) Any special license plates that the Department will no longer issue pursuant to NRS 482.367008;
(4) The results of any activities conducted pursuant to NRS 482.38272 to 482.38279, inclusive; and
(5) Any actions taken by the Department pursuant to subsections 4 and 5 of NRS 482.38279; and
(b) Submit the report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature, if the Legislature is in session, or to the Legislative Commission, if the Legislature is not in session.
Sec. 6. NRS 482.367008 is hereby amended to read as follows:
482.367008 1. As used in this section, special license plate means:
(a) A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application described in that section;
(b) A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37905, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938, 482.37939, 482.37945 or 482.37947; and
(c) Except for a license plate that is issued pursuant to NRS 482.3746, 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787, 482.37901, 482.37902, 482.37906, 482.3791, 482.3794, 482.37941 or 482.3817, or section 1 of this act, a license plate that is approved by the Legislature after July 1, 2005.
2. Notwithstanding any other provision of law to the contrary, and except as otherwise provided in subsection 3, the Department shall not, at any one time, issue more than 30 separate designs of special license plates. Whenever the total number of separate designs of special license plates issued by the Department at any one time is less than 30, the Department shall issue a number of additional designs of special license plates that have been authorized by an act of the Legislature or the application for which has been approved by the Department pursuant to NRS 482.367002, not to exceed a total of 30 designs issued by the Department at any one time. Such additional designs must be issued by the Department in accordance with the chronological order of their authorization or approval by the Department.
3. In addition to the special license plates described in subsection 2, the Department may issue not more than five separate designs of special license plates in excess of the limit set forth in that subsection. To qualify for issuance pursuant to this subsection:
(a) The Department must approve the design, preparation and issuance of the special plates as described in NRS 482.367002; and
κ2023 Statutes of Nevada, Page 2700 (CHAPTER 438, AB 151)κ
(b) The special license plates must have been applied for, designed, prepared and issued pursuant to NRS 482.367002, except that:
(1) The application for the special license plates must be accompanied by a surety bond posted with the Department in the amount of $20,000; and
(2) Pursuant to the assessment of the viability of the design of the special license plates that is conducted pursuant to this section, it is determined that at least 3,000 special license plates have been issued.
4. Except as otherwise provided in this subsection, on October 1 of each year the Department shall assess the viability of each separate design of special license plate that the Department is currently issuing by determining the total number of validly registered motor vehicles to which that design of special license plate is affixed. The Department shall not determine the total number of validly registered motor vehicles to which a particular design of special license plate is affixed if:
(a) The particular design of special license plate was designed and prepared by the Department pursuant to NRS 482.367002; and
(b) On October 1, that particular design of special license plate has been available to be issued for less than 12 months.
5. If, on October 1, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:
(a) In the case of special license plates not described in subsection 3, less than 1,000; or
(b) In the case of special license plates described in subsection 3, less than 3,000,
Κ the Director shall provide notice of that fact in the manner described in subsection 6.
6. The notice required pursuant to subsection 5 must be provided:
(a) If the special license plate generates financial support for a cause or charitable organization, to that cause or charitable organization.
(b) If the special license plate does not generate financial support for a cause or charitable organization, to an entity which is involved in promoting the activity, place or other matter that is depicted on the plate.
7. If, on December 31 of the same year in which notice was provided pursuant to subsections 5 and 6, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:
(a) In the case of special license plates not described in subsection 3, less than 1,000; or
(b) In the case of special license plates described in subsection 3, less than 3,000,
Κ the Director shall, notwithstanding any other provision of law to the contrary, issue an order providing that the Department will no longer issue that particular design of special license plate. Except as otherwise provided in subsection 2 of NRS 482.265, such an order does not require existing holders of that particular design of special license plate to surrender their plates to the Department and does not prohibit those holders from renewing those plates.
Sec. 7. NRS 482.36705 is hereby amended to read as follows:
482.36705 1. Except as otherwise provided in subsection 2:
(a) If a new special license plate is authorized by an act of the Legislature after January 1, 2003, other than a special license plate that is authorized pursuant to NRS 482.379375, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Department receives at least 1,000 applications for the issuance of that plate within 2 years after the effective date of the act of the Legislature that authorized the plate.
κ2023 Statutes of Nevada, Page 2701 (CHAPTER 438, AB 151)κ
license plate not be designed, prepared or issued by the Department unless the Department receives at least 1,000 applications for the issuance of that plate within 2 years after the effective date of the act of the Legislature that authorized the plate.
(b) In addition to the requirements set forth in paragraph (a), if a new special license plate is authorized by an act of the Legislature after July 1, 2005, the Legislature will direct that the license plate not be issued by the Department unless its issuance complies with subsection 2 of NRS 482.367008.
(c) In addition to the requirements set forth in paragraphs (a) and (b), if a new special license plate is authorized by an act of the Legislature after January 1, 2007, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Department approves the application for the authorized plate pursuant to NRS 482.367002.
(d) In addition to the requirements set forth in paragraphs (a), (b) and (c), if a new special license plate is authorized by an act of the Legislature after July 1, 2021, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the organization meeting the requirements described in subsection 1 of NRS 482.367002 submits suggestions for the design of and colors to be used in the special license plate within 180 days after the authorization of the special license plate. The provisions of subsections 10, 11 and 12 of NRS 482.367002 apply to suggestions submitted pursuant to this paragraph.
2. The provisions of subsection 1 do not apply with regard to special license plates that are issued pursuant to NRS 482.3746, 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787, 482.37901, 482.37902, 482.37906, 482.3791, 482.3794, 482.37941 or 482.3817 [.] or section 1 of this act.
Sec. 8. NRS 482.38276 is hereby amended to read as follows:
482.38276 Special license plate means:
1. A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application and petition described in that section;
2. A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37904, 482.37905, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938, 482.37939, 482.37945 or 482.37947 [;] or section 1 of this act; and
3. Except for a license plate that is issued pursuant to NRS 482.3746, 482.3757, 482.3785, 482.3787, 482.37901, 482.37902, 482.37906, 482.3791, 482.3794 or 482.37941, a license plate that is approved by the Legislature after July 1, 2005.
Sec. 9. NRS 482.399 is hereby amended to read as follows:
482.399 1. Upon the transfer of the ownership of or interest in any vehicle by any holder of a valid registration, or upon destruction of the vehicle, the registration expires.
2. Except as otherwise provided in NRS 482.2155 and subsection 3 of NRS 482.483, the holder of the original registration may transfer the registration to another vehicle to be registered by the holder and use the same regular license plate or plates or special license plate or plates issued pursuant to NRS 482.3667 to 482.3823, inclusive, and section 1 of this act, or 482.384, on the vehicle from which the registration is being transferred, if the license plate or plates are appropriate for the second vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the registration fee and governmental services tax on the vehicle to which the registration is transferred over the total registration fee and governmental services tax paid on all vehicles from which he or she is transferring ownership or interest.
κ2023 Statutes of Nevada, Page 2702 (CHAPTER 438, AB 151)κ
or 482.384, on the vehicle from which the registration is being transferred, if the license plate or plates are appropriate for the second vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the registration fee and governmental services tax on the vehicle to which the registration is transferred over the total registration fee and governmental services tax paid on all vehicles from which he or she is transferring ownership or interest. Except as otherwise provided in NRS 482.294, an application for transfer of registration must be made in person, if practicable, to any office or agent of the Department or to a registered dealer, and the license plate or plates may not be used upon a second vehicle until registration of that vehicle is complete.
3. In computing the governmental services tax, the Department, its agent or the registered dealer shall credit the portion of the tax paid on the first vehicle attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the second vehicle or on any other vehicle of which the person is the registered owner. If any person transfers ownership or interest in two or more vehicles, the Department or the registered dealer shall credit the portion of the tax paid on all of the vehicles attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner. The certificates of registration and unused license plates of the vehicles from which a person transfers ownership or interest must be submitted before credit is given against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner.
4. In computing the registration fee, the Department or its agent or the registered dealer shall credit the portion of the registration fee paid on each vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis against the registration fee due on the vehicle to which registration is transferred.
5. If the amount owed on the registration fee or governmental services tax on the vehicle to which registration is transferred is less than the credit on the total registration fee or governmental services tax paid on all vehicles from which a person transfers ownership or interest, the person may apply the unused portion of the credit to the registration of any other vehicle owned by the person. Any unused portion of such a credit expires on the date the registration of the vehicle from which the person transferred the registration was due to expire.
6. If the license plate or plates are not appropriate for the second vehicle, the plate or plates must be surrendered to the Department or registered dealer and an appropriate plate or plates must be issued by the Department. The Department shall not reissue the surrendered plate or plates until the next succeeding licensing period.
7. If application for transfer of registration is not made within 60 days after the destruction or transfer of ownership of or interest in any vehicle, the license plate or plates must be surrendered to the Department on or before the 60th day for cancellation of the registration.
8. Except as otherwise provided in subsection 2 of NRS 371.040, NRS 482.2155, subsections 7 and 8 of NRS 482.260 and subsection 3 of NRS 482.483, if a person cancels his or her registration and surrenders to the Department the license plates for a vehicle, the Department shall:
κ2023 Statutes of Nevada, Page 2703 (CHAPTER 438, AB 151)κ
NRS 482.483, if a person cancels his or her registration and surrenders to the Department the license plates for a vehicle, the Department shall:
(a) In accordance with the provisions of subsection 9, issue to the person a refund of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis; or
(b) If the person does not qualify for a refund in accordance with the provisions of subsection 9, issue to the person a credit in the amount of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis. Such a credit may be applied by the person to the registration of any other vehicle owned by the person. Any unused portion of the credit expires on the date the registration of the vehicle from which the person obtained a refund was due to expire.
9. The Department shall issue a refund pursuant to subsection 8 only if the request for a refund is made at the time the registration is cancelled and the license plates are surrendered, the person requesting the refund is a resident of Nevada, the amount eligible for refund exceeds $100, and evidence satisfactory to the Department is submitted that reasonably proves the existence of extenuating circumstances. For the purposes of this subsection, the term extenuating circumstances means circumstances wherein:
(a) The person has recently relinquished his or her drivers license and has sold or otherwise disposed of his or her vehicle.
(b) The vehicle has been determined to be inoperable and the person does not transfer the registration to a different vehicle.
(c) The owner of the vehicle is seriously ill or has died and the guardians or survivors have sold or otherwise disposed of the vehicle.
(d) Any other event occurs which the Department, by regulation, has defined to constitute an extenuating circumstance for the purposes of this subsection.
Sec. 10. NRS 482.500 is hereby amended to read as follows:
482.500 1. Except as otherwise provided in subsection 2 or 3 or specifically provided by statute, whenever upon application any duplicate or substitute certificate of registration, indicator, decal or number plate is issued, the following fees must be paid:
For a certificate of registration........................................................... $5.00
For every substitute number plate or set of plates............................. 5.00
For every duplicate number plate or set of plates........................... 10.00
For every decal displaying a county name.......................................... .50
For every other indicator, decal, license plate sticker or tab........... 5.00
2. The following fees must be paid for any replacement number plate or set of plates issued for the following special license plates:
(a) For any special plate issued pursuant to NRS 482.3667, 482.367002, 482.3672, 482.3675, 482.370 to 482.3755, inclusive, 482.376 or 482.379 to 482.3818, inclusive, and section 1 of this act, a fee of $10.
(b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.
(c) Except as otherwise provided in paragraph (a) of subsection 1 of NRS 482.3824, for any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the Director for the issuance of those plates.
κ2023 Statutes of Nevada, Page 2704 (CHAPTER 438, AB 151)κ
NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the Director for the issuance of those plates.
3. A fee must not be charged for a duplicate or substitute of a decal issued pursuant to NRS 482.37635.
4. The fees which are paid for replacement number plates, duplicate number plates and decals displaying county names must be deposited with the State Treasurer for credit to the Motor Vehicle Fund and allocated to the Department to defray the costs of replacing or duplicating the plates and manufacturing the decals.
Sec. 11. This act becomes effective on July 1, 2023.
________
Senate Bill No. 451Senators Spearman; Hammond, Hansen and Stone
CHAPTER 439
[Approved: June 13, 2023]
AN ACT relating to energy; directing the Joint Interim Standing Committee on Growth and Infrastructure to conduct a study during the 2023-2024 interim concerning certain subjects relating to hydrogen; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Joint Interim Standing Committee on Growth and Infrastructure to evaluate, review and comment upon matters related to energy policy within this State. (NRS 218E.815) This bill directs the Committee to conduct a study during the 2023-2024 interim concerning: (1) the production and storage of hydrogen; (2) the use of stored hydrogen as a potential energy resource in this State; and (3) the development of hydrogen technologies. This bill requires the study to include, without limitation: (1) a review of the opportunities for students enrolled in an institution within the Nevada System of Higher Education to study subjects concerning hydrogen; and (2) an assessment of the feasibility of using hydrogen as an energy resource in this State. Finally, this bill requires the Committee to submit a report of the results of the study and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmittal to the 83rd Session of the Nevada Legislature.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
Whereas, Senate Bill No. 254 of the 2019 Session of the Nevada Legislature (Chapter 323, Statutes of Nevada 2019, at page 1970) established a statewide goal of reducing greenhouse gas emissions to 28 percent below the 2005 level of such emissions by 2025, to 45 percent below the 2005 level of such emissions by 2030 and to zero or near-zero by 2050; and
Whereas, The State Climate Strategy establishes a plan for achieving the targets established by Senate Bill No. 254 for the reduction of greenhouse gas emissions and has identified clean hydrogen and clean hydrogen technologies, including, without limitation, hydrogen fuel cell vehicles and hydrogen fueling stations, as opportunities to reduce greenhouse gas emissions in this State; and
κ2023 Statutes of Nevada, Page 2705 (CHAPTER 439, SB 451)κ
Whereas, Global economic activity involving the production, processing, delivery, storage and use of clean hydrogen is currently valued at more than $100 billion per year in 2022 and is expected to grow across the world as demand for clean energy increases; and
Whereas, The emergence of end-use applications for energy produced from clean hydrogen, including, without limitation, in transportation, seasonal energy storage and the global energy trade, provide an opportunity for this State to meet its targets for the reduction of greenhouse gas emissions while at the same time enhancing economic development, job creation and the collection of tax revenue in this State; and
Whereas, Encouraging the expansion of the use of clean hydrogen will decrease the emission of greenhouse gases in this State, which will have the effect of improving the health of Nevadans through the improvement of air quality, especially for economically disadvantaged Nevadans and communities of color; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 2. 1. During the 2023-2024 interim, the Joint Interim Standing Committee on Growth and Infrastructure shall conduct a study concerning the production and storage of hydrogen, the use of stored hydrogen as a potential energy resource in this State and the development of hydrogen technologies.
2. In conducting the study, the Joint Interim Standing Committee on Growth and Infrastructure shall consult with and solicit input from:
(a) The Nevada System of Higher Education;
(b) The National Renewable Energy Laboratory;
(c) Existing energy industries in this State;
(d) Developers of clean energy;
(e) Nongovernmental organizations that focus on energy conservation;
(f) Utilities that provide gas and electric services; and
(g) Professionals with expertise regarding the use of hydrogen and stored hydrogen and the development of hydrogen technologies.
3. The study must include, without limitation:
(a) A review of the opportunities for students enrolled in an institution within the Nevada System of Higher Education to study subjects concerning hydrogen, including, without limitation:
(1) The process for the production and storage of hydrogen and any methods and technology used in such a process; and
(2) Hydrogen technologies; and
(b) An assessment of the feasibility of using hydrogen as an energy resource in this State, including, without limitation, consideration of:
(1) The potential for hydrogen and stored hydrogen to enable the operation of zero-emission light- and medium-duty vehicles, trucks, buses, locomotives, off-road equipment, aircraft, industrial equipment and watercraft;
(2) The potential for using wastewater and wastewater treatment facilities for the production of hydrogen;
(3) Methods for incentivizing the use of hydrogen and stored hydrogen as energy resources in this State;
κ2023 Statutes of Nevada, Page 2706 (CHAPTER 439, SB 451)κ
(4) Economic and regulatory barriers to the implementation of hydrogen and stored hydrogen as energy resources, including, without limitation, whether policies incentivizing the production and storage of hydrogen as energy resources and hydrogen technologies are comparable to policies incentivizing the production of other energy resources and applicable technologies in this State;
(5) Opportunities for federal and nongovernmental grants that may be available for the purposes of producing and storing hydrogen in this State;
(6) The potential for using hydrogen microgrids, stored hydrogen microgrids and hydrogen coupled with distributed energy resources to strengthen the resilience of the electric power grid;
(7) The impact of hydrogen production on water resources in this State;
(8) The impact of limited water resources on the production of hydrogen in this State and its potential as an energy resource; and
(9) The long-term impact of various methods of hydrogen production on the air, water and other natural resources of this State and the potential for hydrogen to assist with efforts to decarbonize this State.
4. To complete the study, the Joint Interim Standing Committee on Growth and Infrastructure may enter into a contract or other agreement with the University of Nevada, Reno, the University of Nevada, Las Vegas, or the Desert Research Institute to:
(a) Gather data concerning the feasibility of hydrogen and stored hydrogen as energy resources; and
(b) Produce a cost-benefit analysis of hydrogen as an energy resource.
5. On or before January 1, 2025, the Joint Interim Standing Committee on Growth and Infrastructure shall submit a report of the results of the study, including, without limitation, any recommendations for legislation, to the Director of the Legislative Counsel Bureau for transmittal to the 83rd Session of the Nevada Legislature.
6. For the purposes of this section, hydrogen technologies means technology used in the production, storage and distribution of hydrogen and stored hydrogen.
Sec. 3. This act becomes effective upon passage and approval.
________
κ2023 Statutes of Nevada, Page 2707κ
Senate Bill No. 126Senator Neal
CHAPTER 440
[Approved: June 13, 2023]
AN ACT relating to economic development; revising provisions governing the NV Grow Program; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law directs the Division of Workforce and Economic Development of the College of Southern Nevada to develop, create, oversee and manage the NV Grow Program to provide certain informational and technical assistance to existing small businesses in this State that are expanding or ready to expand. Existing law further directs the Division to: (1) select the lead counselor who serves as coordinator of the Program; (2) employ a geographic information specialist; and (3) consult with a stakeholder group in identifying additional components that are necessary, advisable or advantageous for the growth and development of businesses located in this State. (Section 2 of chapter 459, Statutes of Nevada 2015, as last amended by chapter 570, Statutes of Nevada 2019, at page 3666)
Section 1 of this bill requires the Division to establish requirements for: (1) the supervision of the lead counselor by at least two employees of the Division or by an advisory team appointed by the Division; and (2) the training of the geographic information specialist. Section 1 also requires the Program to provide to participants in the Program classes and resources on business development and business financing. Section 1 further revises the stakeholder group to include the African Chamber of Commerce and Tourism and the Vegas Chamber.
Existing law provides that the institutions of the Nevada System of Higher Education located in Clark County and the Nevada Small Business Development Center in Clark County shall cooperate with the geographic information system specialist to mentor and track businesses participating in the Program in Clark County. (Section 2 of chapter 459, Statutes of Nevada 2015, as last amended by chapter 570, Statutes of Nevada 2019, at page 3666) Section 1 removes the requirement for the Nevada Small Business Development Center in Clark County to participate in the tracking and mentoring of businesses participating in the Program in Clark County. Section 1 also provides that the Nevada Small Business Development Center located in Clark County and the Division will assist in identifying skilled labor in this State and focus on the utilization of existing resources as part of the Program.
Section 2 of this bill appropriates $950,000 for each fiscal year to the College of Southern Nevada for certain allocations and to assist and carry out the NV Grow Program.
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. Section 2 of the NV Grow Act, being chapter 459, Statutes of Nevada 2015, as last amended by chapter 570, Statutes of Nevada 2019, at page 3666, is hereby amended to read as follows:
Sec. 2. 1. The Division, in consultation with the stakeholders group, shall develop, create and oversee the NV Grow Program to stimulate Nevadas economy with a view toward providing assistance to businesses that are already located and operating in this State rather than recruiting businesses from other states to relocate in Nevada.
κ2023 Statutes of Nevada, Page 2708 (CHAPTER 440, SB 126)κ
to businesses that are already located and operating in this State rather than recruiting businesses from other states to relocate in Nevada.
2. Under the auspices of the program:
(a) Institutions of the Nevada System of Higher Education located in Clark County [and the Nevada Small Business Development Center in Clark County] shall, in cooperation with the geographic information system specialist employed at the College of Southern Nevada, mentor and track businesses participating in the program in Clark County. The Clark County Department of Business License will coordinate with the College to provide such data as may be necessary for the operation of the program in Clark County.
(b) The Nevada Small Business Development Centers located in Clark County and Washoe County shall each cooperate with the geographic information system specialist employed to assist businesses in Clark County that are participating in the program with marketing and other efforts.
3. The Division shall select the lead counselor and manage the NV Grow Program, which must include, without limitation:
(a) The employment and supervision of the lead counselor at the College of Southern Nevada who, in addition to his or her other duties, serves as the coordinator of the program . [;] The Division shall, to the extent practicable, ensure that the work of the lead counselor of the program is supervised by at least two employees of the Division or an advisory team appointed by the Division.
(b) The employment and training of a geographic information specialist at the College of Southern Nevada who provides data to clients of the stakeholders group . [;] To the extent practicable, the geographic information specialist must receive training in geographic information systems at the Nevada Small Business Development Center located in Washoe County.
(c) The appointment of the College of Southern Nevada as administrator of the geographic information system and fiscal agent for the program . [;]
(d) An analysis and identification by the Division of businesses and business sectors in this State that are ready to expand and a determination of which of these businesses and business sectors will participate in the program . [;]
(e) Identification by the [Centers] Nevada Small Business Development Center located in Clark County and the Division of the skilled labor that exists in this State and its potential for growth . [;]
(f) Targeting by the Centers and the Division of business sectors and occupations in this State that have demonstrated the ability to grow and stimulate the economy of the State . [;]
(g) A focus by the [Centers] Nevada Small Business Development Center located in Clark County and the Division on the utilization of existing resources . [;]
(h) The harnessing of the academic expertise of the College of Southern Nevada and the Centers to provide economic and market data to contribute to the diversification and growth of the economy of this State . [;]
(i) The use of geographic information systems by the College of Southern Nevada and the Centers to map areas of this State to determine locations in which retail sales and other commerce are flourishing and locations in which retail sales and commerce demonstrate the capacity for further growth .
κ2023 Statutes of Nevada, Page 2709 (CHAPTER 440, SB 126)κ
determine locations in which retail sales and other commerce are flourishing and locations in which retail sales and commerce demonstrate the capacity for further growth . [;]
(j) The elements described in subsection 2 . [;]
(k) The provision of informational and other assistance by the College of Southern Nevada to businesses and business sectors in this State, including, without limitation, business training, nontraditional marketing techniques and business mentoring . [; and]
(l) Such other components as the Division, in consultation with the stakeholders group, determines are likely to be necessary, advisable or advantageous for the growth and development of businesses located in this State.
4. The program shall, insofar as is possible, use the resources and expertise of the Centers and make available those resources and that expertise to businesses in this State for the purposes of:
(a) Developing business connections and business mentorships within the program;
(b) Exchanging data and other information with and between businesses and trade associations;
(c) Creating and facilitating peer-to-peer mentoring sessions for participants in the NV Grow Program; [and]
(d) Providing to businesses and business sectors data and other information that is calculated or otherwise generated through the use of geographic information systems [.] ; and
(e) Providing to participants in the NV Grow Program classes and resources on business development and business financing.
5. To the extent possible, the program must be conducted with the goal of selecting at least 30 businesses in Clark County to participate in the program every year.
6. To qualify to participate in the program, a business must:
(a) Have its principal place of business within the State of Nevada and have had its principal place of business in this State for at least 2 years;
(b) Generate at least $50,000 but not more than $700,000 in revenue; and
(c) Have a business plan.
7. As used in this section:
(a) Business plan means a written statement of a set of business goals, the reasons those goals are believed to be attainable and the plan for reaching those goals.
(b) Centers means all institutions of the Nevada System of Higher Education, including, without limitation, the College of Southern Nevada and the University of Nevada, Reno.
(c) Geographic information system means a computerized database management system for the capture, storage, retrieval, analysis and display of spatial or locationally defined data.
(d) Stakeholders group means a group of persons interested in economic development in this State selected by the Division, including, without limitation, a representative of the College of Southern Nevada, the University of Nevada, Las Vegas, the Urban Chamber of Commerce of Las Vegas, the Las Vegas Latin Chamber of Commerce, the African Chamber of Commerce and Tourism, the Vegas Chamber, the Henderson Chamber of Commerce, the Asian Community Development Council, the Valley Center Opportunity Zone, the University of Nevada Cooperative Extension in Clark County, Clark County and incorporated cities in Clark County and various entities affiliated with the Small Business Administration.
κ2023 Statutes of Nevada, Page 2710 (CHAPTER 440, SB 126)κ
Vegas Chamber, the Henderson Chamber of Commerce, the Asian Community Development Council, the Valley Center Opportunity Zone, the University of Nevada Cooperative Extension in Clark County, Clark County and incorporated cities in Clark County and various entities affiliated with the Small Business Administration.
Sec. 2. 1. There is hereby appropriated from the State General Fund to the College of Southern Nevada the following sums:
For the Fiscal Year 2023-2024.................................................... $950,000
For the Fiscal Year 2024-2025.................................................... $950,000
2. Of the sums appropriated by subsection 1:
(a) An allocation of $100,000 must be disbursed each fiscal year to the University of Nevada Cooperative Extension in Clark County to provide counseling, training in geographic information systems and data scrubbing services for the Program.
(b) An allocation of $30,000 must be disbursed each fiscal year to the stakeholders group, as defined in subsection 7 of section 2 of the NV Grow Act, to employ or contract with a marketing professional on a part-time basis to provide marketing services for the Program.
3. Except as otherwise provided in subsection 2, the College of Southern Nevada shall use the money appropriated pursuant to subsection 1 to:
(a) Provide or obtain such services as may be necessary to assist and carry out the Program;
(b) Provide training to the geographic information specialist employed pursuant to paragraph (b) of subsection 3 of section 2 of the NV Grow Act to assist small businesses who participate in the Program, including, without limitation, travel expenses to receive training from a geographic information specialist at the Nevada Small Business Development Center in Washoe County at least once every 3 months for not less than 1 year;
(c) Provide stipends for the counselors and members of the faculty of the Nevada System of Higher Education who provide services in connection with the Program; and
(d) Make direct program expenditures to assist and carry out the Program, including, without limitation, expenditures for data software, marketing tools, interns, field trips and grants to members of the stakeholders group, as defined in subsection 7 of section 2 of the NV Grow Act, to assist and carry out the Program.
4. Any remaining balance of the sums appropriated by subsection 1 must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, 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.
5. As used in this section, Program means the NV Grow Program created pursuant to section 2 of the NV Grow Act, chapter 459, Statutes of Nevada 2015, as last amended by chapter 570, Statutes of Nevada 2019, at page 3666.
Secs. 3 and 3.5. (Deleted by amendment.)
κ2023 Statutes of Nevada, Page 2711 (CHAPTER 440, SB 126)κ
Sec. 4. Any remaining balance of the money received by the Division of Workforce and Economic Development of the College of Southern Nevada from any gifts, grants or donations accepted by the Division pursuant to section 4.5 of the NV Grow Act, chapter 459, Statutes of Nevada 2015, as last amended by chapter 570, Statutes of Nevada 2019, at page 3669, that has not been committed for expenditure before July 1, 2023, must be transferred to an account in the State General Fund administered by the College of Southern Nevada for the purposes of carrying out the provisions of the NV Grow Act.
Sec. 5. Upon acceptance of the money appropriated by section 2 of this act, the College of Southern Nevada agrees to:
1. Prepare and transmit quarterly reports to the Interim Finance Committee that describe each expenditure made from the money appropriated by section 2 of this act, other than the money allocated pursuant to subsection 2 of section 2 of this act, from the date on which the money was received by the College of Southern Nevada through December 1, 2024;
2. 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 section 2 of this act, other than the money allocated pursuant to subsection 2 of section 2 of this act, from the date on which the money was received by the College of Southern Nevada through June 30, 2025; and
3. 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 College of Southern Nevada, 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 section 2 of this act, other than the money allocated pursuant to subsection 2 of section 2 of this act.
Sec. 6. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 2712κ
Senate Bill No. 195Senators Nguyen, Spearman, D. Harris, Stone, Buck; Donate, Dondero Loop, Pazina and Scheible
Joint Sponsors: Assemblymen Yeager, Watts; Bilbray-Axelrod, Carter, Duran, Gonzαlez, Hafen, Koenig and Peters
CHAPTER 441
[Approved: June 13, 2023]
AN ACT relating to cannabis; revising provisions relating to disciplinary action taken by the Cannabis Compliance Board against the holder of a license or registration card issued by the Board; requiring the Board to adopt regulations governing the transfer of an ownership interest in a cannabis establishment; revising provisions governing the fees the Board is authorized to charge; requiring the Board to adopt regulations governing the charging and collecting of certain fees; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth the procedures by which the Cannabis Compliance Board may take disciplinary action against a licensee or registrant who violates a provision of existing law governing the cannabis industry in this State or any regulation adopted by the Board. (NRS 678A.500-678A.600) Sections 2 and 4 of this bill authorize the Board to resolve any matter concerning a licensee or registrant who has allegedly committed such a violation by entering into a consent or settlement agreement with the licensee or registrant so long as the Board discusses and approves the terms of the agreement, and any modification of those terms, at a meeting of the Board. Section 3 of this bill sets forth certain mitigating circumstances concerning a violation. Section 2 requires the Board to consider whether any of those mitigating circumstances exist in determining whether to approve or modify the terms of a consent or settlement agreement.
If the Board elects to proceed with disciplinary action against a licensee or registrant, existing law requires the Board or the Executive Director of the Board to serve upon the licensee or registrant a complaint setting forth the acts or omissions for which the licensee or registrant is charged and certain other information. (NRS 678A.520) Section 5 of this bill requires the complaint to charge multiple alleged violations as a single alleged violation under certain circumstances. Section 5 also requires the complaint to include the penalties being sought against the licensee or registrant.
If the Board determines that a licensee or registrant has violated a provision of existing law governing the cannabis industry in this State or any regulation adopted by the Board, existing law authorizes the Board to: (1) limit, condition, suspend or revoke the license or registration card of the licensee or registrant; (2) impose a civil penalty in an amount established by the Board by regulation; or (3) take both of those actions. (NRS 678A.600) Section 7 of this bill: (1) requires the Board, in determining the appropriate action to be taken against such a licensee or registrant, to consider whether any of the mitigating circumstances set forth in section 3 exist; (2) limits the amount of a civil penalty the Board is authorized to impose for a single violation to $20,000; and (3) authorizes the Board to take certain additional actions. Section 6 of this bill requires that certain information concerning the mitigating factors considered by the Board pursuant to section 7 be included in the written decision of the Board following a disciplinary hearing in certain circumstances.
κ2023 Statutes of Nevada, Page 2713 (CHAPTER 441, SB 195)κ
Existing law requires an applicant for a license to pay to the Board the actual costs incurred by the Board in processing the application, including, without limitation, conducting background checks. (NRS 678B.390) Section 11 of this bill revises that requirement to instead require an applicant to pay the actual costs paid by the Board to a law enforcement agency or other person who is not an employee of the Board to conduct any background checks in connection with the application.
Existing regulations of the Board require the Board to charge each cannabis establishment, at an hourly rate established by the Board, an assessment for the costs of various ongoing activities of the Board relating to the oversight of the cannabis establishment, including, without limitation, routine inspections and audits, the investigation of certain complaints and investigations based on any type of requested transfer of interest. (Nev. Cannabis Compliance Bd. Regs. § 6.025) Section 11 prohibits the Board from charging a licensee, registrant or applicant for a license or registration card any fee, cost, fine or other charge that is not expressly authorized by the provisions of existing law governing the cannabis industry in this State, including, with certain exceptions set forth in section 11, any charge for the costs of ongoing activities of the Board relating to the oversight of a cannabis establishment.
Existing regulations of the Board set forth various requirements for the transfer of an ownership interest in a cannabis establishment. (Nev. Cannabis Compliance Bd. Regs. § 5.110) Section 10 of this bill specifically requires the Board to adopt regulations by which the holder of an ownership interest in a cannabis establishment may transfer all or any portion of the ownership interest to another qualified person. Section 11 authorizes the Board to charge a cannabis establishment for the actual costs paid by the Board to a law enforcement agency or other person who is not an employee of the Board to conduct any background checks in connection with a transfer of ownership interest in the cannabis establishment.
In addition to any other applicable fees, section 11 also authorizes the Board to charge a licensee or an applicant for a license certain amounts for the costs incurred by the Board in conducting an investigation in connection with: (1) a transfer of an ownership interest in a cannabis establishment; (2) an application for the initial issuance of a license; (3) a request to obtain any approval that may be required by the Board to enter into an agreement to provide management services to a cannabis establishment; and (4) any waiver that is requested pursuant to the provisions of existing law governing cannabis. Section 11 limits the amounts that may be charged to a reasonable hourly fee for each hour spent by agents of the Board in conducting the investigation and travel expenses and per diem allowances for such agents. Section 9.5 of this bill requires the Board to adopt regulations establishing certain procedures and requirements for the charging and collecting of such amounts.
Section 12 of this bill makes a conforming change to refer to provisions that have been renumbered in section 11.
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 678A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The Board may, at any time, resolve a matter involving a licensee or registrant who has allegedly violated a provision of this title or any regulation adopted pursuant thereto by entering into a consent or settlement agreement with the licensee or registrant so long as the terms of the agreement, and any modification of those terms, are discussed and approved at a meeting of the Board.
κ2023 Statutes of Nevada, Page 2714 (CHAPTER 441, SB 195)κ
2. In determining whether to approve or modify the terms of a consent or settlement agreement pursuant to subsection 1, the Board shall consider whether any of the mitigating circumstances set forth in section 3 of this act exist.
3. The Board shall state on the record in any meeting in which the terms of a consent or settlement agreement are approved or modified pursuant to subsection 1:
(a) The determination of the Board as to whether any of the mitigating circumstances set forth in section 3 of this act exist; and
(b) If the Board determines that any of the mitigating circumstances exist, the weight given by the Board to each mitigating circumstance in determining whether to approve or modify the terms of the agreement.
4. If the terms of a consent or settlement agreement impose a civil penalty, the statement required by paragraph (b) of subsection 3 must specify the weight given by the Board to each mitigating circumstance in determining whether to approve or modify the amount of the civil penalty.
Sec. 3. 1. A violation of any provision of this title or any regulation adopted pursuant thereto may be mitigated by any of the following circumstances:
(a) The licensee or registrant self-reported the violation to the Board or an agent of the Board.
(b) For a violation committed by a licensee, the licensee has:
(1) Submitted to the Board a plan to correct the violation which has been approved by the Board or deemed approved pursuant to subsection 2; and
(2) Taken action to correct the violation.
(c) The licensee or registrant has made a good faith effort to prevent violations from occurring, including, without limitation, by:
(1) Providing regular training to the employees of the licensee or registrant which has been documented and which was provided before the commencement of an investigation by the Board concerning the violation; or
(2) Establishing, before the commencement of an investigation by the Board concerning the violation, standard operating procedures that include procedures which directly address the conduct constituting the violation.
(d) The licensee or registrant has cooperated in the investigation of the violation in such a manner as to demonstrate that the licensee or registrant accepts responsibility for the violation.
(e) Any other mitigating circumstance established by the Board by regulation exists.
2. For the purposes of subparagraph (1) of paragraph (b) of subsection 1, if a licensee has submitted a plan to correct a violation and the Board does not take action to approve or reject the plan within 30 days after the date on which the plan was submitted, the plan shall be deemed to be approved by the appropriate agent of the Board.
Sec. 4. NRS 678A.510 is hereby amended to read as follows:
678A.510 1. If the Executive Director transmits the details of a suspected violation to the Attorney General pursuant to NRS 678A.500, the Attorney General shall conduct an investigation of the suspected violation to determine whether it warrants proceedings for disciplinary action of the licensee or registrant. If the Attorney General determines that further proceedings are warranted, he or she shall report the results of the investigation together with a recommendation to the Executive Director in a manner which does not violate the right of the person charged in the complaint to due process in any later hearing on the complaint.
κ2023 Statutes of Nevada, Page 2715 (CHAPTER 441, SB 195)κ
proceedings are warranted, he or she shall report the results of the investigation together with a recommendation to the Executive Director in a manner which does not violate the right of the person charged in the complaint to due process in any later hearing on the complaint. The Executive Director shall transmit the recommendation and other information received from the Attorney General to the Board.
2. The Board shall promptly make a determination with respect to each complaint resulting in an investigation by the Attorney General. The Board shall:
(a) Dismiss the complaint; [or]
(b) Enter into a consent or settlement agreement with the licensee or registrant pursuant to section 2 of this act; or
(c) Proceed with appropriate disciplinary action in accordance with NRS 678A.520 to 678A.600, inclusive, and the regulations adopted by the Board. In determining the disciplinary action to impose the Board shall consider mitigating factors pursuant to section 3 of this act.
Sec. 5. NRS 678A.520 is hereby amended to read as follows:
678A.520 1. If the Board proceeds with disciplinary action pursuant to NRS 678A.510, the Board or the Executive Director shall serve a complaint upon the respondent either personally, or by registered or certified mail at the address of the respondent that is on file with the Board. Such complaint must [be] :
(a) Be a written statement of charges [and must set] ;
(b) Set forth in ordinary and concise language the acts or omissions with which the respondent is charged [. The complaint must specify] ;
(c) Specify the statutes and regulations which the respondent is alleged to have violated [, but must not] ;
(d) Not consist merely of charges raised in the language of the statutes or regulations [. The complaint must provide] which the respondent is alleged to have violated;
(e) If the respondent is alleged to have committed multiple violations consisting of the same or a similar act, omission or course of conduct, charge those violations as a single alleged violation if the violations:
(1) Are closely related in time, place and circumstance; and
(2) Were all discovered in the course of a single audit, inspection or investigation;
(f) Specify the penalty being sought against the respondent; and
(g) Provide notice of the right of the respondent to request a hearing. [The Chair of the Board may grant an extension to respond to the complaint for good cause.]
2. The Chair of the Board may grant an extension to respond to the complaint for good cause. Unless granted such an extension, the respondent must answer within 20 days after the service of the complaint. In the answer the respondent:
(a) Must state in short and plain terms the defenses to each claim asserted.
(b) Must admit or deny the facts alleged in the complaint.
(c) Must state which allegations the respondent is without knowledge or information to form a belief as to their truth. Such allegations shall be deemed denied.
(d) Must affirmatively set forth any matter which constitutes an avoidance or affirmative defense.
κ2023 Statutes of Nevada, Page 2716 (CHAPTER 441, SB 195)κ
(e) May demand a hearing. Failure to demand a hearing constitutes a waiver of the right to a hearing and to judicial review of any decision or order of the Board, but the Board may order a hearing even if the respondent so waives his or her right.
3. Failure to answer or to appear at the hearing constitutes an admission by the respondent of all facts alleged in the complaint. The Board may take action based on such an admission and on other evidence without further notice to the respondent. If the Board takes action based on such an admission, the Board shall include in the record which evidence was the basis for the action.
4. The Board shall determine the time and place of the hearing as soon as is reasonably practical after receiving the respondents answer. The Board shall deliver or send by registered or certified mail a notice of hearing to all parties at least 10 days before the hearing. The hearing must be held within 45 days after receiving the respondents answer unless an expedited hearing is determined to be appropriate by the Board, in which event the hearing must be held as soon as practicable. The Chair of the Board may grant one or more extensions to the 45-day requirement pursuant to a request of a party or an agreement by both parties.
Sec. 6. NRS 678A.590 is hereby amended to read as follows:
678A.590 1. Within 60 days after the hearing of a contested matter, the Board shall render a written decision on the merits which must contain findings of fact, a determination of the issues presented and the penalty to be imposed, if any. If the Board determines that the licensee or registrant has violated any provision of this title or any regulation adopted pursuant thereto, the written decision must set forth the determination of the Board as to whether any of the mitigating circumstances required to be considered by the Board pursuant to NRS 678A.600 exist and, if so, the weight given to each mitigating circumstance in determining the appropriate action to be taken pursuant to that section. The Board shall thereafter make and enter its written order in conformity to its decision. No member of the Board who did not hear the evidence may vote on the decision. The affirmative votes of a majority of the whole Board are required to impose any penalty. Copies of the decision and order must be served on the parties personally or sent to them by registered or certified mail. The decision is effective upon such service, unless the Board orders otherwise.
2. The Board may, upon motion made within 10 days after service of a decision and order, order a rehearing before the Board upon such terms and conditions as it may deem just and proper if a petition for judicial review of the decision and order has not been filed. The motion must not be granted except upon a showing that there is additional evidence which is material and necessary and reasonably calculated to change the decision of the Board, and that sufficient reason existed for failure to present the evidence at the hearing of the Board. The motion must be supported by an affidavit of the moving party or his or her counsel showing with particularity the materiality and necessity of the additional evidence and the reason why it was not introduced at the hearing. Upon rehearing, rebuttal evidence to the additional evidence must be permitted. After rehearing, the Board may modify its decision and order as the additional evidence may warrant.
κ2023 Statutes of Nevada, Page 2717 (CHAPTER 441, SB 195)κ
Sec. 7. NRS 678A.600 is hereby amended to read as follows:
678A.600 1. If the Board finds that a licensee or registrant has violated a provision of this title or any regulation adopted pursuant thereto, the Board may [take any or all of the following actions:
1.] :
(a) Limit, condition, suspend or revoke the license or registration card of the licensee or registrant [.
2.] ;
(b) Impose a civil penalty in an amount established by regulation , not to exceed $20,000 for [each] a single violation [.] ;
(c) Take any combination of the actions authorized by paragraphs (a) and (b);
(d) Issue a warning to the licensee or registrant; or
(e) Take no action against the licensee or registrant.
2. In determining the appropriate action to be taken against a licensee or registrant pursuant to this section, including, without limitation, the amount of any civil penalty imposed, the Board shall consider whether any of the mitigating circumstances set forth in section 3 of this act exist.
Secs. 8 and 9. (Deleted by amendment.)
Sec. 9.5. Chapter 678B of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Board shall adopt regulations governing the charging and collecting of costs incurred in connection with a specified investigation pursuant to subsection 5 of NRS 678B.390. The regulations must:
(a) Require the Board, before the commencement of the investigation, to provide a licensee or an applicant an estimate of the anticipated costs of the investigation;
(b) Require the Board to provide to a licensee or an applicant an itemized list of the costs incurred in the investigation and set forth timelines for the provision of such an itemized list;
(c) Establish procedures by which a licensee or an applicant may request from the Board documentation prepared by any agent of the Board conducting the investigation relating to the costs of the investigation; and
(d) Establish a process by which a licensee or an applicant may appeal to the Board and request a reduction of the total amount charged for the investigation if the total amount charged exceeds the estimate of the anticipated costs provided to the licensee or applicant by 25 percent or more.
2. Failure of a licensee or an applicant to pay the costs charged by the Board pursuant to subsection 5 of NRS 678B.390 when due is grounds for disciplinary action, except that the Board may not refuse to issue or renew a license or deny a request for a transfer of interest, approval or waiver for the failure to pay such costs.
Sec. 10. NRS 678B.380 is hereby amended to read as follows:
678B.380 1. Except as otherwise provided by regulations adopted by the Board pursuant to subsection 2, the following are nontransferable:
(a) A cannabis establishment agent registration card.
(b) A cannabis establishment agent registration card for a cannabis executive.
(c) A cannabis establishment agent registration card for a cannabis receiver.
(d) A medical cannabis establishment license.
κ2023 Statutes of Nevada, Page 2718 (CHAPTER 441, SB 195)κ
(e) An adult-use cannabis establishment license.
2. The Board shall adopt regulations which prescribe procedures and requirements by which a holder of [a] :
(a) A license may transfer the license to another party who is qualified to hold such a license pursuant to the provisions of this chapter. [Such]
(b) An ownership interest in a cannabis establishment may transfer all or any portion of the ownership interest to another party who is qualified to hold an ownership interest in a cannabis establishment pursuant to the provisions of this chapter.
3. The regulations adopted pursuant to subsection 2 may give priority in the processing of transfers of licenses to a transfer in which the transferor is:
(a) Subject to a receivership;
(b) Involved in a recapitalization; or
(c) A party to a court proceeding involving financial distress.
[3.] 4. The regulations adopted pursuant to subsection 2 must:
(a) Prohibit the holder of an adult-use cannabis establishment license for an independent cannabis consumption lounge from transferring the license until at least 2 years from the date on which the independent cannabis consumption lounge for which the license was issued became operational;
(b) Require the holder of an adult-use cannabis establishment license for an independent cannabis consumption lounge who wishes to cease operations before the independent cannabis consumption lounge for which the license was issued has been operational for at least 2 years to surrender the license to the Board; and
(c) Require the Board to hold a license surrendered pursuant to paragraph (b) in reserve for issuance to an applicant for such a license in the future.
Sec. 11. NRS 678B.390 is hereby amended to read as follows:
678B.390 1. Except as otherwise provided in subsection 3, the Board shall collect not more than the following maximum fees:
For the initial issuance of a medical cannabis establishment license for a medical cannabis dispensary...................................................................................................... $30,000
For the renewal of a medical cannabis establishment license for a medical cannabis dispensary 5,000
For the initial issuance of a medical cannabis establishment license for a medical cannabis cultivation facility........................................................................................................... 3,000
For the renewal of a medical cannabis establishment license for a medical cannabis cultivation facility 1,000
For the initial issuance of a medical cannabis establishment license for a medical cannabis production facility........................................................................................................... 3,000
For the renewal of a medical cannabis establishment license for a medical cannabis production facility 1,000
For the initial issuance of a medical cannabis establishment license for a medical cannabis independent testing laboratory......................................................................................... 5,000
κ2023 Statutes of Nevada, Page 2719 (CHAPTER 441, SB 195)κ
For the renewal of a medical cannabis establishment license for a medical cannabis independent testing laboratory...................................................................................... $3,000
For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis retail store......................................................................................................... 20,000
For the renewal of an adult-use cannabis establishment license for an adult-use cannabis retail store 6,600
For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis cultivation facility............................................................................................ 30,000
For the renewal of an adult-use cannabis establishment license for an adult-use cannabis cultivation facility......................................................................................................... 10,000
For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis production facility............................................................................................ 10,000
For the renewal of an adult-use cannabis establishment license for an adult-use cannabis production facility........................................................................................................... 3,300
For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis independent testing laboratory......................................................................... 15,000
For the renewal of an adult-use cannabis establishment license for an adult-use cannabis independent testing laboratory......................................................................................... 5,000
For the initial issuance of an adult-use cannabis establishment license for a retail cannabis consumption lounge......................................................................................................... 10,000
For the renewal of an adult-use cannabis establishment license for a retail cannabis consumption lounge......................................................................................................... 10,000
For the initial issuance of an adult-use cannabis establishment license for an independent cannabis consumption lounge............................................................................................. 10,000
For the renewal of an adult-use cannabis establishment license for an independent cannabis consumption lounge......................................................................................................... 10,000
For the initial issuance of an adult-use cannabis establishment license for an adult-use cannabis distributor......................................................................................................... 15,000
For the renewal of an adult-use cannabis establishment license for an adult-use cannabis distributor 5,000
For each person identified in an application for the initial issuance of a cannabis establishment agent registration card....................................................................................................... 150
For each person identified in an application for the renewal of a cannabis establishment agent registration card.............................................................................................................. 150
2. The Board may by regulation establish reduced fees for:
(a) The initial issuance and renewal of an adult-use cannabis establishment license for an independent cannabis consumption lounge; and
(b) The application fee set forth in subsection 3,
κ2023 Statutes of Nevada, Page 2720 (CHAPTER 441, SB 195)κ
Κ for a social equity applicant. Such a reduction must not reduce the fee paid by a social equity applicant by more than 75 percent of the fee paid by an applicant who is not a social equity applicant.
3. Except as otherwise provided in subsection 2, in addition to the fees described in subsection 1, each applicant for a medical cannabis establishment license or adult-use cannabis establishment license must pay to the Board:
(a) For an application for a license other than an adult-use cannabis establishment license for a retail cannabis consumption lounge or independent cannabis consumption lounge, a one-time, nonrefundable application fee of $5,000;
(b) For an application for an adult-use cannabis establishment license for a retail cannabis consumption lounge, a one-time, nonrefundable application fee of $100,000;
(c) For an application for an adult-use cannabis establishment license for an independent cannabis consumption lounge, a one-time, nonrefundable application fee of $10,000; and
(d) The actual costs [incurred] paid by the Board [in processing the application, including, without limitation, conducting] to a law enforcement agency or other person who is not an employee of the Board to conduct any background checks [.] in connection with the application.
4. The Board may charge a cannabis establishment for the actual costs paid by the Board to a law enforcement agency or other person who is not an employee of the Board to conduct any background checks in connection with a transfer of ownership interest in the cannabis establishment pursuant to the regulations adopted by the Board pursuant to NRS 678B.380.
5. In addition to any other applicable fees described in subsections 1, 3 and 4, the Board may charge a licensee or an applicant for a license the amounts specified in subsection 6 for the costs incurred by the Board and its staff for an investigation conducted in connection with:
(a) A transfer of ownership interest in a cannabis establishment pursuant to the regulations adopted by the Board pursuant to NRS 678B.380;
(b) An application for the initial issuance of a license;
(c) A request to obtain any approval that may be required by the Board to enter into an agreement to provide management services to a cannabis establishment; or
(d) A waiver that is requested pursuant to the provisions of this title or the regulations adopted pursuant thereto.
6. The charges authorized by subsection 5 must be limited to:
(a) A reasonable hourly fee at a rate established by the Board by regulation for each hour spent by agents of the Board in conducting the investigation; and
(b) Costs for the travel expenses and per diem allowances of the agents of the Board conducting the investigation. The per diem allowances and travel expenses must be assessed at the rate established by the State Board of Examiners for state officers and employees generally.
7. Any revenue generated from the fees imposed pursuant to this section:
(a) Must be expended first to pay the costs of the Board in carrying out the provisions of this title; and
κ2023 Statutes of Nevada, Page 2721 (CHAPTER 441, SB 195)κ
(b) If any excess revenue remains after paying the costs described in paragraph (a), such excess revenue must be paid over to the State Treasurer to be deposited to the credit of the State Education Fund.
8. The Board shall not charge a licensee, registrant or applicant for a license or registration card any fee, cost, fine or other charge that is not expressly authorized by the provisions of this title. Such prohibited charges include, without limitation, any charge for the costs of ongoing activities of the Board relating to the oversight of a cannabis establishment, including, without limitation, any charge for costs relating to:
(a) Except as otherwise provided in subsection 5, travel or lodging for an agent of the Board;
(b) Any routine inspection or audit;
(c) The preparation for and attendance at a hearing by an agent of the Board;
(d) An investigation of a complaint submitted to the Board by a person who is not associated with the Board; or
(e) Except as otherwise provided in subsections 3, 4 and 5, any other type of inspection, audit or investigation.
Sec. 12. NRS 387.1212 is hereby amended to read as follows:
387.1212 1. The State Education Fund is hereby created as a special revenue fund to be administered by the Superintendent of Public Instruction for the purpose of supporting the operation of the public schools in this State. The interest and income earned on the money in the Fund, excluding the direct legislative appropriation from the State General Fund required by subsection 3, must, after deducting any applicable charges, be credited to the Fund.
2. Money which must be deposited for credit to the State Education Fund includes, without limitation:
(a) All money derived from interest on the State Permanent School Fund, as provided in NRS 387.030;
(b) The proceeds of the tax imposed pursuant to NRS 244.33561 and any applicable penalty or interest, less any amount retained by the county treasurer for the actual cost of collecting and administering the tax;
(c) The proceeds of the tax imposed pursuant to subsection 1 of NRS 387.195;
(d) The money identified in subsection 8 of NRS 120A.610;
(e) The portion of the money in each special account created pursuant to subsection 1 of NRS 179.1187 which is identified in paragraph (d) of subsection 2 of NRS 179.1187;
(f) The money identified in paragraph (d) of subsection 6 of NRS 278C.250;
(g) The money identified in subsection 1 of NRS 328.450;
(h) The money identified in subsection 1 of NRS 328.460;
(i) The money identified in paragraph (a) of subsection 2 of NRS 360.850;
(j) The money identified in paragraph (a) of subsection 2 of NRS 360.855;
(k) The money required to be transferred to the State Education Fund pursuant to NRS 362.100;
(l) The money required to be paid over to the State Treasurer for deposit to the credit of the State Education Fund pursuant to subsection 4 of NRS 362.170;
κ2023 Statutes of Nevada, Page 2722 (CHAPTER 441, SB 195)κ
(m) The portion of the proceeds of the tax imposed pursuant to subsection 1 of NRS 372A.290 identified in paragraph (b) of subsection 4 of NRS 372A.290;
(n) The proceeds of the tax imposed pursuant to subsection 3 of NRS 372A.290;
(o) The proceeds of the fees, taxes, interest and penalties imposed pursuant to chapter 374 of NRS, as transferred pursuant to subsection 3 of NRS 374.785;
(p) The money identified in subsection 5 of NRS 445B.640;
(q) The money identified in paragraph (b) of subsection [4] 7 of NRS 678B.390;
(r) The portion of the proceeds of the excise tax imposed pursuant to subsection 1 of NRS 463.385 identified in paragraph (c) of subsection 5 of NRS 463.385;
(s) The money required to be distributed to the State Education Fund pursuant to subsection 3 of NRS 482.181;
(t) The portion of the proceeds of the fee imposed pursuant to NRS 488.075 identified in subsection 2 of NRS 488.075;
(u) The portion of the net profits of the grantee of a franchise, right or privilege identified in NRS 709.110;
(v) The portion of the net profits of the grantee of a franchise identified in NRS 709.230;
(w) The portion of the net profits of the grantee of a franchise identified in NRS 709.270;
(x) The money required to be distributed to the State Education Fund pursuant to NRS 363D.290; and
(y) The direct legislative appropriation from the State General Fund required by subsection 3.
3. In addition to money from any other source provided by law, support for the State Education Fund must be provided by direct legislative appropriation from the State General Fund in an amount determined by the Legislature to be sufficient to fund the operation of the public schools in this State for kindergarten through grade 12 for the next ensuing biennium for the population reasonably estimated for that biennium. Money in the State Education Fund does not revert to the State General Fund at the end of a fiscal year, and the balance in the State Education Fund must be carried forward to the next fiscal year.
4. Money in the Fund must be paid out on claims as other claims against the State are paid.
Sec. 13. This act becomes effective upon passage and approval.
________
κ2023 Statutes of Nevada, Page 2723κ
Senate Bill No. 205Senators Hansen, Stone, Titus, Goicoechea; Krasner and Seevers Gansert
CHAPTER 442
[Approved: June 13, 2023]
AN ACT relating to off-highway vehicles; revising provisions governing the registration of certain off-highway vehicles; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law: (1) requires the annual registration of certain off-highway vehicles, including large all-terrain vehicles, with the Department of Motor Vehicles; and (2) exempts from such requirements an off-highway vehicle which is registered or certified in another state and is located in this State for not more than 15 days. (NRS 490.082, 490.0825) Section 1.5 of this bill authorizes the owners of such vehicles to register such vehicles for a 1-year or 3-year period. Section 1.5 also provides that the existing exemption from registration for off-highway vehicles which are registered or certified in another state applies only if the off-highway vehicle is registered or certified in a state which provides a similar exemption from registration for off-highway vehicles registered in this State.
Existing law requires the Commission on Off-Highway Vehicles within the State Department of Conservation and Natural Resources to determine the fee for the annual registration of an off-highway vehicle. (NRS 490.084) Section 2 of this bill additionally requires the Commission to determine the fee for the triennial registration of an off-highway vehicle. Section 1 of this bill makes a conforming change to reflect the new fee structure.
Section 2.5 of this bill requires the Director of the Department of Motor Vehicles to notify the Governor and the Director of the Legislative Counsel Bureau when the Director of the Department determines that sufficient resources are available to enable the Department to carry out the provisions of sections 1, 1.5 and 2 and requires the Director to publish such notice on the Internet website of the Department. Under section 3 of this bill, the provisions of sections 1, 1.5 and 2 become effective on the date on which the Director provides such notice.
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 490.070 is hereby amended to read as follows:
490.070 1. Upon the request of an off-highway vehicle dealer, the Department may authorize the off-highway vehicle dealer to receive and submit to the Department applications for the:
(a) Issuance of certificates of title and registration for off-highway vehicles; and
(b) Renewal of registration for off-highway vehicles.
2. An authorized dealer shall:
(a) Except as otherwise provided in subsection 4, submit to the State Treasurer for allocation to the Department all fees collected by the authorized dealer from each applicant and properly account for those fees each month;
(b) Comply with the regulations adopted pursuant to subsection 5; and
κ2023 Statutes of Nevada, Page 2724 (CHAPTER 442, SB 205)κ
(c) Bear any cost of equipment which is required to receive and submit to the Department the applications described in subsection 1, including any computer software or hardware.
3. Except as otherwise provided in subsection 4, an authorized dealer is not entitled to receive compensation for the performance of any services pursuant to this section.
4. An authorized dealer may charge and collect a fee of not more than $2 for each application for a certificate of title or registration received by the authorized dealer pursuant to this section. An authorized dealer may retain any fee collected by the authorized dealer pursuant to this subsection.
5. The Department shall adopt regulations to carry out the provisions of this section. The regulations must include, without limitation, provisions for:
(a) The expedient and secure issuance of:
(1) Forms for applying for the issuance of certificates of title for, or registration of, off-highway vehicles;
(2) Certificates of title and registration by the Department to each applicant whose application is approved by the Department; and
(3) Renewal notices for registrations before the date of expiration of the registrations;
(b) The renewal of registrations by mail or the Internet;
(c) The collection of a fee [of not less than $20 or more than $30] in the amount established pursuant to NRS 490.084 for the renewal of a registration of an off-highway vehicle pursuant to NRS 490.082 or 490.0825;
(d) The submission by mail or electronic transmission to the Department of an application for:
(1) The issuance of a certificate of title for, or registration of, an off-highway vehicle; or
(2) The renewal of registration of an off-highway vehicle;
(e) The replacement of a lost, damaged or destroyed certificate of title or registration certificate, sticker or decal; and
(f) The revocation of the authorization granted to a dealer pursuant to subsection 1 if the authorized dealer fails to comply with the regulations.
Sec. 1.5. NRS 490.082 is hereby amended to read as follows:
490.082 1. An owner of an off-highway vehicle that is acquired:
(a) Before July 1, 2011:
(1) May apply for, to the Department by mail or to an authorized dealer, and obtain from the Department, a certificate of title for the off-highway vehicle.
(2) Except as otherwise provided in subsection 3, shall, within 1 year after July 1, 2011, apply for, to the Department by mail or to an authorized dealer, and obtain from the Department, the registration of the off-highway vehicle.
(b) On or after July 1, 2011, shall, within 30 days after acquiring ownership of the off-highway vehicle:
(1) Apply for, to the Department by mail or to an authorized dealer, and obtain from the Department, a certificate of title for the off-highway vehicle.
(2) Except as otherwise provided in subsection 3, apply for, to the Department by mail or to an authorized dealer, and obtain from the Department, the registration of the off-highway vehicle pursuant to this section or NRS 490.0825.
κ2023 Statutes of Nevada, Page 2725 (CHAPTER 442, SB 205)κ
2. If an owner of an off-highway vehicle applies to the Department or to an authorized dealer for:
(a) A certificate of title for the off-highway vehicle, the owner shall submit to the Department or to the authorized dealer proof prescribed by the Department that he or she is the owner of the off-highway vehicle.
(b) Except as otherwise provided in NRS 490.0825, the registration of the off-highway vehicle, the owner shall submit:
(1) If ownership of the off-highway vehicle was obtained before July 1, 2011, proof prescribed by the Department:
(I) That he or she is the owner of the off-highway vehicle; and
(II) Of the unique vehicle identification number, serial number or distinguishing number obtained pursuant to NRS 490.0835 for the off-highway vehicle; or
(2) If ownership of the off-highway vehicle was obtained on or after July 1, 2011:
(I) Evidence satisfactory to the Department that he or she has paid all taxes applicable in this State relating to the purchase of the off-highway vehicle, or submit an affidavit indicating that he or she purchased the vehicle through a private party sale and no tax is due relating to the purchase of the off-highway vehicle; and
(II) Proof prescribed by the Department that he or she is the owner of the off-highway vehicle and of the unique vehicle identification number, serial number or distinguishing number obtained pursuant to NRS 490.0835 for the off-highway vehicle.
3. Registration of an off-highway vehicle is not required if the off-highway vehicle:
(a) Is owned and operated by:
(1) A federal agency;
(2) An agency of this State; or
(3) A county, incorporated city or unincorporated town in this State;
(b) Is part of the inventory of a dealer of off-highway vehicles and is affixed with a special plate provided to the off-highway vehicle dealer pursuant to NRS 490.0827;
(c) Is [registered] :
(1) Located in this State for not more than 15 days; and
(2) Registered or certified in another state [and is located] that allows off-highway vehicles that are registered in this State to operate within the boundaries of that state without being registered or certified for not [more] less than 15 days;
(d) Is used solely for husbandry on private land or on public land that is leased to or used under a permit issued to the owner or operator of the off-highway vehicle;
(e) Is used for work conducted by or at the direction of a public or private utility;
(f) Was manufactured before January 1, 1976;
(g) Is operated solely in an organized race, festival or other event that is conducted:
(1) Under the auspices of a sanctioning body; or
(2) By permit issued by a governmental entity having jurisdiction;
(h) Except as otherwise provided in paragraph (d), is operated or stored on private land or on public land that is leased to the owner or operator of the off-highway vehicle, including when operated in an organized race, festival or other event;
κ2023 Statutes of Nevada, Page 2726 (CHAPTER 442, SB 205)κ
(i) Is used in a search and rescue operation conducted by a governmental entity having jurisdiction; or
(j) Has a displacement of not more than 70 cubic centimeters.
Κ As used in this subsection, sanctioning body means an organization that establishes a schedule of racing events, grants rights to conduct those events and establishes and administers rules and regulations governing the persons who conduct or participate in those events.
4. [The] At the time of the registration or renewal of registration of an off-highway vehicle pursuant to this section or NRS 490.0825 [expires 1 year after its issuance.] , the owner of the off-highway vehicle may register the off-highway vehicle for a 1-year or 3-year period. If an owner of an off-highway vehicle fails to renew the registration of the off-highway vehicle before it expires, the registration may be reinstated upon the payment to the Department of the annual or triennial renewal fee, a late fee of $10 and, if applicable, proof of insurance required pursuant to NRS 490.0825. Any late fee collected by the Department must be deposited with the State Treasurer for credit to the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration created by NRS 490.085.
5. If a certificate of title or registration for an off-highway vehicle is lost or destroyed, the owner of the off-highway vehicle may apply to the Department by mail, or to an authorized dealer, for a duplicate certificate of title or registration. The Department may collect a fee to replace a certificate of title or registration certificate, sticker or decal that is lost, damaged or destroyed. Any such fee collected by the Department must be:
(a) Set forth by the Department by regulation; and
(b) Deposited with the State Treasurer for credit to the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration created by NRS 490.085.
6. The provisions of subsections 1 to 5, inclusive, do not apply to an owner of an off-highway vehicle who is not a resident of this State.
Sec. 2. NRS 490.084 is hereby amended to read as follows:
490.084 1. The Department shall determine the fee for issuing a certificate of title for an off-highway vehicle, but such fee must not exceed the fee imposed for issuing a certificate of title pursuant to NRS 482.429. [Money received from the payment of the fees described in this subsection must be deposited with the State Treasurer for credit to the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration created by NRS 490.085.]
2. The Commission shall determine the fee for the annual or triennial registration of an off-highway vehicle pursuant to NRS 490.082 or 490.0825, but such fee must not be [less] :
(a) Less than $20 or more than $30 [.] if the off-highway vehicle is registered for a 1-year period; and
(b) Less than $60 or more than $90 if the off-highway vehicle is registered for a 3-year period.
3. Money received from the payment of the fees described in this [subsection] section must be deposited with the State Treasurer for credit to the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration created by NRS 490.085.
Sec. 2.5. As soon as practicable, upon determining that sufficient resources are available to enable the Department of Motor Vehicles to carry out the amendatory provisions of this act, the Director of the Department shall notify the Governor and the Director of the Legislative Counsel Bureau of that fact, and shall publish on the Internet website of the Department notice to the public of that fact.
κ2023 Statutes of Nevada, Page 2727 (CHAPTER 442, SB 205)κ
Counsel Bureau of that fact, and shall publish on the Internet website of the Department notice to the public of that fact.
Sec. 3. 1. This section and section 2.5 of this act become effective upon passage and approval.
2. Sections 1, 1.5 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 the date on which the Director of the Department of Motor Vehicles, pursuant to section 2.5 of this act, notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to carry out the amendatory provisions of this act.
________
Senate Bill No. 234Senators Scheible, D. Harris, Nguyen and Ohrenschall
CHAPTER 443
[Approved: June 13, 2023]
AN ACT relating to offenders; providing for the establishment of a pilot program to provide telephone calls free of charge between certain offenders and the families of such offenders; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 1 of this bill requires the Department of Corrections to establish and administer a pilot program to provide telephone calls free of charge between offenders in the custody of the Department who have been assigned to Florence McClure Womens Correctional Center and the families of such offenders. Section 1 requires the pilot program to provide such an offender with a 15-minute telephone call each day to a member of the family of the offender free of charge. Finally, section 1 requires the Department to prepare and submit to the Board of State Prison Commissioners a report concerning the participation of offenders in the pilot program.
Section 2 of this bill expires the provisions of section 1 on January 1, 2025.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Department of Corrections shall establish and administer a pilot program to provide telephone calls between offenders in the custody of the Department who have been assigned to Florence McClure Womens Correctional Center and the families of such offenders. The program must:
(a) Be designed to facilitate and encourage a continuing relationship between the offenders and the families of such offenders; and
(b) Provide each offender with a 15-minute telephone call each day to a member of the family of the offender free of charge.
2. The Department may adopt regulations to administer the provisions of this section.
κ2023 Statutes of Nevada, Page 2728 (CHAPTER 443, SB 234)κ
3. Nothing in this section shall be construed to authorize an offender to communicate with a person if the offender is otherwise prohibited by law or court order from communicating with the person.
4. On or before July 1, 2024, the Department shall submit to the Board of State Prison Commissioners a report with its findings concerning the participation of offenders in the pilot program.
Sec. 2. 1. This section becomes effective upon passage and approval.
2. Section 1 of this act becomes effective upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act, and on July 1, 2023, for all other purposes, and expires by limitation on January 1, 2025.
________
Senate Bill No. 311Senators Hansen, Titus, Goicoechea; and Flores
CHAPTER 444
[Approved: June 13, 2023]
AN ACT relating to wildlife; authorizing the Board of Wildlife Commissioners to establish a program to allow a person to transfer his or her tag to hunt a big game mammal to certain persons; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires, with certain exceptions, a person who wishes to hunt certain designated big game mammals in this State to obtain a tag to do so. (NRS 502.130) Such a tag is not transferrable unless: (1) the person to whom the tag was issued can demonstrate the existence of an extenuating circumstance; or (2) the tag is transferred to an eligible qualified organization for use by a person with a disability or life-threatening condition or a person who is 16 years of age or younger and otherwise eligible to hunt in this State. (NRS 502.103, 502.104) Section 1 of this bill authorizes the Board of Wildlife Commissioners to adopt regulations establishing a program that allows a person to transfer his or her tag to hunt a big game mammal to any person who is under 18 years of age. Section 2 of this bill makes a conforming change to provide that transferring a tag under such a program is an exception to the prohibition on the transfer of tags.
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 502 of NRS is hereby amended by adding thereto a new section to read as follows:
The Commission may adopt regulations establishing a program which authorizes a person to transfer his or her tag to hunt a big game mammal to any person who is under 18 years of age.
Sec. 2. NRS 502.100 is hereby amended to read as follows:
502.100 Except as otherwise provided in NRS 502.103 and 502.104 [:] and section 1 of this act:
κ2023 Statutes of Nevada, Page 2729 (CHAPTER 444, SB 311)κ
1. No license provided by this title shall be transferable or used by any person other than the person to whom it was issued.
2. Every person lawfully having such licenses who transfers or disposes of the same to another person to be used as a hunting, trapping or fishing license shall forfeit the same.
Sec. 3. (Deleted by amendment.)
Sec. 4. 1. This section and section 3 of this act become effective upon passage and approval.
2. Sections 1 and 2 of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2024, for all other purposes.
________
Senate Bill No. 342Senators Goicoechea, Titus, Seevers Gansert, Buck, Stone; Daly, Donate, Dondero Loop, Flores, Hammond, Hansen, Krasner and Pazina
CHAPTER 445
[Approved: June 13, 2023]
AN ACT relating to veterinary medicine; revising provisions relating to certain requirements for participants in a program administered by the Nevada Office of the Western Interstate Commission for Higher Education; requiring the Office to enter into certain contracts and implement certain programs relating to veterinary medicine; making appropriations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the three Commissioners from the Nevada Office of the Western Interstate Commission for Higher Education to choose applicants who apply for a program administered by the Nevada Office which provides financial support to assist the applicants in attending colleges and universities located within the states and territories that are signatories to the Western Regional Education Compact. (NRS 397.020, 397.060) Existing law further requires a participant who receives a stipend from such a program to complete a practice obligation in a health professional shortage area or an area with a medically underserved population in this State. (NRS 397.0645) Section 1 of this bill provides that this requirement does not apply to a participant who receives a stipend to participate in a program to earn a degree of doctor of veterinary medicine.
Section 2 of this bill makes an appropriation from the State General Fund to the Interim Finance Committee for allocation to the Nevada Office to enter into a contract with Utah State University for a program to provide stipends for the out-of-state tuition of 70 residents of Nevada to earn a degree of doctor of veterinary medicine from the College of Veterinary Medicine at Utah State University.
Section 3 of this bill makes an appropriation from the State General Fund to the Interim Finance Committee for allocation to the Nevada Office for the salary, benefits and operating costs of a Program Officer I position to assist the Nevada Office in carrying out the program to provide stipends.
κ2023 Statutes of Nevada, Page 2730 (CHAPTER 445, SB 342)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 397.0645 is hereby amended to read as follows:
397.0645 1. A participant must repay the stipend received by the participant unless the participant:
(a) Graduates with a degree, certificate or similar credential in the area for which the participant received the stipend.
(b) Except as otherwise provided in NRS 397.0685, practices, in Nevada, the profession for which the degree, certificate or similar credential was awarded for 1 year for each year the participant receives a stipend.
(c) Except as otherwise provided in NRS 397.069:
(1) Commences the participants practice obligation within 1 year after the completion or termination of the education, internship or residency for which the participant received the stipend.
(2) Completes the participants practice obligation within 5 years after the completion or termination of the education, internship or residency for which the participant received the stipend.
(d) Reports the participants practice status annually to the Nevada Office on forms provided by the Nevada Office.
(e) Maintains the participants permanent residence in the State of Nevada throughout the period of the participants practice obligation. For purposes of this paragraph:
(1) Merely owning a residence in this State does not satisfy the requirement that a participant must maintain a permanent residence in this State.
(2) A participant who leaves the State for a limited period of time without forming the intent of changing the participants permanent residence is not considered to have moved the participants residence.
(f) If the participant received the stipend to participate in a program administered by the Nevada Office [,] other than a program for veterinary medicine, completes the practice required by paragraph (b) of subsection 1 in a health professional shortage area or an area with a medically underserved population in this State.
2. Except as otherwise provided in subsection 3, if a participant does not meet the requirements prescribed in subsection 1, the three Nevada State Commissioners, acting jointly:
(a) Shall convert the stipend into a loan to be repaid in accordance with NRS 397.064 from the first day of the term for which the participant received the stipend.
(b) Shall assess a default charge against the participant if the participant received the stipend to participate in a program administered by the Nevada Office.
κ2023 Statutes of Nevada, Page 2731 (CHAPTER 445, SB 342)κ
(c) May assess a default charge against the participant if the participant received the stipend to participate in a program administered by the office of the Western Interstate Commission for Higher Education established pursuant to Article 7 of the Compact.
3. If the period for the required practice is only partially completed, the three Nevada State Commissioners, acting jointly, may decrease the amount owed under the loan for the time the participant practiced his or her profession as required.
4. As used in this section:
(a) Area with a medically underserved population means an area:
(1) Designated as such by the United States Secretary of Health and Human Services pursuant to 42 U.S.C. § 254c; and
(2) Which meets any additional requirements prescribed by the Nevada Department of Health and Human Services.
(b) Health professional shortage area means a geographic area:
(1) Designated as such by the United States Secretary of Health and Human Services pursuant to 42 U.S.C. § 254e; and
(2) Which meets any additional requirements prescribed by the Nevada Department of Health and Human Services.
Sec. 2. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee for allocation to the Nevada Office of the Western Interstate Commission for Higher Education the sum of $8,000,000 for entering into a contract with Utah State University to carry out the program required pursuant to subsection 2.
2. The Nevada Office of the Western Interstate Commission for Higher Education shall enter into a contract with Utah State University to implement a program administered by the Nevada Office to provide stipends for the costs of the out-of-state portion of tuition for 70 residents of the State of Nevada to earn a degree of doctor of veterinary medicine from the College of Veterinary Medicine at Utah State University during the period commencing on July 1, 2024, and ending on June 30, 2034. The contract must require the Nevada Office, pursuant to NRS 397.060, and in consultation with at least 2 licensed veterinarians, as defined in NRS 638.007, to select from among Nevada residents who apply for the program described in this subsection and who have at least 1 year of residence in this State immediately before applying for the program, those who are most qualified to participate in the program.
3. Money appropriated by subsection 1 may only be allocated by the Interim Finance Committee upon submittal by the Nevada Office of the Western Interstate Commission for Higher Education of a signed contract between the Nevada Office and Utah State University to carry out the program required pursuant to subsection 2.
4. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
κ2023 Statutes of Nevada, Page 2732 (CHAPTER 445, SB 342)κ
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. 3. 1. There is hereby appropriated from the State General Fund to the Interim Finance Committee for allocation to the Nevada Office of the Western Interstate Commission for Higher Education for the salary, benefits and operating costs of a Program Officer I position to assist the Nevada Office in carrying out the program required pursuant to subsection 2 of section 2 of this act the following sums:
For the Fiscal Year 2023-2024....................................................... $79,719
For the Fiscal Year 2024-2025....................................................... $76,132
2. Money appropriated by subsection 1 may only be allocated by the Interim Finance Committee upon submittal by the Nevada Office of the Western Interstate Commission for Higher Education of a signed contract between the Nevada Office and Utah State University to carry out the program required pursuant to subsection 2 of section 2 of this act.
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. 4. 1. This section and sections 1 and 2 of this act become effective upon passage and approval.
2. Section 3 of this act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 2733κ
Senate Bill No. 11Committee on Growth and Infrastructure
CHAPTER 446
[Approved: June 13, 2023]
AN ACT relating to unmanned aerial vehicles; requiring the Department of Public Safety to adopt certain regulations relating to unmanned aerial vehicles; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law governs the usage of unmanned aerial vehicles by the State and its political subdivisions and private citizens. (NRS 493.103-493.118) A public agency other than a law enforcement agency may, for specified public purposes prescribed in regulations adopted by the Department of Public Safety, employ an unmanned aerial vehicle that has been registered with the Department. (NRS 493.118; NAC 493.100) Section 1.9 of this bill requires the Department to adopt regulations to establish: (1) a list of countries, businesses and entities from which a public agency or law enforcement agency shall not purchase or acquire any unmanned aerial vehicle or other equipment or service relating to the operation of an unmanned aerial vehicle; and (2) a list of unmanned aerial vehicles and other related equipment or services that a public agency or law enforcement agency shall not operate, purchase or acquire. Sections 1 and 1.3 of this bill prohibit, effective January 1, 2025, a public agency or law enforcement agency from operating, purchasing or acquiring any unmanned aerial vehicle or other equipment or service relating to the operation of an unmanned aerial vehicle in violation of the regulations adopted by the Department.
Section 1.7 of this bill requires the Department to adopt regulations to: (1) authorize a public agency to conduct scheduled inspections to ensure compliance with building and fire codes and laws, ordinances, regulations and rules adopting or establishing building and fire codes; (2) prohibit a public agency from collecting any photograph, image or recording through the operation of an unmanned aerial vehicle during the scheduled inspection; and (3) provide that if a photograph, image or recording or other information is collected through the operation of an unmanned aerial vehicle during a scheduled inspection, such photograph, image, recording or other information is not admissible and must not be disclosed in any proceeding other than a proceeding relating to the purpose of the scheduled inspection.
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 493.112 is hereby amended to read as follows:
493.112 1. Except as otherwise provided in this section, nothing in this section shall be deemed to otherwise prohibit the operation of an unmanned aerial vehicle by a law enforcement agency for any lawful purpose in this State.
2. Except as otherwise provided in subsection 3, a law enforcement agency shall not operate an unmanned aerial vehicle for the purpose of gathering evidence or other information within the curtilage of a residence or at any other location or upon any property in this State at which a person has a reasonable expectation of privacy, unless the law enforcement agency first obtains a warrant from a court of competent jurisdiction authorizing the use of the unmanned aerial vehicle for that purpose. A warrant authorizing the use of an unmanned aerial vehicle must specify the period for which operation of the unmanned aerial vehicle is authorized.
κ2023 Statutes of Nevada, Page 2734 (CHAPTER 446, SB 11)κ
operation of the unmanned aerial vehicle is authorized. A warrant must not authorize the use of an unmanned aerial vehicle for a period of more than 10 days. Upon motion and a showing of probable cause, a court may renew a warrant after the expiration of the period for which the warrant was initially issued.
3. A law enforcement agency may operate an unmanned aerial vehicle without obtaining a warrant issued pursuant to subsection 2:
(a) If the law enforcement agency has probable cause to believe that a person has committed a crime, is committing a crime or is about to commit a crime, and exigent circumstances exist that make it unreasonable for the law enforcement agency to obtain a warrant authorizing the use of the unmanned aerial vehicle.
(b) If a person provides written consent to the law enforcement agency authorizing the law enforcement agency to acquire information about the person or the real or personal property of the person. The written consent must specify the information to be gathered and the time, place and manner in which the information is to be gathered by the law enforcement agency.
(c) For the purpose of conducting search and rescue operations for persons and property in distress.
(d) Under circumstances in which the law enforcement agency believes that an imminent threat exists to the life and safety of an individual person or to the public at large, including, without limitation, the threat of an act of terrorism. A law enforcement agency that operates an unmanned aerial vehicle pursuant to this paragraph shall document the factual basis for its belief that such an imminent threat exists and shall, not later than 2 business days after initiating operation, file a sworn statement with a court of competent jurisdiction describing the nature of the imminent threat and the need for the operation of the unmanned aerial vehicle.
(e) Upon the declaration of a state of emergency or disaster by the Governor. A law enforcement agency that operates an unmanned aerial vehicle pursuant to this paragraph shall not use the unmanned aerial vehicle outside of the geographic area specified in the declaration or for any purpose other than the preservation of public safety, the protection of property, or the assessment and evaluation of environmental or weather-related damage, erosion or contamination.
4. Any photograph, image, recording or other information that is acquired by a law enforcement agency through the operation of an unmanned aerial vehicle in violation of this section, or that is acquired from any other person or governmental entity, including, without limitation, a public agency and any department or agency of the Federal Government, that obtained the photograph, image, recording or other information in a manner inconsistent with the requirements of this section, and any evidence that is derived therefrom:
(a) Is not admissible in and must not be disclosed in a judicial, administrative or other adjudicatory proceeding; and
(b) May not be used to establish reasonable suspicion or probable cause as the basis for investigating or prosecuting a crime or offense.
κ2023 Statutes of Nevada, Page 2735 (CHAPTER 446, SB 11)κ
5. Except as otherwise provided in this subsection, a law enforcement agency shall not operate, purchase or acquire any unmanned aerial vehicle or other equipment or service relating to the operation of an unmanned aerial vehicle in violation of the regulations adopted by the Department pursuant to subsection 6 of NRS 493.118. A law enforcement agency may operate or use an unmanned aerial vehicle or other equipment or service relating to the operation of an unmanned aerial vehicle that was purchased or acquired before the effective date of the regulations adopted by the Department pursuant to subsection 6 of NRS 493.118.
Sec. 1.3. NRS 493.115 is hereby amended to read as follows:
493.115 1. A public agency:
(a) May operate an unmanned aerial vehicle only if:
(1) Before the operation of the unmanned aerial vehicle, the public agency registers the unmanned aerial vehicle with the Department pursuant to subsection 2 of NRS 493.118.
(2) The public agency operates the unmanned aerial vehicle in accordance with the regulations adopted by the Department pursuant to subsection 4 of NRS 493.118.
(b) Must not operate an unmanned aerial vehicle for the purposes of assisting a law enforcement agency with law enforcement or conducting a criminal prosecution.
2. Any photograph, image, recording or other information that is acquired by a public agency through the operation of an unmanned aerial vehicle in violation of this section, and any evidence that is derived therefrom:
(a) Is not admissible in, and must not be disclosed in, a judicial, administrative or other adjudicatory proceeding; and
(b) May not be used to establish reasonable suspicion or probable cause as the basis for investigating or prosecuting a crime or offense.
3. Except as otherwise provided in this subsection, a public agency shall not operate, purchase or acquire any unmanned aerial vehicle or other equipment or service relating to the operation of an unmanned aerial vehicle in violation of the regulations adopted by the Department pursuant to subsection 6 of NRS 493.118. A public agency may operate or use an unmanned aerial vehicle or other equipment or service relating to the operation of an unmanned aerial vehicle that was purchased or acquired before the effective date of the regulations adopted by the Department pursuant to subsection 6 of NRS 493.118.
Sec. 1.7. NRS 493.118 is hereby amended to read as follows:
493.118 1. The Department shall, to the extent that money is available for this purpose, establish and maintain a registry of unmanned aerial vehicles that are operated by public agencies in this State. The Department shall include on its Internet website the information that is maintained in the registry.
2. A public agency shall, for each unmanned aerial vehicle the public agency intends to operate, submit to the Department, on a form provided by the Department, for inclusion in the registry:
(a) The name of the public agency;
(b) The name and contact information of each operator of the unmanned aerial vehicle;
κ2023 Statutes of Nevada, Page 2736 (CHAPTER 446, SB 11)κ
(c) Sufficient information to identify the unmanned aerial vehicle; and
(d) A statement describing the use of the unmanned aerial vehicle by the public agency.
3. The Department shall, on or before February 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for submission to the Legislature, or to the Legislative Commission when the Legislature is not in regular session, a report outlining the activities of public agencies with respect to the operation of unmanned aerial vehicles in this State.
4. The Department shall adopt regulations prescribing the public purposes for which a public agency may operate an unmanned aerial vehicle that is registered with the Department pursuant to this section, including, without limitation:
(a) The provision of fire services.
(b) The provision of emergency medical services.
(c) The protection of a critical facility that is public property.
(d) Search and rescue operations conducted for persons and property in distress.
5. The regulations adopted by the Department pursuant to subsection 4 must include provisions that:
(a) Authorize, as a public purpose, a public agency to operate an unmanned aerial vehicle that is registered with the Department in order to conduct a scheduled inspection to ensure compliance with building or fire codes or laws, ordinances, regulations or rules adopting or establishing building or fire codes that are enforced by the public agency.
(b) Prohibit a public agency from collecting any photograph, image or recording through the operation of an unmanned aerial vehicle during a scheduled inspection described in paragraph (a). If any photograph, image or recording is collected in violation of such a regulation or if any other information is collected through the operation of an unmanned aerial vehicle during such a scheduled inspection, the photograph, image, recording or other information:
(1) Is not admissible and must not be disclosed in any judicial, administrative or other adjudicatory proceeding other than a proceeding relating to the purpose of the scheduled inspection; and
(2) May not be used to establish reasonable suspicion or probable cause as the basis for the investigation or prosecution of a crime or other offense.
Sec. 1.9. NRS 493.118 is hereby amended to read as follows:
493.118 1. The Department shall, to the extent that money is available for this purpose, establish and maintain a registry of unmanned aerial vehicles that are operated by public agencies in this State. The Department shall include on its Internet website the information that is maintained in the registry.
2. A public agency shall, for each unmanned aerial vehicle the public agency intends to operate, submit to the Department, on a form provided by the Department, for inclusion in the registry:
(a) The name of the public agency;
(b) The name and contact information of each operator of the unmanned aerial vehicle;
κ2023 Statutes of Nevada, Page 2737 (CHAPTER 446, SB 11)κ
(c) Sufficient information to identify the unmanned aerial vehicle; and
(d) A statement describing the use of the unmanned aerial vehicle by the public agency.
3. The Department shall, on or before February 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for submission to the Legislature, or to the Legislative Commission when the Legislature is not in regular session, a report outlining the activities of public agencies with respect to the operation of unmanned aerial vehicles in this State.
4. The Department shall adopt regulations prescribing the public purposes for which a public agency may operate an unmanned aerial vehicle that is registered with the Department pursuant to this section, including, without limitation:
(a) The provision of fire services.
(b) The provision of emergency medical services.
(c) The protection of a critical facility that is public property.
(d) Search and rescue operations conducted for persons and property in distress.
5. The regulations adopted by the Department pursuant to subsection 4 must include provisions that:
(a) Authorize, as a public purpose, a public agency to operate an unmanned aerial vehicle that is registered with the Department in order to conduct a scheduled inspection to ensure compliance with building or fire codes or laws, ordinances, regulations or rules adopting or establishing building or fire codes that are enforced by the public agency.
(b) Prohibit a public agency from collecting any photograph, image or recording through the operation of an unmanned aerial vehicle during a scheduled inspection described in paragraph (a). If any photograph, image or recording is collected in violation of such a regulation or if any other information is collected through the operation of an unmanned aerial vehicle during such a scheduled inspection, the photograph, image, recording or other information:
(1) Is not admissible and must not be disclosed in any judicial, administrative or other adjudicatory proceeding other than a proceeding relating to the purpose of the scheduled inspection; and
(2) May not be used to establish reasonable suspicion or probable cause as the basis for the investigation or prosecution of a crime or other offense.
6. In addition to the regulations adopted pursuant to subsection 4, the Department shall adopt regulations to establish:
(a) A list of countries, businesses and entities from which a public agency or law enforcement agency shall not purchase or acquire any unmanned aerial vehicle or other equipment or service relating to the operation of an unmanned aerial vehicle; and
(b) A list of unmanned aerial vehicles and other related equipment or services that a public agency or law enforcement agency shall not operate, purchase or acquire.
7. The lists established pursuant to subsection 6 must include, without limitation:
(a) Any country, business or entity identified by the Secretary of Defense of the United States Department of Defense pursuant to Section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, Public Law 116-283, any amendments thereto or any subsequent federal law establishing such a list;
κ2023 Statutes of Nevada, Page 2738 (CHAPTER 446, SB 11)κ
Authorization Act for Fiscal Year 2021, Public Law 116-283, any amendments thereto or any subsequent federal law establishing such a list;
(b) Any unmanned aerial vehicle or other equipment or service relating to the operation of an unmanned aerial vehicle sold, manufactured or distributed by an entity identified by the Secretary of Defense of the United States Department of Defense pursuant to Section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, Public Law 116-283, any amendments thereto or any subsequent federal law establishing such a list;
(c) Any hardware, software, vendor or service prohibited from being used by a state agency in Nevada by a regulation, guideline or policy adopted by the Division of Enterprise Information Technology Services of the Department of Administration pursuant to NRS 242.111 and 242.115; and
(d) Any other unmanned aerial vehicle or other equipment or service relating to the operation of an unmanned aerial vehicle, as determined by the Department.
Sec. 2. 1. This section becomes effective upon passage and approval.
2. Section 1.7 of this act becomes effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On October 1, 2023, for all other purposes.
3. Sections 1, 1.3 and 1.9 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, 2025, for all other purposes.
________
κ2023 Statutes of Nevada, Page 2739κ
Senate Bill No. 24Committee on Government Affairs
CHAPTER 447
[Approved: June 13, 2023]
AN ACT relating to governmental administration; revising provisions governing the funding of the Office of Small Business Advocacy within the Office of the Lieutenant Governor; extending the prospective expiration of the Office of Small Business Advocacy; moving the Keep Nevada Working Task Force from the Office of the Lieutenant Governor to the Office of the Secretary of State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law: (1) creates within the Office of the Lieutenant Governor the Office of Small Business Advocacy; (2) eliminates the Office on June 30, 2023; and (3) authorizes the Lieutenant Governor to employ personnel as necessary to perform the functions and duties of the Office of Small Business Advocacy within the limits of money available from sources other than from the State General Fund. (NRS 224.160) Section 2 of this bill extends the prospective expiration of the Office on July 1, 2023, to July 1, 2025. (Chapter 240, Statutes of Nevada 2021, at page 1147) Section 1 of this bill: (1) eliminates the prohibition on employing personnel for the Office of Small Business Advocacy with money from the State General Fund; and (2) authorizes the Lieutenant Governor to employ personnel for the Office of Small Business Advocacy within the limits of money appropriated or authorized for such purposes.
Existing law creates the Keep Nevada Working Task Force within the Office of the Lieutenant Governor. (NRS 224.320) Existing law further prescribes the duties of the Task Force, which include, without limitation: (1) developing strategies with private sector businesses, labor organizations and immigrant advocacy groups to support current and future industries across this State; (2) conducting research on methods to strengthen career pathways for immigrants and creating enhanced partnerships with projected growth industries; (3) supporting the efforts of certain groups and entities to provide predictability and stability to the workforce of this State; (4) recommending approaches to improve the ability of this State to attract and retain immigrant business owners that provide new business and trade opportunities; and (5) entering into a contract with a consultant to perform research necessary to carry out the duties of the Task Force. (NRS 224.340)
Sections 1.3-1.7 of this bill: (1) move the Task Force from the Office of Lieutenant Governor to the Office of the Secretary of State; (2) set forth the membership of the Task Force; and (3) set forth the duties of the Task Force, which are the same duties of the current Task Force. Sections 1.8, 1.9 and 2.7 of this bill make conforming changes related to moving the Task Force into the Office of the Secretary of State.
Section 2.3 of this bill provides that members of the existing Task Force continue to serve until the new members are appointed pursuant to section 1.5 of this bill.
κ2023 Statutes of Nevada, Page 2740 (CHAPTER 447, SB 24)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 224.160 is hereby amended to read as follows:
224.160 1. The Office of Small Business Advocacy is hereby created within the Office of the Lieutenant Governor.
2. The Lieutenant Governor may, within the limits of money [available other than from the State General Fund] appropriated or authorized for such purpose, employ such personnel as are necessary to perform the functions and duties of the Office of Small Business Advocacy set forth in NRS 224.100 to 224.250, inclusive. To be employed by the Lieutenant Governor pursuant to this section, a person must have the necessary training and experience to perform the duties for which he or she is hired. An employee of the Office of Small Business Advocacy is in the unclassified service of the State and serves at the pleasure of the Lieutenant Governor.
3. A state agency may cooperate with and assist the Office of Small Business Advocacy in the performance of its duties and functions.
Sec. 1.2. Chapter 225 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 to 1.7, inclusive, of this act.
Sec. 1.3. Sections 1.3 to 1.7, inclusive, of this act may be cited as the Keep Nevada Working Act.
Sec. 1.4. As used in sections 1.3 to 1.7, inclusive, of this act, Task Force means the Keep Nevada Working Task Force created by section 1.5 of this act.
Sec. 1.5. 1. The Keep Nevada Working Task Force is hereby created within the Office of the Secretary of State.
2. The Task Force consists of:
(a) The Secretary of State, or his or her designee;
(b) Seven members appointed by the Secretary of State; and
(c) One member appointed jointly by the Governor and the Office for New Americans created by NRS 223.910.
3. Every member appointed to the Task Force shall represent at least one of the following:
(a) An immigrant advocacy group;
(b) A professional association representing business;
(c) A labor organization with a statewide presence;
(d) A workforce or economic development interest;
(e) A bar association or like association of lawyers which is involved in the advocacy of immigrants;
(f) A faith-based, nonprofit organization;
(g) An advocacy group which focuses on immigration and criminal justice;
(h) An institution of higher education; or
(i) A state or local law enforcement agency.
4. The members of the Task Force 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.
κ2023 Statutes of Nevada, Page 2741 (CHAPTER 447, SB 24)κ
5. The members of the Task Force serve without compensation.
Sec. 1.6. 1. At the first meeting of each fiscal year, the Task Force shall elect from its members a Chair and Vice Chair.
2. The Task Force shall meet at least once each quarter and hold meetings at various locations throughout the State.
3. 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 any meeting is sufficient for any official action taken by the Task Force.
Sec. 1.7. 1. The Task Force may:
(a) Develop strategies with private sector businesses, labor organizations and immigrant advocacy groups to support current and future industries across this State;
(b) Conduct research on methods to strengthen career pathways for immigrants and create enhanced partnerships with projected growth industries;
(c) Support the efforts of business leadership, civic groups, government and immigrant advocacy groups to provide predictability and stability to the workforce in this State;
(d) Recommend approaches to improve the ability of this State to attract and retain immigrant business owners that provide new business and trade opportunities; and
(e) Enter into a contract with a consultant to perform research necessary to carry out the duties of the Task Force.
2. On or before July 1, 2024, and on or before July 1 of each subsequent year, the Task Force shall submit a written report to the Director of the Legislative Counsel Bureau for submission to the Legislative Commission. The report must include, without limitation, a summary of the work of the Task Force and any recommendations for legislation.
3. The Secretary of State may accept gifts, grants and donations from any source for the purpose of carrying out the provisions of sections 1.3 to 1.7, inclusive, of this act.
4. The Office of the Secretary of State shall provide personnel, facilities, equipment, funding and supplies as required by the Task Force to carry out its duties.
5. Each agency, board, commission, department, officer, employee or agent of this State, or a political subdivision thereof, shall provide the Task Force with such assistance as the Task Force may reasonably require in discharging its duties.
Sec. 1.8. NRS 228.206 is hereby amended to read as follows:
228.206 1. The Attorney General shall, in consultation with relevant stakeholders and the Keep Nevada Working Task Force created by [NRS 224.320,] section 1.5 of this act, publish model policies which provide guidance and training recommendations to state or local law enforcement agencies. The model policies must prioritize guidance and training recommendations which:
(a) Foster trust between the community and state or local law enforcement agencies; and
κ2023 Statutes of Nevada, Page 2742 (CHAPTER 447, SB 24)κ
(b) Limit, to the fullest extent practicable and consistent with any applicable law, the engagement of state or local law enforcement agencies with federal immigration authorities for the purpose of immigration enforcement.
2. Each state or local law enforcement agency shall:
(a) Adopt policies consistent with the model policies of the Attorney General published pursuant to subsection 1; or
(b) Notify the Attorney General that the state or local law enforcement agency is not adopting policies consistent with the model policies of the Attorney General.
3. The notification described in paragraph (b) of subsection 2 must include, without limitation:
(a) The reason that the state or local law enforcement agency is not adopting policies consistent with the model policies of the Attorney General; and
(b) A copy of the policies of the state or local law enforcement agency.
4. As used in this section, state or local law enforcement agency means:
(a) The sheriffs office of a county;
(b) A metropolitan police department;
(c) A police department of an incorporated city;
(d) Any entity authorized to operate a prison, jail or detention facility, including, without limitation, any facility for the detention of juveniles;
(e) The Division of Parole and Probation of the Department of Public Safety;
(f) Any department of alternative sentencing; and
(g) Any other state or local agency, office, bureau, department, unit or division created by any statute, ordinance or rule which:
(1) Has a duty to enforce the law; and
(2) Employs any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
Sec. 1.9. NRS 228.208 is hereby amended to read as follows:
228.208 1. The Attorney General shall, in consultation with relevant stakeholders and the Keep Nevada Working Task Force created by [NRS 224.320,] section 1.5 of this act, publish model policies for limiting, to the fullest extent possible and consistent with any applicable law, immigration enforcement at public schools, institutions of higher education, health care facilities and courthouses to ensure that such places remain safe and accessible to residents of this State regardless of the immigration status or citizenship of such persons.
2. Each public school, institution of higher education, health care facility and courthouse in this State shall:
(a) Adopt policies consistent with the model policies of the Attorney General published pursuant to subsection 1; or
(b) Notify the Attorney General that the public school, institution of higher education, health care facility or courthouse, as applicable, is not adopting policies consistent with the model policies of the Attorney General.
κ2023 Statutes of Nevada, Page 2743 (CHAPTER 447, SB 24)κ
3. Any organization that provides services relating to physical or mental health and wellness, education or access to justice is encouraged to adopt policies consistent with the model policies of the Attorney General published pursuant to subsection 1.
4. The notification described in paragraph (b) of subsection 2 must include, without limitation:
(a) The reason that the public school, institution of higher education, health care facility or courthouse, as applicable, is not adopting policies consistent with the model policies of the Attorney General; and
(b) A copy of the policies of the public school, institution of higher education, health care facility or courthouse, as applicable.
5. A policy adopted pursuant to this section must comply with:
(a) Any applicable law;
(b) Any policy, grant, waiver or other requirement necessary to maintain the funding of the public school, institution of higher education, health care facility, courthouse or other organization, as applicable; and
(c) Any agreement related to the operation and functions of the public school, institution of higher education, health care facility, courthouse or other organization, as applicable.
6. As used in this section:
(a) Health care facility means a facility licensed pursuant to chapter 449 of NRS and which is operated by this State or a political subdivision thereof.
(b) Institution of higher education has the meaning ascribed to it in NRS 179D.045.
(c) Public school means any school described in NRS 388.020.
Sec. 2. Section 20 of chapter 240, Statutes of Nevada 2021, at page 1154, is hereby amended to read as follows:
Sec. 20. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 19, inclusive, of this act:
(a) Become effective:
(1) 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
(2) On July 1, 2021, for all other purposes.
(b) Expire by limitation on June 30, [2023.] 2025.
Sec. 2.3. 1. The persons who are members of the Keep Nevada Working Task Force created by NRS 224.320, as that section existed on the effective date of this act, on July 1, 2023, continue to serve as members until the Secretary of State, Governor and the Office for New Americans appoint members to the Task Force pursuant to section 1.5 of this act.
2. Nothing in this act prohibits the Secretary of State from appointing a person who was appointed to the Task Force by the Lieutenant Governor pursuant to NRS 224.320, as that section existed on June 30, 2023, if the person meets the qualifications for appointment pursuant to section 1.5 of this act.
κ2023 Statutes of Nevada, Page 2744 (CHAPTER 447, SB 24)κ
Sec. 2.4. 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. 2.5. 1. Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of regulations has been transferred.
2. Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
3. Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.
Sec. 2.7. NRS 224.300, 224.310, 224.320, 224.330 and 224.340 are hereby repealed.
Sec. 3. 1. This section and sections 1, 2 and 2.4 of this act become effective upon passage and approval.
2. Sections 1.2 to 1.9, inclusive, 2.3, 2.5 and 2.7 of this act become effective:
(a) Upon passage and approval for the purpose of appointing members of the Keep Nevada Working Task Force created by section 1.5 of this act and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On July 1, 2023, for all other purposes.
________
κ2023 Statutes of Nevada, Page 2745κ
Senate Bill No. 72Committee on Education
CHAPTER 448
[Approved: June 13, 2023]
AN ACT relating to education; directing the Joint Interim Standing Committee on Education to conduct certain studies during the 2023-2024 interim and report its findings to the Legislature; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Joint Interim Standing Committee on Education. (NRS 218E.320) Existing law authorizes the Committee to: (1) evaluate, review and comment upon issues related to education in Nevada; (2) conduct investigations and hold hearings; (3) conduct studies as directed by the Legislature or the Legislative Commission; and (4) make certain recommendations to the Legislature. (NRS 218E.330, 218E.615) This bill directs the Committee to conduct six separate studies during the 2023-2024 interim and report its findings for each study to the Legislature. Specifically, this bill directs the Committee to study: (1) the mental health and wellness of pupils; (2) the workload of teachers, including any relevant statutory and regulatory requirements; (3) requirements governing the licensing and authorization to work of teachers and administrators and the effect of such requirements on the diversity and effectiveness of teachers and administrators and the recruitment of local teachers and administrators; (4) trends in graduation and achievement of pupils enrolled in high school and any divergence between those trends; (5) groups of pupils that may require additional resources, and policies and strategies that may address the needs of such groups; and (6) waivers of registration fees, laboratory fees and other fees at institutions within the Nevada System of Higher Education.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. 1. The Joint Interim Standing Committee on Education shall, during the 2023-2024 interim:
(a) Conduct a study concerning the mental health and wellness of pupils in this State and programs to improve the mental health and wellness of such pupils, including, without limitation, evidence-based mental health therapies and practices.
(b) Conduct a study concerning the workload of teachers in this State, including, without limitation, provisions of law and regulations that affect the workload of teachers in this State, to better understand and evaluate the workload of teachers in this State.
(c) Conduct a study concerning requirements governing the licensing and authorization to work of teachers and administrators in this State, including, without limitation, requirements for the authorization of a holder of a J-1 visa issued pursuant to 8 U.S.C. § 1101(a)(15)(J) to work as a teacher or administrator, in order to:
(1) Identify whether such requirements are barriers to increasing the diversity of teachers or administrators, as applicable, in this State and increasing the number of pupils in the public schools in this State and students at institutions of higher education in this State who eventually become teachers and administrators in this State; and
κ2023 Statutes of Nevada, Page 2746 (CHAPTER 448, SB 72)κ
students at institutions of higher education in this State who eventually become teachers and administrators in this State; and
(2) Ensure that requirements concerning the competency of applicants for a license as a teacher or administrator, as applicable, are reasonable indicators of the future effectiveness of such an applicant as a teacher or administrator.
(d) Conduct a study concerning:
(1) Trends in the graduation rates of, and the types of diplomas awarded to, pupils enrolled in high school in this State, based on the information included in the annual report of accountability pursuant to NRS 385A.260;
(2) Trends in achievement of pupils enrolled in high school in this State, including, without limitation, information relating to such trends that is included in the annual report of accountability pursuant to NRS 385A.200;
(3) A comparison of the trends described in subparagraphs (1) and (2); and
(4) Any factors which may be responsible for the trends described in subparagraphs (1) and (2) and any divergence between the trends described in subparagraph (1) and the trends described in subparagraph (2).
(e) Conduct a study concerning:
(1) Groups of pupils who may require additional resources to receive a reasonably equal educational opportunity;
(2) The specific educational needs of such groups of pupils;
(3) Policies and strategies that target such groups of pupils, address specific needs and provide specific interventions, including, without limitation, policies and strategies to increase enrollment in postsecondary education or vocational training; and
(4) Long-term strategies to fund and implement such policies and programs.
(f) Conduct a study concerning waivers of registration fees, laboratory fees and other fees at institutions within the Nevada System of Higher Education, including, without limitation, any such waivers granted by the Board of Regents of the University of Nevada pursuant to NRS 396.544 to 396.54495, inclusive.
2. On or before February 1, 2025, for each study listed in subsection 1, the Joint Interim Standing Committee on Education shall submit a report of its findings and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmittal to the 83rd Session of the Legislature.
Sec. 2. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 2747κ
Assembly Bill No. 58Committee on Ways and Means
CHAPTER 449
[Approved: June 14, 2023]
AN ACT relating to economic development; revising the membership of the Nevada Air Service Development Commission; revising provisions governing grants awarded by the Commission from the Nevada Air Service Development Fund; making an appropriation to the Fund for Aviation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Nevada Air Service Development Commission, which consists of the Executive Director of the Office of Economic Development in the Office of the Governor and the members of the Commission on Tourism. (NRS 231.680) Existing law also creates the Nevada Air Service Development Fund and requires the Commission to develop a program to make grants of money from the Fund to air carriers that will service or provide enhanced air service routes that will service certain airports in this State. (NRS 231.690, 231.710)
Section 1.7 of this bill provides that the Nevada Air Service Development Commission is part of the Office of Economic Development. Section 1.7 also maintains the Executive Director of the Office of Economic Development as a member of the Nevada Air Service Development Commission, but revises the membership of the Nevada Air Service Development Commission to include: (1) one member of the Commission on Tourism who is appointed by the Governor rather than all of the members of the Commission on Tourism; (2) one member who represents the Nevada Aviation Association; (3) one member who represents the department of aviation in a county whose population is 700,000 or more (currently only Clark County); (4) one member who represents the Reno-Tahoe Airport Authority; (5) one member who represents the Nevada Resort Association; (6) one member who represents the Nevada League of Cities; and (7) one member who represents the Nevada Association of Counties. Section 1.7 further provides that the terms of office for the members of the Nevada Air Service Development Commission are 2 years and must be staggered.
Section 1.9 of this bill revises the entities to which the Nevada Air Service Development Commission is authorized to award grants to include governmental entities. Sections 1.2, 1.3, 1.9 and 1.91 of this bill: (1) remove the limitation that the Commission is authorized to award grants only to air carriers that will establish or enhance air service routes to nonhub or small hub airports or to large hub airports that service nonhub or small hub airports; and (2) instead, authorize the Commission to award grants to air carriers for the purpose of establishing or enhancing air service routes that service any public use airport in this State that are part of the National Plan of Integrated Airport Systems published by the United States Secretary of Transportation. Section 1.6 of this bill clarifies that the air carriers eligible to receive such grants include, without limitation, air taxi operators. Section 2.7 of this bill repeals the statutory definitions of large hub airport, nonhub airport and small hub airport because those terms would no longer be used for the purpose of determining eligibility for the award of a grant from the Commission.
Existing law creates the Fund for Aviation in the State Treasury and authorizes the Director of the Department of Transportation to award grants to counties, cities and other local governments, except for facilities owned or controlled by the Reno-Tahoe Airport Authority or a county whose population is 700,000 or more (currently Clark County) for the planning, establishment, development, construction, enlargement, improvement or maintenance of any airport, landing area or air navigation facility owned or controlled by the county, city or other local government.
κ2023 Statutes of Nevada, Page 2748 (CHAPTER 449, AB 58)κ
government. (NRS 494.048) Section 2.5 of this bill makes an appropriation to the Fund for Aviation in the amount of $1,000,000 for Fiscal Year 2023-2024 and $1,000,000 for Fiscal Year 2024-2025 for these purposes.
Section 1.4 of this bill requires the Commission to prepare and submit an annual report to the Director of the Legislative Counsel Bureau relating to applications for grants received and grants awarded by the Commission during the immediately preceding calendar year.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. (Deleted by amendment.)
Sec. 1.1. Chapter 231 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.2, 1.3 and 1.4 of this act.
Sec. 1.2. National Plan of Integrated Airport Systems public airport or NPIAS airport means an airport in this State that is part of the most recent version of the National Plan of Integrated Airport Systems published by the United States Secretary of Transportation pursuant to 49 U.S.C. § 47103.
Sec. 1.3. Public use airport has the meaning ascribed to it in 49 U.S.C. § 47102.
Sec. 1.4. On or before February 1 of each year, the Commission shall prepare and submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature, or if the Legislature is not in session, the Legislative Commission, a report detailing for the immediately preceding calendar year:
1. The total number of applications for grants of money from the Fund that were received;
2. The total amount of grants from the Fund that were awarded by the Commission to air carriers; and
3. For each grant of money awarded from the Fund, the amount of each grant and an explanation of how the grant will be used by the air carrier to provide or enhance air service to an airport.
Sec. 1.5. NRS 231.600 is hereby amended to read as follows:
231.600 As used in NRS 231.600 to 231.720, inclusive, and sections 1.2, 1.3 and 1.4 of this act, unless the context otherwise requires, the words and terms defined in NRS 231.610 to [231.670,] 231.650, inclusive, and sections 1.2 and 1.3 of this act have the meanings ascribed to them in those sections.
Sec. 1.6. NRS 231.610 is hereby amended to read as follows:
231.610 Air carrier means a person who provides commercial air transportation to passengers. The term includes, without limitation, an air taxi operator designated pursuant to 14 C.F.R. § 298.3.
Sec. 1.7. NRS 231.680 is hereby amended to read as follows:
231.680 1. There is hereby created within the Office of Economic Development the Nevada Air Service Development Commission, consisting of:
κ2023 Statutes of Nevada, Page 2749 (CHAPTER 449, AB 58)κ
(a) The Executive Director; and
(b) [The members] One member appointed by the Governor who is a member of the Commission on Tourism [as provided in NRS 231.170.] ;
(c) One member appointed by the Governor who represents the Nevada Aviation Association or its successor organization;
(d) One member appointed by the Governor who represents the department of aviation in a county whose population is 700,000 or more;
(e) One member appointed by the Governor who represents the Reno-Tahoe Airport Authority;
(f) One member appointed by the Governor who represents the Nevada Resort Association or its successor organization;
(g) One member appointed by the Governor who represents the Nevada Association of Counties or its successor organization; and
(h) One member appointed by the Governor who represents the Nevada League of Cities or its successor organization.
2. The Governor shall ensure that at least one member appointed pursuant to subsection 1 is a resident of a county whose population is less than 100,000.
3. The terms of office for the members of the Commission appointed pursuant to paragraphs (b) to (h), inclusive, of subsection 1 are 2 years, which terms must be staggered.
4. At the first meeting of each fiscal year, the Commission shall elect from among its members a Chair, a Vice Chair and a Secretary.
[3.] 5. The Commission shall meet at least once each calendar quarter and at other times at the call of the Chair or a majority of its members.
[4.] 6. A majority of the members of the Commission constitutes a quorum for the transaction of all business.
Sec. 1.9. NRS 231.710 is hereby amended to read as follows:
231.710 1. The Commission shall develop a program to provide grants of money from the Fund to an air carrier [that will] or any governmental entity for the purpose of establishing air service or [provide] providing enhanced air service routes that service [an airport that is:
(a) A small hub airport, a nonhub airport or, if the air carrier provides air service through a large hub airport that services small hub airports and nonhub airports, a large hub airport; and
(b) Certified by the Federal Aviation Administration of the United States Department of Transportation pursuant to 14 C.F.R. Part 139.] a public use airport that is an NPIAS airport.
2. An application for a grant of money from the Fund must be in the form prescribed by the Commission and must include, without limitation:
(a) A statement designating the [small hub airport, nonhub airport or large hub] airport described in subsection 1 for which the air carrier will commence or continue air service if the grant is awarded;
(b) Commitments from the air carrier that if the Commission awards the grant to the air carrier, the air carrier will enter into a written agreement with the Commission that provides for the air carrier to commence or continue air service to the airport designated in the application in exchange for receiving from the Commission one of the guarantees set forth in subsection 2 of NRS 231.720; and
κ2023 Statutes of Nevada, Page 2750 (CHAPTER 449, AB 58)κ
(c) Letters of support from each airport that participates in the air service route offered by an air carrier pursuant to subsection 1.
Sec. 1.91. NRS 231.720 is hereby amended to read as follows:
231.720 1. The Commission may make a grant of money from the Fund if the Commission finds that the grant will:
(a) Enable an air carrier to commence or continue air service to [a small hub airport, nonhub airport or large hub] an airport described in subsection 1 of NRS 231.710; and
(b) Provide economic benefit to this State.
2. The Commission may make a grant of money from the Fund only to:
(a) Guarantee that an air carrier will receive an agreed amount of revenue per flight that the air carrier operates into or out of the airport designated in the application pursuant to paragraph (a) of subsection 2 of NRS 231.710; or
(b) Guarantee a profit goal for the air carrier that is established by agreement between the air carrier and the Commission.
Sec. 2. (Deleted by amendment.)
Sec. 2.5. 1. There is hereby appropriated from the State General Fund to the Fund for Aviation created by NRS 494.048 the following sums:
For the Fiscal Year 2023-2024................................................. $1,000,000
For the Fiscal Year 2024-2025................................................. $1,000,000
2. The money appropriated by subsection 1 must be used by rural airports to match money that is available from the Federal Aviation Administration.
Sec. 2.6. 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. 2.7. NRS 231.640, 231.660 and 231.670 are hereby repealed.
Sec. 3. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 2751κ
Assembly Bill No. 430Committee on Revenue
CHAPTER 450
[Approved: June 14, 2023]
AN ACT relating to taxation; revising provisions governing the excise tax on cannabis; requiring the Department of Taxation to adopt certain regulations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law imposes an excise tax at the rate of 15 percent of the fair market value at wholesale upon each wholesale sale of cannabis by a medical cannabis cultivation facility or an adult-use cannabis cultivation facility to another cannabis establishment. (NRS 372A.290) Existing law imposes an excise tax at the rate of 10 percent of the sales price of each retail sale of cannabis or cannabis products by an adult-use cannabis retail store or cannabis consumption lounge. (NRS 372A.290) Section 7 of this bill revises the excise tax on the wholesale sale of cannabis to apply the tax only to the first wholesale sale and to provide that the tax is at the rate of 15 percent of: (1) the fair market value at wholesale for sales made to an affiliate of the medical cannabis cultivation facility or adult-use cannabis cultivation facility; or (2) the sales price, if the sale is made to a cannabis establishment that is not an affiliate of the medical cannabis cultivation facility or adult-use cannabis cultivation facility.
Existing law requires the Department of Taxation to adopt regulations to establish procedures to determine the fair market value at wholesale of cannabis. (NRS 678B.640) Section 9 of this bill establishes certain additional requirements for the regulations adopted by the Department. Section 9 requires the Cannabis Compliance Board to ensure that any computer software used for the seed-to-sale tracking of cannabis adopted by the Board includes a method to denote transfers of cannabis between affiliates.
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, 1.3, 1.7 and 2-6. (Deleted by amendment.)
Sec. 7. NRS 372A.290 is hereby amended to read as follows:
372A.290 1. An excise tax is hereby imposed on [each] the first wholesale sale in this State of cannabis by a medical cannabis cultivation facility to another cannabis establishment at the rate of 15 percent of [the] :
(a) The fair market value at wholesale of the cannabis [.] , if the sale is made to an affiliate of the medical cannabis cultivation facility; or
(b) The sales price of the cannabis, if the sale is made to a cannabis establishment that is not an affiliate of the medical cannabis cultivation facility.
Κ The excise tax imposed pursuant to this subsection is the obligation of the medical cannabis cultivation facility.
2. An excise tax is hereby imposed on [each] the first wholesale sale in this State of cannabis by an adult-use cannabis cultivation facility to another cannabis establishment at the rate of 15 percent of [the] :
(a) The fair market value at wholesale of the cannabis [.] , if the sale is made to an affiliate of the adult-use cannabis cultivation facility; or
κ2023 Statutes of Nevada, Page 2752 (CHAPTER 450, AB 430)κ
(b) The sales price of the cannabis, if the sale is made to a cannabis establishment that is not an affiliate of the adult-use cannabis cultivation facility.
Κ The excise tax imposed pursuant to this subsection is the obligation of the adult-use cannabis cultivation facility.
3. An excise tax is hereby imposed on each retail sale in this State of cannabis or cannabis products by an adult-use cannabis retail store or cannabis consumption lounge at the rate of 10 percent of the sales price of the cannabis or cannabis products. The excise tax imposed pursuant to this subsection:
(a) Is the obligation of the seller of the cannabis or cannabis product [;] but may be recovered from the purchaser.
(b) Is separate from and in addition to any general state and local sales and use taxes that apply to retail sales of tangible personal property.
4. The revenues collected from the excise tax imposed pursuant to subsection 1 must be distributed:
(a) To the Cannabis Compliance Board and to local governments in an amount determined to be necessary by the Board to pay the costs of the Board and local governments in carrying out the provisions of chapter 678C of NRS; and
(b) If any money remains after the revenues are distributed pursuant to paragraph (a), to the State Treasurer to be deposited to the credit of the State Education Fund.
5. The revenues collected from the excise tax imposed pursuant to subsection 2 must be distributed:
(a) To the Cannabis Compliance Board and to local governments in an amount determined to be necessary by the Board to pay the costs of the Board and local governments in carrying out the provisions of chapter 678D of NRS; and
(b) If any money remains after the revenues are distributed pursuant to paragraph (a), to the State Treasurer to be deposited to the credit of the State Education Fund.
6. For the purpose of subsections 4 and 5, a total amount of $5,000,000 of the revenues collected from the excise tax imposed pursuant to subsection 1 and the excise tax imposed pursuant to subsection 2 in each fiscal year shall be deemed sufficient to pay the costs of all local governments to carry out the provisions of chapters 678C and 678D of NRS. The Board shall, by regulation, determine the manner in which local governments may be reimbursed for the costs of carrying out the provisions of chapters 678C and 678D of NRS.
7. The revenues collected from the excise tax imposed pursuant to subsection 3 must be paid over as collected to the State Treasurer to be deposited to the credit of the State Education Fund.
8. As used in this section:
(a) Adult-use cannabis cultivation facility has the meaning ascribed to it in NRS 678A.025.
(b) Affiliate means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with, a specified person.
(c) Cannabis product has the meaning ascribed to it in NRS 678A.120.
[(c)] (d) Local government has the meaning ascribed to it in NRS 360.640.
κ2023 Statutes of Nevada, Page 2753 (CHAPTER 450, AB 430)κ
[(d)] (e) Medical cannabis cultivation facility has the meaning ascribed to it in NRS 678A.170.
[(e)] (f) Medical cannabis establishment has the meaning ascribed to it in NRS 678A.180.
[(f)] (g) Wholesale sale means [a] the first sale or transfer of cannabis by a cannabis cultivation facility to another cannabis establishment. The term does not include a transfer of cannabis by a cannabis cultivation facility to another cannabis cultivation facility when both cannabis cultivation facilities share identical ownership.
Sec. 8. (Deleted by amendment.)
Sec. 9. NRS 678B.640 is hereby amended to read as follows:
678B.640 1. The Department of Taxation shall adopt regulations to establish procedures to determine the fair market value at wholesale of cannabis. The regulations shall:
(a) Provide that the fair market value of cannabis:
(1) Will be calculated and published by the Department on a quarterly basis not more than 30 days after the end of each calendar quarter; and
(2) Is the median sales price for wholesale sales between cannabis cultivation facilities and cannabis establishments that are not affiliates, per pound or each, during the period specified in subparagraph (1).
(b) Prescribe any information required by the Department to determine the fair market value at wholesale of cannabis.
2. The Board shall ensure that any computer software used for the seed-to-sale tracking of cannabis adopted by the Board includes a method to denote transfers of cannabis between affiliates.
3. The Board shall furnish the Department with such information as the Department determines to be necessary to adopt the regulations required by this section.
4. As used in this section, affiliate has the meaning ascribed to it in NRS 372A.290.
Sec. 10. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 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.
________
κ2023 Statutes of Nevada, Page 2754κ
Assembly Bill No. 443Committee on Commerce and Labor
CHAPTER 451
[Approved: June 14, 2023]
AN ACT relating to higher education; authorizing the use of a Governor Guinn Millennium Scholarship for a course of study at an institution for which the completion of a clinical program located in this State is required; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes a student to receive a Governor Guinn Millennium Scholarship if the student meets certain eligibility requirements, including, without limitation, enrolling in a certain number of credit hours in eligible institutions. (NRS 396.930) Existing law defines an eligible institution as: (1) a university, state college or community college within the Nevada System of Higher Education; or (2) any other nonsectarian college or university that was originally established in, and is organized under the laws of, this State, is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3) and is accredited by a regional accrediting agency recognized by the United States Department of Education. (NRS 396.916)
Section 1 of this bill includes as an eligible institution for the Millennium Scholarship an accredited, tax exempt, nonsectarian college or university that operates a clinical program within this State in which students enrolled in the college or university receive training. Section 2 of this bill makes a student eligible for a Millennium Scholarship if the student enrolls in at least 12 semester credit hours in a course of study at such a college or university for which the completion of a clinical program located in this State is required.
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 396.916 is hereby amended to read as follows:
396.916 Eligible institution means:
1. A university, state college or community college within the System; or
2. Any other nonsectarian college or university that:
(a) Was originally established in, and is organized under the laws of, this [state;] State, or operates a clinical program within this State in which students enrolled in the college or university receive training;
(b) Is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3); and
(c) Is accredited by a regional accrediting agency recognized by the United States Department of Education.
Sec. 2. NRS 396.930 is hereby amended to read as follows:
396.930 1. Except as otherwise provided in subsections 2 and 4, a student may apply to the Board of Regents for a Millennium Scholarship if the student:
(a) Except as otherwise provided in paragraph (e) of subsection 2, has been a resident of this State for at least 2 years before the student applies for the Millennium Scholarship;
(b) Except as otherwise provided in paragraph (c), graduated from a public or private high school in this State:
κ2023 Statutes of Nevada, Page 2755 (CHAPTER 451, AB 443)κ
(1) After May 1, 2000, but not later than May 1, 2003; or
(2) After May 1, 2003, and, except as otherwise provided in paragraphs (c), (d) and (f) of subsection 2, not more than 6 years before the student applies for the Millennium Scholarship;
(c) Does not satisfy the requirements of paragraph (b) and:
(1) Was enrolled as a pupil in a public or private high school in this State with a class of pupils who were regularly scheduled to graduate after May 1, 2000;
(2) Received his or her high school diploma within 4 years after he or she was regularly scheduled to graduate; and
(3) Applies for the Millennium Scholarship not more than 6 years after he or she was regularly scheduled to graduate from high school;
(d) Except as otherwise provided in paragraph (e), maintained in high school in the courses designated by the Board of Regents pursuant to paragraph (b) of subsection 2, at least:
(1) A 3.00 grade point average on a 4.0 grading scale, if the student was a member of the graduating class of 2003 or 2004;
(2) A 3.10 grade point average on a 4.0 grading scale, if the student was a member of the graduating class of 2005 or 2006; or
(3) A 3.25 grade point average on a 4.0 grading scale, if the student was a member of the graduating class of 2007 or a later graduating class;
(e) Does not satisfy the requirements of paragraph (d) and received at least the minimum score established by the Board of Regents on a college entrance examination approved by the Board of Regents that was administered to the student while the student was enrolled as a pupil in a public or private high school in this State; and
(f) Except as otherwise provided in NRS 396.158, is enrolled in at least:
(1) Nine semester credit hours in a community college within the System;
(2) Twelve semester credit hours in another eligible institution [; or] originally established in and organized under the laws of this State or in a course of study at an eligible institution for which the completion of a clinical program located in this State is required; or
(3) A total of 12 or more semester credit hours in eligible institutions described in paragraph (b) if the student is enrolled in more than one eligible institution.
2. The Board of Regents:
(a) Shall define the core curriculum that a student must complete in high school to be eligible for a Millennium Scholarship.
(b) Shall designate the courses in which a student must earn the minimum grade point averages set forth in paragraph (d) of subsection 1.
(c) May establish criteria with respect to students who have been on active duty serving in the Armed Forces of the United States to exempt such students from the 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1.
(d) Shall establish criteria with respect to students who have a documented physical or mental disability or who were previously subject to an individualized education program under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., or a plan under Title V of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 et seq. The criteria must provide an exemption for those students from:
κ2023 Statutes of Nevada, Page 2756 (CHAPTER 451, AB 443)κ
(1) The 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1 and subparagraph (3) of paragraph (c) of subsection 1 and any limitation applicable to students who are eligible pursuant to subparagraph (1) of paragraph (b) of subsection 1.
(2) The minimum number of credits prescribed in paragraph (f) of subsection 1.
(e) Shall establish criteria with respect to students who have a parent or legal guardian on active duty in the Armed Forces of the United States to exempt such students from the residency requirement set forth in paragraph (a) of subsection 1 or subsection 4.
(f) Shall establish criteria with respect to students who have been actively serving or participating in a charitable, religious or public service assignment or mission to exempt such students from the 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1. Such criteria must provide for the award of Millennium Scholarships to those students who qualify for the exemption and who otherwise meet the eligibility criteria to the extent that money is available to award Millennium Scholarships to the students after all other obligations for the award of Millennium Scholarships for the current school year have been satisfied.
3. If the Board of Regents requires a student to successfully complete courses in mathematics or science to be eligible for a Millennium Scholarship, a student who has successfully completed one or more courses in computer science described in NRS 389.0186 must be allowed to apply not more than one unit of credit received for the completion of such courses toward that requirement.
4. Except as otherwise provided in paragraph (c) of subsection 1, for students who did not graduate from a public or private high school in this State and who, except as otherwise provided in paragraph (e) of subsection 2, have been residents of this State for at least 2 years, the Board of Regents shall establish:
(a) The minimum score on a standardized test that such students must receive; or
(b) Other criteria that students must meet,
Κ to be eligible for Millennium Scholarships.
5. In awarding Millennium Scholarships, the Board of Regents shall enhance its outreach to students who:
(a) Are pursuing a career in education or health care;
(b) Come from families who lack sufficient financial resources to pay for the costs of sending their children to an eligible institution; or
(c) Substantially participated in an antismoking, antidrug or antialcohol program during high school.
6. The Board of Regents shall establish a procedure by which an applicant for a Millennium Scholarship is required to execute an affidavit declaring the applicants eligibility for a Millennium Scholarship pursuant to the requirements of this section.
Sec. 3. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 2757κ
Assembly Bill No. 515Committee on Ways and Means
CHAPTER 452
[Approved: June 14, 2023]
AN ACT relating to education; creating the Incentivizing Pathways to Teaching Grant Program in the Department of Education; providing for the award of grants to certain universities and colleges under the Program; requiring certain universities and colleges receiving grants under the Program to award tuition assistance and stipends to students who meet certain requirements; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 3 of this bill creates within the Department of Education the Incentivizing Pathways to Teaching Grant Program. The Program authorizes the State Board of Education to award grants to public or private universities and colleges in this State that offer certain programs that: (1) qualify a student to obtain a license as a teacher; or (2) allow a student to specialize in the subject area of early childhood education. Section 3 also imposes certain duties on the State Board and authorizes the State Board to adopt regulations to carry out the Program.
Sections 3 and 4 of this bill require universities and colleges which receive grants under the Program to award tuition assistance and stipends to students who satisfy certain requirements.
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 391A of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. As used in this section and sections 3 and 4 of this act, unless the context otherwise requires, approved traditional pathway licensure program means a course of study or training, approved by the Commission on Professional Standards in Education pursuant to NRS 391.037, that:
1. Upon completion, makes a student eligible to obtain a license to teach in this State:
(a) Kindergarten or any grade from grades 1 through 12; or
(b) In the subject area of special education; or
2. Allows a student to specialize in the subject area of early childhood education.
Sec. 3. 1. There is hereby created in the Department the Incentivizing Pathways to Teaching Grant Program to award grants to public and private universities and colleges in this State that offer an approved traditional pathway licensure program for the provision of tuition assistance and stipends to students of such programs who meet requirements established by the State Board pursuant to this section and section 4 of this act.
2. A public or private university or college in this State that offers an approved traditional pathway licensure program is eligible to apply to the State Board for a grant to award tuition assistance and stipends to students who attend the university or college to complete such a program.
κ2023 Statutes of Nevada, Page 2758 (CHAPTER 452, AB 515)κ
State Board for a grant to award tuition assistance and stipends to students who attend the university or college to complete such a program.
3. The State Board shall:
(a) Based on the amount of money appropriated by the Legislature for that purpose, establish the number of awards of tuition assistance and stipends that will be available pursuant to the Incentivizing Pathways to Teaching Grant Program each year based upon the amount of money available for the Program.
(b) Review all applications submitted pursuant to subsection 2 and, to the extent that money is available within the limits of legislative appropriations, award a grant of money in an amount determined by the State Board to a public or private university or college that offers an approved traditional pathway licensure program.
4. The State Board may prioritize the award of grants to a public or private university or college that demonstrates the university or college, as applicable, will provide tuition assistance and stipends to a greater number of students who:
(a) Are veterans of the Armed Forces of the United States or the spouses of such veterans;
(b) Intend to teach in public schools in this State which have the highest shortage of teachers; or
(c) Have been economically disadvantaged or belong to a racial or ethnic minority group.
5. A student may apply for tuition assistance and a stipend awarded pursuant to the Incentivizing Pathways to Teaching Grant Program from a public or private university or college that offers an approved traditional pathway licensure program that receives a grant pursuant to the Incentivizing Pathways to Teaching Grant Program only if:
(a) The student attends or has been accepted to attend an approved traditional pathway licensure program at the university or college; and
(b) The student agrees to complete the requirements to obtain an endorsement to teach English as a second language or an endorsement to teach special education.
6. An application submitted by the student must identify the approved traditional pathway licensure program to be completed and the date by which the student must complete the program to finish on schedule.
7. The State Board may adopt any regulations necessary to carry out the provisions of this section and section 4 of this act.
Sec. 4. 1. Each university or college that offers an approved traditional pathway licensure program in this State that is awarded a grant of money pursuant to section 3 of this act shall use the money to award tuition assistance and stipends pursuant to the Incentivizing Pathways to Teaching Grant Program to students who will attend the university or college with the intent to complete an approved traditional pathway licensure program. Such students may include:
(a) Students who are enrolled in their final three semesters of an approved traditional pathway licensure program; and
(b) Students who are enrolled in their final clinical field experience of student teaching in an approved traditional pathway licensure program.
2. A student who is enrolled in his or her final three semesters of an approved traditional pathway licensure program may apply for tuition assistance.
κ2023 Statutes of Nevada, Page 2759 (CHAPTER 452, AB 515)κ
3. A student who is enrolled in his or her final clinical field experience of student teaching in an approved traditional pathway licensure program may apply for a stipend.
4. The student must:
(a) Agree to:
(1) Complete the approved traditional pathway licensure program for which he or she was awarded the tuition assistance or stipend; and
(2) Maintain employment as a teacher at a public school in this State for 5 consecutive school years immediately following completion of the program unless the State Board waives this requirement for good cause shown.
(b) Meet any other requirements established by the State Board.
Sec. 5. This act becomes effective on July 1, 2023.
________
Assembly Bill No. 516Committee on Ways and Means
CHAPTER 453
[Approved: June 14, 2023]
AN ACT relating to Indian affairs; creating the Department of Native American Affairs; transferring the Nevada Indian Commission from the Department of Tourism and Cultural Affairs to the Department of Native American Affairs; transferring responsibility for administering the Account for the Protection and Rehabilitation of the Stewart Indian School to the Executive Director of the Department; revising provisions relating to the Account for the Protection and Rehabilitation of the Stewart Indian School; establishing certain duties of the Executive Director and the Department; revising certain duties of the Commission; revising the membership of certain boards on which a representative of the Commission serves; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Nevada Indian Commission in the Department of Tourism and Cultural Affairs. (NRS 231.167, 233.020) Section 8 of this bill creates the Department of Native American Affairs, which consists of the Executive Director of the Department, the Nevada Indian Commission and the Stewart Indian School Cultural Center and Museum.
Section 7 of this bill sets forth a legislative declaration that the creation of the Department of Native American Affairs and the provisions of the Nevada Revised Statutes relating to the Department are not intended to infringe upon the sovereignty of Indian tribes.
Sections 1 and 11 of this bill transfer the Nevada Indian Commission from the Department of Tourism and Cultural Affairs to the Department of Native American Affairs. Sections 2 and 3 of this bill make conforming changes to remove certain responsibilities of the Chair of the Nevada Indian Commission relating to the Department of Tourism and Cultural Affairs.
Section 10 of this bill defines certain terms relating to the Department of Native American Affairs.
Section 6 of this bill indicates the proper placement of sections 7-9 in the Nevada Revised Statutes.
κ2023 Statutes of Nevada, Page 2760 (CHAPTER 453, AB 516)κ
Existing law requires the Governor to appoint an Executive Director of the Commission who is jointly responsible to the Governor and the Commission and establishes certain responsibilities for the Executive Director. (NRS 233A.055, 233A.065) Section 12 of this bill instead requires the Governor to appoint an Executive Director of the Department of Native American Affairs. Section 13 of this bill: (1) assigns the responsibilities of the Executive Director of the Commission to the Executive Director of the Department; (2) removes language providing that the Executive Director is jointly responsible to the Governor and the Commission; and (3) requires the Executive Director to oversee the functions of the Department. Section 14 of this bill authorizes the Executive Director to appoint such staff as the execution of his or her duties and the operation of the Department may require.
Existing law creates the Account for the Protection and Rehabilitation of the Stewart Indian School which is administered by the Director of the State Department of Conservation and Natural Resources. (NRS 232.159) Sections 4, 5, 9 and 33 of this bill transfer the responsibility for administering the Account to the Executive Director.
Existing law authorizes the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources to make a direct sale of two parcels of state land located within Carson City and requires the money from such a sale, less any costs, to be deposited in the Account. (NRS 232.159) Section 9 authorizes the Administrator to also lease such parcels of state land and requires the money from any such lease, less any costs, to be deposited in the Account.
Existing law sets forth various duties of the Nevada Indian Commission which include: (1) acting as the coordinating agency for discussions regarding activities at and the uses of the buildings and grounds of the former Stewart Indian School; and (2) scheduling and coordinating certain activities relating to Nevada Tribes Legislative Day. (NRS 233A.090-233A.100) Sections 15 and 16 of this bill instead assign such duties to the Department.
Section 15 of this bill directs the Commission to: (1) provide recommendations and advice to the Executive Director concerning the administration of the Department and any other matter relating to the social and economic welfare and well-being of American Indians residing in this State; (2) provide direction to the Executive Director concerning any reports prepared by the Department and review drafts of such reports; and (3) receive reports from the Executive Director and provide direction to the Executive Director to ensure any measures taken by the Department are effective.
Section 19 of this bill authorizes the Department of Native American Affairs to appoint advisory committees to assist and advise the Commission, negotiate and contract with other agencies, cooperate with and secure the cooperation of various entities and provide certain information or assistance to the Department of Wildlife. Section 28 of this bill makes a conforming change to provide that the Department of Native American Affairs may provide certain information or assistance to the Department of Wildlife.
Existing law creates the Nevada Indian Commissions Gift Fund as a special revenue fund administered by the Executive Director of the Commission. (NRS 233A.097) Section 18 of this bill revises the name of the Fund to the Department of Native American Affairs Gift Fund and requires the Executive Director of the Department to administer the Fund. Section 22 of this bill makes a conforming change to revise the name of the Fund.
Existing law requires the Commission to develop and implement certain policies to promote communication and collaboration between state agencies and Indian tribes. (NRS 233A.200-233A.280) Section 20 of this bill instead requires the Department to develop and implement such policies.
Existing law requires: (1) all heads of state agencies and managers and employees of state agencies to take certain training which is provided in consultation with the Commission relating to communication and collaboration with Indian tribes; and (2) each state agency that communicates with Indian tribes on a regular basis to submit a report to the Commission on the activities of the state agency.
κ2023 Statutes of Nevada, Page 2761 (CHAPTER 453, AB 516)κ
and (2) each state agency that communicates with Indian tribes on a regular basis to submit a report to the Commission on the activities of the state agency. (NRS 233A.270) Section 21 of this bill assigns such responsibilities to the Department.
Existing law provides for the appointment of a Museum Director of the Stewart Indian School Cultural Center and Museum. (NRS 233A.065, 233A.310) Section 23 of this bill provides that the Museum Director is responsible to and under the direction of the Executive Director.
Existing law requires a representative or the Chair of the Nevada Indian Commission to serve on the Nevada State Board on Geographic Names, the Advisory Board on Outdoor Recreation, the Interagency Council on Veterans Affairs and the Regional Transmission Coordination Task Force. (NRS 327.120, 407A.575, 417.0191, 704.79887) Sections 24-27 and 29 of this bill instead require the Executive Director or his or her designee to serve on such boards.
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 231.167 is hereby amended to read as follows:
231.167 The Department of Tourism and Cultural Affairs is hereby created, consisting of:
1. The Division of Tourism;
2. The Division of Museums and History, created by NRS 381.004;
3. The Board of Museums and History, created by NRS 381.002;
4. The Nevada Arts Council, created by NRS 233C.025;
5. [The Nevada Indian Commission, created by NRS 233A.020;
6.] The Board of the Nevada Arts Council, created by NRS 233C.030; and
[7.] 6. The Commission on Tourism.
Sec. 2. NRS 231.170 is hereby amended to read as follows:
231.170 1. The Commission on Tourism is composed of:
(a) Eleven voting members as follows:
(1) The Lieutenant Governor, who is its Chair;
(2) Eight members, appointed by the Governor, who are informed on and have experience in travel and tourism, including the business of gaming; and
(3) The chief administrative officers of the county fair and recreation boards or, if there is no county fair and recreation board in the county, the chair of the board of county commissioners, of the two counties that paid the largest amount of the proceeds from the taxes imposed on the revenue from the rental of transient lodging to the Department of Taxation for deposit with the State Treasurer for credit to the Fund for the Promotion of Tourism created by NRS 231.250 for the previous fiscal year.
(b) The following ex officio, nonvoting members:
(1) The Chair of the Board of Museums and History; and
(2) [The Chair of the Nevada Indian Commission; and
(3)] The Chair of the Board of the Nevada Arts Council.
2. A change in any member of the Commission who serves pursuant to subparagraph (3) of paragraph (a) of subsection 1 that is required because of a change in the amount of the proceeds paid to the Department of Taxation by each county must be effective on January 1 of the calendar year immediately following the fiscal year in which the proceeds were paid to the Department of Taxation.
κ2023 Statutes of Nevada, Page 2762 (CHAPTER 453, AB 516)κ
3. Of the members appointed by the Governor pursuant to subparagraph (2) of paragraph (a) of subsection 1:
(a) At least one member must be a resident of a county whose population is 700,000 or more.
(b) At least one member must be a resident of a county whose population is 100,000 or more but less than 700,000.
(c) At least two members must be residents of counties whose population is less than 100,000.
(d) Four members may be residents of any county in this State.
Sec. 3. NRS 231.210 is hereby amended to read as follows:
231.210 The Director:
1. Must be appointed by the Governor from a list of three persons submitted to the Governor by the Lieutenant Governor from recommendations made to the Lieutenant Governor by the:
(a) Voting members of the Commission on Tourism;
(b) Chair of the Board of Museums and History; and
(c) [Chair of the Nevada Indian Commission; and
(d)] Chair of the Board of the Nevada Arts Council.
2. Is in the unclassified service of the State.
3. Shall, except as otherwise provided in NRS 284.143, devote his or her entire time to the duties of his or her office and shall not follow any other gainful employment or occupation.
Sec. 4. NRS 232.070 is hereby amended to read as follows:
232.070 1. As executive head of the Department, the Director is responsible for the administration, through the divisions and other units of the Department, of all provisions of law relating to the functions of the Department, except functions assigned by law to the State Environmental Commission, the State Conservation Commission, the Commission for Cultural Centers and Historic Preservation, the Commission on Off-Highway Vehicles or the Sagebrush Ecosystem Council.
2. Except as otherwise provided in subsection 4, the Director shall:
(a) Establish departmental goals, objectives and priorities.
(b) Approve divisional goals, objectives and priorities.
(c) Approve divisional and departmental budgets, legislative proposals, contracts, agreements and applications for federal assistance.
(d) Coordinate divisional programs within the Department and coordinate departmental and divisional programs with other departments and with other levels of government.
(e) Appoint the executive head of each division within the Department.
(f) Delegate to the executive heads of the divisions such authorities and responsibilities as the Director deems necessary for the efficient conduct of the business of the Department.
(g) Establish new administrative units or programs which may be necessary for the efficient operation of the Department, and alter departmental organization and reassign responsibilities as the Director deems appropriate.
(h) From time to time adopt, amend and rescind such regulations as the Director deems necessary for the administration of the Department.
(i) Consider input from members of the public, industries and representatives of organizations, associations, groups or other entities concerned with matters of conservation and natural resources on the following:
κ2023 Statutes of Nevada, Page 2763 (CHAPTER 453, AB 516)κ
(1) Matters relating to the establishment and maintenance of an adequate policy of forest and watershed protection;
(2) Matters relating to the park and recreational policy of the State;
(3) The use of land within this State which is under the jurisdiction of the Federal Government;
(4) The effect of state and federal agencies programs and regulations on the users of land under the jurisdiction of the Federal Government, and on the problems of those users of land; and
(5) The preservation, protection and use of this States natural resources.
3. Except as otherwise provided in subsection 4, the Director may enter into cooperative agreements with any federal or state agency or political subdivision of the State, any public or private institution located in or outside the State of Nevada, or any other person, in connection with studies and investigations pertaining to any activities of the Department.
4. This section does not confer upon the Director any powers or duties which are delegated by law to the State Environmental Commission, the State Conservation Commission, the Commission for Cultural Centers and Historic Preservation, the Commission on Off-Highway Vehicles or the Sagebrush Ecosystem Council, but the Director may foster cooperative agreements and coordinate programs and activities involving the powers and duties of the Commissions and the Council.
5. Except as otherwise provided in NRS [232.159 and] 232.161, all gifts of money and other property which the Director is authorized to accept must be accounted for in the Department of Conservation and Natural Resources Gift Fund which is hereby created as a trust fund.
Sec. 5. NRS 232.140 is hereby amended to read as follows:
232.140 1. Except as otherwise provided in NRS [232.159 and] 232.161, money to carry out the provisions of NRS 232.010 to 232.162, inclusive, and to support the Department and its various divisions and other units must be provided by direct legislative appropriation from the State General Fund.
2. All money so appropriated must be paid out on claims approved by the Director in the same manner as other claims against the State are paid.
Sec. 6. Chapter 233A of NRS is hereby amended by adding thereto the provisions set forth as sections 7, 8 and 9 of this act.
Sec. 7. The Legislature hereby finds and declares that nothing in this chapter, including, without limitation, the creation of the Department of Native American Affairs, is intended to infringe upon the sovereignty of Indian tribes who are recognized by the United States as possessing powers of self-government.
Sec. 8. 1. The Department of Native American Affairs is hereby created.
2. The Department consists of:
(a) The Executive Director;
(b) The Nevada Indian Commission created pursuant to NRS 233A.020; and
(c) The Stewart Indian School Cultural Center and Museum established pursuant to NRS 233A.300.
Sec. 9. 1. The Account for the Protection and Rehabilitation of the Stewart Indian School is hereby created in the State General Fund. The Executive Director shall administer the Account.
κ2023 Statutes of Nevada, Page 2764 (CHAPTER 453, AB 516)κ
2. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. The money in the Account does not revert to the State General Fund at the end of any fiscal year, and the balance in the Account must be carried forward to the next fiscal year.
3. In addition to any money deposited into the Account from the sale of real property pursuant to subsection 6, the Executive Director may apply for and accept any available grants and may accept any bequests, devises, donations or gifts from any public or private source for the purpose of funding the Account.
4. The Executive Director may expend the money in the Account only for the purposes of repairing and maintaining the historic state buildings and grounds of the Stewart Indian School.
5. The Executive Director shall, before expending any money pursuant to subsection 4, consult with an advisory committee that provides a prioritized list of projects that may be funded from the Account. The advisory committee consists of:
(a) The Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources;
(b) The Administrator of the Office of Historic Preservation of the State Department of Conservation and Natural Resources;
(c) The Administrator of the State Public Works Division of the Department of Administration; and
(d) The Executive Director or his or her designee.
6. The Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources may lease or make a direct sale of two parcels of land of approximately 100 acres located within Carson City, and generally described as follows:
(a) The northeast quarter (NE 1/4) of the southeast quarter (SE 1/4) of Section 33, Township 15 N., Range 19 E., M.D.B. & M.
(b) The southeast quarter (SE 1/4) of the southeast quarter (SE 1/4) of Section 33 and the southwest quarter (SW 1/4) of the southwest quarter (SW 1/4) of Section 34, Township 15 N., Range 19 E., M.D.B. & M.
Κ Money received from the lease or sale, less any costs related to the lease or sale, must be deposited in the Account.
Sec. 10. NRS 233A.010 is hereby amended to read as follows:
233A.010 As used in this chapter:
1. [Chair means the Chair of the Nevada Indian Commission.
2.] Commission means the Nevada Indian Commission.
[3.] 2. Commissioner means a commissioner of the Nevada Indian Commission.
[4.] 3. Department means the Department of Native American Affairs.
4. Executive Director means the Executive Director of the Department.
5. Museum means the Stewart Indian School Cultural Center and Museum established pursuant to NRS 233A.300.
Sec. 11. NRS 233A.020 is hereby amended to read as follows:
233A.020 1. The Nevada Indian Commission [, consisting of five members appointed by the Governor,] is hereby created [.] within the Department.
2. The Commission consists of five members appointed by the Governor pursuant to NRS 233A.030.
κ2023 Statutes of Nevada, Page 2765 (CHAPTER 453, AB 516)κ
Sec. 12. NRS 233A.055 is hereby amended to read as follows:
233A.055 1. The Governor, upon recommendation of the Commission, shall appoint an Executive Director of the [Commission] Department who has had successful experience in the administration and promotion of a program comparable to that provided by this chapter.
2. The Executive Director [of the Commission] is in the unclassified service of the State.
3. Except as otherwise provided in NRS 284.143, the Executive Director [of the Commission] shall devote his or her entire time to the duties of his or her office and shall not follow any other gainful employment or occupation.
Sec. 13. NRS 233A.065 is hereby amended to read as follows:
233A.065 The Executive Director [of the Commission] shall:
1. [Be jointly responsible to the Governor and the Commission.] Oversee all of the functions of the Department.
2. Direct and supervise all the technical and administrative activities of the Commission.
3. Attend all Commission meetings and act as Executive Secretary, keeping minutes and audio recordings or transcripts of the proceedings.
4. Report to the Governor and the Commission all matters concerning the [administration] work of [his or her office.] the Department. The Executive Director shall request the advice of the Commission regarding matters of policy, but is responsible, unless otherwise provided by law, for the conduct of the administrative functions of the [Commission office.] Department.
5. Compile, for [Commission approval and] submission to the Governor, a biennial report regarding the work of the [Commission] Department and such other matters as the Executive Director may consider desirable.
6. Serve as contracting officer to receive funds from the Federal Government or other sources for such studies [as] the Commission deems necessary [.] pursuant to NRS 233A.090.
7. Attend all meetings of any special study committee appointed by the Governor pursuant to this chapter and act as Executive Secretary, keeping minutes and audio recordings or transcripts of the proceedings.
8. Appoint, supervise and establish the powers and duties of a Museum Director.
9. Perform any lawful act which the Executive Director considers necessary or desirable to carry out the purposes and provisions of this chapter.
Sec. 14. NRS 233A.070 is hereby amended to read as follows:
233A.070 The Executive Director [of the Commission] may appoint such professional, technical, clerical and operational staff as the execution of his or her duties and the operation of the [Commission] Department may require.
Sec. 15. NRS 233A.090 is hereby amended to read as follows:
233A.090 1. The purpose of the Commission shall be to study matters affecting the social and economic welfare and well-being of American Indians residing in Nevada, including, but not limited to, matters and problems relating to Indian affairs and to federal and state control, responsibility, policy and operations affecting such Indians.
2. The Commission shall [recommend] :
κ2023 Statutes of Nevada, Page 2766 (CHAPTER 453, AB 516)κ
(a) Recommend to the Executive Director necessary or appropriate action, policy and legislation or revision of legislation and administrative agency regulations pertaining to [such Indians. The Commission shall make] American Indians residing in Nevada;
(b) Provide recommendations and advice to the Executive Director concerning the administration of the Department and on any other matter affecting the social and economic welfare and well-being of American Indians residing in Nevada;
(c) Provide direction to the Executive Director concerning any reports prepared by the Department and review drafts of such reports;
(d) Receive reports from the Executive Director and provide direction to the Executive Director concerning measures taken by the Department to ensure that any such measures taken relating to the duties of the Commission are effective; and
(e) Make and report from time to time [its] the findings and recommendations of the Commission to the [Legislature, to the Governor] Department and to the public [and shall so report] at least biennially.
Sec. 16. NRS 233A.092 is hereby amended to read as follows:
233A.092 The [Commission] Department is hereby designated as the coordinating agency for discussions among the [Commission,] Department, state agencies and local governmental entities regarding activities at and uses of the buildings and grounds of the former Stewart Indian School.
Sec. 17. NRS 233A.095 is hereby amended to read as follows:
233A.095 In observance of Nevada Tribes Legislative Day established pursuant to NRS 236.038, the [Nevada Indian Commission] Department shall:
1. Invite the Legislature, the Governor and other elected officials to recognize and pay tribute to the history and culture of American Indians and their contributions to the prosperity and cultural diversity of Nevada and the United States.
2. Schedule activities and discussions between state and tribal leaders on issues of common interest.
Sec. 18. NRS 233A.097 is hereby amended to read as follows:
233A.097 1. Except for gifts or grants specifically accounted for in another fund, all gifts or grants of money, revenues generated or other property which the [Commission] Department is authorized to accept must be accounted for in the [Nevada Indian Commissions] Department of Native American Affairs Gift Fund, which is hereby created as a special revenue fund. The Fund is a continuing fund without reversion. The [Commission] Department may establish such accounts in the Fund as are necessary to account properly for gifts, grants and revenues received and money received pursuant to NRS 233A.300. All such money received by the [Commission] Department must be deposited in the State Treasury for credit to the Fund. The money in the Fund must be paid out on claims as other claims against the State are paid. Unless otherwise specifically provided by statute, claims against the Fund must be approved by the Executive Director [of the Commission] or his or her designee.
2. Gifts of property other than money may be sold or exchanged when this is deemed by the [Commission] Department to be in the best interest of the [Commission.] Department. The sale price must not be less than 90 percent of the value determined by a qualified appraiser appointed by the [Commission.] Department. All money received from the sale must be deposited in the State Treasury to the credit of the appropriate gift account in the [Nevada Indian Commissions] Department of Native American Affairs Gift Fund.
κ2023 Statutes of Nevada, Page 2767 (CHAPTER 453, AB 516)κ
the [Nevada Indian Commissions] Department of Native American Affairs Gift Fund. The money may be spent only for the purposes of the [Commission.] Department. The property may not be sold or exchanged if to do so would violate the terms of the gift.
Sec. 19. NRS 233A.100 is hereby amended to read as follows:
233A.100 The [Commission] Department may:
1. Appoint advisory committees whenever necessary or appropriate to assist and advise the [Commission] Department in the performance of its duties and responsibilities under this chapter.
2. Negotiate and contract with such other agencies, public or private, as it deems necessary or appropriate for such services, facilities, studies and reports to the [Commission] Department as will best enable it to carry out the purposes for which it is created.
3. Cooperate with and secure the cooperation of state, county, city and other agencies, including Indian tribes, bands, colonies and groups and intertribal organizations in connection with [its] the study or investigation of any matter within the scope of this chapter or NRS 383.150 to 383.190, inclusive.
4. Provide any information or assistance requested by the Department of Wildlife pursuant to NRS 502.280.
Sec. 20. NRS 233A.260 is hereby amended to read as follows:
233A.260 1. The [Commission] Department shall develop and implement a policy that:
(a) Promotes effective communication and collaboration between a state agency and Indian tribes;
(b) Promotes positive government-to-government relations between this State and Indian tribes;
(c) Promotes cultural competency in providing effective services to Indian tribes; and
(d) Establishes a method for notifying employees of a state agency of the provisions of NRS 233A.200 to 233A.280, inclusive, and the policy that the [Commission] Department develops pursuant to this section.
2. In the process of developing the policy pursuant to subsection 1, the [Commission] Department shall consult with representatives of Indian tribes and of state agencies.
3. A state agency shall make a reasonable effort to collaborate with Indian tribes in the development and implementation of policies, agreements and programs of the state agency that directly affect Indian tribes.
4. Each state agency that communicates with Indian tribes on a regular basis shall designate a tribal liaison who reports directly to the office of the head of the agency. The tribal liaison shall:
(a) Assist the head of the state agency with ensuring the implementation of the policy developed pursuant to subsection 1;
(b) Serve as a contact person who shall maintain ongoing communication between the state agency and affected Indian tribes; and
(c) Ensure that training is provided to the staff of the state agency pursuant to subsection 2 of NRS 233A.270.
Κ Nothing in this subsection precludes a tribal liaison from providing or facilitating additional training.
5. If a representative of an Indian tribe, on tribal business, contacts a state agency to resolve an issue with a policy, agreement or program of the state agency that affects that Indian tribe, the tribal liaison of the state agency shall notify the head of the state agency of the issue. The head of the state agency, or his or her designee, and the tribal liaison must follow the policy developed pursuant to subsection 1 to attempt to resolve the issue in collaboration with the Indian tribe.
κ2023 Statutes of Nevada, Page 2768 (CHAPTER 453, AB 516)κ
agency, or his or her designee, and the tribal liaison must follow the policy developed pursuant to subsection 1 to attempt to resolve the issue in collaboration with the Indian tribe.
6. The [Commission] Department shall publish on its Internet website an accurate list of the names and contact information for the leaders of the Indian tribes and for the tribal liaison of each state agency that communicates with Indian tribes on a regular basis.
Sec. 21. NRS 233A.270 is hereby amended to read as follows:
233A.270 1. At least once each year, the Governor shall meet with the leaders of Indian tribes in a state-tribal summit to address matters of mutual concern.
2. All heads of a state agency and state agency managers and employees who have ongoing communication with Indian tribes shall complete a training provided by the Division of Human Resource Management of the Department of Administration, in consultation with the [Commission.] Department. Such training must be designed to support:
(a) The promotion of effective communication and collaboration between state agencies and Indian tribes;
(b) The development of positive government-to-government relations between this State and Indian tribes; and
(c) Cultural competency in providing effective services to Indian tribes.
3. On or before July 1 of each year, each state agency that communicates with Indian tribes on a regular basis shall submit a report to the [Commission] Department on the activities of the state agency pursuant to NRS 233A.200 to 233A.280, inclusive. The report must include:
(a) The name and contact information of each person in the state agency who is responsible for developing and implementing programs of the state agency that directly affect Indian tribes;
(b) Any actions taken or planned by the state agency to carry out the policy implemented pursuant to NRS 233A.260;
(c) A certification by the Division of Human Resource Management of the Department of Administration of the number of managers and employees of the state agency who have completed the training required pursuant to subsection 2;
(d) A description of current and planned programs and services provided to or directly affecting Indian tribes and the amount of funding for each program; and
(e) A description of the method the state agency established for notifying employees of the state agency of the provisions of NRS 233A.200 to 233A.280, inclusive.
4. The [Commission] Department shall periodically submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission:
(a) A compilation of the reports submitted pursuant to subsection 3; and
(b) A report on the activities and any findings and recommendations of the [Commission.] Department.
Sec. 22. NRS 233A.300 is hereby amended to read as follows:
233A.300 1. The buildings and grounds of the former Stewart Indian School that are designated by the [Commission] Department are under the management of the Museum Director for the purpose of establishing and maintaining the Stewart Indian School Cultural Center and Museum.
2. The Museum Director shall enter into an agreement with the State Land Registrar or any other state agency that receives an assignment from the State Land Registrar of the buildings and grounds of the former Stewart Indian School.
κ2023 Statutes of Nevada, Page 2769 (CHAPTER 453, AB 516)κ
the State Land Registrar of the buildings and grounds of the former Stewart Indian School. The agreement must, without limitation:
(a) Designate which buildings and grounds of the former Stewart Indian School under the management of the Museum Director pursuant to subsection 1 are appropriate for holding special events; and
(b) Authorize the Museum Director to grant special use permits to hold special events at or on the buildings and grounds of the former Stewart Indian School designated pursuant to paragraph (a).
3. Any money received for any special events held at or on the buildings and grounds of the former Stewart Indian School in accordance with the agreement entered into pursuant to subsection 2 must be:
(a) Paid into the State Treasury for credit to the [Nevada Indian Commissions] Department of Native American Affairs Gift Fund created by NRS 233A.097; and
(b) Used by the [Commission] Department to carry out programs to preserve and maintain the operations and cultural integrity of the former Stewart Indian School.
Sec. 23. NRS 233A.310 is hereby amended to read as follows:
233A.310 The Museum Director appointed pursuant to NRS 233A.065:
1. Is in the classified service of the State ; [.]
2. Is responsible to and under the direction of the Executive Director; and
3. Shall exercise such powers and carry out such duties pursuant to NRS 233A.320 and as are assigned to the Museum Director by the Executive Director pursuant to NRS 233A.065.
Sec. 24. NRS 321.740 is hereby amended to read as follows:
321.740 1. The Land Use Planning Advisory Council is hereby created. The Advisory Council consists of:
(a) Eighteen voting members appointed by the Governor, as follows:
(1) One member from each county in this State who represents that county; and
(2) [One member who represents the Nevada Indian Commission.] The Executive Director of the Department of Native American Affairs or his or her designee.
(b) One nonvoting member appointed by the Nevada Association of Counties, or its successor organization.
(c) One nonvoting member appointed by the Nevada League of Cities and Municipalities, or its successor organization.
2. The provisions of subsection 6 of NRS 232A.020 do not apply to members of the Advisory Council who also serve as county commissioners, and the Governor may appoint any such member of the Advisory Council to one other board, commission or similar body.
3. Each board of county commissioners [and the Nevada Indian Commission] shall, at least 30 days before the beginning of any term of the representative of the county [or the Nevada Indian Commission,] or , within 30 days after the position of that representative becomes vacant, submit to the Governor the name of its nominee or a list of the names of not more than three nominees who are elected officials or other representatives of the county [or of the Nevada Indian Commission, as applicable,] for the position to be filled. If a board of county commissioners [or the Nevada Indian Commission] submits the names of two or more nominees, the board [or the Nevada Indian Commission, as applicable,] shall number its nominees in order of preference. That order of preference is not binding upon the Governor.
κ2023 Statutes of Nevada, Page 2770 (CHAPTER 453, AB 516)κ
Governor. The Governor shall appoint the person so nominated or, if more than one person is nominated, one of the persons from the list of nominees.
4. If:
(a) A board of county commissioners fails to submit the name of its nominee or a list of nominees within the time required by this subsection or subsection 3, the Governor may appoint to the Advisory Council any resident of that county as the representative of the county.
(b) [The Nevada Indian Commission fails to submit the name of its nominee or a list of nominees within the time required by subsection 3, the Governor may appoint any resident of the State who has experience working with tribal governments in this State and who has knowledge of natural resource issues pertaining to tribal lands in this State as the representative of the Nevada Indian Commission.
(c)] A board of county commissioners [or the Nevada Indian Commission] has timely submitted the name of its nominee or a list of nominees pursuant to subsection 3 and the Governor fails to appoint a person so nominated:
(1) If one person has been nominated, that person; or
(2) If two or more persons have been nominated, the person listed by the board [or the Nevada Indian Commission, as applicable,] first in order of preference,
Κ shall be deemed to be a voting member of the Advisory Council as of the beginning of the new term or, in the case of an appointment to fill a vacancy, the first meeting of the Advisory Council that is held not less than 30 days after the submission of the nomination unless, before that date, the Governor notifies the board [or the Nevada Indian Commission, as applicable,] in writing that none of its nominees will be appointed to the Advisory Council. Within 30 days after the date of any such notice, the board [or the Nevada Indian Commission, as applicable,] shall submit to the Governor the name of a new nominee or a list of new nominees.
5. Except as otherwise provided in this subsection, each voting member serves a term of 3 years. If a voting member appointed pursuant to subparagraph (1) of paragraph (a) of subsection 1 is an elected official of the county that he or she represents on the Advisory Council and he or she does not become a candidate for reelection or is defeated for reelection, the board of county commissioners of that county may end the persons membership on the Advisory Council before the expiration of his or her 3-year term. If the board of county commissioners ends the persons membership on the Advisory Council pursuant to this subsection:
(a) That persons membership on the Advisory Council ends on the date on which his or her term of office as an elected official of the county ends; and
(b) A vacancy exists in the membership of the Advisory Council that must be filled for the remainder of the unexpired term pursuant to subsection 3 or 4, as applicable.
6. Any voting member is eligible for reappointment to the Advisory Council.
7. The nonvoting members of the Advisory Council serve at the pleasure of the appointing authority.
8. At its first meeting each year, the Advisory Council shall elect a Chair and Vice Chair from among its voting members.
9. A majority of the voting members of the Advisory Council constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Advisory Council.
κ2023 Statutes of Nevada, Page 2771 (CHAPTER 453, AB 516)κ
10. A board of county commissioners may provide that, while engaged in the business of the Advisory Council, a voting member of the Advisory Council is entitled to receive from the county he or she represents the per diem allowance and travel expenses provided by law for state officers and employees generally.
Sec. 25. NRS 327.120 is hereby amended to read as follows:
327.120 The Board consists of:
1. Twelve voting members, which include one representative of each of the following agencies or organizations:
(a) Bureau of Mines and Geology of the State of Nevada.
(b) Faculty of the University of Nevada, Reno.
(c) Faculty of the University of Nevada, Las Vegas.
(d) Division of State Library, Archives and Public Records of the Department of Administration.
(e) Department of Transportation of the State.
(f) State Department of Conservation and Natural Resources.
(g) Nevada Historical Society.
(h) [Nevada Indian Commission.] Department of Native American Affairs.
(i) United States Bureau of Land Management.
(j) United States Forest Service.
(k) United States National Park Service.
(l) Inter-Tribal Council of Nevada, Inc., or its successor organization.
Κ Each agency or organization shall designate a representative and one alternative representative for this purpose.
2. An Executive Secretary who is a nonvoting member of the Board. The voting members of the Board shall select the Executive Secretary.
Sec. 26. NRS 407A.575 is hereby amended to read as follows:
407A.575 1. There is hereby created the Advisory Board on Outdoor Recreation composed of:
(a) The following 12 voting members:
(1) The Lieutenant Governor or his or her designee;
(2) The Director or his or her designee;
(3) The Director of the Department of Tourism and Cultural Affairs or his or her designee;
(4) The Executive Director of the Office of Economic Development or his or her designee;
(5) The Director of the Department of Wildlife or his or her designee;
(6) The Administrator of the Division of State Parks of the Department;
(7) The [Chair of the Nevada Indian Commission;] Executive Director of the Department of Native American Affairs or his or her designee;
(8) One member appointed by the Governor from a list of nominees submitted by the Board of Directors of the Nevada Association of Counties, or its successor organization, who:
(I) Resides in a county whose population is less than 100,000; and
(II) Has professional expertise or possesses demonstrated knowledge in outdoor recreation, natural resources management and economic development in this State; and
(9) Four members appointed by the Governor from a list of nominees submitted by the Lieutenant Governor and the Director as follows:
κ2023 Statutes of Nevada, Page 2772 (CHAPTER 453, AB 516)κ
(I) A representative of the outdoor recreation industry;
(II) A representative of conservation interests;
(III) A person with experience in and knowledge of education; and
(IV) A person with experience in and knowledge of public health.
(b) The following two nonvoting members, who must be appointed by the Administrator of the Division of Outdoor Recreation or his or her designee, subject to the approval of the Director:
(1) A representative of the United States Department of the Interior from the Bureau of Land Management, National Park Service or United States Fish and Wildlife Service; and
(2) A representative of the United States Department of Agriculture from the United States Forest Service or Rural Development.
2. The Lieutenant Governor or his or her designee shall:
(a) Serve as Chair of the Advisory Board; and
(b) Appoint a member of the Advisory Board to serve as Vice Chair of the Advisory Board.
3. The Advisory Board shall meet at such times and places as are specified by a call of the Chair but not less than once a year. A majority of the voting members of the Advisory Board constitutes a quorum. If a quorum is present, the affirmative vote of a majority of the voting members of the Advisory Board present is sufficient for any official action taken by the Advisory Board.
4. The Advisory Board shall advise the Administrator on any matter concerning outdoor recreation in this State.
Sec. 27. NRS 417.0191 is hereby amended to read as follows:
417.0191 1. The Interagency Council on Veterans Affairs is hereby created. The Council consists of:
(a) The Director of the Department of Business and Industry;
(b) The Director of the Department of Corrections;
(c) The Director of the Department of Employment, Training and Rehabilitation;
(d) The Director of the Department of Health and Human Services;
(e) The Director of the Department of Public Safety;
(f) The Director of the Department of Veterans Services;
(g) The Adjutant General;
(h) The Chancellor of the Nevada System of Higher Education;
(i) The Executive Director of the Office of Economic Development;
(j) The Executive Director of the [Nevada Indian Commission;] Department of Native American Affairs;
(k) The Administrator of the Division of Human Resource Management of the Department of Administration; and
(l) Any other persons appointed by the Governor, including, without limitation, representatives of federal and local governmental agencies and private entities that provide services to veterans. Members appointed pursuant to this paragraph serve at the pleasure of the Governor.
2. A member of the Council may designate a person to represent him or her at any meeting of the Council. The person designated may exercise all the duties, rights and privileges of the member that he or she represents.
Sec. 28. NRS 502.280 is hereby amended to read as follows:
502.280 1. Any resident Native American of the State of Nevada may apply for a specialty combination fishing and hunting license. When applying for a specialty combination fishing and hunting license, the resident Native American shall exhibit a document issued in this State by the chair of a tribal council or chief of a Native American tribe, or an officer of a reservation, colony or educational institution, stating that the bearer is a resident Native American of the State of Nevada.
κ2023 Statutes of Nevada, Page 2773 (CHAPTER 453, AB 516)κ
a tribal council or chief of a Native American tribe, or an officer of a reservation, colony or educational institution, stating that the bearer is a resident Native American of the State of Nevada.
2. The Department shall issue a specialty combination fishing and hunting license to a resident Native American pursuant to subsection 5 of NRS 502.240 pursuant to the same methods as the Department issues a specialty combination fishing and hunting license to a person pursuant to subsection 4 of NRS 502.240.
3. Before hunting for deer or big game off an Indian reservation in this State, all Native Americans must secure resident deer tags or other resident big game tags and pay the fee provided therefor in NRS 502.250.
4. If the Department is considering whether to make any recommendations for proposed legislation relating to any fishing and hunting rights of a resident Native American or any Native American tribe in this State, the Department shall, in accordance with regulations adopted by the Commission:
(a) Provide notice of the proposed action to each of those tribes or any other person specified in those regulations; and
(b) Consult with each of those tribes and persons concerning the proposed action.
5. Upon request by the Department, the [Nevada Indian Commission] Department of Native American Affairs may provide information or assistance to the Department in carrying out the provisions of this section.
6. The Commission shall adopt regulations to carry out the provisions of this section.
Sec. 29. NRS 704.79887 is hereby amended to read as follows:
704.79887 1. The Regional Transmission Coordination Task Force is hereby created.
2. The Governor shall appoint a person to act as the Chair of the Task Force who serves at the pleasure of the Governor. The Chair is a voting member of the Task Force.
3. In addition to the Chair, the Task Force consists of:
(a) The following voting members, appointed by the Governor:
(1) A representative of an electric utility that primarily serves densely populated counties, as defined in NRS 704.110;
(2) A representative of an organization that represents rural electric cooperatives and municipally owned electric utilities in this State;
(3) A representative of the Colorado River Commission of Nevada;
(4) A representative of a transmission line development company operating in this State;
(5) A representative of the large-scale solar energy industry in this State;
(6) A representative of the geothermal energy industry in this State;
(7) A representative of the data center businesses in this State;
(8) A representative of an organization that represents the mining industry in this State;
(9) A representative of an organization that represents the gaming and resort businesses in this State;
(10) A representative of a labor organization in this State;
(11) A representative of an organization in this State that advocates on behalf of environmental or public lands issues who has expertise in or knowledge of environmental or public lands issues;
κ2023 Statutes of Nevada, Page 2774 (CHAPTER 453, AB 516)κ
(12) A representative of the [Nevada Indian Commission;] Department of Native American Affairs;
(13) A representative of the Office of Energy;
(14) A representative of the Office of Economic Development;
(15) Two members of the Senate, nominated by the Majority Leader of the Senate, at least one of whom must be a member of the minority political party;
(16) Two members of the Assembly, nominated by the Speaker of the Assembly, at least one of whom must be a member of the minority political party; and
(17) Not more than three persons who represent the general public.
(b) The following nonvoting members, appointed by the Governor:
(1) A representative of the Public Utilities Commission of Nevada; and
(2) A representative of the Bureau of Consumer Protection in the Office of the Attorney General.
4. The members of the Task Force serve at the pleasure of the Governor.
5. The members of the Task Force serve without compensation.
Sec. 30. 1. Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.
2. Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.
3. Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.
Sec. 31. The Legislative Counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
2. In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.
Sec. 32. 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. 33. NRS 232.159 is hereby repealed.
Sec. 34. This act becomes effective on July 1, 2024.
________
κ2023 Statutes of Nevada, Page 2775κ
Assembly Bill No. 517Committee on Ways and Means
CHAPTER 454
[Approved: June 14, 2023]
AN ACT relating to the Legislative Counsel Bureau; requiring the Legislative Auditor to conduct performance audits of certain school districts and the State Public Charter School Authority; authorizing the Chair of the Interim Finance Committee to request certain additional audits of school districts; establishing provisions governing such performance audits; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Legislative Counsel Bureau which consists of a Legislative Commission, an Interim Finance Committee, a Director, an Audit Division, a Fiscal Analysis Division, a Legal Division, a Research Division and an Administrative Division. (NRS 218F.100)
Existing law requires the Legislative Auditor, who is the chief of the Audit Division, to conduct certain audits of accounts, funds and other records of agencies of the State to determine certain information. (NRS 218F.100, 218G.200) Section 5 of this bill requires the Legislative Auditor to conduct a performance audit of the two school districts with the largest number of enrolled pupils in this State and the State Public Charter School Authority not later than August 31, 2026, and not less than once every 4 years thereafter. Section 5 authorizes the Legislative Auditor to evaluate certain matters as part of such a performance audit and to exercise his or her professional judgment in determining the scope and manner of work to be conducted and the objectives of each such audit. Sections 5, 8 and 9 of this bill require the final written report of each audit to be presented to the Legislative Commission, the Interim Finance Committee or a subcommittee of the Interim Finance Committee and, under certain circumstances, the Audit Subcommittee of the Legislative Commission, by certain dates.
Section 6 of this bill authorizes the Chair of the Interim Finance Committee, not later than January 1, 2026, and every 4 years thereafter, to request that the Legislative Auditor conduct a performance audit of up to three additional school districts. Sections 6, 8 and 9 of this bill require the final written report of each such audit to be presented to the Legislative Commission, the Interim Finance Committee or a subcommittee of the Interim Finance Committee and, under certain circumstances, the Audit Subcommittee of the Legislative Commission, by certain dates.
Section 7 of this bill requires the Legislative Auditor or the authorized representative of the Legislative Auditor to furnish a copy of the preliminary report of a performance audit to the superintendent of the respective school district or the Executive Director of the State Public Charter School Authority, as applicable. Section 7 requires the superintendent of the respective school district or the Executive Director of the State Public Charter School Authority, as applicable, to submit to the Legislative Auditor a written statement of explanation or rebuttal concerning any findings for inclusion in the final report. Section 8 of this bill requires the Legislative Auditor to furnish copies of the final written report to certain persons and prohibits the Legislative Auditor from disclosing the contents of an audit before it has been presented to certain legislative bodies. Section 8 authorizes the Legislative Commission to adopt certain regulations regarding the presentation and distribution of the final written report.
Section 9 of this bill requires the Legislative Commission or Audit Subcommittee to notify the respective school district or the State Public Charter School Authority, as applicable, of its acceptance of a final written report of an audit that contains a recommendation for corrective action and requires the school district or the State Public Charter School Authority, as applicable, to submit a plan for corrective action to the Legislative Auditor.
κ2023 Statutes of Nevada, Page 2776 (CHAPTER 454, AB 517)κ
recommendation for corrective action and requires the school district or the State Public Charter School Authority, as applicable, to submit a plan for corrective action to the Legislative Auditor. Section 9 requires a person who submits a plan for corrective action to submit to the Legislative Auditor a report regarding the implementation of any recommendations of the Legislative Auditor.
Section 10 of this bill requires the officers and employees of a school district or the State Public Charter School Authority to provide certain assistance to the Legislative Auditor or the authorized representative of the Legislative Auditor in the inspection, examination and audit of books, accounts, records, reports or other documents. Section 10 requires each school district or the State Public Charter School Authority to cooperate fully with the Legislative Auditor or the authorized representative of the Legislative Auditor in the performance of his or her duties with respect to a performance audit conducted pursuant to sections 5-10 of this bill.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 1-3. (Deleted by amendment.)
Sec. 4. Chapter 218G of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 10, inclusive, of this act.
Sec. 5. 1. The Legislative Auditor shall, not later than August 31, 2026, and not less than once every 4 years thereafter, conduct a performance audit of each of the following entities:
(a) The school district in this State with the largest number of pupils enrolled;
(b) The school district in this State with the second largest number of pupils enrolled; and
(c) The State Public Charter School Authority.
2. As part of a performance audit conducted pursuant to this section, the Legislative Auditor may evaluate, without limitation:
(a) Compliance with statutory requirements concerning annual reports of accountability, as well as consistency, or lack thereof, in the methodology used for such reporting;
(b) Compliance with state or local laws relating to contracting with outside entities to provide goods or services;
(c) Whether any plans presented by the school district or the State Public Charter School Authority to the Legislature or the Interim Finance Committee, including, without limitation, any subcommittee of the Interim Finance Committee, have been implemented and whether any such plan is achieving or has achieved the desired outcome;
(d) The efficacy of any strategy or program implemented at one or more schools to:
(1) Improve the proficiency of pupils in the subject areas of reading, mathematics, science or writing;
(2) Improve the educational outcomes of pupils who are English learners, at-risk pupils or receiving special education;
(3) Improve the academic performance of pupils enrolled in a Title I school, as defined in NRS 385A.040; or
(4) Increase parental involvement and family and community engagement in public schools.
κ2023 Statutes of Nevada, Page 2777 (CHAPTER 454, AB 517)κ
(e) The efficacy of any strategy or program of recruitment or retention designed to ensure the availability of qualified teachers and other educational personnel and support staff, including, without limitation, mental health professionals.
(f) The efficacy of any strategy or program implemented by a school district or the State Public Charter School Authority to reduce class sizes.
(g) Any other matter which the Legislative Auditor is requested to evaluate by the Interim Finance Committee.
3. The Legislative Auditor, in performing his or her duties pursuant to this section and section 6 of this act, may exercise his or her professional judgment in determining the scope and manner of work to be conducted and the objectives of each audit.
4. The Legislative Auditor shall, on or before September 1, 2026, and every 4 years thereafter, present to the Legislative Commission a final written report of each audit conducted pursuant to this section during the immediately preceding 4 years.
5. The Legislative Auditor shall present a final written report of each audit conducted pursuant to this section to the Interim Finance Committee, or the appropriate subcommittee of the Interim Finance Committee, as directed by the Chair of the Interim Finance Committee, after the report is presented to the Legislative Commission but in no event later than December 31 of the year in which the final report was presented to the Legislative Commission.
6. As used in this section, at-risk pupil has the meaning ascribed to it in NRS 387.1211.
Sec. 6. 1. The Chair of the Interim Finance Committee may, not later than January 1, 2026, and every 4 years thereafter, request that, in addition to the entities set forth in subsection 1 of section 5 of this act, the Legislative Auditor conduct a performance audit of up to three additional school districts selected by the Chair. Within the limits of legislative appropriations, the Legislative Auditor shall conduct each performance audit requested by the Chair pursuant to this section.
2. The Legislative Auditor shall, on or before September 1, 2030, and every 4 years thereafter, present a final written report of each audit conducted pursuant to this section during the immediately preceding 4 years to the Legislative Commission.
3. The Legislative Auditor shall present a final written report of each audit conducted pursuant to this section to the Interim Finance Committee, or the appropriate subcommittee of the Interim Finance Committee, as directed by the Chair of the Interim Finance Committee, after the report is presented to the Legislative Commission but in no event later than December 31 of the year in which the final report was presented to the Legislative Commission.
Sec. 7. The Legislative Auditor or the Legislative Auditors authorized representative shall furnish a copy of the preliminary report of an audit conducted pursuant to section 5 or 6 of this act to the superintendent of the respective school district or the Executive Director of the State Public Charter School Authority, as applicable, and discuss the report with the superintendent of the school district or the Executive Director of the State Public Charter School Authority. The superintendent of the school district or the Executive Director of the State Public Charter School Authority, as applicable, shall submit to the Legislative Auditor, within 10 days after the discussion, a written statement of explanation or rebuttal concerning any of the findings, and the Legislative Auditor shall include in the final written report prepared pursuant to section 5 or 6 of this act the explanation or rebuttal of the superintendent of the school district or the Executive Director of the State Public Charter School Authority to any of the findings contained in the final report.
κ2023 Statutes of Nevada, Page 2778 (CHAPTER 454, AB 517)κ
within 10 days after the discussion, a written statement of explanation or rebuttal concerning any of the findings, and the Legislative Auditor shall include in the final written report prepared pursuant to section 5 or 6 of this act the explanation or rebuttal of the superintendent of the school district or the Executive Director of the State Public Charter School Authority to any of the findings contained in the final report.
Sec. 8. 1. Except as otherwise provided in subsection 2, the Legislative Auditor shall furnish copies of the final written report of each audit conducted pursuant to section 5 or 6 of this act to all Legislators, other appropriate state officers and the superintendent of the respective school district or the Executive Director of the State Public Charter School Authority, as applicable, following the presentation of the final written report to the Legislative Commission.
2. The Legislative Commission may by regulation provide for the:
(a) Presentation of the final written report of each audit to the Audit Subcommittee before the report is presented to the Legislative Commission.
(b) Distribution of copies of the final written report of an audit to each member of the Legislative Commission or Audit Subcommittee, or both, before the report is presented to the Legislative Commission.
(c) Distribution of copies of the final written report or a summary of the final report to all Legislators, other appropriate state officers and the superintendent of the respective school district or the Executive Director of the State Public Charter School Authority after the final report is presented to the Audit Subcommittee.
3. Except as otherwise provided by chapters 218A to 218H, inclusive, of NRS, the Legislative Auditor shall not disclose the content of any audit conducted pursuant to section 5 or 6 of this act before it is presented to the:
(a) Audit Subcommittee, if the final written report is presented to the Audit Subcommittee pursuant to regulations adopted by the Legislative Commission.
(b) Legislative Commission, if the final written report is not presented to the Audit Subcommittee pursuant to regulations adopted by the Legislative Commission.
Sec. 9. 1. The Legislative Commission or the Audit Subcommittee shall notify the respective school district or the State Public Charter School Authority, as applicable, of its acceptance of a final written report of an audit by the Legislative Auditor that concerns the school district or the State Public Charter School Authority and contains any recommendations for corrective action. Within 60 working days after the receipt of notification, if corrective action is recommended, the school district or State Public Charter School Authority, as applicable, shall submit a plan for corrective action to the Legislative Auditor. The school district or State Public Charter School Authority, as applicable, shall commence corrective action pursuant to the plan immediately after its submission.
2. The Legislative Auditor shall notify the:
(a) Audit Subcommittee, if the final written report was first presented to the Audit Subcommittee pursuant to regulations adopted by the Legislative Commission; or
(b) Legislative Commission, if the final written report was first presented to the Legislative Commission,
Κ of any failure to submit a plan pursuant to subsection 1.
κ2023 Statutes of Nevada, Page 2779 (CHAPTER 454, AB 517)κ
3. Each person who submits a plan pursuant to subsection 1 shall, within 6 months after submission of the plan, submit to the Legislative Auditor a report specifying the extent to which the recommendations of the Legislative Auditor have been carried out, the extent to which the recommendations have not been carried out and the reasons for any failure to carry out the recommendations.
4. The Legislative Auditor shall submit each report received pursuant to subsection 3 to the Legislative Commission and the Interim Finance Committee.
5. The Legislative Auditor shall notify the:
(a) Audit Subcommittee, if so authorized by regulations adopted by the Legislative Commission; or
(b) Legislative Commission,
Κ of any failure to submit a report pursuant to subsection 3.
6. The Legislative Commission may by regulation:
(a) Provide that reports received by the Legislative Auditor pursuant to subsection 3 must be submitted to the Audit Subcommittee before they are submitted to the Legislative Commission.
(b) Authorize the Audit Subcommittee to:
(1) Review the reports;
(2) Conduct hearings to examine any justification for a failure to carry out the recommendations of the Legislative Auditor; and
(3) Report its findings to the Legislative Commission.
Sec. 10. 1. Every officer and employee of a school district or the State Public Charter School Authority shall aid and assist the Legislative Auditor at such times as the Legislative Auditor requires in the inspection, examination and audit of any books, accounts, records, reports or other documents in their possession.
2. Upon the request of the Legislative Auditor or the Legislative Auditors authorized representative, all officers and employees of a school district or the State Public Charter School Authority shall make available to the Legislative Auditor all their books, accounts, records, reports or other documents, confidential or otherwise, necessary, irrespective of their form or location in performing authorized audits or investigations.
3. Each school district or the State Public Charter School Authority shall cooperate fully with the Legislative Auditor or the Legislative Auditors authorized representative in the performance of his or her duties pursuant to sections 5 to 10, inclusive, of this act.
Sec. 11. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.
κ2023 Statutes of Nevada, Page 2780 (CHAPTER 454, AB 517)κ
202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.
κ2023 Statutes of Nevada, Page 2781 (CHAPTER 454, AB 517)κ
645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 8 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
4. If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium. Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
κ2023 Statutes of Nevada, Page 2782 (CHAPTER 454, AB 517)κ
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 12. NRS 239C.210 is hereby amended to read as follows:
239C.210 1. A document, record or other item of information described in subsection 2 that is prepared and maintained for the purpose of preventing or responding to an act of terrorism is confidential, not subject to subpoena or discovery, not subject to inspection by the general public and may only be inspected by or released to:
(a) Public safety and public health personnel; and
(b) Except as otherwise provided in this subsection, the Legislative Auditor conducting a postaudit pursuant to NRS 218G.010 to 218G.555, inclusive, and sections 5 to 10, inclusive, of this act,
Κ if the Governor determines, by executive order, that the disclosure or release of the document, record or other item of information would thereby create a substantial likelihood of compromising, jeopardizing or otherwise threatening the public health, safety or welfare. Any information that is inspected by or released to the Legislative Auditor pursuant to this subsection is not subject to the exception from confidentiality set forth in NRS 218G.130. The Legislative Auditor may confirm that vulnerability assessments have been submitted to or are in the possession of a state agency that is the subject of a postaudit, but the assessments must not be inspected by or released to the Legislative Auditor. An employee of the Audit Division of the Legislative Counsel Bureau who is conducting a postaudit that includes access to documents or information subject to the provisions of this section must be properly cleared through federal criteria or state or local background investigation and instructed, trained or certified, as applicable, regarding the security sensitivity of the documents or information.
2. The types of documents, records or other items of information subject to executive order pursuant to subsection 1 are as follows:
(a) Assessments, plans or records that evaluate or reveal the susceptibility of fire stations, police stations and other law enforcement stations to acts of terrorism or other related emergencies.
(b) Drawings, maps, plans or records that reveal the critical infrastructure of primary buildings, facilities and other structures used for storing, transporting or transmitting water or electricity, natural gas or other forms of energy, fiber optic cables, microwave towers or other vertical assets used for the transmission or receipt of data or communications used by response agencies and public safety and public health personnel.
(c) Documents, records or other items of information which may reveal the details of a specific emergency response plan or other tactical operations by a response agency and any training relating to such emergency response plans or tactical operations.
(d) Handbooks, manuals or other forms of information detailing procedures to be followed by response agencies in the event of an act of terrorism or other related emergency.
(e) Documents, records or other items of information that reveal information pertaining to specialized equipment used for covert, emergency or tactical operations of a response agency, other than records relating to expenditures for such equipment.
κ2023 Statutes of Nevada, Page 2783 (CHAPTER 454, AB 517)κ
emergency or tactical operations of a response agency, other than records relating to expenditures for such equipment.
(f) Documents, records or other items of information regarding critical telecommunications facilities and the infrastructure and security of radio frequencies for transmissions used by response agencies, including, without limitation:
(1) Access codes, passwords or programs used to ensure the security of radio frequencies for transmissions used by response agencies;
(2) Procedures and processes used to ensure the security of radio frequencies for transmissions used by response agencies; and
(3) Plans used to re-establish security and service with respect to radio frequencies for transmissions used by response agencies after security has been breached or service has been interrupted.
(g) Vulnerability assessments and emergency response plans of utilities, public entities and private businesses in this State. As used in this paragraph, public entities means departments, agencies or instrumentalities of the State, any of its political subdivisions or tribal governments. The term includes general improvement districts.
3. If a person knowingly and unlawfully discloses a document, record or other item of information subject to an executive order issued pursuant to subsection 1 or assists, solicits or conspires with another person to disclose such a document, record or other item of information, the person is guilty of:
(a) A gross misdemeanor; or
(b) A category C felony and shall be punished as provided in NRS 193.130 if the person acted with the intent to:
(1) Commit, cause, aid, further or conceal, or attempt to commit, cause, aid, further or conceal, any unlawful act involving terrorism or sabotage; or
(2) Assist, solicit or conspire with another person to commit, cause, aid, further or conceal any unlawful act involving terrorism or sabotage.
4. The Governor shall review the documents, records and other items of information determined by executive order pursuant to subsection 1 to be confidential every 10 years to assess the continued need for the documents, records and other items of information to remain confidential.
5. As used in this section, public safety and public health personnel includes:
(a) State, county, city and tribal emergency managers;
(b) Members and staff of terrorism early warning centers or fusion intelligence centers in this State;
(c) Employees of fire-fighting or law enforcement agencies, if the head of the agency has designated the employee as having an operational need to know of information that is prepared or maintained for the purpose of preventing or responding to an act of terrorism; and
(d) Employees of a public health agency, if the agency is one that would respond to a disaster and if the head of the agency has designated the employee as having an operational need to know of information that is prepared or maintained for the purpose of preventing or responding to an act of terrorism. As used in this paragraph, disaster has the meaning ascribed to it in NRS 414.0335.
κ2023 Statutes of Nevada, Page 2784 (CHAPTER 454, AB 517)κ
Sec. 13. Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after May 16, 2023.
Sec. 14. This act becomes effective on July 1, 2023.
________
Assembly Bill No. 260Assemblyman ONeill
CHAPTER 455
[Approved: June 14, 2023]
AN ACT relating to business; exempting veterans service organizations and the officers and agents of veterans service organizations from various fees imposed on persons conducting business in this State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law imposes various fees on persons conducting business in this State, including, without limitation, fees for: (1) the issuance and renewal of a state business license; (2) filings required in connection with the registration of a registered agent; (3) various filings to satisfy requirements imposed on a business entity; and (4) various other purposes. (Title 7 of NRS) This bill exempts veterans service organizations and any agent or officer of a veterans service organization from such fees. This bill defines veterans service organization as any organization recognized by the United States Secretary of Veterans Affairs for the representation of veterans pursuant to federal law. (38 U.S.C. § 5902)
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 75 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Notwithstanding any other provision of law, a veterans service organization and any agent or officer of a veterans service organization are exempt from any fees imposed pursuant to this title.
2. As used in this section, veterans service organization means any organization recognized by the United States Secretary of Veterans Affairs pursuant to 38 U.S.C. § 5902 for the representation of veterans.
Sec. 2. 1. This section becomes effective upon passage and approval.
2. Section 1 of this act becomes effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2024, for all other purposes.
________
κ2023 Statutes of Nevada, Page 2785κ
Assembly Bill No. 299Assemblyman Yeager
CHAPTER 456
[Approved: June 14, 2023]
AN ACT relating to State Government; creating the Nevada Medal of Distinction and the Nevada Awards and Honors Board; setting forth the process for awarding the Nevada Medal of Distinction; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 3 of this bill creates the Nevada Medal of Distinction, which must be awarded each year to: (1) one person who is living and has made a significant and lasting contribution to the State of Nevada; and (2) one person who is deceased and during his or her lifetime made a significant and lasting contribution to the State of Nevada.
Section 4 of this bill creates the Nevada Awards and Honors Board, to be composed of five members who are residents of this State and appointed by the Governor. The Board is required to: (1) establish a suitable design for the Nevada Medal of Distinction; (2) establish the requirements for determining whether a person is a Nevada resident or otherwise has a sufficient connection to this State and has made a significant and lasting contribution to the State; (3) procure the manufacture of the Medal; and (4) take any other action necessary to carry out the provisions of sections 3-6 of this bill.
Section 5 of this bill requires, on or before January 1 of each year, a selection committee to be established, consisting, with certain exceptions, of nine members as follows: (1) three members appointed by the Governor; (2) two members appointed by the Majority Leader of the Senate; (3) two members appointed by the Speaker of the Assembly; and (4) two members appointed by the Chief Justice of the Nevada Supreme Court. If the Governor, Majority Leader of the Senate and Speaker of the Assembly are all members of the same political party, section 5 provides that the selection committee must consist of: (1) three members appointed by the Governor; (2) one member appointed by the Majority Leader of the Senate; (3) one member appointed by the Minority Leader of the Senate; (4) one member appointed by the Speaker of the Assembly; (5) one member appointed by the Minority Leader of the Assembly; and (6) two members appointed by the Chief Justice of the Nevada Supreme Court. Section 5 also requires each member of the selection committee to submit to the Board the nomination of one person who is living and one person who is deceased to receive the Nevada Medal of Distinction for that year.
Sections 5 and 7 of this bill exempt meetings of the selection committee from the Open Meeting Law. (Chapter 241 of NRS)
Section 6 of this bill requires the Board to hold a ceremony to announce the recipients of the Nevada Medal of Distinction for that year, which must be held in: (1) Carson City during each odd-numbered year on a date in which the Legislature is in regular session; and (2) Clark County during each even-numbered year. Section 6 further requires the selection committee to meet and select the recipients of the Nevada Medal of Distinction for that year not more than 7 calendar days before the ceremony.
κ2023 Statutes of Nevada, Page 2786 (CHAPTER 456, AB 299)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 223 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, Board means the Nevada Awards and Honors Board created by section 4 of this act.
Sec. 3. 1. There is hereby created an award to be known as the Nevada Medal of Distinction.
2. Each year the Nevada Medal of Distinction must be awarded to:
(a) One person who is living and has made a significant and lasting contribution to the State of Nevada; and
(b) One person who is deceased and during his or her lifetime made a significant and lasting contribution to the State of Nevada.
3. The Nevada Medal of Distinction may not be awarded to a person more than once or to an elected officer during his or her term.
Sec. 4. 1. There is hereby created the Nevada Awards and Honors Board.
2. The Board shall be composed of five members who are residents of the State, appointed by the Governor. The members of the Board serve for terms of 3 years and may be reappointed.
3. The Board shall:
(a) Establish a suitable design for the Nevada Medal of Distinction such as a ribbon, badge or other insignia;
(b) Establish the requirements for determining whether a person:
(1) Has made a significant and lasting contribution to the State; and
(2) Is a Nevada resident or otherwise has a sufficient connection to this State;
(c) Procure the manufacture of the Nevada Medal of Distinction; and
(d) Take any other action necessary to carry out the requirements of sections 2 to 6, inclusive, of this act.
4. The Office of the Governor shall provide administrative support to the Board.
5. The Board may apply for and accept grants, gifts, donations, bequests or devises on behalf of the Board which must be used to carry out the functions of the Board.
Sec. 5. 1. Except as otherwise provided in subsection 2, on or before January 1 of each year, there must be established a selection committee of nine members as follows:
(a) Three members appointed by the Governor;
(b) Two members appointed by the Majority Leader of the Senate;
(c) Two members appointed by the Speaker of the Assembly; and
κ2023 Statutes of Nevada, Page 2787 (CHAPTER 456, AB 299)κ
(d) Two members appointed by the Chief Justice of the Supreme Court of Nevada.
2. If the Governor, Majority Leader of the Senate and Speaker of the Assembly are all members of the same political party, the selection committee established pursuant to subsection 1 must be comprised of nine members as follows:
(a) Three members appointed by the Governor;
(b) One member appointed by the Majority Leader of the Senate;
(c) One member appointed by the Minority Leader of the Senate;
(d) One member appointed by the Speaker of the Assembly;
(e) One member appointed by the Minority Leader of the Assembly; and
(f) Two members appointed by the Chief Justice of the Supreme Court of Nevada.
3. The membership of the selection committee must be posted on the Internet website of the Office of the Governor.
4. On or before the deadline established by the Board, each member of the selection committee shall submit to the Board the nomination of one person who is living and one person who is deceased to receive the Nevada Medal of Distinction for that year. The Board must post the nominations that are received from each member of the selection committee on the Internet website of the Governor.
5. The selection committee may conduct a meeting in person, by means of a remote technology system or any combination of members attending in person or by means of a remote technology system. The meetings of the selection committee are not subject to chapter 241 of NRS.
6. As used in this section, remote technology system means any system or other means of communication which uses any electronic, digital or other similar technology to enable a person from a remote location to attend, participate, vote or take any other action in any meeting even though the person is not physically present at the meeting. The term includes, without limitation, teleconference and videoconference systems.
Sec. 6. 1. The Board shall hold a ceremony to announce the recipients of the Nevada Medal of Distinction for that year. The ceremony must be held:
(a) In Carson City during each odd-numbered year on a date in which the Legislature is in regular session.
(b) In Clark County during each even-numbered year.
2. Not more than 7 calendar days before the date on which the ceremony is held, the selection committee must meet and select the recipients of the Nevada Medal of Distinction for that year, one of whom must be living and one of whom must be deceased.
κ2023 Statutes of Nevada, Page 2788 (CHAPTER 456, AB 299)κ
Sec. 7. NRS 241.016 is hereby amended to read as follows:
241.016 1. The meetings of a public body that are quasi-judicial in nature are subject to the provisions of this chapter.
2. The following are exempt from the requirements of this chapter:
(a) The Legislature of the State of Nevada.
(b) Judicial proceedings, including, without limitation, proceedings before the Commission on Judicial Selection and, except as otherwise provided in NRS 1.4687, the Commission on Judicial Discipline.
(c) Meetings of the State Board of Parole Commissioners when acting to grant, deny, continue or revoke the parole of a prisoner or to establish or modify the terms of the parole of a prisoner.
3. Any provision of law, including, without limitation, NRS 91.270, 219A.210, 228.495, 239C.140, 239C.420, 241.028, 281A.350, 281A.690, 281A.735, 281A.760, 284.3629, 286.150, 287.0415, 287.04345, 287.338, 288.220, 288.590, 289.387, 295.121, 315.98425, 360.247, 388.261, 388.385, 388A.495, 388C.150, 388D.355, 388G.710, 388G.730, 392.147, 392.466, 392.467, 392.4671, 394.1699, 396.1415, 396.3295, 414.270, 422.405, 433.534, 435.610, 442.774, 463.110, 480.545, 622.320, 622.340, 630.311, 630.336, 631.3635, 639.050, 642.518, 642.557, 686B.170, 696B.550, 703.196 and 706.1725, and section 5 of this act, which:
(a) Provides that any meeting, hearing or other proceeding is not subject to the provisions of this chapter; or
(b) Otherwise authorizes or requires a closed meeting, hearing or proceeding,
Κ prevails over the general provisions of this chapter.
4. The exceptions provided to this chapter, and electronic communication, must not be used to circumvent the spirit or letter of this chapter to deliberate or act, outside of an open and public meeting, upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.
________
κ2023 Statutes of Nevada, Page 2789κ
Senate Bill No. 368Senators D. Harris, Spearman, Donate, Neal; Cannizzaro, Daly, Dondero Loop, Flores, Krasner, Lange, Nguyen, Pazina and Scheible
Joint Sponsors: Assemblywomen Bilbray-Axelrod and Hansen
CHAPTER 457
[Approved: June 14, 2023]
AN ACT relating to real property; prescribing a procedure for removing certain discriminatory restrictions or prohibitions from a written instrument relating to real property; requiring the Real Estate Division of the Department of Business and Industry to prescribe a restrictive covenant modification form; eliminating certain provisions relating to a declaration of removal of a discriminatory restriction or prohibition; requiring each county recorder in this State to provide certain notice to each owner who recorded a declaration of removal of a discriminatory restriction or prohibition with the office of the county recorder; making appropriations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that any restriction or prohibition in a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, leasing or mortgaging of the real property or purports to limit, restrict or prohibit the use or occupation of the real property on the basis of race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation or gender identity or expression is void and unenforceable by operation of law. Existing law authorizes an owner of real property that is subject to such a restriction or prohibition to record a declaration of removal of the discriminatory restriction or prohibition by filing a declaration form with the county recorder of the county in which the real property is located. If an owner files such a form, existing law requires the county recorder to attach the declaration form to the original recorded instrument to indicate that the discriminatory restriction or prohibition is void. (NRS 111.237)
Section 1.3 of this bill eliminates provisions relating to the filing and recordation of a declaration of removal of a discriminatory restriction or prohibition. Instead, section 1.3 prescribes a procedure for removing a discriminatory restriction or prohibition from a written instrument relating to real property. Section 1.3 requires an interested person who wishes to remove a discriminatory restriction or prohibition from a written instrument to file a petition in the district court requesting that the court issue an order directing the county recorder to record a restrictive covenant modification document, which redacts from a written instrument any discriminatory restriction or prohibition identified by the court in its order. If, after considering such a petition and any objections, the district court determines that a restriction or prohibition identified in a petition is void and unenforceable by operation of law, section 1.3 requires the district court to issue an order directing the appropriate county recorder to record a restrictive covenant modification document. If the district court issues such an order, section 1.3 authorizes an interested person to record a restrictive covenant modification document by filing with the appropriate county recorder: (1) a restrictive covenant modification form; (2) a certified copy of the written instrument; and (3) a certified copy of the court order. Upon receipt of these documents, section 1.3 requires the county recorder to: (1) redact from the written instrument any language identified in the court order; (2) record and index the restrictive covenant modification document and restrictive covenant modification form; and (3) retain the original written instrument as a public record for historical purposes.
κ2023 Statutes of Nevada, Page 2790 (CHAPTER 457, SB 368)κ
instrument any language identified in the court order; (2) record and index the restrictive covenant modification document and restrictive covenant modification form; and (3) retain the original written instrument as a public record for historical purposes.
Section 1 of this bill defines certain terms relating to the procedure prescribed by section 1.3. Section 2 of this bill makes a conforming change relating to the recordation of a restrictive covenant modification document or restrictive covenant modification form.
Section 1.5 of this bill requires the Real Estate Division of the Department of Business and Industry to: (1) solicit recommendations concerning the design and contents of a restrictive covenant modification form; and (2) prescribe such a form.
Section 2.5 of this bill makes appropriations to the University of Nevada, Las Vegas, and the University of Nevada, Reno, to pay costs associated with: (1) identifying, locating and mapping certain real property subject to a discriminatory restriction or prohibition; (2) removing discriminatory restrictions or prohibitions from written instruments using the procedure prescribed by section 1.3; (3) documenting certain information; and (4) providing education or outreach concerning the procedure prescribed by section 1.3.
Section 3 of this bill requires each county recorder in this State to provide certain notice to each owner who recorded a declaration of removal of a discriminatory restriction or prohibition with the office of the county recorder.
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 111.010 is hereby amended to read as follows:
111.010 As used in this chapter:
1. Conveyance shall be construed to embrace every instrument in writing, except a last will and testament, whatever may be its form, and by whatever name it may be known in law, by which any estate or interest in lands is created, aliened, assigned or surrendered.
2. Estate and interest in lands shall be construed and embrace every estate and interest, present and future, vested and contingent, in lands as defined in subsection 3.
3. Lands shall be construed as coextensive in meaning with lands, tenements and hereditaments, and shall include in its meaning all possessory right to the soil for mining and other purposes.
4. Restrictive covenant modification document means a certified copy of a written instrument which redacts from the written instrument any language identified in a court order issued pursuant to NRS 111.237.
5. Restrictive covenant modification form means the form prescribed by the Real Estate Division of the Department of Business and Industry pursuant to NRS 111.2375.
Sec. 1.3. NRS 111.237 is hereby amended to read as follows:
111.237 1. Every provision in a written instrument relating to real property which purports to forbid or restrict the conveyance, encumbrance, leasing or mortgaging of such real property to any person of a specified race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation, or gender identity or expression is void and unenforceable and every restriction or prohibition as to the use or occupation of real property because of the users or occupiers race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation, or gender identity or expression is void and unenforceable.
κ2023 Statutes of Nevada, Page 2791 (CHAPTER 457, SB 368)κ
national origin, disability, familial status, sex, sexual orientation, or gender identity or expression is void and unenforceable.
2. Every restriction or prohibition, whether by way of covenant, condition upon use or occupation, or upon transfer of title to real property, which restriction or prohibition directly or indirectly limits the acquisition, use or occupation of such property because of the acquirers, users or occupiers race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation, or gender identity or expression is void and unenforceable.
3. [The owner or owners of any real property subject to a] A restriction or prohibition that is void and unenforceable by operation of law pursuant to subsection 1 or 2 may [record] be removed from a written instrument using the restrictive covenant modification procedure provided in this section.
4. An interested person who wishes to remove from a written instrument any restriction or prohibition that is void and unenforceable by operation of law must file a petition in the district court requesting that the court issue an order directing the county recorder to record a restrictive covenant modification document. Any such petition must:
(a) Be made on a form prescribed by the [Real Estate Division] clerk of the [Department of Business and Industry pursuant to NRS 111.2375 declaring that all such restrictions] court;
(b) Specifically identify any restriction or [prohibitions are removed from] prohibition the [referenced original] interested person seeks to have redacted from the written instrument [.
4. The form must be completed and signed by] ; and
(c) Be accompanied by:
(1) An affidavit that states that the petitioner meets the definition of interested person set forth in subsection 14, if the petitioner is not the owner or owners of the real property; and
(2) A copy of the written instrument.
5. If the petitioner is not the owner or owners of the real property [and] , a copy of the petition must be served upon each owner of the property by mailing a copy of the petition by certified mail, return receipt requested, to each owner at his or her place of residence or to the registered agent of each owner at the address of the registered agent.
6. If, within 10 days after service of the petition:
(a) No written objection is filed , [in] the [office of] district court may consider the petition without a hearing.
(b) A written objection is filed, the district court shall set the matter for a hearing.
7. After considering the petition and any objections, if the district court determines that a restriction or prohibition identified in the petition is void and unenforceable by operation of law pursuant to subsection 1 or 2, the district court shall issue an order directing the county recorder of the county in which the real property is located [.
5.] to record a restrictive covenant modification document. An order issued pursuant to this subsection must clearly identify the language that must be redacted in the restrictive covenant modification document.
8. If the [form is filed with the appropriate county recorder] district court issues an order pursuant to subsection [4,] 7, an interested person may record a restrictive covenant modification document by filing with the appropriate county recorder:
κ2023 Statutes of Nevada, Page 2792 (CHAPTER 457, SB 368)κ
(a) A completed, signed restrictive covenant modification form;
(b) A certified copy of the written instrument; and
(c) A certified copy of a court order issued pursuant to subsection 7.
9. Upon receipt of the documents required by subsection 8, the county recorder shall [record and index the form with any other restriction or prohibition upon real property, including, without limitation, real property within a common-interest community pursuant to chapter 116 of NRS.
6. If the form is not filed with the county recorder of the appropriate county pursuant to subsection 4, the county recorder shall transfer the form to the county recorder of the appropriate county for recording and indexing in the manner described in subsection 5.
7.] :
(a) Redact from the certified copy of the written instrument any language identified in the order;
(b) Record and index:
(1) The restrictive covenant modification document; and
(2) The restrictive covenant modification form; and
(c) Retain the original written instrument as a public record for historical purposes.
10. The decision of the district court is not appealable.
11. No fee may be charged by:
(a) The clerk of the court for:
(1) The filing of a petition or written objection pursuant to this section; or
(2) Providing a certified copy of a court order issued pursuant to subsection 7; or
(b) The county recorder for any filing, indexing or recording required pursuant to subsection 9.
12. The filing of a petition pursuant to subsection 4 does not constitute grounds for delaying any probate proceeding, divorce proceeding or bankruptcy proceeding to which an owner is a party.
13. Nothing in this section regarding familial status shall be construed to apply to housing for older persons so long as such housing complies with the requirements of 42 U.S.C. § 3607.
[8.] 14. As used in this section:
(a) Disability means, with respect to a person:
(1) A physical or mental impairment that substantially limits one or more of the major life activities of the person;
(2) A record of such an impairment; or
(3) Being regarded as having such an impairment.
(b) Familial status means the fact that a person:
(1) Lives with a child under the age of 18 and has:
(I) Lawful custody of the child; or
(II) Written permission to live with the child from the person who has lawful custody of the child;
(2) Is pregnant; or
(3) Has begun the proceeding to adopt or otherwise obtain lawful custody of a child.
(c) Interested person includes:
(1) The owner or owners of the real property.
(2) A representative of a common-interest community, if the real property is located within a common-interest community.
κ2023 Statutes of Nevada, Page 2793 (CHAPTER 457, SB 368)κ
(3) A nonprofit organization or academic institution whose mission, in whole or in part, is to combat discrimination based upon race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation, or gender identity or expression.
Sec. 1.5. NRS 111.2375 is hereby amended to read as follows:
111.2375 1. The Real Estate Division of the Department of Business and Industry shall:
(a) Solicit recommendations from the county recorder of each county concerning the design and contents of a restrictive covenant modification form that may be used [to make a declaration of removal of] for the purpose of redacting and removing a discriminatory restriction pursuant to NRS 111.237.
(b) Prescribe such a form after considering all recommendations solicited pursuant to paragraph (a).
2. [The form must provide for the inclusion of the following:
(a) Identifying information concerning the original written instrument that contains a prohibition or restriction that is void and unenforceable pursuant to NRS 111.237;
(b) The name or names of the owner or owners of the property;
(c) The assessors parcel number;
(d) The legal description of the real property as provided in the original written instrument;
(e) The mailing address of the owner or owners of the property; and
(f) The following statements in 14-point font, in substantially the following form:
(1) The referenced original written instrument contains discriminatory restrictions that are void and unenforceable pursuant to NRS 111.237. This declaration removes from the referenced original instrument all provisions that are void and unenforceable pursuant to NRS 111.237 and is valid solely for that purpose; and
(2) All persons in this State shall have an equal opportunity to inherit, purchase, lease, rent, sell, hold and convey real property without discrimination, distinction or restriction because of race, color, religion, ancestry, national origin, disability, familial status, sex, sexual orientation or gender identity or expression pursuant to chapter 118 of NRS.
3.] The form must be made available, free of charge:
(a) By the Real Estate Division at its principal office designated pursuant to NRS 645.170 and at each branch office established pursuant to NRS 645.170 and on any Internet website maintained by the Division; and
(b) By the county recorder at the office of the county recorder and on any Internet website maintained by the county recorder in his or her official capacity.
Sec. 2. NRS 111.312 is hereby amended to read as follows:
111.312 1. The county recorder shall not record with respect to real property, a notice of completion, a declaration of homestead, a [declaration of removal of discriminatory restriction,] restrictive covenant modification form, a restrictive covenant modification document, a lien or notice of lien, an affidavit of death, a mortgage or deed of trust, any conveyance of real property or instrument in writing setting forth an agreement to convey real property or a notice pursuant to NRS 111.3655 unless the document being recorded contains:
κ2023 Statutes of Nevada, Page 2794 (CHAPTER 457, SB 368)κ
(a) The mailing address of the grantee or, if there is no grantee, the mailing address of the person who is requesting the recording of the document; and
(b) Except as otherwise provided in subsection 2, the assessors parcel number of the property at the top left corner of the first page of the document, if the county assessor has assigned a parcel number to the property. The parcel number must comply with the current system for numbering parcels used by the county assessors office. The county recorder is not required to verify that the assessors parcel number is correct.
2. Any document relating exclusively to the transfer of water rights may be recorded without containing the assessors parcel number of the property.
3. The county recorder shall not record with respect to real property any deed, including, without limitation:
(a) A grant, bargain and sale deed;
(b) Quitclaim deed;
(c) Warranty deed; or
(d) Trustees deed upon sale,
Κ unless the document being recorded contains the name and address of the person to whom a statement of the taxes assessed on the real property is to be mailed.
4. The assessors parcel number shall not be deemed to be a complete legal description of the real property conveyed.
5. Except as otherwise provided in subsection 6, if a document that is being recorded includes a legal description of real property that is provided in metes and bounds, the document must include the name and mailing address of the person who prepared the legal description. The county recorder is not required to verify the accuracy of the name and mailing address of such a person.
6. If a document including the same legal description described in subsection 5 previously has been recorded, the document must include all information necessary to identify and locate the previous recording, but the name and mailing address of the person who prepared the legal description is not required for the document to be recorded. The county recorder is not required to verify the accuracy of the information concerning the previous recording.
Sec. 2.5. 1. There is hereby appropriated from the State General Fund to the University of Nevada, Las Vegas, for the purposes set forth in subsection 3 the following sums:
For the Fiscal Year 2023-2024....................................................... $75,000
For the Fiscal Year 2024-2025....................................................... $75,000
2. There is hereby appropriated from the State General Fund to the University of Nevada, Reno, for the purposes set forth in subsection 3 the following sums:
For the Fiscal Year 2023-2024....................................................... $75,000
For the Fiscal Year 2024-2025....................................................... $75,000
3. The money appropriated by subsections 1 and 2 must be used by the University of Nevada, Las Vegas, or the University of Nevada, Reno, as applicable, to pay costs associated with:
(a) Identifying, locating and mapping any real property subject to a restriction or prohibition that is void and unenforceable by operation of the law pursuant to NRS 111.237, as amended by section 1.3 of this act;
κ2023 Statutes of Nevada, Page 2795 (CHAPTER 457, SB 368)κ
(b) Removing restrictions or prohibitions that are void and unenforceable by operation of the law from written instruments using the restrictive covenant modification procedure set forth in NRS 111.237, as amended by section 1.3 of this act;
(c) Documenting the history of structural racism in this State, the harm wrought by restrictive covenants and the perseverance of the residents of this State affected by restrictive covenants; and
(d) Providing education or outreach concerning the restrictive covenant modification procedure set forth in NRS 111.237, as amended by section 1.3 of this act.
4. Any balance of the sums appropriated by subsections 1 and 2 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. 3. As soon as reasonably practicable on or after October 1, 2023, each county recorder in this State shall provide notice of the provisions of this act to each owner who, before October 1, 2023, recorded a form declaring that a restriction or prohibition is removed from an original written instrument.
Sec. 4. (Deleted by amendment.)
Sec. 5. 1. This section and section 4 of this act become effective upon passage and approval.
2. Section 2.5 of this act becomes effective on July 1, 2023.
3. Sections 1 to 2, inclusive, and 3 of this act become effective on October 1, 2023.
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κ2023 Statutes of Nevada, Page 2796κ
Senate Bill No. 473Committee on Finance
CHAPTER 458
[Approved: June 15, 2023]
AN ACT making an appropriation to the Division of Water Resources of the State Department of Conservation and Natural Resources for a study of extreme rainfall events; 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 Division of Water Resources of the State Department of Conservation and Natural Resources the sum of $650,000 for a study of extreme rainfall events, including, without limitation, a study of the annual exceedance probability.
2. Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2025.
Sec. 2. This act becomes effective upon passage and approval.
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