[Rev. 3/13/2024 9:51:28 AM]
κ2023 Statutes of Nevada, Page 2913κ
Assembly Bill No. 304Assemblywoman Anderson
CHAPTER 472
[Approved: June 15, 2023]
AN ACT relating to special license plates; exempting special license plates that encourage the donation of human organs from certain provisions limiting the number of designs of special license plates issued by the Department of Motor Vehicles; eliminating the requirement to provide proof of current or former employment as a professional full-time salaried firefighter or current or former service as a volunteer firefighter in an application for the renewal of certain special license plates recognizing such employment or service; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes the Department of Motor Vehicles to issue special license plates that encourage the donation of human organs. (NRS 482.37905) Under existing law, certain special license plates, including special license plates that encourage the donation of human organs, are subject to a limitation of the number of separate designs of special license plates which the Department may issue at any one time. (NRS 482.367008) Section 1 of this bill exempts the special license plates that encourage the donation of human organs from the limitation on the number of separate designs of special license plates which the Department may issue at any one time.
Existing law authorizes the Department to issue special license plates recognizing: (1) current or former employment as a professional full-time salaried firefighter; and (2) current or former service as a volunteer firefighter. Existing law requires an application for the issuance or renewal of such special license plates to include documentation providing reasonable proof of the applicants eligibility to receive the special plates. (NRS 482.3753, 482.3754) Sections 2 and 3 of this bill eliminate the requirement to include such documentation in an application for the renewal of such special license plates.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 482.367008 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, a license plate that is approved by the Legislature after July 1, 2005.
κ2023 Statutes of Nevada, Page 2914 (CHAPTER 472, AB 304)κ
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
(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.
κ2023 Statutes of Nevada, Page 2915 (CHAPTER 472, AB 304)κ
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. 2. NRS 482.3753 is hereby amended to read as follows:
482.3753 1. Except as otherwise provided in this section, the Department, in cooperation with professional full-time salaried firefighters in the State of Nevada, shall design, prepare and issue license plates that recognize current or former employment as a professional full-time salaried firefighter using any colors and designs which the Department deems appropriate. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.
2. The Department shall issue license plates that recognize current or former employment as a professional full-time salaried firefighter for a passenger car or a light commercial vehicle upon application by a qualified person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that recognize current or former employment as a professional full-time salaried firefighter if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that recognize current or former employment as a professional full-time salaried firefighter.
3. An application for the issuance [or renewal] of license plates that recognize current or former employment as a professional full-time salaried firefighter is void unless it is accompanied by documentation which, in the determination of the Department, provides reasonable proof of the identity of the applicant and proof of the applicants:
(a) Current employment as a professional full-time salaried firefighter; or
(b) Status as a former professional full-time salaried firefighter who retired from employment after completing at least 10 years of creditable service as a firefighter within this State or any other jurisdiction with:
(1) A fire department; or
(2) A federal or state agency, the duties of which involve the prevention and suppression of fires, including, without limitation, the Bureau of Land Management and the Division of Forestry of the State Department of Conservation and Natural Resources.
4. Proof of an applicants current or former employment as a professional full-time salaried firefighter must consist of:
κ2023 Statutes of Nevada, Page 2916 (CHAPTER 472, AB 304)κ
(a) An identification card issued by the Professional Fire Fighters of Nevada or its successor;
(b) An identification card issued by the Nevada Fire Chiefs Association or its successor;
(c) An identification card issued by a professional firefighters or chiefs organization or association from any other jurisdiction that is acceptable to the Department; or
(d) A letter certifying the applicants current or former employment as a professional full-time salaried firefighter, which letter must be from:
(1) The Professional Fire Fighters of Nevada or its successor;
(2) The Nevada Fire Chiefs Association or its successor;
(3) A professional firefighters or chiefs organization or association from any other jurisdiction that is acceptable to the Department; or
(4) The chief officer of a federal or state agency or any other jurisdiction, the duties of which involve the prevention and suppression of fires, including, without limitation, the Bureau of Land Management and the Division of Forestry of the State Department of Conservation and Natural Resources.
5. An application for the renewal of license plates issued pursuant to this section is not required to be accompanied by proof of the applicants current or former employment as a professional full-time salaried firefighter.
6. The fee payable to the Department for license plates that recognize current or former employment as a professional full-time salaried firefighter is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment to the Department of $10 in addition to all other applicable registration and license fees and governmental services taxes.
[6.] 7. In addition to all other applicable registration and license fees and governmental services taxes and the fees prescribed in subsection [5,] 6, a person who requests a set of license plates that recognize current or former employment as a professional full-time salaried firefighter must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20 to support the Professional Fire Fighters of Nevada Benevolent Association.
[7.] 8. The Department shall deposit the fees collected pursuant to subsection [6] 7 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 Professional Fire Fighters of Nevada Benevolent Association.
[8.] 9. 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 transfer and registration fees are paid as set out in this chapter; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
κ2023 Statutes of Nevada, Page 2917 (CHAPTER 472, AB 304)κ
[9.] 10. As used in this section:
(a) Any other jurisdiction means any governmental or quasi-governmental entity within the United States which employs professional full-time salaried firefighters and includes, without limitation, any city, county, state, territory, Indian tribe or branch of the Armed Forces of the United States.
(b) Professional full-time salaried firefighter means a person employed in this State or any other jurisdiction in a full-time salaried occupation of fire fighting for the benefit or safety of the public.
Sec. 3. NRS 482.3754 is hereby amended to read as follows:
482.3754 1. Except as otherwise provided in this section, the Department, in cooperation with the Nevada State Firefighters Association or its successor, shall design, prepare and issue license plates that recognize current or former service as a volunteer firefighter using any colors and designs which the Department deems appropriate. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.
2. The Department shall issue license plates that recognize current or former service as a volunteer firefighter for a passenger car or a light commercial vehicle upon application by a qualified person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that recognize current or former service as a volunteer firefighter if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that recognize current or former service as a volunteer firefighter.
3. An application for the issuance [or renewal] of license plates that recognize current or former service as a volunteer firefighter is void unless it is accompanied by documentation which, in the determination of the Department, provides reasonable proof of the identity of the applicant and proof of the applicants current service as a volunteer firefighter or status as a former volunteer firefighter who retired from service as a volunteer firefighter within this State after completing at least 10 years of active service. Proof of an applicants current or former service as a volunteer firefighter must consist of:
(a) An identification card which indicates that the applicant currently serves as a volunteer firefighter; or
(b) A letter from the chief officer of a volunteer or combination fire department certifying the applicants current or former service as a volunteer firefighter.
4. An application for the renewal of license plates issued pursuant to this section is not required to be accompanied by proof of the applicants current or former service as a volunteer firefighter.
5. The fee payable to the Department for license plates that recognize current or former service as a volunteer firefighter is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment to the Department of $10 in addition to all other applicable registration and license fees and governmental services taxes.
κ2023 Statutes of Nevada, Page 2918 (CHAPTER 472, AB 304)κ
[5.] 6. In addition to all other applicable registration and license fees and governmental services taxes and the fees prescribed in subsection [4,] 5, a person who requests a set of license plates that recognize current or former service as a volunteer firefighter must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20 to support the training of volunteer firefighters.
[6.] 7. The Department shall deposit the fees collected pursuant to subsection [5] 6 with the State Treasurer for credit to the State General Fund. The State Treasurer shall account separately for the money deposited pursuant to this subsection and reserve such money for expenditure by the State Fire Marshal in accordance with this subsection. The State Fire Marshal may expend the money reserved pursuant to this subsection solely for the support of, and to pay expenses related to, training for volunteer firefighters provided by or as directed by the Board of Directors of the Nevada State Firefighters Association or its successor.
[7.] 8. 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 transfer and registration fees are paid as set out in this chapter; or
(b) Within 30 days after removing the plates from the vehicle, return them to the Department.
[8.] 9. As used in this section:
(a) Combination fire department means a fire department that is:
(1) Served by both volunteer and full-time salaried firefighters; and
(2) Recognized as such by the State Fire Marshal.
(b) Volunteer fire department means a fire department recognized as a bona fide volunteer fire department by the State Fire Marshal.
(c) Volunteer firefighter means a person who serves actively in an unpaid capacity in a volunteer or combination fire department within this State as a firefighter for the benefit or safety of the public.
Sec. 4. 1. This section becomes effective upon passage and approval.
2. Sections 1, 2 and 3 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 2919κ
Assembly Bill No. 292Assemblywomen Gonzαlez; and Summers-Armstrong
Joint Sponsors: Senators Spearman, Neal; and Scheible
CHAPTER 473
[Approved: June 15, 2023]
AN ACT relating to incarceration; requiring the Department of Corrections to adopt certain regulations relating to the care of women who are in the custody of the Department; requiring the warden of an institution or manager of a facility to adopt policies relating to conduct between male correctional officers and women who are incarcerated; requiring the warden of an institution or manager of a facility to adopt policies relating to the care of a pregnant offender; requiring the Department to develop and adopt certain policies and regulations relating to the care of a pregnant offender; requiring a correctional officer to submit a written report if restraints are used on a pregnant offender; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Section 2 of this bill requires the Department of Corrections to: (1) ensure that a woman who is assigned to an institution or facility completes a form to assess the needs of the woman while in the custody of the Department; (2) provide a woman who is incarcerated access to certain necessary medical and behavioral health services; and (3) provide a woman who is incarcerated with a sufficient supply of feminine hygiene products at no cost. Section 2 additionally requires the Department to provide the woman with a preferred type of feminine hygiene products upon request. Section 2 also requires the Department to adopt any regulations necessary to carry out the provisions of section 2.
Section 5 of this bill requires certain persons responsible for the operation of an institution or facility of the Department to adopt a policy setting forth standards of conduct for interactions between a male staff member and a woman who is incarcerated in the institution or facility. Section 5 also requires any such policy to prohibit a male staff member from inspecting or searching a woman who is incarcerated in an institution or facility and who is in a state of undress while located in a private location, unless: (1) there are extraordinary circumstances; and (2) a female correctional staff member, or any female staff member of the institution or facility if a female correctional staff member is unavailable, is present at the time of the inspection or search. Section 5 additionally requires a male correctional staff member who conducts such an inspection or search to submit a written report concerning the inspection or search with the warden of the institution or manager of the facility within 72 hours. Section 6 of this bill requires the Department to provide a woman who is pregnant and in the custody of the Department access to necessary medical and behavioral health care services, including obstetrical services. Section 6 also: (1) requires certain persons responsible for the operation of an institution or facility of the Department to adopt a policy for the prenatal and postnatal care of an offender; and (2) prescribes requirements for such a policy.
Section 6 additionally requires the Department to adopt any regulations necessary to carry out the provisions of section 6. Section 6 additionally requires the Department to develop and adopt a policy to be carried out in each institution and facility concerning the physical and mental health of offenders who are pregnant.
κ2023 Statutes of Nevada, Page 2920 (CHAPTER 473, AB 292)κ
Existing law prohibits the use of restraints on an offender confined in a facility or institution who is in labor, delivering a baby or recuperating from delivery. Under existing law, if restraints are used on such a person, the restraints used must be the least restrictive restraints which are necessary to ensure safety and security. (NRS 209.376) Section 9 of this bill requires a correctional staff member who orders the use of restraints on such an offender to submit a report to the warden of the institution or manager of the facility which: (1) describes the reasons for the use of the restraints; and (2) must be submitted to the warden or manager within 5 hours after the use of the restraints.
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 209 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. 1. The Department shall ensure that each woman who is assigned to an institution or facility completes a form at the time of intake to assess the needs of the woman while in the custody of the Department. The form must include, without limitation, questions relating to:
(a) How recently the woman has received preventative gynecological care and, if applicable, obstetrical care; and
(b) The needs of the woman for feminine hygiene products for the purpose of providing the woman with a suitable supply of feminine hygiene products.
2. The Department shall provide a woman who is in the custody of the Department access to necessary medical and behavioral health care services, including:
(a) Counseling pertaining to mental health or a substance use disorder;
(b) Medication prescribed for the treatment for mental health issues;
(c) An annual pelvic examination and mammography; and
(d) Any appropriate follow-up care necessary for a woman who receives an examination pursuant to paragraph (c).
3. The Department shall provide a woman who is in the custody of the Department with a sufficient supply of feminine hygiene products at no cost. The Department shall provide the woman with a preferred type of feminine hygiene products upon request. A woman may at any time inform the Department of a need to adjust the supply of feminine hygiene products necessary to constitute a sufficient supply for the needs of the woman.
4. The Department shall adopt regulations necessary to carry out the provisions of this section.
5. As used in this section:
(a) Feminine hygiene product means a sanitary napkin, tampon or other similar item used during a menstrual cycle.
(b) Mammography has the meaning ascribed to it in NRS 457.182.
Secs. 3 and 4. (Deleted by amendment.)
Sec. 5. 1. Subject to the approval of the Director, the warden of each institution and the manager of each facility shall adopt a policy setting forth standards of conduct for interactions between a male correctional staff member and a woman who is incarcerated in the institution or facility.
κ2023 Statutes of Nevada, Page 2921 (CHAPTER 473, AB 292)κ
2. The policy adopted pursuant to subsection 1 must:
(a) Be consistent with any other applicable laws or regulations;
(b) Prohibit a male correctional staff member from conducting an inspection or search of a woman who is incarcerated in the institution or facility and is in a state of undress in a private location, unless:
(1) There are extraordinary circumstances; and
(2) A female correctional staff member, or any female staff member of the institution or facility if a female correctional staff member is unavailable, is present at the time of the inspection or search; and
(c) Include, without limitation, a requirement that a male correctional staff member who inspects or searches a woman pursuant to paragraph (b) submit to the warden of the institution or manager of the facility a written report concerning the inspection or search.
3. A written report filed pursuant to subsection 2 must:
(a) Be filed not later than 72 hours after the inspection or search occurs; and
(b) Include a description of the inspection or search and any other information requested by the warden or manager, as applicable.
4. As used in this section:
(a) Private location means an area in an institution or facility in which a woman has a reasonable expectation of privacy, including, without limitation, an area which contains a shower or toilet, a medical examination room or an area in which body cavity searches are conducted.
(b) State of undress means that the naked or undergarment-clad genitals, pubic area, buttocks or breast of a woman are exposed.
Sec. 6. 1. The Department shall provide an offender who is pregnant and in the custody of the Department access to necessary medical and behavioral health care services, including, without limitation, obstetrical services.
2. Subject to the approval of the Director, the warden of each institution and the manager of each facility shall adopt a policy for the prenatal and postnatal care of offenders. Any such policy must be consistent with any other applicable laws or regulations.
3. A policy adopted pursuant to subsection 2 must include, without limitation:
(a) A requirement that each offender who is pregnant receive:
(1) Training, educational programming or written materials concerning prenatal care, pregnancy, hygiene and health concerns relating to pregnancy, the impact of alcohol and drugs on a fetus, labor, the care of newborns and the postpartum period;
(2) Prenatal vitamins or supplements, as deemed necessary by the Medical Director;
(3) A diet containing the nutrients necessary to maintain a healthy pregnancy, as deemed necessary by the Medical Director;
(4) Any hygiene products which are reasonably necessary and specifically designed for a person who is pregnant; and
(5) Counseling regarding parenting skills; and
(b) A requirement that each offender who delivers a baby while in the custody of the Department:
(1) Receives appropriate, trauma-informed medical care at the institution or facility, including, without limitation, treatment for postpartum depression;
κ2023 Statutes of Nevada, Page 2922 (CHAPTER 473, AB 292)κ
(2) Receives counseling regarding parenting skills upon the request of the offender; and
(3) To be provided an opportunity to bond with a baby delivered while in the custody of the Department for a minimum period of not less than 72 hours after delivery.
4. The counseling and written materials required by subsection 3 must be communicated or written in easily understood language.
5. The Department shall develop and adopt a policy to be carried out in each institution and facility concerning the physical and mental health of offenders who are pregnant. In developing such a policy, the Department shall take into consideration the impact of certain actions on the offender and the fetus, including, without limitation, the impact of:
(a) The use of restraints; and
(b) An invasive body cavity search.
6. The Department shall adopt any regulations necessary to carry out the provisions of this section.
7. Nothing in this section shall be construed to require an institution or facility to adopt any policy that does not comply with federal law or regulation.
Secs. 7 and 8. (Deleted by amendment.)
Sec. 9. NRS 209.376 is hereby amended to read as follows:
209.376 1. No restraints of any kind may be used on an offender who is in labor, delivering her baby or [recuperating from delivery] in the postpartum period, unless there are compelling reasons to believe that the offender presents:
(a) A serious and immediate threat of harm to herself, staff or others; or
(b) A substantial flight risk and cannot be reasonably confined by other means.
2. If an offender who is in labor, delivering her baby or [recuperating from delivery] in the postpartum period is restrained, only the least restrictive restraints which are necessary to ensure safety and security [.] may be used.
3. A correctional staff member who orders the use of restraints on an offender who is pregnant or in the postpartum period shall submit a written report to the warden of the institution or manager of the facility. The report must:
(a) Describe the reasons for the use of the restraints on the offender; and
(b) Be submitted to the warden or manager within 5 hours after the use of the restraints.
4. As used in this section:
(a) Postpartum period means the period of time an offender is recuperating from delivering a baby, as determined by the physician of the offender, immediately following delivery and directly related to the birth, including the period an offender is in a hospital or infirmary after birth.
(b) Restraints means any physical restraint or mechanical device used to control the movement of the limbs of a person, including, without limitation, flex cuffs, soft restraints, hard metal handcuffs, a black box, Chubb cuffs, leg irons, belly chains, a security tether chain or a convex shield.
Secs. 10-23. (Deleted by amendment.)
κ2023 Statutes of Nevada, Page 2923 (CHAPTER 473, AB 292)κ
Sec. 24. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 23, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations or policies 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.
________
Assembly Bill No. 290Assemblymen Brown-May; Carter, DSilva, Gonzαlez, Hafen, Koenig, Nguyen and Torres
Joint Sponsor: Senator Goicoechea
CHAPTER 474
[Approved: June 15, 2023]
AN ACT relating to motor vehicles; authorizing, under certain circumstances, a dealer and purchaser to enter into a written return agreement to cancel a vehicle sale; revising provisions relating to the registration of certain vehicles when the certificate of title is lost, unlawfully detained or otherwise not available; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law provides that whenever application is made to the Department of Motor Vehicles for registration of a motor vehicle of which the ownership has been transferred, the person transferring the vehicle is authorized to designate the person receiving the vehicle to provide the information required by the Department relating to odometer disclosures if the: (1) certificate of title is lost, unlawfully detained by one in possession or otherwise not available; and (2) model year is 9 years old or newer. (NRS 482.415) Section 4 of this bill provides instead that this process applies to the registration of a motor vehicle of which the model year is 2011 or newer and the vehicle is less than 20 years old.
Section 1 of this bill authorizes a dealer licensed in this State and the purchaser of a vehicle to enter into a written return agreement to cancel the sale. Upon entering into such a written agreement, the sale is cancelled. The dealer is required, within 15 days, to return to the purchaser or secured party, as applicable, all money, taxes and fees that were collected by the dealer at the time of the sale. Section 1 provides that if such a written agreement is entered into, the dealer may submit an application to the Department of Motor Vehicles for a certificate of title. Section 1 further requires the Department of Motor Vehicles to issue a certificate of title after receiving such an application. Finally, section 1: (1) prohibits, under certain circumstances, a dealer from selling in this State the vehicle that is the subject of such a cancellation of sale until the dealer receives the certificate of title from the Department of Motor Vehicles; (2) requires a dealer to retain the written return agreement to cancel a vehicle sale with the sales records for the transaction; and (3) provides that the cancellation of a sale pursuant to section 1 does not negate the fact that the vehicle has been the subject of a previous retail sale.
κ2023 Statutes of Nevada, Page 2924 (CHAPTER 474, AB 290)κ
Section 2 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes.
Section 3 of this bill creates an exception to the general requirement that an existing certificate of title be endorsed by the transferor and transferee when an ownership interest in the vehicle is transferred. (NRS 482.400)
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. Notwithstanding any other provision of law, a dealer licensed in this State and the purchaser of a vehicle may enter into a written return agreement to cancel the sale of the vehicle. Upon entering into such an agreement, the sale is cancelled and the dealer shall, not later than 15 days after the sale is cancelled, return to the purchaser or secured party, as applicable, all of the money, taxes and fees that were collected by the dealer at the time of sale.
2. If a dealer and purchaser enter into a written return agreement to cancel the sale of a vehicle pursuant to subsection 1, the dealer may submit an application for a certificate of title to the Department of Motor Vehicles. Any such application for a certificate of title must be in the form prescribed by the Department of Motor Vehicles, may request the expedited processing of the application and must include, without limitation:
(a) A copy of the written return agreement described in subsection 1;
(b) The fees required for the issuance of a certificate of title pursuant to NRS 482.429;
(c) If the Department has already issued a certificate of title for the vehicle in relation to the sale:
(1) The certificate of title that the Department issued to the purchaser; or
(2) An affidavit certifying that the certificate of title issued to the purchaser by the Department is unavailable and needs to be cancelled by the Department; and
(d) If the Department of Motor Vehicles has not issued a certificate of title for the vehicle in relation to the sale, the certificate of title upon which the title transfer to the purchaser was made.
3. Except as otherwise provided in subsection 8, the Department of Motor Vehicles shall issue the certificate of title to the dealer that sets forth:
(a) The dealer as the owner of the vehicle; and
(b) An odometer reading, as recorded at the time of the sale.
4. Except as otherwise provided in subsection 8, if an application for a certificate of title submitted pursuant to subsection 2 does not request the expedited processing of the application, the Department of Motor Vehicles shall at its standard processing time, issue the certificate of title to the dealer that sets forth:
(a) The dealer as the owner of the vehicle; and
(b) An odometer reading, as recorded at the time of the sale.
5. A dealer shall not sell in this State a vehicle that is the subject of a cancellation of sale pursuant to this section if the dealer has submitted an application for a certificate of title pursuant to subsection 2 until the dealer receives the certificate of title from the Department of Motor Vehicles.
κ2023 Statutes of Nevada, Page 2925 (CHAPTER 474, AB 290)κ
application for a certificate of title pursuant to subsection 2 until the dealer receives the certificate of title from the Department of Motor Vehicles.
6. A dealer must retain a written return agreement to cancel the sale of a vehicle entered into pursuant to subsection 1 with the sales records related to the sale between the dealer and purchaser.
7. The cancellation of the sale of a vehicle pursuant to a written return agreement entered into pursuant to subsection 1 does not negate the fact that the vehicle has been the subject of a previous retail sale.
8. Nothing in this section shall be construed to prohibit the Department of Motor Vehicles from reviewing an application for a certificate of title submitted pursuant to subsection 2 for the accuracy and completeness of any information contained therein, or conduct any necessary investigations before issuing a certificate of title.
Sec. 2. NRS 482.245 is hereby amended to read as follows:
482.245 1. The certificate of registration must contain upon the face thereof the date issued, the registration number assigned to the vehicle, the name and address of the registered owner, the county where the vehicle is to be based unless it is deemed to have no base, a description of the registered vehicle and such other statement of facts as may be determined by the Department.
2. The certificate of title must contain upon the face thereof the date issued, the name and address of the registered owner and the owner or lienholder, if any, a description of the vehicle, any entries required by NRS 482.423 to 482.428, inclusive, and section 1 of this act, a reading of the vehicles odometer as provided to the Department by the person making the sale or transfer, the word rebuilt if it is a rebuilt vehicle, the information required pursuant to subsection 4 of NRS 482.247 if the certificate of title is a certificate of title in beneficiary form pursuant to NRS 482.247 and such other statement of facts as may be determined by the Department. The reverse side of the certificate of title must contain forms for notice to the Department of a transfer of the title or interest of the owner or lienholder and application for registration by the transferee. If a new certificate of title is issued for a vehicle, it must contain the same information as the replaced certificate, except to the extent that the information has changed after the issuance of the replaced certificate. Except as otherwise required by federal law, the certificate of title of a vehicle which the Department knows to have been stolen must not contain any statement or other indication that the mileage specified in the certificate or registered on the odometer is anything other than the actual mileage traveled by the vehicle, in the absence of proof that the odometer of the vehicle has been disconnected, reset or altered.
Sec. 3. NRS 482.400 is hereby amended to read as follows:
482.400 1. Except as otherwise provided in this subsection and subsections 3, 6 and 7, and NRS 482.247, and section 1 of this act, upon a transfer of the title to, or the interest of an owner in, a vehicle registered or issued a certificate of title under the provisions of this chapter, the person or persons whose title or interest is to be transferred and the transferee shall write their signatures with pen and ink upon the certificate of title issued for the vehicle, together with the residence address of the transferee, in the appropriate spaces provided upon the reverse side of the certificate. The Department may, by regulation, prescribe alternative methods by which a signature may be affixed upon a manufacturers certificate of origin or a manufacturers statement of origin issued for a vehicle.
κ2023 Statutes of Nevada, Page 2926 (CHAPTER 474, AB 290)κ
manufacturers statement of origin issued for a vehicle. The alternative methods must ensure the authenticity of the signatures.
2. Within 5 days after the transfer of the title to, or the interest of an owner in, a vehicle registered or issued a certificate of title under the provisions of this chapter, the person or persons whose title or interest is to be transferred may submit electronically to the Department a notice of the transfer. The Department may provide, by request and at the discretion of the Department, information submitted to the Department pursuant to this section to a tow car operator or other interested party. The Department shall adopt regulations establishing:
(a) Procedures for electronic submissions pursuant to this section; and
(b) Standards for determining who may receive information from the Department pursuant to this section.
3. The Department shall provide a form for use by a dealer for the transfer of ownership of a vehicle. The form must be produced in a manner which ensures that the form may not be easily counterfeited. Upon the attachment of the form to a certificate of title issued for a vehicle, the form becomes a part of that certificate of title. The Department may charge a fee not to exceed the cost to provide the form.
4. Except as otherwise provided in subsections 5, 6 and 7, the transferee shall immediately apply for registration as provided in NRS 482.215 and shall pay the governmental services taxes due.
5. If the transferee is a dealer who intends to resell the vehicle, the transferee is not required to register, pay a transfer or registration fee for, or pay a governmental services tax on the vehicle. When the vehicle is resold, the purchaser shall apply for registration as provided in NRS 482.215 and shall pay the governmental services taxes due.
6. If the transferee consigns the vehicle to a wholesale vehicle auctioneer:
(a) The transferee shall, within 30 days after that consignment, provide the wholesale vehicle auctioneer with the certificate of title for the vehicle, executed as required by subsection 1, and any other documents necessary to obtain another certificate of title for the vehicle.
(b) The wholesale vehicle auctioneer shall be deemed a transferee of the vehicle for the purposes of subsection 5. The wholesale vehicle auctioneer is not required to comply with subsection 1 if the wholesale vehicle auctioneer:
(1) Does not take an ownership interest in the vehicle;
(2) Auctions the vehicle to a vehicle dealer or automobile wrecker who is licensed as such in this or any other state; and
(3) Stamps his or her name, his or her identification number as a vehicle dealer and the date of the auction on the certificate of title and the bill of sale and any other documents of transfer for the vehicle.
7. A charitable organization which intends to sell a vehicle which has been donated to the organization must deliver immediately to the Department or its agent the certificate of registration and the license plate or plates for the vehicle, if the license plate or plates have not been removed from the vehicle. The charitable organization must not be required to register, pay a transfer or registration fee for, or pay a governmental services tax on the vehicle. When the vehicle is sold by the charitable organization, the purchaser shall apply for registration as provided in NRS 482.215 and pay the governmental services taxes due.
κ2023 Statutes of Nevada, Page 2927 (CHAPTER 474, AB 290)κ
8. As used in this section, wholesale vehicle auctioneer means a dealer who:
(a) Is engaged in the business of auctioning consigned motor vehicles to vehicle dealers or automobile wreckers, or both, who are licensed as such in this or any other state; and
(b) Does not in the ordinary course of business buy, sell or own the vehicles he or she auctions.
Sec. 4. NRS 482.415 is hereby amended to read as follows:
482.415 1. Whenever application is made to the Department for registration of a vehicle previously registered pursuant to this chapter and the applicant is unable to present the certificate of registration or certificate of title previously issued for the vehicle because the certificate of registration or certificate of title is lost, unlawfully detained by one in possession or otherwise not available, the Department may receive the application, investigate the circumstances of the case and require the filing of affidavits or other information. When the Department is satisfied that the applicant is entitled to a new certificate of registration and certificate of title, it may register the applicants vehicle and issue new certificates and a new license plate or plates to the person or persons entitled thereto. An applicant who is unable to satisfy the Department that the applicant is entitled to a new certificate of title pursuant to this subsection may obtain a new certificate of title pursuant to the provisions of NRS 482.2605.
2. Whenever application is made to the Department for the registration of a motor vehicle of which the:
(a) Ownership has been transferred;
(b) Certificate of title is lost, unlawfully detained by one in possession or otherwise not available; and
(c) Model year is [9 years old] 2011 or newer [,] and the motor vehicle is less than 20 years old,
Κ the transferor of the motor vehicle may, to furnish any information required by the Department to carry out the provisions of NRS 484D.330, designate the transferee of the motor vehicle as attorney-in-fact on a form for a power of attorney provided by the Department.
3. The Department shall provide the form described in subsection 2. The form must be:
(a) Produced in a manner that ensures that the form may not be easily counterfeited; and
(b) Substantially similar to the form set forth in Appendix E of Part 580 of Title 49 of the Code of Federal Regulations.
4. The Department may charge a fee not to exceed 50 cents for each form it provides.
________
κ2023 Statutes of Nevada, Page 2928κ
Assembly Bill No. 283Assemblymen Summers-Armstrong, Marzola, Peters; Bilbray-Axelrod, Carter, Gonzαlez, Brittney Miller, C.H. Miller, Nguyen and Watts
CHAPTER 475
[Approved: June 15, 2023]
AN ACT relating to health care; authorizing the Department of Health and Human Services to establish an incentive payment under the Medicaid program for doula services provided in rural areas; requiring the Department to seek an increase to certain reimbursement rates under the Medicaid program for doula services; making an appropriation and authorizing certain expenditures; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Department of Health and Human Services to administer the Medicaid program. (NRS 422.270) Existing law requires the Director of the Department, to the extent authorized by federal law, to include under Medicaid coverage for certain doula services. (NRS 422.27717) Section 1 of this bill authorizes the Department to establish an incentive payment for enrolled doulas who provide doula services to recipients of Medicaid in rural areas of this State. Section 1 also makes changes to reflect that federal law requires services provided under a federal waiver to be included in a waiver document that is separate from the State Plan for Medicaid. Section 1.5 of this bill requires the Department to submit to the United States Secretary of Health and Human Services on or before October 1, 2023, a request to amend the State Plan for Medicaid to increase the rate of reimbursement which is provided on a fee-for-service basis pursuant to the State Plan for certain services provided by a doula to an amount that is intended to cover the cost of the services. Section 1.3 of this bill makes an appropriation to the Division of Health Care Financing and Policy of the Department and authorizes certain related expenditures for increases in reimbursement rates and actuarial expenses associated with carrying out the provisions of this bill.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 422.27177 is hereby amended to read as follows:
422.27177 1. The Director shall, to the extent authorized by federal law, include [in the State Plan for] under Medicaid [a requirement that the State pay the nonfederal share of expenditures incurred] coverage for doula services provided by an enrolled doula.
2. The Department shall apply to the Secretary of Health and Human Services for a waiver granted pursuant to 42 U.S.C. § 1315 or apply for an amendment of the State Plan for Medicaid that authorizes the Department to receive federal funding to [include in the State Plan for Medicaid] provide coverage of doula services provided by an enrolled doula. The Department shall fully cooperate in good faith with the Federal Government during the application process to satisfy the requirements of the Federal Government for obtaining a waiver or amendment pursuant to this section.
κ2023 Statutes of Nevada, Page 2929 (CHAPTER 475, AB 283)κ
3. A person who wishes to receive reimbursement through the Medicaid program for doula services provided to a recipient of Medicaid must submit to the Division:
(a) An application for enrollment in the form prescribed by the Division; and
(b) Proof that he or she possesses the required training and qualifications prescribed by the Division pursuant to subsection 4.
4. The Division, in consultation with community-based organizations that provide services to pregnant women in this State, shall prescribe the required training and qualifications for enrollment pursuant to subsection 3 to receive reimbursement through Medicaid for doula services.
5. The Department may establish a program to provide incentive payments for enrolled doulas who provide doula services to recipients of Medicaid in rural areas of this State.
6. As used in this section:
(a) Doula services means services to provide education and support relating to childbirth, including, without limitation, emotional and physical support provided during pregnancy, labor, birth and the postpartum period.
(b) Enrolled doula means a doula who is enrolled with the Division pursuant to this section to receive reimbursement through Medicaid for doula services.
Sec. 1.3. 1. There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services for increases in reimbursement rates under the Medicaid program for services provided by doulas and actuarial expenses associated with implementing the provisions of this act the following sums:
For the Fiscal Year 2023-2024.................................................... $165,891
For the Fiscal Year 2024-2025.................................................... $205,515
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.
3. Expenditure of $300,726 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2023-2024 by the Division of Health Care Financing and Policy of the Department of Health and Human Services for the same purposes as set forth in subsection 1.
4. Expenditure of $378,409 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2024-2025 by the Division of Health Care Financing and Policy of the Department of Health and Human Services for the same purposes as set forth in subsection 1.
Sec. 1.5. 1. On or before October 1, 2023, the Department of Health and Human Services shall submit to the United States Secretary of Health and Human Services a request to amend the State Plan for Medicaid to increase the rate of reimbursement which is provided on a fee-for-service basis pursuant to the State Plan for services provided by a doula to an amount that is intended to cover the cost of the services.
κ2023 Statutes of Nevada, Page 2930 (CHAPTER 475, AB 283)κ
increase the rate of reimbursement which is provided on a fee-for-service basis pursuant to the State Plan for services provided by a doula to an amount that is intended to cover the cost of the services.
2. The request submitted pursuant to subsection 1 must be supported using methods for determining reimbursement rates accepted by the Secretary.
Sec. 2. 1. This section and sections 1 and 1.5 of this act become effective upon passage and approval.
2. Section 1.3 of this act becomes effective on July 1, 2023.
________
Assembly Bill No. 277Assemblymen Koenig, Yurek, Gray, Gurr; DeLong, Dickman, DSilva, Gonzαlez, Gorelow, Hafen, Hansen, Hardy, Hibbetts, Nguyen, Orentlicher, Peters, Taylor, Thomas and Torres
CHAPTER 476
[Approved: June 15, 2023]
AN ACT relating to health care; establishing a rural emergency hospital as a type of medical facility licensed in this State; authorizing a rural emergency hospital that meets certain requirements to receive an endorsement as a crisis stabilization center; requiring the Department of Health and Human Services to take certain measures to increase reimbursement under Medicaid for certain services provided by rural emergency hospitals; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing federal law establishes the Medicare program, which is a public health insurance program for persons 65 years of age and older and specified persons with disabilities who are under 65 years of age. (42 U.S.C. §§ 1395 et seq.) Existing federal law establishes a rural emergency hospital as a Medicare provider type and defines the term rural emergency hospital to mean, in general, a facility: (1) in a rural area with less than 50 beds; (2) with an emergency department that is staffed 24 hours per day, 7 days per week; (3) that generally does not provide acute care inpatient services; and (4) has a transfer agreement with a level I or level II trauma center. (42 U.S.C. § 1395x(kkk)) Section 1 of this bill defines the term rural emergency hospital to be consistent with federal law. Section 2 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes.
Section 3 of this bill establishes a rural emergency hospital as a unique type of medical facility licensed and regulated by the State Board of Health and the Division of Public and Behavioral Health of the Department of Health and Human Services. Section 4 of this bill requires the Board to adopt regulations for the licensure of rural emergency hospitals, which take into consideration the unique problems of operating such a facility in a rural area.
Existing law authorizes the Division to issue an endorsement as a crisis stabilization center to certain medical facilities that provide behavioral health services designed to de-escalate or stabilize a behavioral crisis. (NRS 449.0915) Section 5 of this bill authorizes the Division to issue such an endorsement to a rural emergency hospital if the rural emergency hospital meets certain requirements.
κ2023 Statutes of Nevada, Page 2931 (CHAPTER 476, AB 277)κ
Existing law requires the Director of the Department to develop and adopt a State Plan for Medicaid which includes, without limitation, a list of specific medical services required to be provided to Medicaid recipients. (NRS 422.063, 422.270-422.27495) Existing law authorizes the Director, under certain circumstances, to seek a waiver of certain provisions of federal law governing Medicaid to enable the State to receive federal funding for certain Medicaid coverage. (NRS 422.270-422.27495) Section 7 of this bill authorizes the Department to apply to the United States Secretary of Health and Human Services for such a waiver or an amendment to the State Plan for Medicaid that authorizes the Department to receive federal funding to increase rates of reimbursement under the State Plan for rural emergency hospital services provided by a rural emergency hospital. Section 6 of this bill makes a conforming change to indicate that the provisions of section 7 will be administered in the same manner as the provisions of existing law governing the State Plan.
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 449 of NRS is hereby amended by adding thereto a new section to read as follows:
Rural emergency hospital means a hospital that is a rural emergency hospital, as defined in 42 U.S.C. § 1395x(kkk).
Sec. 2. NRS 449.001 is hereby amended to read as follows:
449.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 449.0015 to 449.0195, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.
Sec. 3. NRS 449.0151 is hereby amended to read as follows:
449.0151 Medical facility includes:
1. A surgical center for ambulatory patients;
2. A freestanding birthing center;
3. An independent center for emergency medical care;
4. An agency to provide nursing in the home;
5. A facility for intermediate care;
6. A facility for skilled nursing;
7. A facility for hospice care;
8. A hospital;
9. A psychiatric hospital;
10. A facility for the treatment of irreversible renal disease;
11. A rural clinic;
12. A nursing pool;
13. A facility for modified medical detoxification;
14. A facility for refractive surgery;
15. A mobile unit; [and]
16. A community triage center [.] ; and
17. A rural emergency hospital.
Sec. 4. NRS 449.0302 is hereby amended to read as follows:
449.0302 1. The Board shall adopt:
(a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.029 to 449.2428, inclusive, and for programs of hospice care.
(b) Regulations governing the licensing of such facilities and programs.
(c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his or her home without being considered a residential facility for groups pursuant to NRS 449.017.
κ2023 Statutes of Nevada, Page 2932 (CHAPTER 476, AB 277)κ
his or her home without being considered a residential facility for groups pursuant to NRS 449.017. The regulations must require that such grants are effective only if made in writing.
(d) Regulations establishing a procedure for the indemnification by the Division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive surgery pursuant to NRS 449.068 or 449.069, of a patient of the facility who has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.
(e) Regulations that prescribe the specific types of discrimination prohibited by NRS 449.101.
(f) Regulations requiring a hospital or independent center for emergency medical care to provide training to each employee who provides care to victims of sexual assault or attempted sexual assault concerning appropriate care for such persons, including, without limitation, training concerning the requirements of NRS 449.1885.
(g) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.029 to 449.2428, inclusive.
2. The Board shall adopt separate regulations governing the licensing and operation of:
(a) Facilities for the care of adults during the day; and
(b) Residential facilities for groups,
Κ which provide care to persons with Alzheimers disease or other severe dementia, as described in paragraph (a) of subsection 2 of NRS 449.1845.
3. The Board shall adopt separate regulations for:
(a) The licensure of rural hospitals and rural emergency hospitals which take into consideration the unique problems of operating such a facility in a rural area.
(b) The licensure of facilities for refractive surgery which take into consideration the unique factors of operating such a facility.
(c) The licensure of mobile units which take into consideration the unique factors of operating a facility that is not in a fixed location.
4. The Board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.
5. In addition to the training requirements prescribed pursuant to NRS 449.093, the Board shall establish minimum qualifications for administrators and employees of residential facilities for groups. In establishing the qualifications, the Board shall consider the related standards set by nationally recognized organizations which accredit such facilities.
6. The Board shall adopt separate regulations regarding the assistance which may be given pursuant to NRS 453.375 and 454.213 to an ultimate user of controlled substances or dangerous drugs by employees of residential facilities for groups. The regulations must require at least the following conditions before such assistance may be given:
(a) The ultimate users physical and mental condition is stable and is following a predictable course.
(b) The amount of the medication prescribed is at a maintenance level and does not require a daily assessment.
(c) A written plan of care by a physician or registered nurse has been established that:
κ2023 Statutes of Nevada, Page 2933 (CHAPTER 476, AB 277)κ
(1) Addresses possession and assistance in the administration of the medication; and
(2) Includes a plan, which has been prepared under the supervision of a registered nurse or licensed pharmacist, for emergency intervention if an adverse condition results.
(d) Except as otherwise authorized by the regulations adopted pursuant to NRS 449.0304, the prescribed medication is not administered by injection or intravenously.
(e) The employee has successfully completed training and examination approved by the Division regarding the authorized manner of assistance.
7. The Board shall adopt separate regulations governing the licensing and operation of residential facilities for groups which provide assisted living services. The Board shall not allow the licensing of a facility as a residential facility for groups which provides assisted living services and a residential facility for groups shall not claim that it provides assisted living services unless:
(a) Before authorizing a person to move into the facility, the facility makes a full written disclosure to the person regarding what services of personalized care will be available to the person and the amount that will be charged for those services throughout the residents stay at the facility.
(b) The residents of the facility reside in their own living units which:
(1) Except as otherwise provided in subsection 8, contain toilet facilities;
(2) Contain a sleeping area or bedroom; and
(3) Are shared with another occupant only upon consent of both occupants.
(c) The facility provides personalized care to the residents of the facility and the general approach to operating the facility incorporates these core principles:
(1) The facility is designed to create a residential environment that actively supports and promotes each residents quality of life and right to privacy;
(2) The facility is committed to offering high-quality supportive services that are developed by the facility in collaboration with the resident to meet the residents individual needs;
(3) The facility provides a variety of creative and innovative services that emphasize the particular needs of each individual resident and the residents personal choice of lifestyle;
(4) The operation of the facility and its interaction with its residents supports, to the maximum extent possible, each residents need for autonomy and the right to make decisions regarding his or her own life;
(5) The operation of the facility is designed to foster a social climate that allows the resident to develop and maintain personal relationships with fellow residents and with persons in the general community;
(6) The facility is designed to minimize and is operated in a manner which minimizes the need for its residents to move out of the facility as their respective physical and mental conditions change over time; and
(7) The facility is operated in such a manner as to foster a culture that provides a high-quality environment for the residents, their families, the staff, any volunteers and the community at large.
κ2023 Statutes of Nevada, Page 2934 (CHAPTER 476, AB 277)κ
8. The Division may grant an exception from the requirement of subparagraph (1) of paragraph (b) of subsection 7 to a facility which is licensed as a residential facility for groups on or before July 1, 2005, and which is authorized to have 10 or fewer beds and was originally constructed as a single-family dwelling if the Division finds that:
(a) Strict application of that requirement would result in economic hardship to the facility requesting the exception; and
(b) The exception, if granted, would not:
(1) Cause substantial detriment to the health or welfare of any resident of the facility;
(2) Result in more than two residents sharing a toilet facility; or
(3) Otherwise impair substantially the purpose of that requirement.
9. The Board shall, if it determines necessary, adopt regulations and requirements to ensure that each residential facility for groups and its staff are prepared to respond to an emergency, including, without limitation:
(a) The adoption of plans to respond to a natural disaster and other types of emergency situations, including, without limitation, an emergency involving fire;
(b) The adoption of plans to provide for the evacuation of a residential facility for groups in an emergency, including, without limitation, plans to ensure that nonambulatory patients may be evacuated;
(c) Educating the residents of residential facilities for groups concerning the plans adopted pursuant to paragraphs (a) and (b); and
(d) Posting the plans or a summary of the plans adopted pursuant to paragraphs (a) and (b) in a conspicuous place in each residential facility for groups.
10. The regulations governing the licensing and operation of facilities for transitional living for released offenders must provide for the licensure of at least three different types of facilities, including, without limitation:
(a) Facilities that only provide a housing and living environment;
(b) Facilities that provide or arrange for the provision of supportive services for residents of the facility to assist the residents with reintegration into the community, in addition to providing a housing and living environment; and
(c) Facilities that provide or arrange for the provision of programs for alcohol and other substance use disorders, in addition to providing a housing and living environment and providing or arranging for the provision of other supportive services.
Κ The regulations must provide that if a facility was originally constructed as a single-family dwelling, the facility must not be authorized for more than eight beds.
11. The Board shall adopt regulations applicable to providers of community-based living arrangement services which:
(a) Except as otherwise provided in paragraph (b), require a natural person responsible for the operation of a provider of community-based living arrangement services and each employee of a provider of community-based living arrangement services who supervises or provides support to recipients of community-based living arrangement services to complete training concerning the provision of community-based living arrangement services to persons with mental illness and continuing education concerning the particular population served by the provider;
κ2023 Statutes of Nevada, Page 2935 (CHAPTER 476, AB 277)κ
(b) Exempt a person licensed or certified pursuant to title 54 of NRS from the requirements prescribed pursuant to paragraph (a) if the Board determines that the person is required to receive training and continuing education substantially equivalent to that prescribed pursuant to that paragraph;
(c) Require a natural person responsible for the operation of a provider of community-based living arrangement services to receive training concerning the provisions of title 53 of NRS applicable to the provision of community-based living arrangement services; and
(d) Require an applicant for a license to provide community-based living arrangement services to post a surety bond in an amount equal to the operating expenses of the applicant for 2 months, place that amount in escrow or take another action prescribed by the Division to ensure that, if the applicant becomes insolvent, recipients of community-based living arrangement services from the applicant may continue to receive community-based living arrangement services for 2 months at the expense of the applicant.
12. The Board shall adopt separate regulations governing the licensing and operation of freestanding birthing centers. Such regulations must:
(a) Align with the standards established by the American Association of Birth Centers, or its successor organization, the accrediting body of the Commission for the Accreditation of Birth Centers, or its successor organization, or another nationally recognized organization for accrediting freestanding birthing centers; and
(b) Allow the provision of supervised training to providers of health care, as appropriate, at a freestanding birthing center.
13. As used in this section, living unit means an individual private accommodation designated for a resident within the facility.
Sec. 5. NRS 449.0915 is hereby amended to read as follows:
449.0915 1. The Division may issue an endorsement as a crisis stabilization center to the holder of a license to operate a hospital that meets the requirements of this section.
2. A hospital that wishes to obtain an endorsement as a crisis stabilization center must submit an application in the form prescribed by the Division which must include, without limitation, proof that the applicant meets the requirements of subsection 3.
3. An endorsement as a crisis stabilization center may only be issued if the hospital to which the endorsement will apply:
(a) Operates in accordance with established administrative protocols, evidence-based protocols for providing treatment and evidence-based standards for documenting information concerning services rendered and recipients of such services in accordance with best practices for providing crisis stabilization services;
(b) Delivers crisis stabilization services:
(1) To patients in an area devoted to crisis stabilization or detoxification before releasing the patient into the community, referring the patient to another facility or transferring the patient to a bed within the hospital for short-term treatment, if the hospital has such beds;
(2) In accordance with best practices for the delivery of crisis stabilization services; and
κ2023 Statutes of Nevada, Page 2936 (CHAPTER 476, AB 277)κ
(3) In a manner that promotes concepts that are integral to recovery for persons with behavioral health issues, including, without limitation, hope, personal empowerment, respect, social connections, self-responsibility and self-determination;
(c) Employs peer recovery support specialists, as defined in NRS 433.627, to provide peer recovery support services, as defined in NRS 433.626, when appropriate;
(d) Uses a data management tool to collect and maintain data relating to admissions, discharges, diagnoses and long-term outcomes for recipients of crisis stabilization services;
(e) Accepts all patients, without regard to:
(1) The race, ethnicity, gender, socioeconomic status, sexual orientation or place of residence of the patient;
(2) Any social conditions that affect the patient;
(3) The ability of the patient to pay; or
(4) Whether the patient is admitted voluntarily to the hospital pursuant to NRS 433A.140 or admitted to the hospital under an emergency admission pursuant to NRS 433A.162;
(f) Performs an initial assessment on any patient who presents at the hospital, regardless of the severity of the behavioral health issues that the patient is experiencing;
(g) Has the equipment and personnel necessary to conduct a medical examination of a patient pursuant to NRS 433A.165; and
(h) Considers whether each patient would be better served by another facility and transfer a patient to another facility when appropriate.
4. Crisis stabilization services that may be provided pursuant to paragraph (b) of subsection 3 may include, without limitation:
(a) Case management services, including, without limitation, such services to assist patients to obtain housing, food, primary health care and other basic needs;
(b) Services to intervene effectively when a behavioral health crisis occurs and address underlying issues that lead to repeated behavioral health crises;
(c) Treatment specific to the diagnosis of a patient; and
(d) Coordination of aftercare for patients, including, without limitation, at least one follow-up contact with a patient not later than 72 hours after the patient is discharged.
5. An endorsement as a crisis stabilization center must be renewed at the same time as the license to which the endorsement applies. An application to renew an endorsement as a crisis stabilization center must include, without limitation:
(a) The information described in subsection 3; and
(b) Proof that the hospital is a rural hospital or rural emergency hospital or is accredited by the Commission on Accreditation of Rehabilitation Facilities, the Center for Improvement in Healthcare Quality, DNV GL Healthcare, the Accreditation Commission for Health Care or the Joint Commission, or their successor organizations.
6. As used in this section, crisis stabilization services means behavioral health services designed to:
κ2023 Statutes of Nevada, Page 2937 (CHAPTER 476, AB 277)κ
(a) De-escalate or stabilize a behavioral crisis, including, without limitation, a behavioral health crisis experienced by a person with a co-occurring substance use disorder; and
(b) When appropriate, avoid admission of a patient to another inpatient mental health facility or hospital and connect the patient with providers of ongoing care as appropriate for the unique needs of the patient.
Sec. 6. NRS 232.320 is hereby amended to read as follows:
232.320 1. The Director:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
(1) The Administrator of the Aging and Disability Services Division;
(2) The Administrator of the Division of Welfare and Supportive Services;
(3) The Administrator of the Division of Child and Family Services;
(4) The Administrator of the Division of Health Care Financing and Policy; and
(5) The Administrator of the Division of Public and Behavioral Health.
(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 7 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning
κ2023 Statutes of Nevada, Page 2938 (CHAPTER 476, AB 277)κ
demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. Notwithstanding any other provision of law, the Director, or the Directors designee, is responsible for appointing and removing subordinate officers and employees of the Department.
Sec. 7. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Department may apply to the Secretary of Health and Human Services for a waiver of federal law or amendment to the State Plan for Medicaid that authorizes the Department to receive federal funding to provide increased rates of reimbursement under the State Plan for rural emergency hospital services provided by a rural emergency hospital. The Department shall fully cooperate in good faith with the Federal Government during the application process to satisfy the requirements of the Federal Government for obtaining a waiver or amendment pursuant to this section.
2. As used in this section:
(a) Rural emergency hospital has the meaning ascribed to it in section 1 of this act.
(b) Rural emergency hospital services has the meaning ascribed to it in 42 U.S.C. § 1395x(kkk).
Sec. 8. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 7, 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 2939κ
Assembly Bill No. 266Assemblymen Torres, Duran, Gonzαlez; DSilva, Brittney Miller and Nguyen
Joint Sponsors: Senators Flores, Donate; and Nguyen
CHAPTER 477
[Approved: June 15, 2023]
AN ACT relating to governmental administration; requiring the governing body of certain counties and cities to ensure that public notices are issued in certain languages; requiring each such county and city to develop a language access plan; requiring the Office for New Americans created in the Office of the Governor to employ a person to perform certain duties related to language access; requiring the Director of the Office for New Americans to submit a biannual report to the Legislature relating to language access plans of state agencies and local governments; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the head of each agency of the Executive Department of the State Government to designate one or more employees of the agency to be responsible for developing and biennially revising a language access plan for the agency that meets certain requirements. (NRS 232.0081) Similarly, sections 3 and 6 of this bill, respectively, require each board of county commissioners and governing body of a city to: (1) designate one or more employees of the county or city, as applicable, to be responsible for developing and biennially revising a language access plan for the county or city, as applicable, that meets certain requirements; and (2) on or before August 1 of each even-numbered year, submit the language access plan to the Office for New Americans created in the Office of the Governor.
Section 4 of this bill requires the Director of the Office for New Americans to, on or before September 30 of each even-numbered year, submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature, or if the Legislature is not in session, the Legislative Commission, setting forth any recommendations for legislation relating to language access plans of state agencies or local governments. Section 4 further requires the Director of the Office to employ a person to serve as the language access coordinator to: (1) coordinate with each governing body required to create a language access plan; (2) provide oversight, central coordination, consultation and technical assistance to any state agency, board of county commissioners and governing body of a city in the implementation of language access plans; (3) provide any state agency, board of county commissioners and governing body of a city with a policy manual containing baseline policies and procedures for compliance with language access requirements; (4) maintain a publicly available roster of language interpreters and translators in positions that regularly have contact with the public and the languages each interpreter or translator speaks; (5) train any state agency, board of county commissioners and governing body of a city to effectively recruit and retain language interpreters and translators and to support the recruitment and retention process; (6) receive and investigate complaints relating to language access against any state agency, board of county commissioners or governing body of a city and work with the Director to resolve such complaints; (7) implement an annual budget and procurement strategy for expenses related to state language access plans; and (8) provide any local government with the demographical information of persons with limited English proficiency who are constituents of the local government.
κ2023 Statutes of Nevada, Page 2940 (CHAPTER 477, AB 266)κ
with the demographical information of persons with limited English proficiency who are constituents of the local government. Section 7.5 of this bill makes an appropriation to the Office for personnel, travel, operating, equipment and information technology expenses associated with implementing the provisions of this bill.
Sections 2 and 7 of this bill require the board of county commissioners in a county whose population is 100,000 or more (currently Clark and Washoe Counties) and the governing body of a city whose population is 25,000 or more located in such a county (currently the Cities of Henderson, Las Vegas, North Las Vegas, Reno and Sparks) to ensure that any public notice which is issued by the planning commission of the county or city, as applicable, sets forth a link to the Internet website of the county or city, as applicable, that includes the public notice in every language in which voting materials are required to be prepared in the county pursuant to federal and state law. Sections 2 and 7 further require such boards of county commissioners and such governing bodies of cities to make a good faith effort to find certified translators to translate such information. Sections 2 and 7 provide that the respective county, county employees, city and city employees are not liable for any such translation.
EXPLANATION Matter in bolded italics is new; matter between brackets
[omitted
material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The board of county commissioners in a county whose population is 100,000 or more shall:
(a) Ensure that any public notice issued by the planning commission of the county:
(1) Sets forth the link to the Internet website of the county and a statement that information regarding the public notice is available in other languages on that Internet website; and
(2) Is available on the Internet website of the county in every language in which voting materials are required to be prepared in the county pursuant to 52 U.S.C. § 10503 and NRS 293.2699.
(b) Make a good faith effort to find certified translators to translate the information required pursuant to this section.
2. The county and employees of the county are not liable for any mistake made in translating the information required pursuant to this section.
3. As used in this section, public notice means any notice or other written matter that the planning commission of the county is required to send by mail to a person or post in a public manner, including, without limitation, by posting on an Internet website.
Sec. 3. 1. Each board of county commissioners shall designate one or more employees of the county to be responsible for developing and biennially revising a language access plan for the county that meets the requirements of subsection 2.
2. A language access plan must assess existing needs of the residents of the county for language services and the degree to which the county has met those needs. The plan must include recommendations to expand language services, if needed, to improve access to the services provided by the county. The plan must:
κ2023 Statutes of Nevada, Page 2941 (CHAPTER 477, AB 266)κ
(a) Outline the compliance of the county and any contractors, grantees, assignees, transferees or successors of the county with existing federal and state laws and regulations and any requirements associated with funding received by the county concerning the availability of language services and accessibility of the services provided by the county or any contractors, grantees, assignees, transferees or successors to residents of the county who are persons with limited English proficiency;
(b) Provide an inventory of language services currently provided by the county, including, without limitation:
(1) Procedures for designating certain information and documents as vital and providing such information and documents to residents served by the county in the preferred language of such persons, in aggregate and disaggregated by language and type of service to which the information and documents relate;
(2) Oral language services offered by language and type;
(3) Procedures and resources used by the county for outreach to persons with limited English proficiency who are residents of the county, including, without limitation, procedures for building relationships with community-based organizations that serve such persons; and
(4) Any resources made available to employees of the county related to cultural competency;
(c) Provide an inventory of the training and resources provided to employees of the county who serve residents who are persons with limited English proficiency, including, without limitation, training and resources regarding:
(1) Obtaining language services internally or from a contractor;
(2) Responding to persons with limited English proficiency over the telephone, in writing or in person;
(3) Recording in the electronic records of the county that a resident served by the county is a person with limited English proficiency, the preferred language of the person and his or her literacy level in English and in his or her preferred language;
(4) Communicating with the board concerning the needs of the residents served by and eligible to receive any services from the county for language services; and
(5) Notifying residents who are persons with limited English proficiency who are eligible for or currently receiving services from the county of the services available from the county in the preferred language of those residents at a literacy level and in a format that is likely to be understood by those residents; and
(d) Identify areas in which the services described in paragraph (b) and the training and resources described in paragraph (c) do not meet the needs of residents who are persons with limited English proficiency in the county, including, without limitation:
(1) Estimates of additional funding required to meet those needs;
(2) Targets for employing persons who are fluent in more than one language;
(3) Additional requirements necessary to ensure:
(I) Adequate credentialing and oversight of translators and interpreters employed by or serving as independent contractors for the county; and
κ2023 Statutes of Nevada, Page 2942 (CHAPTER 477, AB 266)κ
(II) That translators and interpreters used by the county adequately represent the preferred languages spoken by residents of the county; and
(4) Additional requirements, trainings, incentives and recruiting initiatives to employ or contract with interpreters who speak the preferred language of residents who are persons with limited English proficiency who are eligible for or currently receiving services from the county and ways to partner with entities involved in workforce development in imposing those requirements, offering those trainings and incentives and carrying out those recruiting initiatives.
3. If there is insufficient information available to develop or update the language access plan in accordance with the requirements of this section, the employee or employees designated pursuant to subsection 1 shall develop procedures to obtain that information and include the information in any revision to the language access plan.
4. Each board of county commissioners shall:
(a) Solicit public comment concerning the language access plan developed pursuant to this section and each revision thereof; and
(b) Include any funding necessary to carry out a language access plan, including, without limitation, any additional funding necessary to meet the needs of residents who are persons with limited English proficiency served by the county as identified pursuant to paragraph (d) of subsection 2, in the proposed budget for the county.
5. On or before August 1 of each even-numbered year, each board of county commissioners shall submit the language access plan developed and revised pursuant to subsection 1 to the Office for New Americans created in the Office of the Governor pursuant to NRS 223.910.
6. As used in this section:
(a) Language services has the meaning ascribed to it in NRS 232.0081.
(b) Oral language services has the meaning ascribed to it in NRS 232.0081.
(c) Person with limited English proficiency has the meaning ascribed to it in NRS 232.0081.
(d) Translation services has the meaning ascribed to it in NRS 232.0081.
Sec. 4. NRS 223.920 is hereby amended to read as follows:
223.920 The Director of the Office for New Americans created by NRS 223.910 shall ensure that the Office:
1. Serves as the coordinating office for each state agency that is responsible for a program that provides services to immigrants in this State, including, without limitation, a program that:
(a) Relates to professional licensing, registration, permitting or similar types of authorization issued by a regulatory body;
(b) Connects immigrants to entrepreneurial and other business resources and workforce development training and programs; and
(c) Assists immigrants in areas relating to quality of life, including, without limitation, education, housing and health care.
2. Reviews and analyzes the policies and programs of state agencies relating to immigrants and makes recommendations to the Governor on such policies and programs, including, without limitation, the elimination of duplication in existing state programs.
κ2023 Statutes of Nevada, Page 2943 (CHAPTER 477, AB 266)κ
3. Provides information and assistance relating to issues affecting immigrants to state agencies, both directly and by serving as a clearinghouse for information received from state agencies, other departments of the State Government, political subdivisions of this State, any other state or the Federal Government.
4. Engages in state and federal advocacy and makes recommendations concerning law and policy affecting immigrants to advance economic and population growth in this State.
5. Develops sustainable partnerships with community foundations and other nonprofit and private sector entities that serve immigrant communities in this State.
6. Employs a person to serve as the language access coordinator who:
(a) Coordinates with:
[(a)] (1) Each board of county commissioners and each governing body of a city required to develop a language access plan pursuant to section 3 or 6 of this act, as applicable;
(2) Refugee resettlement agencies in this State to identify gaps in programs provided by those agencies; and
[(b)] (3) State agencies to assist in efforts to resettle, integrate and assimilate refugees in this State [.] ;
(b) Provides oversight, central coordination, consultation and technical assistance to any state agency, board of county commissioners and governing body of a city in the implementation of language access plans;
(c) Provides any state agency, board of county commissioners and governing body of a city with a policy manual containing baseline policies and procedures for compliance with language access plans;
(d) Maintains a publicly available roster of language interpreters and translators in positions that regularly have contact with the public and the languages each interpreter or translator speaks;
(e) Trains any state agency, board of county commissioners and governing body of a city to effectively recruit and retain language interpreters and translators and to support the recruitment and retention process;
(f) Receives and investigates complaints relating to language access against any state agency, board of county commissioners or governing body of a city and works with the Director to resolve such complaints;
(g) Implements an annual budget and procurement strategy for expenses related to state language access plans; and
(h) Provides any local government with the demographical information of persons with limited English proficiency who are constituents of the local government.
7. On or before September 30 of each even-numbered year, submits a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature or, if the Legislature is not in session, to the Legislative Commission, that sets forth any recommendations for legislation relating to language access plans of state agencies or local governments.
8. As used in this section, person with limited English proficiency has the meaning ascribed to it in NRS 232.0081.
κ2023 Statutes of Nevada, Page 2944 (CHAPTER 477, AB 266)κ
Sec. 5. Chapter 268 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 and 7 of this act.
Sec. 6. 1. The governing body of a city shall designate one or more employees of the city to be responsible for developing and biennially revising a language access plan for the city that meets the requirements of subsection 2.
2. A language access plan must assess existing needs of the residents of the city for language services and the degree to which the city has met those needs. The plan must include recommendations to expand language services, if needed, to improve access to the services provided by the city. The plan must:
(a) Outline the compliance of the city and any contractors, grantees, assignees, transferees or successors of the city with existing federal and state laws and regulations and any requirements associated with funding received by the city concerning the availability of language services and accessibility of the services provided by the city or any contractors, grantees, assignees, transferees or successors to residents of the city who are persons with limited English proficiency;
(b) Provide an inventory of language services currently provided by the city, including, without limitation:
(1) Procedures for designating certain information and documents as vital and providing such information and documents to residents served by the city in the preferred language of such persons, in aggregate and disaggregated by language and type of service to which the information and documents relate;
(2) Oral language services offered by language and type;
(3) Procedures and resources used by the city for outreach to persons with limited English proficiency who are residents of the city, including, without limitation, procedures for building relationships with community-based organizations that serve such persons; and
(4) Any resources made available to employees of the city related to cultural competency;
(c) Provide an inventory of the training and resources provided to employees of the city who serve residents who are persons with limited English proficiency, including, without limitation, training and resources regarding:
(1) Obtaining language services internally or from a contractor;
(2) Responding to persons with limited English proficiency over the telephone, in writing or in person;
(3) Recording in the electronic records of the city that a resident served by the city is a person with limited English proficiency, the preferred language of the person and his or her literacy level in English and in his or her preferred language;
(4) Communicating with the governing body concerning the needs of the residents served by and eligible to receive any services from the city for language services; and
(5) Notifying residents who are persons with limited English proficiency who are eligible for or currently receiving services from the city of the services available from the city in the preferred language of those residents at a literacy level and in a format that is likely to be understood by those residents; and
κ2023 Statutes of Nevada, Page 2945 (CHAPTER 477, AB 266)κ
(d) Identify areas in which the services described in paragraph (b) and the training and resources described in paragraph (c) do not meet the needs of residents who are persons with limited English proficiency in the city, including, without limitation:
(1) Estimates of additional funding required to meet those needs;
(2) Targets for employing persons who are fluent in more than one language;
(3) Additional requirements necessary to ensure:
(I) Adequate credentialing and oversight of translators and interpreters employed by or serving as independent contractors for the city; and
(II) That translators and interpreters used by the city adequately represent the preferred languages spoken by residents of the city; and
(4) Additional requirements, trainings, incentives and recruiting initiatives to employ or contract with interpreters who speak the preferred language of residents who are persons with limited English proficiency who are eligible for or currently receiving services from the city and ways to partner with entities involved in workforce development in imposing those requirements, offering those trainings and incentives and carrying out those recruiting initiatives.
3. If there is insufficient information available to develop or update the language access plan in accordance with the requirements of this section, the employee or employees designated pursuant to subsection 1 shall develop procedures to obtain that information and include the information in any revision to the language access plan.
4. The governing body of a city shall:
(a) Solicit public comment concerning the language access plan developed pursuant to this section and each revision thereof; and
(b) Include any funding necessary to carry out a language access plan, including, without limitation, any additional funding necessary to meet the needs of residents who are persons with limited English proficiency served by the city as identified pursuant to paragraph (d) of subsection 2, in the proposed budget for the city.
5. On or before August 1 of each even-numbered year, the governing body of a city shall submit the language access plan developed and revised pursuant to subsection 1 to the Office for New Americans created in the Office of the Governor pursuant to NRS 223.910.
6. As used in this section:
(a) Language services has the meaning ascribed to it in NRS 232.0081.
(b) Oral language services has the meaning ascribed to it in NRS 232.0081.
(c) Person with limited English proficiency has the meaning ascribed to it in NRS 232.0081.
(d) Translation services has the meaning ascribed to it in NRS 232.0081.
Sec. 7. 1. The governing body of a city whose population is 25,000 or more located in a county whose population is 100,000 or more shall:
(a) Ensure that any public notice issued by the planning commission of the city:
κ2023 Statutes of Nevada, Page 2946 (CHAPTER 477, AB 266)κ
(1) Sets forth a link to the Internet website of the city and a statement that information regarding the public notice is available in other languages on that Internet website; and
(2) Is available on the Internet website of the city in every language in which voting materials are required to be prepared in the city pursuant to 52 U.S.C. § 10503 and NRS 293.2699.
(b) Make a good faith effort to find certified translators to translate the information required pursuant to this section.
2. The city and employees of the city are not liable for any mistake made in translating the information required pursuant to this section.
3. As used in this section, public notice means any notice or other written matter that the planning commission of the city is required to send by mail to a person or post in a public manner, including, without limitation, by posting on an Internet website.
Sec. 7.5. 1. There is hereby appropriated from the State General Fund to the Office for New Americans in the Office of the Governor for personnel, travel, operating, equipment and information technology expenses associated with implementing the provisions of this act the following sums:
For the Fiscal Year 2023-2024.................................................... $104,560
For the Fiscal Year 2024-2025...................................................... $84,350
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. 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. 9. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 10. 1. This section becomes effective upon passage and approval.
2. Section 7.5 of this act becomes effective on July 1, 2023.
3. Sections 1, 3 to 6, inclusive, 8 and 9 of this act become effective on October 1, 2023.
4. Sections 2 and 7 of this act become effective on January 1, 2024.
________
κ2023 Statutes of Nevada, Page 2947κ
Assembly Bill No. 261Committee on Natural Resources
CHAPTER 478
[Approved: June 15, 2023]
AN ACT relating to governmental administration; requiring the State Plan for Economic Development to include a statement regarding the efficient use of water resources; requiring a plan submitted by certain regional development authorities to include water conservation strategies; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Office of Economic Development within the Office of the Governor and requires the Executive Director of the Office of Economic Development to develop and periodically revise a State Plan for Economic Development. (NRS 231.043, 231.053) Section 1 of this bill requires the Executive Director to include a statement in the State Plan regarding the manner in which this State can maximize the efficient use of the water resources of this State through its economic development programs.
Existing law requires each regional development authority to present a plan to the Executive Director regarding the development and enhancement of certain recruiting and marketing efforts. (NRS 231.054) Section 2 of this bill requires each such plan presented by a regional development authority located in a county whose population is 100,000 or more (currently Clark and Washoe Counties) to also include strategies on conserving the water resources of this State through such recruiting and marketing efforts.
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 231.053 is hereby amended to read as follows:
231.053 After considering any advice and recommendations of the Board, the Executive Director:
1. Shall direct and supervise the administrative and technical activities of the Office.
2. Shall develop and may periodically revise a State Plan for Economic Development, which:
(a) Must include a statement of:
(1) New industries which have the potential to be developed in this State;
(2) The strengths and weaknesses of this State for business incubation;
(3) The competitive advantages and weaknesses of this State;
(4) The manner in which this State can leverage its competitive advantages and address its competitive weaknesses;
(5) The manner in which this State can maximize the efficient use of the water resources of this State through the programs of economic development in this State;
[(5)] (6) A strategy to encourage the creation and expansion of businesses in this State and the relocation of businesses to this State; and
κ2023 Statutes of Nevada, Page 2948 (CHAPTER 478, AB 261)κ
[(6)] (7) Potential partners for the implementation of the strategy, including, without limitation, the Federal Government, local governments, local and regional organizations for economic development, chambers of commerce, and private businesses, investors and nonprofit entities; and
(b) Must not include provisions for the granting of any abatement, partial abatement or exemption from taxes or any other incentive for economic development to a person who will locate or expand a business in this State that is subject to the tax imposed pursuant to NRS 362.130 or the gaming license fees imposed by the provisions of NRS 463.370.
3. Shall develop criteria for the designation of regional development authorities pursuant to subsection 4.
4. Shall designate as many regional development authorities for each region of this State as the Executive Director determines to be appropriate to implement the State Plan for Economic Development. In designating regional development authorities, the Executive Director must consult with local governmental entities affected by the designation. The Executive Director may, if he or she determines that such action would aid in the implementation of the State Plan for Economic Development, remove the designation of any regional development authority previously designated pursuant to this section and declare void any contract between the Office and that regional development authority.
5. Shall establish procedures for entering into contracts with regional development authorities to provide services to aid, promote and encourage the economic development of this State.
6. May apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of NRS 231.020 to 231.139, inclusive, and 231.1555 to 231.1597, inclusive.
7. May adopt such regulations as may be necessary to carry out the provisions of NRS 231.020 to 231.139, inclusive, and 231.1555 to 231.1597, inclusive.
8. In a manner consistent with the laws of this State, may reorganize the programs of economic development in this State to further the State Plan for Economic Development. If, in the opinion of the Executive Director, changes to the laws of this State are necessary to implement the economic development strategy for this State, the Executive Director must recommend the changes to the Governor and the Legislature.
Sec. 2. NRS 231.054 is hereby amended to read as follows:
231.054 1. Each regional development authority shall present a plan to the Executive Director [regarding] that includes the development and enhancement of a recruiting and marketing effort to attract professionals and businesses to the region of this State served by the regional development authority.
2. The plan submitted pursuant to subsection 1 by a regional development authority located in a county whose population is 100,000 or more must also include strategies to encourage the conservation of the water resources of this State through such a recruiting and marketing effort.
3. The Executive Director shall consider any plan presented pursuant to this section in carrying out the provisions of NRS 231.053.
Sec. 3. (Deleted by amendment.)
Sec. 4. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 2949κ
Assembly Bill No. 259Assemblywoman Brown-May
CHAPTER 479
[Approved: June 15, 2023]
AN ACT relating to disabilities; requiring a provider of jobs and day training services to develop a plan to transition persons earning less than the state minimum wage to earning at least the state minimum wage or pursuing other services and assisting such persons to participate in certain activities; requiring a provider of jobs and day training services to submit a report relating to such a plan to the Aging and Disability Services Division of the Department of Health and Human Services; authorizing a recipient of jobs and day training services to have an advocate present at certain meetings; prohibiting any person from paying less than the state minimum wage to a person with an intellectual disability or developmental disability after a certain date; providing for the inclusion under Medicaid of certain services to assist such a person in pursuing competitive integrated employment; requiring the Department to seek a waiver of certain federal requirements governing the compensation of a recipient of prevocational services under Medicaid; making an appropriation and authorizing certain expenditures; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing state and federal law authorize a provider of jobs and day training services to enter into a contract or other arrangement with an employer to provide for the employment of a person with an intellectual disability or person with a developmental disability for less than the state minimum wage if: (1) the person was employed on July 22, 2016, and the employer holds a federal certification authorizing the employer to pay less than the state minimum wage; or (2) before the person began employment, the person received certain employment-related services and applied for federal vocational rehabilitation services. (29 U.S.C. § 794g; NRS 435.305) Existing federal law authorizes an employer to request a special certificate to employ a person impaired by age, physical or mental deficiency or injury at wages less than minimum wage. (29 U.S.C. § 214(c))
Section 8 of this bill prohibits a provider of jobs and day training services from entering into a contract that provides for a recipient of jobs and day training services to receive a wage that is less than the state minimum wage on or after January 1, 2025. Sections 6 and 7 of this bill make conforming changes to remove references to such contracts. Sections 9, 13 and 14 of this bill prohibit the payment of a wage that is less than the state minimum wage to a recipient of jobs and day training services on or after January 1, 2028. Section 12 of this bill prohibits a person from employing a person under a special certificate at less than minimum wage on or after that date. Section 3 of this bill requires a provider of jobs and day training services that holds a special certificate to annually submit to the Aging and Disability Services Division of the Department of Health and Human Services for approval a plan to: (1) transition the recipient earning less than the state minimum wage to earning at least the state minimum wage by January 1, 2028, or in obtaining competitive integrated employment, supported employment or community activities related to the goals of
κ2023 Statutes of Nevada, Page 2950 (CHAPTER 479, AB 259)κ
the person; and (2) assist the recipient in participating in unpaid activities that are not related to employment. Section 3 requires the plan submitted by a provider of jobs and day training services to be accompanied by a report that includes certain benchmarks showing the progress the provider is making toward transitioning a recipient of jobs and day training services who is earning less than the state minimum wage to earning at least the state minimum wage.
Section 4 of this bill: (1) authorizes a person with a disability who is earning less than the state minimum wage to choose a person to advocate on his or her behalf at any meeting concerning employment with his or her employer or a member of the staff of a provider of jobs and day training services; and (2) requires the Division, upon the request of such a person, to assist the person in finding such an advocate. Section 2 of this bill defines the term competitive integrated employment and sections 5, 8 and 9 of this bill make conforming changes to indicate the proper placement of sections 2-4 in the Nevada Revised Statutes.
Federal law authorizes states to receive federal financial participation to support the provision of certain home and community-based services, including habilitation services, for recipients of Medicaid who are elderly or disabled. (42 U.S.C. § 1396n(i)) Existing law requires the Department to apply to the Secretary of Health and Human Services for a waiver that provides such federal authorization. (NRS 422.396) Section 11 of this bill requires the Department to amend its waiver to: (1) include as medical assistance under Medicaid certain habilitation services that are designed to provide persons assistance in pursuing competitive integrated employment; and (2) authorize the compensation of a recipient of Medicaid who is receiving prevocational services at a rate equal to or greater than the state minimum wage. Section 11 also requires the Department to adopt necessary regulations to carry out the provisions of section 11. Section 10 of this bill makes a conforming change to indicate the proper placement of section 11 in the Nevada Revised Statutes.
Section 12.5 of this bill makes an appropriation to and authorizes certain expenditures by the Aging and Disability Services Division of the Department of Health and Human Services for certain Medicaid benefit counseling services to assist persons with an intellectual disability or persons with a developmental disability.
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 435 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. Competitive integrated employment has the meaning ascribed to it in 29 U.S.C. § 705(5).
Sec. 3. 1. On or before January 1 of each year, a provider of jobs and day training services that holds a valid certificate issued pursuant to 29 U.S.C. § 214(c) authorizing the provider of jobs and day training services to pay less than the state minimum wage in effect on that date shall submit to the Division for its approval a plan detailing the manner in which the provider of jobs and day training services will:
(a) Transition such persons from earning less than the state minimum wage to earning at least the state minimum wage by January 1, 2028, or support such persons in obtaining competitive integrated employment, supported employment or community activities related to the goals of the persons; and
κ2023 Statutes of Nevada, Page 2951 (CHAPTER 479, AB 259)κ
(b) Assist such persons to participate in unpaid activities that are not related to employment.
2. A plan submitted pursuant to subsection 1 must be informed by evidence-based practices and models for providing effective employment and align with any applicable federal laws and regulations. Such a plan must be accompanied by a report that contains for each person who is earning less than the state minimum wage under a valid certificate issued pursuant to 29 U.S.C. § 214(c), measurable benchmarks to show the progress the provider of jobs and day training services is making toward:
(a) Transitioning the person to earning at least the state minimum wage or supporting the person in pursuing competitive integrated employment, supported employment or community activities related to the goals of the person; and
(b) Assisting the person to participate in unpaid activities that are not related to employment.
3. If the Division determines that a plan submitted pursuant to this section does not meet the requirements of this section or will not make adequate progress towards the goals prescribed by subsection 1, the Division shall require the provider of jobs and day training services to submit a revised plan.
4. The Division may adopt any regulations necessary to carry out the provisions of this section and section 4 of this act.
5. As used in this section, supported employment has the meaning ascribed to it in 29 U.S.C. § 705(38).
Sec. 4. 1. A person with an intellectual disability or person with a developmental disability who is earning less than the state minimum wage under a valid certificate issued pursuant to 29 U.S.C. § 214(c) may choose a person, including, without limitation, his or her case manager, parent or legal guardian, to advocate on his or her behalf at any meeting concerning the employment with his or her employer or a member of the staff of the provider of jobs and day training services.
2. Upon request of a person with an intellectual disability or person with a developmental disability, the Division shall assist the person in finding an independent advocate to perform the functions described in subsection 1.
Sec. 5. NRS 435.140 is hereby amended to read as follows:
435.140 As used in NRS 435.130 to 435.310, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 435.172, 435.176 and 435.179 and section 2 of this act have the meanings ascribed to them in those sections.
Sec. 6. NRS 435.220 is hereby amended to read as follows:
435.220 1. The Administrator shall adopt regulations governing jobs and day training services, including, without limitation, regulations that set forth:
(a) Standards for the provision of quality care and training by providers of jobs and day training services;
κ2023 Statutes of Nevada, Page 2952 (CHAPTER 479, AB 259)κ
(b) The requirements for the issuance and renewal of a certificate; and
(c) The rights of consumers of jobs and day training services, including, without limitation, the right of a consumer to file a complaint and the procedure for filing the complaint.
2. The Division may enter into such agreements with public and private agencies as it deems necessary for the provision of jobs and day training services. Any such agreements must include a provision stating that employment is the preferred service option for all adults of working age.
3. For the purpose of entering into an agreement described in subsection 2, if the qualifications of more than one agency are equal, the Division shall give preference to the agency that will provide persons with intellectual disabilities or persons with developmental disabilities with training and experience that demonstrates a progression of measurable skills that is likely to lead to competitive employment outcomes that provide employment that [:
(a) Is] is comparable to employment of persons without intellectual disabilities or persons without developmental disabilities . [; and
(b) Pays at or above the minimum wage set forth in NRS 608.250.]
Sec. 7. NRS 435.225 is hereby amended to read as follows:
435.225 1. A partnership, firm, corporation or association, including, without limitation, a nonprofit organization, or a state or local government or agency thereof shall not provide jobs and day training services in this State without first obtaining a certificate from the Division.
2. A natural person other than a person who is employed by an entity listed in subsection 1 shall not provide jobs and day training services in this State without first obtaining a certificate from the Division.
3. For the purpose of issuing a certificate pursuant to this section, if the qualifications of more than one applicant are equal, the Division shall give preference to the natural person who, or the nonprofit organization, state or local government or agency thereof that, will provide persons with intellectual disabilities or persons with developmental disabilities with training and experience that demonstrates a progression of measurable skills that is likely to lead to competitive employment outcomes that provide employment that [:
(a) Is] is comparable to employment of persons without intellectual disabilities or persons without developmental disabilities . [; and
(b) Pays at or above the minimum wage set forth in NRS 608.250.]
4. Each application for the issuance or renewal of a certificate issued pursuant to this section must include a provision stating that employment is the preferred service option for all adults of working age.
Sec. 8. NRS 435.305 is hereby amended to read as follows:
435.305 1. Except as otherwise provided in subsection 3, a provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive, and sections 2, 3 and 4 of this act may enter into a contract or other arrangement with any person or governmental entity to provide for the employment of a person under 25 years of age under which the person will be paid less than the state minimum wage if the person was [employed] :
κ2023 Statutes of Nevada, Page 2953 (CHAPTER 479, AB 259)κ
(a) Employed on July 22, 2016, by an entity that holds a valid certificate pursuant to 29 U.S.C. § 214(c) ; or [, before]
(b) Before beginning such employment, the person has:
[(a)] (1) Received preemployment transition services available under the provisions of 29 U.S.C. § 733 or transition services under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.;
[(b)] (2) Received career counseling, information and referrals to federal and state programs and other resources in the geographic area in which the person resides that offer services and supports that are designed to enable the person to attain competitive integrated employment and meet the requirements of subsection 2; and
[(c)] (3) Applied for vocational rehabilitation services under the provisions of 29 U.S.C. §§ 720 to 751, inclusive, and been found:
[(1)] (I) Ineligible for such services; or
[(2)] (II) Eligible for such services and [:
(I) Has] has an individualized plan for employment pursuant to 29 U.S.C. § 722 [;
(II) Has] , has been working, with appropriate supports and services, toward an employment outcome specified in that plan without success [;] and
[(III) The] the persons vocational rehabilitation case has been closed.
2. Counseling, information, referrals, services and supports provided pursuant to subparagraph (2) of paragraph (b) of subsection 1 must not be provided to a person for the purpose of obtaining employment compensated at less than the state minimum wage.
3. A provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive, and sections 2, 3 and 4 of this act shall not enter into a contract or other arrangement described in subsection 1 [with a local educational agency.] on or after January 1, 2025.
4. Except as otherwise provided in subsection 5, if a provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive, and sections 2, 3 and 4 of this act enters into a contract or other arrangement described in subsection 1:
(a) The Division shall, at least once every 6 months for the first year of such employment and annually thereafter for the duration of the employment, provide the person employed pursuant to the arrangement with career counseling, information and referrals as described in subparagraph (2) of paragraph (b) of subsection 1 in a manner that facilitates independent decisions and informed choice; and
(b) The employer of the person shall, at least once every 6 months for the first year of such employment and annually thereafter for the duration of the employment, inform the person of opportunities in the geographic area in which the person resides to receive training concerning self-advocacy, self-determination and peer mentoring that is provided by a person or entity that does not have a financial interest in the employment outcome of the person.
5. If a provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive, and sections 2, 3 and 4 of this act enters into a contract or other arrangement described in subsection 1 with a business with fewer than 15 employees, the business may satisfy the requirements of subsection 4 by referring a person employed pursuant to the arrangement to the Division for the services described in that subsection at least once every 6 months for the first year of such employment and annually thereafter for the duration of the employment.
κ2023 Statutes of Nevada, Page 2954 (CHAPTER 479, AB 259)κ
business with fewer than 15 employees, the business may satisfy the requirements of subsection 4 by referring a person employed pursuant to the arrangement to the Division for the services described in that subsection at least once every 6 months for the first year of such employment and annually thereafter for the duration of the employment.
6. The Division, in consultation with the Department of Education, shall adopt regulations prescribing the manner in which compliance with the requirements of subsections 1 and 4 may be documented.
7. An employer who employs a person pursuant to a contract or other arrangement described in subsection 1 shall:
(a) Before the employment begins, verify that the person meets the requirements of subsection 1 by reviewing the documentation prescribed for that purpose pursuant to subsection 6;
(b) For the duration of the employment:
(1) Verify that the person has received the services required by subsection 4 by reviewing the documentation prescribed for that purpose pursuant to subsection 6; and
(2) Maintain on file a copy of the documentation reviewed pursuant to subparagraph (1) and paragraph (a).
8. The Division may inspect the documentation maintained pursuant to subparagraph (2) of paragraph (b) of subsection 7 as necessary to ensure compliance with the requirements of this section.
[9. As used in this section:
(a) Competitive integrated employment has the meaning ascribed to it in 29 U.S.C. § 705.
(b) Local educational agency has the meaning ascribed to it in 20 U.S.C. § 1401(19).]
Sec. 9. NRS 435.310 is hereby amended to read as follows:
435.310 A provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive [:] , and sections 2, 3 and 4 of this act:
1. Except as otherwise provided in subsection 2, may enter into contracts with authorized county and school officials and public and private agencies to give care and training to persons with intellectual disabilities or persons with developmental disabilities who would also qualify for care or training programs offered by the public schools or by county welfare programs.
2. [Except as otherwise provided in NRS 435.305, shall] Shall not enter into a contract or other arrangement with any person or governmental entity to provide for the employment of a person [under 25 years of age] where the person will be paid less than the state minimum wage.
Sec. 10. NRS 232.320 is hereby amended to read as follows:
232.320 1. The Director:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
(1) The Administrator of the Aging and Disability Services Division;
(2) The Administrator of the Division of Welfare and Supportive Services;
κ2023 Statutes of Nevada, Page 2955 (CHAPTER 479, AB 259)κ
(3) The Administrator of the Division of Child and Family Services;
(4) The Administrator of the Division of Health Care Financing and Policy; and
(5) The Administrator of the Division of Public and Behavioral Health.
(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 11 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. Notwithstanding any other provision of law, the Director, or the Directors designee, is responsible for appointing and removing subordinate officers and employees of the Department.
κ2023 Statutes of Nevada, Page 2956 (CHAPTER 479, AB 259)κ
Sec. 11. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Department shall apply to the Secretary of Health and Human Services to amend its home and community-based services waiver granted pursuant to 42 U.S.C. § 1396n. The waiver must be amended, in addition to providing coverage for any home and community-based service which the waiver covers on January 1, 2025, to authorize:
(a) The Department to include as medical assistance under Medicaid the funding of habilitation services designed to provide persons with intellectual disabilities or persons with developmental disabilities assistance in pursuing competitive integrated employment, including, without limitation:
(1) Benefit counseling to assist a person with an intellectual disability or person with a developmental disability in earning a higher income while retaining any benefits or services that the person may be receiving.
(2) Job coaching and job development. To the extent authorized by the Federal Government, the services described in this subparagraph must not be subject to authorization limits.
(b) The compensation of a recipient of services under the waiver described in subsection 1 who is receiving prevocational services at a rate equal to or greater than the state minimum wage, including, without limitation, by waiving the requirement prescribed by 42 C.F.R. § 440.180(c)(2)(i)(B) that a person receiving prevocational services be compensated at less than 50 percent of the minimum wage.
2. The Department shall:
(a) Cooperate with the Federal Government in amending the waiver pursuant to this section;
(b) If the Federal Government approves the amendments to the waiver, adopt regulations necessary to carry out the provisions of this section, including, without limitation, the criteria to be used in determining eligibility for the habilitation services designed to provide assistance to persons pursuing competitive integrated employment pursuant to subsection 1; and
(c) Implement the amendments to the waiver only to the extent that the amendments are approved by the Federal Government.
3. As used in this section, competitive integrated employment has the meaning ascribed to it in 29 U.S.C. § 705(5).
Sec. 12. NRS 608.250 is hereby amended to read as follows:
608.250 1. Each employer shall pay to each employee of the employer a wage of not less than:
(a) Beginning July 1, 2019:
(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $7.25 per hour worked.
(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $8.25 per hour worked.
κ2023 Statutes of Nevada, Page 2957 (CHAPTER 479, AB 259)κ
(b) Beginning July 1, 2020:
(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $8.00 per hour worked.
(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $9.00 per hour worked.
(c) Beginning July 1, 2021:
(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $8.75 per hour worked.
(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $9.75 per hour worked.
(d) Beginning July 1, 2022:
(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $9.50 per hour worked.
(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $10.50 per hour worked.
(e) Beginning July 1, 2023:
(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $10.25 per hour worked.
(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $11.25 per hour worked.
(f) Beginning July 1, 2024:
(1) If the employer offers health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $11.00 per hour worked.
(2) If the employer does not offer health benefits to the employee in the manner described in Section 16 of Article 15 of the Nevada Constitution, $12.00 per hour worked.
2. It is unlawful for any person , including, without limitation, a person who employs a person under a special certificate issued pursuant to 29 U.S.C. § 214(c), to employ, cause to be employed or permit to be employed, or to contract with, cause to be contracted with or permit to be contracted with, any person for a wage less than that established by this section.
Sec. 12.5. 1. There is hereby appropriated from the State General Fund to the Aging and Disability Services Division of the Department of Health and Human Services the sum of $395,729 for the funding of Medicaid program benefit counseling services to assist a person with an intellectual disability or a person with a developmental disability in earning a higher income while retaining any benefits or services that the person may be receiving pursuant to section 11 of this act.
κ2023 Statutes of Nevada, Page 2958 (CHAPTER 479, AB 259)κ
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.
3. There is hereby authorized the expenditure of $670,351 not appropriated from the State General Fund or State Highway Fund during Fiscal Year 2024-2025 by the Aging and Disability Services Division of the Department of Health and Human Services for the same purpose as provided in subsection 1.
Sec. 13. 1. Any contract or other arrangement entered into pursuant to NRS 435.305 between a provider of jobs and day training services and a person or governmental entity that provides for the employment of a person under which the person will be paid less than the state minimum wage must expire or terminate on or before December 31, 2027.
2. As used in this section, jobs and day training services has the meaning ascribed to it in NRS 435.176.
Sec. 14. NRS 435.305 is hereby repealed.
Sec. 15. 1. This section and section 13 of this act become effective upon passage and approval.
2. Section 12.5 of this act becomes effective on July 1, 2024.
3. Sections 1 to 8, inclusive, 10 and 11 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.
4. Sections 9, 12 and 14 of this act become effective on January 1, 2028.
5. Sections 2, 3 and 4 of this act expire by limitation on December 31, 2027.
________
κ2023 Statutes of Nevada, Page 2959κ
Assembly Bill No. 255Assemblymen Cohen, Bilbray-Axelrod, Hansen, Newby and Orentlicher
CHAPTER 480
[Approved: June 15, 2023]
AN ACT relating to adoption; revising provisions governing financial assistance to the adoptive family of a child with special needs; making appropriations to and authorizing expenditures by the Division of Child and Family Services of the Department of Health and Human Services; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes an agency which provides child welfare services to provide financial assistance to a family that adopts a child with special needs until the child attains majority, becomes self-sustaining, is emancipated or dies. (NRS 127.186) If such a child is still enrolled in school, section 1 of this bill authorizes an agency which provides child welfare services to provide financial assistance until the child graduates high school or reaches 19 years of age, whichever comes first. Sections 1.2-1.6 of this bill make appropriations to, and authorize expenditure by, the Division of Child and Family Services of the Department of Health and Human Services for the increased costs of providing such financial assistance.
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 127.186 is hereby amended to read as follows:
127.186 1. The agency which provides child welfare services or a child-placing agency licensed by the Division pursuant to this chapter may consent to the adoption of a child under 18 years of age with special needs due to race, age or physical or mental problems who is in the custody of the agency which provides child welfare services or the licensed agency by proposed adoptive parents when, in the judgment of the agency which provides child welfare services or the child-placing agency, it would be in the best interests of the child to be placed in that adoptive home.
2. The agency which provides child welfare services or child-placing agency, whichever has custody of the child, shall in a timely and diligent manner:
(a) Schedule any evaluations necessary to identify any special needs the child may have.
(b) If it determines that the child has any special needs:
(1) Notify the proposed adoptive parents:
(I) That they may be eligible for a grant of financial assistance pursuant to this section; and
(II) The manner in which to apply for such financial assistance; and
(2) Assist the proposed adoptive parents in applying for and satisfying any other prerequisites necessary to obtain a grant of financial assistance pursuant to this section and any other relevant subsidies and services which may be available.
κ2023 Statutes of Nevada, Page 2960 (CHAPTER 480, AB 255)κ
3. The agency which provides child welfare services may grant financial assistance for attorneys fees in the adoption proceeding, for maintenance and for preexisting physical or mental conditions to the adoptive parents of a child with special needs out of money provided for that purpose if the head of the agency which provides child welfare services or his or her designee has reviewed and approved in writing the grant of financial assistance.
4. The grant of financial assistance must be limited, both as to amount and duration, by agreement in writing between the agency which provides child welfare services and the adoptive parents. Such an agreement must not become effective before the entry of the order of adoption.
5. Any grant of financial assistance must be reviewed and evaluated at least once annually by the agency which provides child welfare services. The evaluation must be presented for approval to the head of the agency which provides child welfare services or his or her designee. Financial assistance must be discontinued immediately upon written notification to the adoptive parents by the agency which provides child welfare services that continued assistance is denied.
6. All financial assistance provided under this section ceases immediately when the child [attains majority, becomes] :
(a) Reaches 18 years of age, if the child is not enrolled in school, or 19 years of age, if the child is enrolled in school;
(b) Graduates from high school, if the child is at least 18 years of age;
(c) Becomes self-supporting [, is] ;
(d) Is emancipated ; or [dies, whichever occurs first.]
(e) Dies.
7. Neither a grant of financial assistance pursuant to this section nor any discontinuance of such assistance affects the legal status or respective obligations of any party to the adoption.
8. A court shall waive all court costs of the proposed adoptive parents in an adoption proceeding for a child with special needs if the agency which provides child welfare services or child-placing agency consents to the adoption of such a child pursuant to this section.
9. The Division, in consultation with each agency which provides child welfare services, shall adopt regulations regarding eligibility for and the procedures for applying for a grant of financial assistance pursuant to this section.
Sec. 1.2. 1. There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services for the Washoe County Child Welfare budget account for increases in the amount of adoption subsidies in Washoe County resulting from the amendatory provisions of section 1 of this act the following sums:
For the Fiscal Year 2023-2024.................................................... $180,598
For the Fiscal Year 2024-2025.................................................... $142,587
2. Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized by the Division of Child and Family Services of the Department of Health and Human Services for the same purpose as set forth in subsection 1:
For the Fiscal Year 2023-2024.................................................... $244,310
For the Fiscal Year 2024-2025.................................................... $182,299
κ2023 Statutes of Nevada, Page 2961 (CHAPTER 480, AB 255)κ
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. 1.4. 1. There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services for the Clark County Child Welfare budget account for increases in the amount of adoption subsidies in Clark County resulting from the amendatory provisions of section 1 of this act the following sums:
For the Fiscal Year 2023-2024.................................................... $494,830
For the Fiscal Year 2024-2025.................................................... $641,828
2. Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized by the Division of Child and Family Services of the Department of Health and Human Services for the same purpose as set forth in subsection 1:
For the Fiscal Year 2023-2024.................................................... $694,305
For the Fiscal Year 2024-2025.................................................... $850,107
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. 1.6. 1. There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services for the Rural Child Welfare budget account for increases in the amount of adoption subsidies in counties other than Washoe and Clark Counties resulting from the amendatory provisions of section 1 of this act the following sums:
For the Fiscal Year 2023-2024....................................................... $58,022
For the Fiscal Year 2024-2025....................................................... $70,772
2. Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized by the Division of Child and Family Services of the Department of Health and Human Services for the same purpose as set forth in subsection 1:
For the Fiscal Year 2023-2024....................................................... $78,932
For the Fiscal Year 2024-2025....................................................... $90,975
κ2023 Statutes of Nevada, Page 2962 (CHAPTER 480, AB 255)κ
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. 2. This act becomes effective on July 1, 2023.
________
Assembly Bill No. 310Assemblywoman Monroe-Moreno
CHAPTER 481
[Approved: June 15, 2023]
AN ACT relating to affordable housing; requiring the Housing Division of the Department of Business and Industry to develop and implement a supportive housing grant program; creating the Nevada Supportive Housing Development Fund in the State Treasury; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law charges the Housing Division of the Department of Business and Industry with certain duties relating to low-income housing and affordable housing, including creating a statewide low-income housing database and administering the Account for Affordable Housing. (NRS 319.143, 319.500)
Section 2 of this bill requires the Division to, subject to the availability of funds appropriated for such a purpose, develop and implement a supportive housing grant program. The program must include a process for applying for a grant to: (1) procure and develop supportive housing; (2) train and build the capacity of a supportive housing partnership; (3) fund the operation of a supportive housing partnership; and (4) analyze the progress of supportive housing in this State. Section 2 also requires the Division to: (1) consult with the Nevada Interagency Advisory Council on Homelessness to Housing before approving any application for a grant to procure and develop supportive housing; (2) adopt regulations to carry out the grant program which must include the criteria for eligibility to receive money and procedures for the submission and review of applications; and (3) submit an annual report containing certain information about the grant program to the Chair of the Nevada Interagency Advisory Council on Homelessness to Housing, the Governor and the Director of the Legislative Counsel Bureau.
Section 3 of this bill creates the Nevada Supportive Housing Development Fund in the State Treasury and provides that the money in the Fund must be used to carry out the provisions of section 2.
Section 4 of this bill makes an appropriation to the Fund to carry out the supportive housing grant program.
κ2023 Statutes of Nevada, Page 2963 (CHAPTER 481, AB 310)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 319 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The Division shall, subject to the availability of funds appropriated for such a purpose, develop and implement a supportive housing grant program for the purpose of awarding grants for the development of supportive housing and the provision of supportive housing services. The program must include a process for applying for a grant to:
(a) Procure and develop supportive housing;
(b) Train and build the capacity of a supportive housing partnership;
(c) Fund the operation of a supportive housing partnership; and
(d) Analyze the progress of supportive housing in this State.
2. Any recipient of a grant for supportive housing must agree in writing to comply with all applicable provisions of chapter 118A of NRS.
3. The Division shall consult with the Nevada Interagency Advisory Council on Homelessness to Housing created by NRS 232.4981 before approving any application for a grant pursuant to paragraph (a) of subsection 1.
4. The Division shall adopt regulations to carry out the provisions of this section. The regulations must prescribe, without limitation:
(a) The criteria for eligibility to receive money from the supportive housing grant program; and
(b) Procedures for the submission and review of applications to receive money from the supportive housing grant program.
5. On or before December 1 of each year that the supportive housing grant program is funded, the Division shall submit a report to the Chair of the Nevada Interagency Advisory Council on Homelessness to Housing, the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature, or to the Legislative Commission, if the Legislature is not in session. The report must include:
(a) Information on and feedback from grant recipients; and
(b) Information on the use of grant money and participation in the supportive housing grant program.
6. The Division may use a portion of the money in the Nevada Supportive Housing Development Fund created by section 3 of this act to prepare the report required by subsection 5.
7. As used in this section:
(a) Supportive housing means subsidized housing that reduces barriers to retaining housing that are caused by a persons rental history, criminal history and income through the provision of onsite and offsite supportive services that are designed to assist a person who has:
(1) A disabling behavioral or physical health condition; and
(2) Experienced:
(I) Homelessness or been at imminent risk of homelessness; or
(II) Unnecessary institutionalization.
κ2023 Statutes of Nevada, Page 2964 (CHAPTER 481, AB 310)κ
(b) Supportive services includes, without limitation, social services, community support services, case management services, employment services, health care and behavioral health treatment.
Sec. 3. 1. There is hereby created as a special revenue fund in the State Treasury the Nevada Supportive Housing Development Fund.
2. The Division may accept gifts, bequests, grants, appropriations and donations from any sources for deposit in the Fund.
3. The money in the Fund must be invested as other state funds are invested. All interest earned on the deposit or investment of money in the Fund, after deducting any applicable charges, must be credited to the Fund. Claims against the Fund must be paid as other claims against the State are paid.
4. The money in the Fund must be used to carry out the provisions of section 2 of this act.
Sec. 4. There is hereby appropriated from the State General Fund to the Nevada Supportive Housing Development Fund created by section 3 of this act the sum of $32,200,000 to carry out the supportive housing grant program developed pursuant to section 2 of this act.
Sec. 5. 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. 6. 1. This section and section 5 of this act become effective upon passage and approval.
2. Sections 1 to 4, 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 2965κ
Assembly Bill No. 328Assemblymen Watts, Torres; and Peters
Joint Sponsors: Senators Nguyen, Donate and Flores
CHAPTER 482
[Approved: June 15, 2023]
AN ACT making an appropriation to the Thomas & Mack Legal Clinic at the William S. Boyd School of Law of the University of Nevada, Las Vegas for the purpose of providing pro bono legal services; 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 Thomas & Mack Legal Clinic at the William S. Boyd School of Law of the University of Nevada, Las Vegas, for the purpose of providing pro bono legal services the following sums:
For the Fiscal Year 2023-2024.................................................... $500,000
For the Fiscal Year 2024-2025.................................................... $500,000
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the 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 2966κ
Assembly Bill No. 321Assemblymen Carter; Anderson and La Rue Hatch
CHAPTER 483
[Approved: June 15, 2023]
AN ACT relating to public safety; setting forth certain requirements and restrictions concerning foil balloons that are sold, offered for sale or manufactured in this State; prohibiting, with certain exceptions, a person from selling, offering for sale or manufacturing a foil balloon that fails to meet certain requirements; requiring the Public Utilities Commission of Nevada to adopt a standard for the testing and evaluation of the dielectric performance of foil balloons; providing enhanced penalties in certain circumstances for committing assault or battery upon a utility worker; prohibiting a person from committing certain acts against the infrastructure of a public utility; providing penalties; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Sections 2-10 of this bill set forth certain requirements and restrictions concerning the manufacturing and sale of foil balloons, which section 5 of this bill defines, in general, to mean a balloon that is constructed of electrically conductive material and that is not a hot air balloon or a balloon used in a governmental or scientific research project.
Section 2 sets forth certain legislative findings and declarations concerning foil balloons.
Section 7 of this bill requires a person who manufactures a foil balloon in this State to include certain markings on the foil balloon. Section 7 also prohibits a person from selling, offering for sale or distributing a foil balloon that is filled with a gas that is lighter than air unless: (1) an object of sufficient weight is affixed to the balloon or its appurtenance to counter the lift capability of the foil balloon; and (2) no electrically conductive string, tether or streamer or other electrically conductive object is attached to the foil balloon.
Section 9 of this bill requires the Public Utilities Commission of Nevada to adopt a standard for the testing and evaluation of the dielectric performance of foil balloons. Section 9: (1) requires that standard to be the P2845 Standard, if the P2845 Standard is deemed final and approved; and (2) sets forth the conditions under which the P2845 Standard is deemed final and approved. Section 6 of this bill defines P2845 Standard to mean, in general, a certain specified standard for the testing and evaluation of the dielectric performance of foil balloons established by the Institute of Electrical and Electronics Engineers.
Section 8 of this bill: (1) requires any foil balloon sold, offered for sale or manufactured in this State to have been tested in accordance with, and meet the performance standards set forth in, the standard adopted by the Commission pursuant to section 9; and (2) prohibits a person from selling, offering for sale or manufacturing a foil balloon in this State unless the foil balloon meets those requirements. Section 8 provides for the gradual implementation of those requirements by setting forth certain deadlines by which certain percentages of the foil balloons sold, offered for sale or manufactured by a person must comply with those requirements. Section 8 sets forth certain circumstances under which those deadlines may be extended.
κ2023 Statutes of Nevada, Page 2967 (CHAPTER 483, AB 321)κ
Section 10 provides for the imposition of a civil penalty against a person who sells, offers for sale or manufactures a foil balloon in violation of sections 2-10 not to exceed $50 for each balloon sold, offered for sale or manufactured, not to exceed $2,500 for each day on which a violation occurs. Section 10 authorizes the Attorney General, a district attorney or a city attorney to: (1) recover the civil penalties in a civil action; and (2) bring an action to enjoin any violation of sections 2-10.
Existing law: (1) makes it unlawful to commit certain acts involving theft or damage to property of a public utility; (2) prescribes certain criminal penalties for the commission of such unlawful acts; and (3) provides for a civil action for damages for an injury to or the destruction of the property of a public utility. (NRS 704.800, 704.805) Section 11 of this bill makes it unlawful for a person, with the intent to interfere or otherwise prevent the performance of the normal function of any infrastructure owned by a public utility, to: (1) commit any trespass upon the infrastructure; or (2) intentionally or recklessly deface, damage or tamper with the infrastructure. Section 12 of this bill authorizes a public utility to bring a civil action for damages against any person who violates the prohibition created by section 11.
Under existing law, if a person commits an assault upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty and the person knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver or a transit operator, the person is guilty of: (1) a category B felony if the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon; (2) a category D felony if the person is a probationer, prisoner or parolee; or (3) if neither of those circumstances is present, a gross misdemeanor. (NRS 200.471) Additionally, under existing law, if a person commits a battery upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator, and the person knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver or a transit operator, the person is guilty of: (1) a category B felony if the battery causes substantial bodily harm or is committed by strangulation; or (2) if those circumstances are not present and no greater penalty is provided by law, a gross misdemeanor. (NRS 200.481) Sections 10.3 and 10.6 of this bill provide for the imposition of those penalties for an assault or battery committed upon a utility worker.
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 597 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. The Legislature hereby finds and declares that:
1. Electric utilities in this State are responsible for delivering safe, reliable energy through large transmission and distribution networks. Equipment failure or damage from weather, animals and human activity can cause power outages.
2. Electric utilities report that foil balloons are among the top causes of outages. Foil balloons are coated with a shiny metallic film that conducts electricity. If a foil balloon contacts power lines, this can create an electrical fault that can damage power lines, cause blackouts and start fires.
3. Because of the risk of power outages and fires caused by foil balloons coming into contact with power lines, other states and jurisdictions have considered bans on foil balloons.
κ2023 Statutes of Nevada, Page 2968 (CHAPTER 483, AB 321)κ
4. Modern technology has advanced to allow for the manufacturing of foil balloons that resist conducting electricity. The Institute of Electrical and Electronics Engineers is developing standards for such balloons.
5. Requiring foil balloons to be tested and to meet performance standards concerning their dielectric performance will minimize the risks of power outages and fires.
Sec. 3. As used in sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3.5 to 6, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 3.5. Commencement date means the date on which the regulation adopted by the Commission establishing the P2845 Standard pursuant to section 9 of this act becomes effective, or on June 20, 2027, whichever is later.
Sec. 4. Commission means the Public Utilities Commission of Nevada.
Sec. 5. 1. Foil balloon means a balloon that is constructed of electrically conductive material.
2. The term does not include a hot air balloon or a balloon used in a governmental or scientific research project.
Sec. 6. P2845 Standard means the Standard for Testing and Evaluating the Dielectric Performance of Celebratory Balloons in Contact with Overhead Power Distribution Lines Rated up to 38 kV System Voltage, IEEE P2845, of the Institute of Electrical and Electronics Engineers.
Sec. 7. 1. A person who manufactures a foil balloon in this State shall include on the foil balloon a suitable, permanent mark that:
(a) Identifies the manufacturer of the foil balloon.
(b) If the foil balloon meets the requirements of section 8 of this act, indicates that the foil balloon meets those requirements. If the Commission has adopted the P2845 Standard pursuant to section 9 of this act, any marking specified in the P2845 Standard shall be deemed to be a suitable mark for the purposes of this subsection.
2. A person shall not sell, offer for sale or distribute a foil balloon that is filled with a gas that is lighter than air in this State after the commencement date unless:
(a) An object of sufficient weight is affixed to the foil balloon or its appurtenance to counter the lift capability of the foil balloon; and
(b) No electrically conductive string, tether or streamer or any other electrically conductive object is attached to the foil balloon.
Sec. 8. 1. Except as otherwise provided in this section, a person shall not sell, offer to sell or manufacture a foil balloon in this State after the commencement date unless the foil balloon meets the requirements set forth in this section.
2. Except as otherwise provided in this section, any foil balloon sold, offered for sale or manufactured in this State after the commencement date must be tested in accordance with, and meet the performance standards set forth in, a standard for the testing and evaluation of the dielectric performance of foil balloons adopted by the Commission pursuant to section 9 of this act.
κ2023 Statutes of Nevada, Page 2969 (CHAPTER 483, AB 321)κ
3. Except as otherwise provided in subsections 4 and 5, a person who sells, offers for sale or manufactures foil balloons in this State after the commencement date shall ensure that:
(a) Not less than 25 percent of the foil balloons sold, offered for sale or manufactured by the person comply with the provisions of this section on or before June 30, 2027.
(b) Not less than 55 percent of the foil balloons sold, offered for sale or manufactured by the person comply with the provisions of this section on or before June 30, 2028.
(c) Not less than 80 percent of the foil balloons sold, offered for sale or manufactured by the person comply with the provisions of this section on or before June 30, 2029.
(d) One hundred percent of the foil balloons sold, offered for sale or manufactured by the person comply with the provisions of this section on or before June 30, 2030.
4. A period described in subsection 3 must be tolled during any period in which a serious development, manufacturing, production or supply chain issue or event in the nature of force majeure occurs if the issue or event:
(a) Makes it infeasible to develop, manufacture, produce or sell foil balloons in compliance with the requirements of this section; and
(b) Is outside of the control of the person who sells, offers to sell or manufactures a foil balloon in this State.
5. If a period of tolling is required pursuant to subsection 4, the period must be:
(a) Twenty four months; or
(b) Until the serious development, manufacturing, production or supply chain issue or event in the nature of force majeure is resolved,
Κ whichever occurs later.
6. As used in this section, infeasible means incapable of being accomplished in a successful manner within a reasonable time, taking into account economic, environmental, legal, social and technological factors.
Sec. 9. 1. The Commission shall adopt, by regulation, a standard for testing and evaluating the dielectric performance of foil balloons. If the P2845 Standard is final and approved, the Commission shall adopt the P2845 Standard as the standard required by this section.
2. For the purposes of subsection 1, the P2845 Standard shall be deemed to be final and approved if the Institute for Electrical and Electronics Engineers has:
(a) Published an interim version of the P2845 Standard;
(b) Completed a trial of the interim version of the P2845 Standard; and
(c) After any materially substantive adjustments, if any, to the interim version, published a final version of the P2845 Standard.
Sec. 10. 1. A person who sells, offers for sale or manufactures a foil balloon in violation of sections 2 to 10, inclusive, of this act is subject to a civil penalty not to exceed $50 for each such foil balloon sold, offered for sale or manufactured, except that the penalty against the person must not exceed $2,500 for each day on which a violation occurs.
2. A civil penalty imposed pursuant to subsection 1 must be recovered in a civil action brought by the Attorney General or by the district attorney or city attorney for the jurisdiction in which the violation occurred.
3. Any civil penalty collected pursuant to this section by:
κ2023 Statutes of Nevada, Page 2970 (CHAPTER 483, AB 321)κ
(a) The Attorney General must be paid to the State Treasurer for credit to the State General Fund.
(b) A district attorney or city attorney must deposited in the county or city treasury, as applicable.
4. In determining whether to impose a civil penalty pursuant to subsection 1, the court shall consider:
(a) The nature, extent and severity of the violation;
(b) If multiple violations occurred, the number of violations;
(c) The economic effect of the civil penalty on the person;
(d) The annual revenue of the person in both sales of foil balloons and total sales;
(e) Whether the person took good faith measures to comply with the requirements of sections 2 to 10, inclusive, of this act and when such measures were taken;
(f) The deterrent effect that the imposition of the penalty would have on both the person and the regulated community as a whole;
(g) The willfulness of the person responsible for the violation; and
(h) Any other factors that justice may require.
5. The Attorney General or the district attorney or city attorney of a county or city, as applicable, in which a person sells, offers for sale or manufactures a foil balloon in violation of sections 2 to 10, inclusive, of this act may bring an action to enjoin the violation.
Sec. 10.3. NRS 200.471 is hereby amended to read as follows:
200.471 1. As used in this section:
(a) Assault means:
(1) Unlawfully attempting to use physical force against another person; or
(2) Intentionally placing another person in reasonable apprehension of immediate bodily harm.
(b) Fire-fighting agency has the meaning ascribed to it in NRS 239B.020.
(c) Officer means:
(1) A person who possesses some or all of the powers of a peace officer;
(2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire department;
(4) A jailer, guard or other correctional officer of a city or county jail;
(5) A prosecuting attorney of an agency or political subdivision of the United States or of this State;
(6) A justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph;
(7) An employee of this State or a political subdivision of this State whose official duties require the employee to make home visits;
(8) A civilian employee or a volunteer of a law enforcement agency whose official duties require the employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to law enforcement; and
κ2023 Statutes of Nevada, Page 2971 (CHAPTER 483, AB 321)κ
(III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the law enforcement agency;
(9) A civilian employee or a volunteer of a fire-fighting agency whose official duties require the employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to fire fighting or fire prevention; and
(III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the fire-fighting agency; or
(10) A civilian employee or volunteer of this State or a political subdivision of this State whose official duties require the employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to code enforcement; and
(III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for this State or a political subdivision of this State.
(d) Provider of health care means a physician, a medical student, a perfusionist or a physician assistant licensed pursuant to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractic physician, a chiropractic assistant, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a medication aide - certified, a dentist, a dental student, a dental hygienist, a dental hygienist student, a pharmacist, a pharmacy student, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern, a licensed dietitian, the holder of a license or a limited license issued under the provisions of chapter 653 of NRS, an emergency medical technician, an advanced emergency medical technician and a paramedic.
(e) School employee means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100 or 391.281.
(f) Sporting event has the meaning ascribed to it in NRS 41.630.
(g) Sports official has the meaning ascribed to it in NRS 41.630.
(h) Taxicab has the meaning ascribed to it in NRS 706.8816.
(i) Taxicab driver means a person who operates a taxicab.
(j) Transit operator means a person who operates a bus or other vehicle as part of a public mass transportation system.
(k) Utility worker means an employee of a public utility as defined in NRS 704.020 whose official duties require the employee to:
(1) Interact with the public;
(2) Perform tasks related to the operation of the public utility; and
(3) Wear identification, clothing or a uniform that identifies the employee as working for the public utility.
2. A person convicted of an assault shall be punished:
κ2023 Statutes of Nevada, Page 2972 (CHAPTER 483, AB 321)κ
(a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the assault is not made with the use of a deadly weapon or the present ability to use a deadly weapon, for a misdemeanor.
(b) If the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(c) If paragraph (d) does not apply to the circumstances of the crime and if the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver , [or] a transit operator or a utility worker who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event and the person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator , a utility worker or a sports official, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
(d) If the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver , [or] a transit operator or a utility worker who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event by a probationer, a prisoner who is in lawful custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator , a utility worker or a sports official, for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
Sec. 10.6. NRS 200.481 is hereby amended to read as follows:
200.481 1. As used in this section:
(a) Battery means any willful and unlawful use of force or violence upon the person of another.
(b) Child means a person less than 18 years of age.
(c) Fire-fighting agency has the meaning ascribed to it in NRS 239B.020.
(d) Officer means:
(1) A person who possesses some or all of the powers of a peace officer;
(2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire department;
(4) A jailer, guard, matron or other correctional officer of a city or county jail or detention facility;
(5) A prosecuting attorney of an agency or political subdivision of the United States or of this State;
(6) A justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including, without limitation, a person acting pro tempore in a capacity listed in this subparagraph;
κ2023 Statutes of Nevada, Page 2973 (CHAPTER 483, AB 321)κ
commissioner, master or referee, including, without limitation, a person acting pro tempore in a capacity listed in this subparagraph;
(7) An employee of this State or a political subdivision of this State whose official duties require the employee to make home visits;
(8) A civilian employee or a volunteer of a law enforcement agency whose official duties require the employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to law enforcement; and
(III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the law enforcement agency;
(9) A civilian employee or a volunteer of a fire-fighting agency whose official duties require the employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to fire fighting or fire prevention; and
(III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the fire-fighting agency; or
(10) A civilian employee or volunteer of this State or a political subdivision of this State whose official duties require the employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to code enforcement; and
(III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for this State or a political subdivision of this State.
(e) Provider of health care has the meaning ascribed to it in NRS 200.471.
(f) School employee means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100 or 391.281.
(g) Sporting event has the meaning ascribed to it in NRS 41.630.
(h) Sports official has the meaning ascribed to it in NRS 41.630.
(i) Strangulation means intentionally impeding the normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person in a manner that creates a risk of death or substantial bodily harm.
(j) Taxicab has the meaning ascribed to it in NRS 706.8816.
(k) Taxicab driver means a person who operates a taxicab.
(l) Transit operator means a person who operates a bus or other vehicle as part of a public mass transportation system.
(m) Utility worker means an employee of a public utility as defined in NRS 704.020 whose official duties require the employee to:
(1) Interact with the public;
(2) Perform tasks related to the operation of the public utility; and
(3) Wear identification, clothing or a uniform that identifies the employee as working for the public utility.
2. Except as otherwise provided in NRS 200.485, a person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:
(a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in this section or NRS 197.090, for a misdemeanor.
κ2023 Statutes of Nevada, Page 2974 (CHAPTER 483, AB 321)κ
(b) If the battery is not committed with a deadly weapon, and either substantial bodily harm to the victim results or the battery is committed by strangulation, for a category C felony as provided in NRS 193.130.
(c) If:
(1) The battery is committed upon an officer, provider of health care, school employee, taxicab driver , [or] transit operator or utility worker who was performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event;
(2) The officer, provider of health care, school employee, taxicab driver, transit operator , utility worker or sports official suffers substantial bodily harm or the battery is committed by strangulation; and
(3) The person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator , utility worker or sports official,
Κ for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
(d) If the battery is committed upon an officer, provider of health care, school employee, taxicab driver , [or] transit operator or utility worker who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event and the person charged knew or should have known that the victim was an officer, provider of health care, school employee, taxicab driver, transit operator , utility worker or sports official, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.
(e) If the battery is committed with the use of a deadly weapon, and:
(1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
(2) Substantial bodily harm to the victim results or the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $10,000.
(f) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, without the use of a deadly weapon, whether or not substantial bodily harm results and whether or not the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
(g) If the battery is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee, with the use of a deadly weapon, and:
(1) No substantial bodily harm to the victim results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years.
(2) Substantial bodily harm to the victim results or the battery is committed by strangulation, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.
κ2023 Statutes of Nevada, Page 2975 (CHAPTER 483, AB 321)κ
Sec. 11. NRS 704.800 is hereby amended to read as follows:
704.800 1. It is unlawful for a person to obtain any water, gas, electricity, power or other service, goods or product provided by a public utility with the intent to avoid payment therefor, by:
(a) Opening, breaking into, tapping or connecting with any pipe, flume, ditch, conduit, reservoir, wire, meter or other apparatus belonging to or used by any other person or by the State, any county, city, district or municipality, and taking and removing therefrom or allowing to flow or be taken therefrom any water, gas, electricity or power belonging to another;
(b) Connecting a pipe, tube, flume, conduit, wire or other instrument or appliance with any pipe, conduit, tube, flume, wire, line, pole, lamp, meter or other apparatus belonging to or used by any water, irrigation, gas, electric or power company or corporation, or belonging to or used by any other person in such a manner as to take therefrom water, gas, electricity or power for any purpose or use without passing through the meter or instrument or other means provided for registering the quantity consumed or supplied;
(c) Altering, disconnecting, removing, injuring or preventing the action of any headgate, meter or other instrument used to measure or register the quantity of water, gas, electricity or power used or supplied; or
(d) Injuring or interfering with the efficiency of any meter, pipe, conduit, flume, wire, pole, line, lamp, fixture, hydrant or other attachment or apparatus belonging to or used by any water, irrigation, gas, electric or power company or corporation.
2. It is unlawful for a person, with the intent to interfere with or otherwise prevent the performance of the normal function of any infrastructure owned by a public utility and without the consent of the public utility, to:
(a) Commit any trespass upon the infrastructure; or
(b) Intentionally or recklessly deface, damage or tamper with the infrastructure.
3. If the value of the service involved or the property damaged or stolen is:
(a) Five hundred dollars or more, a person who violates the provisions of this section is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.
(b) Less than $500, a person who violates the provisions of this section is guilty of a misdemeanor.
Κ In determining the value of the service involved, the value of all services unlawfully obtained or attempted to be obtained within 3 years before the time the indictment is found or the information is filed may be aggregated.
[3.] 4. This section applies when the service involved either originates or terminates, or both originates and terminates, in this state, or when the charges for the service would have been billable in the normal course by a person providing the service in this state but for the fact that the service was obtained or attempted to be obtained by one or more of the means set forth in subsection 1.
Sec. 12. NRS 704.805 is hereby amended to read as follows:
704.805 1. Any public utility may bring a civil action for damages against any person who [willfully] :
(a) Willfully and knowingly obtains, attempts to obtain or solicits, aids or abets another to obtain any service provided by the public utility by:
κ2023 Statutes of Nevada, Page 2976 (CHAPTER 483, AB 321)κ
[(a)] (1) Opening, breaking into, tapping or connecting with any pipe, flume, ditch, conduit, reservoir, wire, meter or other apparatus owned or used by another person;
[(b)] (2) Bypassing any meter or other instrument used to register the quantity consumed or supplied; or
[(c)] (3) Altering, disconnecting, removing, injuring or preventing the action of any meter or other instrument used to register the quantity consumed or supplied [,] ; or
(b) Violates subsection 2 of NRS 704.800,
Κ and recover a sum equal to treble the amount of the actual damages, plus all reasonable costs and expenses incurred by the public utility because of that conduct, including the cost of equipment, investigating the matter and expert witnesses and attorneys fees.
2. There is a rebuttable presumption that the person responsible for payment for the delivery of the service of a public utility to any premises caused or had knowledge of any act specified in paragraph (a) of subsection 1 if the person:
(a) Is the occupant of the premises; or
(b) Has any access to the system for delivery of the service to the premises.
3. The presumption provided in subsection 2 only shifts the burden of going forward with the evidence and does not shift the burden of proof to the defendant.
4. A person who willfully or negligently injures or destroys the property of a public utility which is used in the actual production, distribution or delivery of the service provided by the public utility is liable to the public utility for the cost of the repair or replacement of the property injured or destroyed, including the direct and indirect costs attributable to the repair or replacement but subtracting the value, if any, of salvage.
5. Nothing in this section abridges or alters any other right of action or remedy available to a public utility before or after July 1, 1985.
6. As used in this section, direct and indirect costs attributable to repair or replacement include, but are not limited to, costs for:
(a) Labor;
(b) Materials;
(c) Supervision of employees;
(d) Supplies;
(e) Tools;
(f) Taxes;
(g) Transportation;
(h) General and administrative expenses;
(i) Allocable benefits for employees;
(j) Allowances for meals; and
(k) Any other related expenses.
________
κ2023 Statutes of Nevada, Page 2977κ
Assembly Bill No. 346Assemblyman ONeill
CHAPTER 484
[Approved: June 15, 2023]
AN ACT relating to state financial administration; defining the term adjusted base budget for purposes of the State Budget Act; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The State Budget Act sets forth the process for the preparation and submission of the proposed biennial budget for the Executive Department of the State Government. (NRS 353.150-353.246) Specifically, the Act requires the Chief of the Budget Division of the Office of Finance to prepare a final version of the proposed budget, which must include the adjusted base budget for each department, institution and agency of the Executive Department. (NRS 353.230) Section 2 of this bill defines the term adjusted base budget to mean the amount appropriated or authorized to support ongoing expenditures budgeted to the department, institution or agency by the Legislature for the second year of the current biennium, as adjusted for: (1) the removal of any one-time appropriation or authorization that was appropriated or authorized by the Legislature to the department, institution or agency for the second year of the biennium; (2) statewide fringe benefits, assessments, rent insurance premiums and cost allocations; (3) contractual obligations that are approved or expired during the current biennium; (4) ongoing expenditures approved by the Interim Finance Committee during the current biennium; (5) any annualization of costs that occurred for part of the second year of the current biennium; (6) actual caseloads incurred during the first year of the biennium; (7) rate changes that are projected to affect the budget of the department, institution or agency during the next biennium; and (8) any other adjustment that is necessary based on the limit upon total proposed expenditures or as otherwise determined by the Chief.
The Act further requires the Chief to provide to the Fiscal Analysis Division of the Legislative Counsel Bureau each agencys adjusted base budget by program or budgetary account for the next 2 fiscal years. (NRS 353.211) Section 1 of this bill defines the term adjusted base budget to mean the amount appropriated or authorized to support ongoing expenditures budgeted to the agency by the Legislature for the second year of the current biennium, as adjusted for: (1) the removal of any one-time appropriation or authorization that was appropriated or authorized by the Legislature to the agency for the second year of the current biennium; (2) statewide fringe benefits, assessments, rent insurance premiums and cost allocations; (3) contractual obligations that are approved or expired during the current biennium; (4) ongoing expenditures approved by the Interim Finance Committee during the current biennium; (5) any annualization of costs that occurred for part of the second year of the current biennium; (6) actual caseloads incurred during the first year of the biennium; (7) rate changes that are projected to affect the budget of the agency during the next biennium; and (8) any other adjustment that is necessary based on the limit upon total proposed expenditures or as otherwise determined by the Chief.
Section 2.5 of this bill makes an appropriation to the Legislative Fund to update the budgeting software of the Fiscal Analysis Division of the Legislative Counsel Bureau to accommodate the amendatory provisions of this bill.
κ2023 Statutes of Nevada, Page 2978 (CHAPTER 484, AB 346)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 353.211 is hereby amended to read as follows:
353.211 1. On or before October 15 of each even-numbered year, the Chief shall provide to the Fiscal Analysis Division of the Legislative Counsel Bureau:
(a) Computerized budget files containing the actual data regarding revenues and expenditures for the previous year;
(b) The work programs for the current year; and
(c) Each agencys requested budget for the next 2 fiscal years.
2. On or before December 31 of each even-numbered year, the Chief shall provide to the Fiscal Analysis Division:
(a) Each agencys adjusted base budget by program or budgetary account for the next 2 fiscal years; and
(b) An estimated range of the costs for:
(1) Continuing the operation of State Government; and
(2) Providing elementary, secondary and higher public education,
Κ at the current level of service.
3. The information provided to the Fiscal Analysis Division pursuant to subsections 1 and 2 is open for public inspection.
4. The Governor may authorize or direct an agency to hold public hearings on a budget submitted pursuant to paragraph (c) of subsection 1 at any time after the material is provided pursuant to subsection 1.
5. As used in this section, adjusted base budget means the amount appropriated or authorized to support ongoing expenditures budgeted to the agency by the Legislature for the second year of the current biennium, as adjusted for:
(a) The removal of any one-time appropriation or authorization that was appropriated or authorized by the Legislature to the agency for the second year of the biennium;
(b) Statewide fringe benefits, assessments, rent insurance premiums and cost allocations;
(c) Contractual obligations that are approved or expired during the current biennium;
(d) Ongoing expenditures approved by the Interim Finance Committee during the current biennium;
(e) Any annualization of costs that occurred for part of the second year of the current biennium;
(f) Actual caseloads incurred during the first year of the biennium;
(g) Rate changes that are projected to affect the budget of the agency during the next biennium; and
(h) Any other adjustment that is necessary:
(1) Based on the limit upon total proposed expenditures calculated pursuant to NRS 353.213; or
(2) As otherwise determined by the Chief.
Sec. 2. NRS 353.230 is hereby amended to read as follows:
353.230 1. The Chief shall review the estimates, altering, revising, increasing or decreasing the items of the estimates as the Chief may deem necessary in view of the needs of the various departments, institutions and agencies in the Executive Department of the State Government and the total anticipated income of the State Government and of the various departments, institutions and agencies of the Executive Department during the next fiscal year.
κ2023 Statutes of Nevada, Page 2979 (CHAPTER 484, AB 346)κ
agencies in the Executive Department of the State Government and the total anticipated income of the State Government and of the various departments, institutions and agencies of the Executive Department during the next fiscal year. In performing the duties required by this subsection, the Chief shall use the projections and estimates prepared by the Economic Forum pursuant to NRS 353.228.
2. The Chief shall meet with a Fiscal Analyst of the Legislative Counsel Bureau or his or her designated representative and personnel of the various departments, institutions and agencies of the Executive Department to discuss:
(a) The budgetary requests of each department, institution and agency; and
(b) The budgetary recommendations of the Budget Division for each department, institution and agency,
Κ for the next 2 fiscal years. The Chief shall allow the Fiscal Analyst of the Legislative Counsel Bureau or his or her designated representative full access to all materials connected with the review.
3. The Chief shall then prepare a final version of the proposed budget, in accordance with NRS 353.150 to 353.246, inclusive, and shall deliver it to the Governor. The final version of the proposed budget must include the adjusted base budget for each department, institution and agency of the Executive Department, the costs for continuing each program at the current level of service and the costs, if any, for new programs, recommended enhancements of existing programs or reductions for the departments, institutions and agencies of the Executive Department for the next 2 fiscal years. All projections of revenue and any other information concerning future state revenue contained in the proposed budget must be based upon the projections and estimates prepared by the Economic Forum pursuant to NRS 353.228.
4. The Governor shall, not later than 14 calendar days before the commencement of the regular legislative session, submit the proposed budget to the Director of the Legislative Counsel Bureau for transmittal to the Legislature. The Governor shall simultaneously submit, as a separate document:
(a) An analysis of any new programs or enhancements of existing programs being recommended; and
(b) Any increase in or new revenues which are being recommended in the proposed budget.
Κ The document must specify the total cost by department, institution or agency of new programs or enhancements, but need not itemize the specific costs. All projections of revenue and any other information concerning future state revenue contained in the document must be based upon the projections and estimates prepared by the Economic Forum pursuant to NRS 353.228.
5. On or before the 19th calendar day of the regular legislative session, the Governor shall submit to the Legislative Counsel recommendations for each legislative measure which will be necessary to carry out the final version of the proposed budget or to carry out the Governors legislative agenda. These recommendations must contain sufficient detailed information to enable the Legislative Counsel to prepare the necessary legislative measures.
κ2023 Statutes of Nevada, Page 2980 (CHAPTER 484, AB 346)κ
6. During the consideration of the general appropriation bill and any special appropriation bills and bills authorizing budgeted expenditures by the departments, institutions and agencies operating on money designated for specific purposes by the Constitution or otherwise, drafted at the request of the Legislature upon the recommendations submitted by the Governor with the proposed budget, the Governor or a representative of the Governor have the right to appear before and be heard by the appropriation committees of the Legislature in connection with the appropriation bill or bills, and to render any testimony, explanation or assistance required of him or her.
7. As used in this section, adjusted base budget means the amount appropriated or authorized to support ongoing expenditures budgeted to the department, institution or agency by the Legislature for the second year of the current biennium, as adjusted for:
(a) The removal of any one-time appropriation or authorization that was appropriated or authorized by the Legislature to the department, institution or agency for the second year of the biennium;
(b) Statewide fringe benefits, assessments, rent insurance premiums and cost allocations;
(c) Contractual obligations that are approved or expired during the current biennium;
(d) Ongoing expenditures approved by the Interim Finance Committee during the current biennium;
(e) Any annualization of costs that occurred for part of the second year of the current biennium;
(f) Actual caseloads incurred during the first year of the biennium;
(g) Rate changes that are projected to affect the budget of the department, institution or agency during the next biennium; and
(h) Any other adjustment that is necessary:
(1) Based on the limit upon total proposed expenditures calculated pursuant to NRS 353.213; or
(2) As otherwise determined by the Chief.
Sec. 2.5. There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218A.150 the sum of $27,000 for the purpose of updating the budgeting software of the Fiscal Analysis Division of the Legislative Counsel Bureau to accommodate the amendatory provisions of this act.
Sec. 3. This act becomes effective on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 2981κ
Assembly Bill No. 348Assemblywoman Torres
CHAPTER 485
[Approved: June 15, 2023]
AN ACT relating to education; creating the Virtual Early Childhood Family Engagement Pilot Program in the Department of Health and Human Services; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Nevada Early Childhood Advisory Council and requires the Council to develop recommendations for: (1) increasing the participation of children in early childhood education programs; and (2) the establishment of statewide standards for early childhood education programs. (NRS 432A.076) Section 4 of this bill creates the Virtual Early Childhood Family Engagement Pilot Program within the Department of Health and Human Services. Section 5 of this bill requires the Department to select a nonprofit organization that has demonstrated a record of success in virtual early childhood family engagement programs to administer the Program. Section 6 of this bill requires the organization selected to administer the Program to: (1) create a plan to recruit parents, guardians and foster parents of children who are eligible to enter kindergarten for the next school year throughout the State to participate in the Program; (2) provide programming in reading, math and science to participating children and their parents, guardians or foster parents in their residences through computers; and (3) provide the parents, guardians and foster parents of children participating in the Program with information concerning relevant government programs. Section 7 of this bill requires the organization selected to administer the Program to submit an annual report to the Department concerning: (1) the demographics of children who are participating in the Program; and (2) the success of the Program in preparing children for kindergarten. Section 7 also requires the Department to submit similar reports to the Legislature. Sections 2 and 3 of this bill define certain terms related to the Program. Section 8.5 of this bill makes an appropriation to the Department to establish and implement the 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. As used in sections 1 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 2 and 3 of this act have the meaning ascribed to them in those sections.
Sec. 2. Department means the Department of Health and Human Services.
Sec. 3. Program means the Virtual Early Childhood Family Engagement Pilot Program created by section 4 of this act.
Sec. 4. 1. The Virtual Early Childhood Family Engagement Pilot Program is hereby created within the Department.
κ2023 Statutes of Nevada, Page 2982 (CHAPTER 485, AB 348)κ
2. The purposes of the Program are to:
(a) Provide training and coaching to empower parents and guardians of young children in the education of their child; and
(b) Increase the readiness of children for kindergarten in every geographic area of this State.
Sec. 5. 1. The Department shall issue a request for proposals from organizations that are recognized as exempt under section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), to administer the Program.
2. The Department shall review the proposals submitted to the Department pursuant to subsection 1 and select to administer the Program an organization that has a record of success conducting virtual early childhood family engagement programs, as demonstrated through independent, valid and reliable evaluations.
Sec. 6. 1. The organization selected to administer the Program pursuant to section 5 of this act shall:
(a) Create a plan to recruit parents, guardians and foster parents of children described in paragraph (a) of subsection 2 who are from diverse backgrounds and all geographic areas of the State to participate in the Program;
(b) Provide the programming described in paragraph (b) of subsection 2 to such children and their parents, guardians or foster parents in their residences through a computer or similar device;
(c) Provide for the installation of a computer or Internet service if the residence of the child or parent, guardian or foster parent lacks such a device or service;
(d) Effectively engage the parents, guardians and foster parents who participate in the Program to empower them in the education of their children; and
(e) At least twice during each school year that a child participates in the Program, and upon request of the parent, guardian or foster parent of a child who is participating in the Program, provide such parents, guardians or foster parents information in electronic form or in writing concerning relevant services and resources provided by the State and relevant political subdivisions of this State, including, without limitation:
(1) Any program that provides:
(I) Rental and housing assistance; or
(II) Subsidies for child care;
(2) The Kinship Guardianship Assistance Program established and administered by the Department pursuant to NRS 432B.622;
(3) Preschools that provide in-person instruction;
(4) Registration for kindergarten;
(5) Medicaid and the Childrens Health Insurance Program;
(6) Temporary Assistance for Needy Families, as defined in NRS 422A.080;
(7) Supplemental Nutrition Assistance, as defined in NRS 422A.072;
(8) Early intervention services, as defined in NRS 427A.8715; and
(9) Programs for workforce development.
κ2023 Statutes of Nevada, Page 2983 (CHAPTER 485, AB 348)κ
2. The Program must:
(a) Serve children who will be eligible to enter kindergarten for the next school year, including, without limitation, children:
(1) Whose household has an income which is not more than 200 percent of the federally designated level signifying poverty;
(2) Who are in the foster care system; or
(3) Who reside in rural areas of this State.
(b) Utilize a developmentally appropriate, adaptive curriculum in reading, mathematics and science for the Program that:
(1) Is aligned to the Head Start Early Learning Outcomes Framework: Ages Birth to Five published by the Office of Head Start of the Administration for Children and Families of the United States Department of Health and Human Services and any standards of content and performance established for prekindergarten pursuant to NRS 389.520;
(2) Is aligned to the WIDA Early Language Development Standards prescribed by WIDA;
(3) Is certified as a Certified Autism Resource by the International Board of Credentialing and Continuing Education Standards; and
(4) Is endorsed by the Council of Administrators of Special Education.
(c) Ensure that the time a child is required by the Program to use a digital screen is less than the maximum amount of time recommended by the American Academy of Pediatrics for children who are 4 years of age to use a digital screen.
Sec. 7. 1. On or before July 30, 2024, and July 30, 2025, the organization selected to administer the Program pursuant to section 5 of this act shall submit a report to the Department which includes, without limitation:
(a) The number of children enrolled in the Program during the immediately preceding school year, in total and in each county of this State;
(b) The number and percentage of children described in paragraph (a) who meet each criterion identified in paragraph (a) of subsection 2 of section 6 of this act;
(c) The demographics of the children enrolled in the Program, if known, including, without limitation:
(1) Race;
(2) Ethnicity;
(3) Disability status;
(4) Household income;
(5) County of residence; and
(6) Language spoken at home;
(d) Quantitative data and, to the extent any is available, qualitative data that demonstrates the effectiveness of the Program at improving the abilities of a child in reading, writing and mathematics and the readiness of the children participating in the Program for kindergarten, including, without limitation:
(1) Data concerning the educational development of the children participating in the Program;
κ2023 Statutes of Nevada, Page 2984 (CHAPTER 485, AB 348)κ
(2) The number of children who completed the Program and who are ready for kindergarten; and
(3) Data concerning the level of satisfaction that parents, guardians and foster parents have concerning the Program; and
(e) Any additional information determined by the Department to be necessary to evaluate the Program.
2. On or before September 30, 2024, and September 30, 2025, the Department shall compile a report of the data reported pursuant to subsection 1 and submit the report to the Director of the Legislative Counsel Bureau for transmittal to:
(a) In 2024, the next regular session of the Legislature; and
(b) In 2025, the Joint Interim Standing Committee on Education and the Joint Interim Standing Committee on Health and Human Services.
Sec. 8. (Deleted by amendment.)
Sec. 8.5. 1. There is hereby appropriated from the State General Fund to the Department of Health and Human Services to establish and implement the Virtual Early Childhood Family Engagement Pilot Program created by section 4 of this act the following sums:
For the Fiscal Year 2023-2024................................................. $1,000,000
For the Fiscal Year 2024-2025................................................. $1,000,000
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the 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. 9. This act becomes effective on July 1, 2023, and expires by limitation on September 30, 2025.
________
κ2023 Statutes of Nevada, Page 2985κ
Assembly Bill No. 378Committee on Government Affairs
CHAPTER 486
[Approved: June 15, 2023]
AN ACT relating to public employees; revising certain provisions relating to the negotiation, mediation and arbitration of collective bargaining agreements with the Executive Department of the State Government; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes certain groups of employees in the classified service of the Executive Department of the State Government to engage in collective bargaining with the Executive Department concerning wages, hours and other terms and conditions of employment for such employees. (NRS 288.400-288.630) In general, a collective bargaining agreement for such a group of employees must begin on July 1 of an odd-numbered year and must end on June 30 of the next odd-numbered year. (NRS 288.550)
Existing law requires the Governor to designate a representative to conduct negotiations concerning collective bargaining agreements on behalf of the Executive Department and requires negotiations between the representative of the Executive Department and the exclusive representative of a bargaining unit to begin within 60 days after one party notifies the other party of the desire to negotiate or November 1 of each even-numbered year, whichever is earlier. (NRS 288.565) Section 1 of this bill requires such negotiations to begin on or before October 1, rather than November 1, of each even-numbered year.
Existing law authorizes either the representative of the Executive Department or the exclusive representative of a bargaining unit to request a mediator if the parties do not reach a collective bargaining agreement within 120 days after beginning negotiations or February 1 of an odd-numbered year, whichever is earlier, unless the parties agree on a later date. (NRS 288.570) Section 1 requires the representative of the Executive Department and the exclusive representative of a bargaining unit, before engaging in collective bargaining, to: (1) select a mediator and an arbitrator for the purposes of potential mediation and arbitration; and (2) to the extent possible, determine and reserve with the mediator and arbitrator selected by the parties the calendar days when such mediation and arbitration would occur should the parties not reach a collective bargaining agreement.
If the representative of the Executive Department and the exclusive representative of a bargaining unit do not reach a collective bargaining agreement through mediation within 21 days after the appointment of a mediator, mediation is required to cease and the parties are required to begin arbitration proceedings on or before March 1 unless the parties agree on a later date. The arbitrator is then required to render a decision on or before March 15 unless the parties agree on a later date. (NRS 288.575) If the parties do not reach a collective bargaining agreement through mediation, section 3 of this bill requires mediation to cease and the parties to begin arbitration proceedings within 10 days, rather than 21 days, after the appointment of a mediator. Section 3: (1) requires arbitration proceedings to begin on or before February 15, rather than March 1; and (2) requires the arbitrator to render a decision on or before March 5, rather than March 15. Section 3.5 of this bill makes an appropriation to the Division of Human Resource Management of the Department of Administration for costs relating to the prescheduling of arbitrations and mediations.
κ2023 Statutes of Nevada, Page 2986 (CHAPTER 486, AB 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. NRS 288.565 is hereby amended to read as follows:
288.565 1. The Governor shall designate a representative to conduct negotiations concerning collective bargaining agreements on behalf of the Executive Department. The representative may, with the approval of the Governor, delegate the responsibility to conduct such negotiations to another person.
2. A representative designated pursuant to subsection 1 and an exclusive representative shall [begin] :
(a) Begin negotiations concerning a collective bargaining agreement within 60 days after one party notifies the other party of the desire to negotiate or on or before [November] October 1 of each even-numbered year, whichever is earlier [.] ; and
(b) Before beginning negotiations concerning a collective bargaining agreement pursuant to paragraph (a), select a mediator and arbitrator for the purposes of mediation and arbitration pursuant to NRS 288.570 and 288.575, respectively, and, to the extent possible, determine and reserve with the mediator and arbitrator selected by the parties the calendar days when such mediation and arbitration would occur should the parties not reach a collective bargaining agreement.
3. As soon as practicable after the Board designates an exclusive representative of an unrepresented bargaining unit pursuant to NRS 288.400 to 288.630, inclusive, the exclusive representative shall engage in collective bargaining with the representative designated pursuant to subsection 1 as required by NRS 288.540 to establish a collective bargaining agreement with a term ending on June 30 of the next odd-numbered year.
Sec. 2. NRS 288.570 is hereby amended to read as follows:
288.570 1. Either party may request a mediator [from the Federal Mediation and Conciliation Service] selected pursuant to NRS 288.565 if the parties do not reach a collective bargaining agreement:
(a) Within 120 days after the date on which the parties began negotiations or on or before February 1 of an odd-numbered year, whichever is earlier; or
(b) On or before any later date set by agreement of the parties.
2. The mediator shall bring the parties together as soon as possible after [his or her appointment] a request is made pursuant to subsection 1 and shall attempt to settle each issue in dispute within [21] 10 days after his or her appointment or any later date set by agreement of the parties.
Sec. 3. NRS 288.575 is hereby amended to read as follows:
288.575 1. If a mediator [selected] requested pursuant to NRS 288.570 determines that his or her services are no longer helpful or if the parties do not reach a collective bargaining agreement through mediation within [21] 10 days after [the appointment of the mediator] a request made pursuant to NRS 288.570 or on or before any later date set by agreement of the parties, the mediator shall discontinue mediation and the parties shall [attempt to agree upon an impartial arbitrator.] engage in arbitration. Any proposal that conflicts or is otherwise inconsistent with any provision of state law, other than the provisions of chapters 284 and 287 of NRS, shall be considered withdrawn by the proposing party when mediation is discontinued.
κ2023 Statutes of Nevada, Page 2987 (CHAPTER 486, AB 378)κ
proposal that conflicts or is otherwise inconsistent with any provision of state law, other than the provisions of chapters 284 and 287 of NRS, shall be considered withdrawn by the proposing party when mediation is discontinued.
2. [If the parties do not agree upon an impartial arbitrator within 5 days after the date on which mediation is discontinued pursuant to subsection 1 or on or before any later date set by agreement of the parties, the parties shall request from the Federal Mediation and Conciliation Service a list of seven potential arbitrators. The parties shall select an arbitrator from this list by alternately striking one name until the name of only one arbitrator remains, and that arbitrator must hear the dispute in question. The party who will strike the first name must be determined by a coin toss.
3.] The arbitrator shall begin arbitration proceedings on or before [March 1] February 15 of an odd-numbered year or any later date set by agreement of the parties.
[4.] 3. The arbitrator and the parties shall apply and follow the procedures for arbitration that are prescribed by any rules adopted by the Board pursuant to NRS 288.110. During arbitration, the parties retain their respective duties to negotiate in good faith.
[5.] 4. The arbitrator may administer oaths or affirmations, take testimony and issue and seek enforcement of a subpoena in the same manner as the Board pursuant to NRS 288.120, and, except as otherwise provided in subsection [7,] 6, the provisions of NRS 288.120 apply to any subpoena issued by the arbitrator.
[6.] 5. The arbitrator shall render a decision on or before March [15] 5 of an odd-numbered year or any later date set by agreement of the parties.
[7.] 6. The Executive Department and the exclusive representative shall each pay one-half of the cost of arbitration.
Sec. 3.5. 1. There is hereby appropriated from the State General Fund to the Division of Human Resource Management of the Department of Administration the sum of $20,000 for costs relating to the prescheduling of arbitrations and mediations as required pursuant to 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, 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. 4. 1. This section and sections 1, 2 and 3 of this act become effective on July 1, 2023.
2. Section 3.5 of this act becomes effective on July 1, 2024.
________
κ2023 Statutes of Nevada, Page 2988κ
Assembly Bill No. 396Committee on Ways and Means
CHAPTER 487
[Approved: June 15, 2023]
AN ACT making appropriations to Clark County and the Cities of Reno and Sparks for programs for rental assistance to certain persons; 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 Clark County for programs for rental assistance to persons who are elderly, persons with disabilities and families or persons facing an unanticipated emergency, the following sums:
For the Fiscal Year 2023-2024................................................. $6,000,000
For the Fiscal Year 2024-2025................................................. $6,000,000
2. Upon acceptance of the money appropriated by subsection 1, the County Manager of Clark County agrees to:
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 20, 2024, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by Clark County through December 1, 2024;
(b) Prepare and transmit a final report to the Interim Finance Committee on or before September 19, 2025, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by Clark County through June 30, 2025; and
(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of Clark County, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.
3. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2024, and September 19, 2025, respectively, by either the
κ2023 Statutes of Nevada, Page 2989 (CHAPTER 487, AB 396)κ
entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
Sec. 1.5. 1. There is hereby appropriated from the State General Fund to the City of Reno for programs for rental assistance to persons who are elderly, persons with disabilities and families or persons facing an unanticipated emergency, the following sums:
For the Fiscal Year 2023-2024................................................. $1,500,000
For the Fiscal Year 2024-2025................................................. $1,500,000
2. Upon acceptance of the money appropriated by subsection 1, the City Manager of the City of Reno agrees to:
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 20, 2024, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the City of Reno through December 1, 2024;
(b) Prepare and transmit a final report to the Interim Finance Committee on or before September 19, 2025, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the City of Reno through June 30, 2025; and
(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the City of Reno, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.
3. 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. 1.7. 1. There is hereby appropriated from the State General Fund to the City of Sparks for programs for rental assistance to persons who are elderly, persons with disabilities and families or persons facing an unanticipated emergency, the following sums:
For the Fiscal Year 2023-2024................................................. $1,500,000
For the Fiscal Year 2024-2025................................................. $1,500,000
2. Upon acceptance of the money appropriated by subsection 1, the City Manager of the City of Sparks agrees to:
κ2023 Statutes of Nevada, Page 2990 (CHAPTER 487, AB 396)κ
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 20, 2024, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the City of Sparks through December 1, 2024;
(b) Prepare and transmit a final report to the Interim Finance Committee on or before September 19, 2025, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the City of Sparks through June 30, 2025; and
(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the City of Sparks, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.
3. 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 2991κ
Assembly Bill No. 391Committee on Government Affairs
CHAPTER 488
[Approved: June 15, 2023]
AN ACT relating to public works; authorizing a local government to enter into a prehire agreement for a public work; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law sets forth a process for a local government to award a contract for a public work. (NRS 338.1385) This bill authorizes a local government to enter into a prehire agreement for a public work. Any such prehire agreement may contain a preference for hiring labor on the public work to local residents who reside: (1) within the jurisdiction of the local government; (2) within a certain specified distance of the jurisdiction of the local government; or (3) within a certain geographic area within the jurisdiction of the local government. This authority does not apply if any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work. This bill also clarifies that this authority shall not be construed to authorize a contractor on a public work to pay any worker on the public work less than the applicable prevailing wage.
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 338 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 2, a local government sponsoring or financing a public work may enter into a prehire agreement for the public work. Any such prehire agreement may contain a preference for hiring labor on the public work to local residents who possess a valid drivers license or identification card issued by the Department of Motor Vehicles or other proof of current address which indicates that the person resides:
(a) Within the jurisdiction of the local government;
(b) Within a certain specified distance of the jurisdiction of the local government, as provided by the local government sponsoring or financing the public work; or
(c) Within a certain geographic area within the jurisdiction of the local government.
2. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of subsection 1, those provisions do not apply insofar as their application would preclude or reduce federal assistance.
3. Nothing in this section shall be construed to authorize a contractor on a public work to pay any worker on the public work less than the applicable prevailing wage required pursuant to NRS 338.020 to 338.090, inclusive.
Secs. 2-5. (Deleted by amendment.)
κ2023 Statutes of Nevada, Page 2992 (CHAPTER 488, AB 391)κ
Sec. 6. 1. The amendatory provisions of this act apply to a public work for which bids are first advertised by a local government after the effective date of this act.
2. As used in this section, local government and public work have the meanings ascribed to them in NRS 338.010.
Sec. 7. (Deleted by amendment.)
Sec. 8. This act becomes effective upon passage and approval.
________
Assembly Bill No. 389Committee on Health and Human Services
CHAPTER 489
[Approved: June 15, 2023]
AN ACT relating to Medicaid; requiring the Medicaid program to provide certain coverage for certain persons who are incarcerated; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Department of Health and Human Services to administer Medicaid. (NRS 422.270) Existing law requires the Department to authorize a person who is incarcerated to apply for enrollment in Medicaid up to 6 months before the person is scheduled to be released from incarceration. Under existing law, such enrollment is effective immediately upon release. (NRS 422.27487) Existing federal law prohibits federal funding to provide coverage under Medicaid to incarcerated persons. (42 U.S.C. § 1396d(a)(31)(A)) Existing federal law authorizes a state to apply for a waiver of certain provisions of federal law governing Medicaid for the purpose of an experimental, pilot or demonstration project. (42 U.S.C. § 1315) Section 1 of this bill requires the Director of the Department to apply for such a waiver for the purpose of providing under Medicaid coverage of certain services for incarcerated youths and incarcerated persons with certain health conditions for not more than 90 days before the scheduled release of such persons. Sections 1 and 4.5 of this bill require the screening of incarcerated persons to determine eligibility for such coverage. Section 4 of this bill makes a conforming change to indicate that the provisions of section 1 will be administered in the same manner as the provisions of existing law governing the State Plan for Medicaid. Sections 2 and 3 of this bill make conforming changes to reflect the eligibility of certain incarcerated persons for Medicaid pursuant to section 1. Sections 1.5 and 2.5 of this bill make conforming changes to reflect that federal law requires services provided under a federal waiver to be included in a waiver document that is separate from the State Plan for Medicaid.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Director shall, to the extent that federal financial participation is available, include under Medicaid coverage for limited services for persons described in subsection 2 who are incarcerated, for not more than 90 days before the scheduled release of such persons.
κ2023 Statutes of Nevada, Page 2993 (CHAPTER 489, AB 389)κ
persons described in subsection 2 who are incarcerated, for not more than 90 days before the scheduled release of such persons. Such services must include, without limitation:
(a) Case management;
(b) Consultations with providers of physical and behavioral health care;
(c) Laboratory and radiology services;
(d) Prescription drugs, including, without limitation, medication-assisted treatment; and
(e) The services of a community health worker.
2. A person is eligible for the coverage described in subsection 1 if the person would otherwise be eligible for Medicaid if he or she were not incarcerated and:
(a) Is under 18 years of age;
(b) Has been diagnosed with:
(1) A mental illness;
(2) Substance use disorder;
(3) A chronic disease or other significant disease;
(4) An intellectual disability;
(5) A developmental disability;
(6) A traumatic brain injury; or
(7) Human immunodeficiency virus; or
(c) Is pregnant or not more than 12 weeks postpartum.
3. The Department shall apply to the Secretary of Health and Human Services for a waiver granted pursuant to 42 U.S.C. § 1315 that authorizes the Department to receive federal funding to provide the coverage required by this section. The Department shall fully cooperate in good faith with the Federal Government during the application process to satisfy the requirements of the Federal Government for obtaining a waiver pursuant to this section.
4. If the Secretary of Health and Human Services grants the waiver applied for pursuant to subsection 3, the Department of Corrections shall coordinate with the Department of Health and Human Services on an ongoing basis to ensure persons described in subsection 2 who are incarcerated are screened and identified for eligibility to receive the coverage described in subsection 1.
5. As used in this section:
(a) Chronic disease means a health condition or disease which presents for a period of 3 months or more or is persistent, indefinite or incurable.
(b) Community health worker has the meaning ascribed to it in NRS 449.0027.
(c) Developmental disability has the meaning ascribed to it in NRS 433.069.
(d) Intellectual disability has the meaning ascribed to it in NRS 433.099.
(e) Medication-assisted treatment means treatment for an opioid use disorder using medication approved by the United States Food and Drug Administration for that purpose.
κ2023 Statutes of Nevada, Page 2994 (CHAPTER 489, AB 389)κ
(f) Mental illness means any mental dysfunction leading to the impaired ability of a person to maintain himself or herself and to function effectively in his or her life situation without external support.
(g) Traumatic brain injury means a sudden shock or damage to the brain or its coverings which is not of a degenerative nature and produces an altered state of consciousness or temporarily or permanently impairs the mental, cognitive, behavioral or physical functioning of the brain. The term does not include:
(1) A cerebral vascular accident;
(2) An aneurism; or
(3) A congenital defect.
Sec. 1.5. NRS 422.27248 is hereby amended to read as follows:
422.27248 1. The Department shall apply to the Secretary of Health and Human Services for a waiver granted pursuant to 42 U.S.C. § 1315 that authorizes the Department to receive federal funding to [include in the State Plan for Medicaid] provide coverage under Medicaid for the treatment of the substance use disorder of a person who is in an institution for mental diseases.
2. The Department may apply to the Secretary of Health and Human Services for a waiver granted pursuant to 42 U.S.C. § 1315 that authorizes the Department to receive federal funding to [include in the State Plan for Medicaid] provide coverage under Medicaid for the treatment of an adult with a serious mental illness or a child with a serious emotional disturbance in an institution for mental diseases.
3. The Department shall cooperate with the Federal Government in obtaining:
(a) A waiver pursuant to subsection 1; and
(b) Any waiver for which the Department applies pursuant to subsection 2.
4. As used in this section:
(a) Adult with a serious mental illness means a person who is at least 18 years of age and has been diagnosed within the immediately preceding 12 months as having a mental, behavioral or emotional disorder as defined in the most recent version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, other than an addictive disorder, intellectual or developmental disability, irreversible dementia or a substance use disorder, which interferes with or limits one or more major life activities of the person.
(b) Child with a serious emotional disturbance means a person who is less than 18 years of age and has been diagnosed within the immediately preceding 12 months as having a mental, behavioral or emotional disorder as defined in the most recent version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, other than a disorder designated as a Code V disorder in the Manual, a developmental disability or a substance use disorder, which substantially interferes with or limits the person from developing social, behavioral, cognitive, communicative or adaptive skills or his or her activities relating to family, school or community. The term does not include a person with a disorder which is temporary or is an expected response to a stressful event.
κ2023 Statutes of Nevada, Page 2995 (CHAPTER 489, AB 389)κ
(c) Developmental disability has the meaning ascribed to it in NRS 435.007.
(d) Institution for mental diseases has the meaning ascribed to it in 42 U.S.C. § 1396d(i).
(e) Intellectual disability has the meaning ascribed to it in NRS 435.007.
Sec. 2. NRS 422.27487 is hereby amended to read as follows:
422.27487 1. To the extent not prohibited by federal law, the Department shall:
(a) Suspend, rather than terminate, the eligibility for Medicaid of a person who is incarcerated for the amount of time authorized by regulation pursuant to subsection 2;
(b) Authorize a person who is incarcerated and was not eligible for Medicaid before being incarcerated or whose eligibility for Medicaid has been terminated to apply up to 6 months before his or her scheduled release for enrollment in Medicaid immediately upon release [;] , except where such a person is authorized to enroll earlier pursuant to section 1 of this act; and
(c) Reinstate or institute, as applicable, eligibility for and coverage under Medicaid for a person described in paragraph (a) or (b) as soon as possible upon his or her release from incarceration if the person otherwise meets the requirements to be eligible for Medicaid at that time.
2. The Department may adopt any regulations necessary to carry out the provisions of this section, including, without limitation, regulations that prescribe the amount of time that the eligibility for Medicaid of a person may be suspended pursuant to paragraph (a) of subsection 1 before being terminated.
Sec. 2.5. NRS 422.396 is hereby amended to read as follows:
422.396 1. The Department, through a division of the Department designated by the Director, shall establish and administer a program to provide community-based services necessary to enable a person with a physical disability to remain in his or her home or with his or her family and avoid placement in a facility for long-term care. The Department shall coordinate the provision of community-based services pursuant to this section.
2. The Department shall apply to the Secretary of Health and Human Services for a waiver granted pursuant to 42 U.S.C. § 1396n(c) or apply for an amendment to the State Plan for Medicaid that authorizes [the Department to amend the State Plan for Medicaid adopted by the Department pursuant to NRS 422.063 in order to authorize] the Department to include as medical assistance under [the State Plan] Medicaid the following services for persons with physical disabilities:
(a) Respite care;
(b) Habilitation;
(c) Residential habilitation;
(d) Environmental modifications;
(e) Supported living;
(f) Supported living habilitation;
(g) Supported personal care; and
(h) Any other community-based services approved by the Secretary of Health and Human Services.
Κ The Department shall cooperate with the Federal Government in obtaining a waiver or amendment pursuant to this subsection.
κ2023 Statutes of Nevada, Page 2996 (CHAPTER 489, AB 389)κ
3. The Department may use personnel of the Department or it may contract with any appropriate public or private agency, organization or institution to provide the community-based services necessary to enable a person with a physical disability to remain in his or her home or with his or her family and avoid placement in a facility for long-term care.
4. A contract entered into with a public or private agency, organization or institution pursuant to subsection 3 must:
(a) Include a description of the type of service to be provided;
(b) Specify the price to be paid for each service and the method of payment; and
(c) Specify the criteria to be used to evaluate the provision of the service.
5. The Department shall adopt regulations necessary to carry out the provisions of this section, including, without limitation, the criteria to be used in determining eligibility for the services provided pursuant to the program. Before adopting regulations pursuant to this section, the Department shall solicit comments from persons with a variety of disabilities and members of the families of those persons.
6. As used in this section, person with a physical disability means a person with a severe physical disability that substantially limits his or her ability to participate and contribute independently in the community in which the person lives.
Sec. 3. NRS 209.511 is hereby amended to read as follows:
209.511 1. Before an offender is released from prison by expiration of his or her term of sentence, by pardon or parole, the Director may provide mediation services to the offender and the family members and friends of the offender who provide emotional, psychological and financial support to the offender.
2. As soon as practicable after an offender is authorized to apply for enrollment in Medicaid pursuant to NRS 422.27487 [,] or section 1 of this act, the Director shall complete the paperwork for the application if the offender may be eligible for Medicaid :
(a) Not more than 90 days before the scheduled release of the offender pursuant to section 1 of this act; or
(b) Immediately upon the scheduled release [.] of the offender pursuant to NRS 422.27487.
3. Not later than 3 months before an offender is projected to be released from prison by expiration of his or her term of sentence, by pardon or parole, the Director may, if space is available, provide an eligible offender with one or more evidence-based or promising practice reentry programs to obtain employment, including, without limitation, any programs which may provide bonding for an offender entering the workplace and any organizations which may provide employment or bonding assistance to such a person.
4. When an offender is released from prison by expiration of his or her term of sentence, by pardon or by parole, the Director:
(a) May furnish the offender with a sum of money not to exceed $100, the amount to be based upon the offenders economic need as determined by the Director;
(b) Shall give the offender notice of the provisions of chapter 179C of NRS and NRS 202.357 and 202.360;
κ2023 Statutes of Nevada, Page 2997 (CHAPTER 489, AB 389)κ
(c) Shall require the offender to sign an acknowledgment of the notice required in paragraph (b);
(d) Shall give the offender notice of the provisions of NRS 179.245 and the provisions of NRS 213.090, 213.155 or 213.157, as applicable;
(e) Shall provide the offender with a photo identification card issued by the Department and information and reasonable assistance relating to acquiring a valid drivers license or identification card to enable the offender to obtain employment, if the offender:
(1) Requests a photo identification card;
(2) Requests such information and assistance and is eligible to acquire a valid drivers license or identification card from the Department of Motor Vehicles; or
(3) Is not currently in possession of a photo identification card;
(f) Shall provide the offender with clothing suitable for reentering society;
(g) Shall provide the offender with the cost of transportation to his or her place of residence anywhere within the continental United States, or to the place of his or her conviction;
(h) If appropriate, shall release the offender to a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS;
(i) Shall require the offender to submit to at least one test for exposure to the human immunodeficiency virus;
(j) If the offender is eligible for Medicare, shall complete enrollment application paperwork for the offender; and
(k) If the offender was receiving a prescribed medication while in custody, shall ensure that the offender is provided with a 30-day supply of any such prescribed medication.
5. The Director shall not provide an offender with a photo identification card pursuant to paragraph (e) of subsection 4 unless the photo identification card clearly indicates whether the Director:
(a) Has verified the full legal name and age of the offender by obtaining an original or certified copy of the documents required by the Department of Motor Vehicles pursuant to NRS 483.290 or 483.860, as applicable, furnished as proof of the full legal name and age of an applicant for a drivers license or identification card; or
(b) Has not verified the full legal name and age of the offender pursuant to paragraph (a).
6. The costs authorized or required in paragraphs (a), (e), (f), (g), (i) and (k) of subsection 4 must be paid out of the appropriate account within the State General Fund for the use of the Department as other claims against the State are paid to the extent that the costs have not been paid in accordance with subsection 5 of NRS 209.221 and NRS 209.246.
7. The Director is encouraged to work with the Nevada Community Re-Entry Task Force established by the Governor pursuant to executive order, or its successor body, if any, to align statewide strategies for the reentry of offenders into the community and the implementation of those strategies.
8. As used in this section:
(a) Eligible offender means an offender who is:
(1) Determined to be eligible for reentry programming based on the Nevada Risk Assessment System instrument, or its successor risk assessment tool; and
κ2023 Statutes of Nevada, Page 2998 (CHAPTER 489, AB 389)κ
(2) Enrolled in:
(I) Programming services under a reentry program at a correctional facility which has staff designated to provide the services; or
(II) A community-based program to assist offenders to reenter the community.
(b) Facility for transitional living for released offenders has the meaning ascribed to it in NRS 449.0055.
(c) Photo identification card means a document which includes the name, date of birth and a color picture of the offender.
(d) Promising practice reentry program means a reentry program that has strong quantitative and qualitative data showing positive outcomes, but does not have sufficient research or replication to support recognition as an evidence-based practice.
Sec. 4. NRS 232.320 is hereby amended to read as follows:
232.320 1. The Director:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
(1) The Administrator of the Aging and Disability Services Division;
(2) The Administrator of the Division of Welfare and Supportive Services;
(3) The Administrator of the Division of Child and Family Services;
(4) The Administrator of the Division of Health Care Financing and Policy; and
(5) The Administrator of the Division of Public and Behavioral Health.
(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 1 of this act, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
κ2023 Statutes of Nevada, Page 2999 (CHAPTER 489, AB 389)κ
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. Notwithstanding any other provision of law, the Director, or the Directors designee, is responsible for appointing and removing subordinate officers and employees of the Department.
Sec. 4.5. If the Secretary of Health and Human Services grants a waiver pursuant to subsection 3 of section 1 of this act to authorize Medicaid to provide the coverage described in section 1 of this act, the Department of Corrections shall cooperate with the Department of Health and Human Services to evaluate incarcerated persons who may be released not later than 6 months after the date on which the waiver is approved to determine which of those persons may be eligible for and benefit from services covered under the waiver.
Sec. 5. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 4.5, 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 3000κ
Assembly Bill No. 388Assemblyman Yeager
CHAPTER 490
[Approved: June 15, 2023]
AN ACT making an appropriation to the Department of Sentencing Policy for the purpose of funding certain grants awarded by Nevada Local Justice Reinvestment Coordinating Council; 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 Department of Sentencing Policy the sum of $3,000,000 for the purpose of funding grants relating to reducing recidivism awarded by the Nevada Local Justice Reinvestment Coordinating Council created pursuant to NRS 176.014 to local governments and nonprofit organizations.
2. Upon acceptance of the money appropriated by subsection 1, the local government or nonprofit organization agrees to:
(a) Prepare and transmit a report to the Interim Finance Committee on or before December 20, 2024, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the local government or nonprofit organization through December 1, 2024;
(b) Prepare and transmit a final report to the Interim Finance Committee on or before September 19, 2025, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the local government or nonprofit organization through June 30, 2025; and
(c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the local government or nonprofit organization, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.
3. 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 on July 1, 2023.
________
κ2023 Statutes of Nevada, Page 3001κ
Assembly Bill No. 428Committee on Revenue
CHAPTER 491
[Approved: June 15, 2023]
AN ACT relating to economic development; requiring the State Treasurer to establish a tuition reimbursement program; creating the Nevada Grown Educator Account to fund the tuition reimbursement program; revising the membership of the Board of Economic Development; requiring the Governors Office of Workforce Innovation within the Department of Employment, Training and Rehabilitation to establish and administer a Career Pathways Demonstration Program; requiring the Governors Office of Workforce Innovation to establish a program for work-based learning opportunities outside of school; requiring the Superintendent of Public Instruction to develop a strategic plan for the recruitment of teachers and other licensed educational personnel; requiring large school districts and authorizing other school districts to offer a Teacher Academy College Pathway Program; revising the membership of the Commission on Professional Standards in Education; requiring the Commission to adopt certain regulations concerning the licensing of teachers and other educational personnel; authorizing a school district or governing body of a charter school or university school for profoundly gifted pupils to compensate a student who is assigned for training purposes as a student teacher, counselor, student social worker or trainee in a library; authorizing a school district and the governing body of a charter school to provide certain professional development training; authorizing the Board of Regents of the University of Nevada to enter into certain agreements and establish a program to provide information regarding admissions to certain pupils; making appropriations; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Governors Office of Workforce Innovation within the Department of Employment, Training and Rehabilitation and prescribes the duties of the Office and its Executive Director, which include, without limitation, defining career pathways and identifying priority career pathways for secondary and postsecondary education. (NRS 232.965, 232.975) Section 2.4 of this bill requires the Governors Office of Workforce Innovation to establish and administer a Career Pathways Demonstration Program. Section 2.4 requires the Office to identify not more than three priority industries, including K-12 education, for the development and implementation of career pathways and to take certain steps to implement the Program, including, without limitation, establishing measurable objectives for the outcomes of the Program and implementing a competitive process to select proposals for career pathway projects. Section 2.4 establishes requirements for proposals for career pathway projects selected by the Office. Section 7 of this bill requires the Governors Office of Workforce Innovation to submit certain reports regarding the status of the Career Pathways Demonstration Program. Section 12 of this bill provides that the provisions of section 2.4 governing the Career Pathways Demonstration Program expire on June 30, 2028. Section 6.5 of this bill makes an appropriation to the Office for costs associated with the Career Pathways Demonstration Program. Section 6.5 also makes an appropriation to the Department of Education for: (1) certain costs associated with an interim study concerning the Praxis II and pedagogy examinations required by section 8 of this bill; and (2) other costs associated with the implementation of this bill, including, without limitation, personnel and travel costs.
κ2023 Statutes of Nevada, Page 3002 (CHAPTER 491, AB 428)κ
of Education for: (1) certain costs associated with an interim study concerning the Praxis II and pedagogy examinations required by section 8 of this bill; and (2) other costs associated with the implementation of this bill, including, without limitation, personnel and travel costs. Section 2.5 of this bill requires the Governors Office of Workforce Innovation to establish a program for work-based learning opportunities outside of school for pupils enrolled in grades 7 to 12, in coordination with the Department of Education. Section 2.7 of this bill makes a conforming change to indicate the proper placement of sections 2.4 and 2.5 in the Nevada Revised Statutes.
Existing law creates the Board of Economic Development, which is required to review and make recommendations on various aspects of economic development in Nevada. (NRS 231.033, 231.037) Section 2 of this bill adds the Superintendent of Public Instruction as a nonvoting member of the Board.
Existing law prescribes the duties of the Superintendent of Public Instruction. (NRS 385.175) Section 2.9 of this bill requires the Superintendent to develop a strategic plan for the recruitment of teachers and other licensed educational personnel and establishes requirements for the contents of the strategic plan.
Section 3 of this bill requires each large school district, meaning a school district in this State which has more than 100,000 pupils enrolled in its public schools (currently only the Clark County School District), to offer a Teacher Academy College Pathway Program at every high school in the school district with 250 or more pupils enrolled to enable pupils in grades 9 to 12 to prepare for employment in professions in K-12 education and authorizes a large school district to offer the Program at high schools with fewer than 250 pupils. Section 3 authorizes a school district which is not a large school district to offer the Program at high schools in the school district. Section 3 requires a large school district and other school districts which offer the Program to take certain actions to implement the Program. Section 3 requires the State Board of Education to adopt regulations prescribing the curriculum for the Program and authorizes the State Board to adopt other necessary regulations.
Section 1.7 of this bill requires the State Treasurer to establish a program to provide reimbursement for tuition charges, registration fees, laboratory fees and any other mandatory fees paid to an institution within the Nevada System of Higher Education by a person who completed the Teacher Academy College Pathway Program and who worked as a full-time, licensed teacher for at least 3 consecutive school years at a public school in this State. Section 1.7 authorizes the State Treasurer to provide partial reimbursement for such tuition charges and fees to a person who completed the Teacher Academy College Pathway Program and who has worked as a full-time, licensed teacher for 1 year or 2 consecutive years. Section 1.9 of this bill creates the Nevada Grown Educator Account and requires the money in the Account to be used to carry out the program established pursuant to section 1.7. Section 6.7 of this bill makes an appropriation to the Account.
Existing law: (1) creates the Commission on Professional Standards in Education to prescribe qualifications for the licensure of teachers and other educational personnel; and (2) provides that the Commission consists of 11 members who are appointed by the Governor, including a person who has expertise and experience in the operation of a business. (NRS 391.011, 391.019) Section 3.1 of this bill: (1) removes the member who has expertise and experience in the operation of a business; and (2) adds three members, including the dean of the School of Education at Nevada State College or a representative of the Teacher Education Program at Great Basin College, as well as two human resources professionals from school districts of different enrollment sizes. Section 3.2 of this bill makes a conforming change to refer to provisions that have been renumbered by section 3.1.
Existing law requires the Commission to adopt regulations prescribing the qualifications for licensing teachers and other educational personnel, including regulations governing examinations for the initial licensing of teachers and other educational personnel and the procedures for the issuance and renewal of those licenses. (NRS 391.019, 391.021) Section 3.4 of this bill requires the Commission to adopt regulations that authorize an applicant to be exempt from any requirement to pass a competency test in basic reading, writing and mathematics, as prescribed by the Commission, if the applicant completes a course of study approved by the Department of Education with a grade of B or better in each subject area of the competency test that the applicant previously did not pass.
κ2023 Statutes of Nevada, Page 3003 (CHAPTER 491, AB 428)κ
the Commission, if the applicant completes a course of study approved by the Department of Education with a grade of B or better in each subject area of the competency test that the applicant previously did not pass.
Existing law requires the Commission to adopt regulations prescribing course work on parental involvement and family engagement and multicultural education. (NRS 391.019, 391.0347) Sections 3.3 and 3.6 of this bill require the Commission to establish standards for professional development training which may be used to satisfy such course work requirements. Section 3.8 of this bill requires a school district and the governing body of a charter school to provide professional development training on: (1) parental involvement and family engagement in accordance with the standards adopted by the Commission; and (2) multicultural education in accordance with the standards adopted by the Commission. Section 3.8 requires that such training be provided at no cost to the employee. Section 3.9 of this bill makes a conforming change to indicate the proper placement of section 3.8 in the Nevada Revised Statutes.
Existing law requires the Commission to adopt regulations which provide for the issuance of provisional licenses to teachers and other educational personnel before completion of all courses of study or other requirements for a license in this State. (NRS 391.032) Section 3.5 of this bill requires the Commission to adopt regulations that require the Superintendent of Public Instruction to issue a provisional license to teach if a person has graduated with a bachelors degree or higher and is awaiting conferment of the degree and is otherwise qualified for a license.
Existing law requires the Board of Regents of the University of Nevada to establish a program of student teaching and practicum which allows students to be assigned to a school district as student teachers, counselors or trainees in a library. (NRS 396.519) Existing law authorizes school districts to enter into agreements with certain institutions of higher education for the assignment of students to schools as student teachers, counselors or trainees in a library. (NRS 391.095) Section 3.7 of this bill authorizes: (1) a governing body of a charter school or university school for profoundly gifted pupils to similarly enter into such agreements; and (2) a school district or governing body of a charter school or university school for profoundly gifted pupils to compensate a student who is assigned within the school district for training purposes as a student teacher, counselor, student social worker or trainee in a library.
Section 5 of this bill authorizes the Board of Regents of the University of Nevada to: (1) enter into an agreement with a school district to assist in the implementation of the Teacher Academy College Pathway Program; and (2) establish a program to identify pupils who have completed the Teacher Academy College Pathway Program, or who are expected to complete the Program by the end of grade 12, and who wish to apply for admission to an institution within the Nevada System of Higher Education, and inform such pupils of the institutions within the System where such pupils may qualify for admission.
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. 1.5. Chapter 226 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.7 and 1.9 of this act.
Sec. 1.7. 1. The State Treasurer shall establish by regulation a program to provide reimbursement for tuition charges, registration fees, laboratory fees and any other mandatory fees paid to an institution within the Nevada System of Higher Education by a person who:
(a) Completed a Teacher Academy College Pathway Program offered pursuant to section 3 of this act; and
κ2023 Statutes of Nevada, Page 3004 (CHAPTER 491, AB 428)κ
(b) Except as otherwise provided in subsection 3, has worked as a full-time, licensed teacher at a public school in this State for at least 3 consecutive school years.
2. The program may not provide reimbursement for any tuition charge, registration fee, laboratory fee or any other mandatory fee which was paid or otherwise provided for through a scholarship, financial aid, waiver or similar financial assistance.
3. The State Treasurer may provide partial reimbursement of tuition charges, registration fees, laboratory fees and any other mandatory fees paid by a person who completed a Teacher Academy College Pathway Program offered pursuant to section 3 of this act and who has worked as a full-time, licensed teacher at a public school in this State for 1 year or 2 consecutive years in an amount not to exceed, for each year of service at a public school in this State, one-third of the total tuition charges, registration fees, laboratory fees and any other mandatory fees paid by the person to an institution within the Nevada System of Higher Education which are subject to reimbursement pursuant to this section and the regulations adopted pursuant thereto.
Sec. 1.9. 1. The Nevada Grown Educator Account is hereby created in the State General Fund. The Account must be administered by the State Treasurer.
2. The money in the Account must be used to carry out the program established pursuant to section 1.7 of this act.
3. The State Treasurer may apply for and accept any donation, gift, grant, bequest or other source of money for deposit in the Account.
4. The interest and income earned on money in the Account, after deducting any applicable charges, must be credited to the Account.
5. Any money in the Account remaining at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
Sec. 2. NRS 231.033 is hereby amended to read as follows:
231.033 1. There is hereby created the Board of Economic Development, consisting of:
(a) The following voting members:
(1) The Governor;
(2) The Lieutenant Governor;
(3) The Secretary of State; and
(4) Six members who must be selected from the private sector and appointed as follows:
(I) Three members appointed by the Governor;
(II) One member appointed by the Speaker of the Assembly;
(III) One member appointed by the Majority Leader of the Senate; and
(IV) One member appointed by the Minority Leader of the Assembly or the Minority Leader of the Senate. The Minority Leader of the Senate shall appoint the member for the initial term, the Minority Leader of the Assembly shall appoint the member for the next succeeding term, and thereafter, the authority to appoint the member for each subsequent term alternates between the Minority Leader of the Assembly and the Minority Leader of the Senate.
κ2023 Statutes of Nevada, Page 3005 (CHAPTER 491, AB 428)κ
(b) The following nonvoting members:
(1) The Chancellor of the Nevada System of Higher Education or his or her designee;
(2) The Superintendent of Public Instruction or his or her designee;
(3) The Director of the Department of Business and Industry; and
[(3)] (4) The Director of the Department of Employment, Training and Rehabilitation.
2. In appointing the members of the Board described in subsection 1, the appointing authorities shall coordinate the appointments when practicable so that the members of the Board represent the diversity of this State, including, without limitation, different strategically important industries, different geographic regions of this State and different professions.
3. The Governor shall serve as the Chair of the Board.
4. Except as otherwise provided in this subsection, the members of the Board appointed pursuant to subparagraph (4) of paragraph (a) of subsection 1 are appointed for terms of 4 years. The initial members of the Board shall by lot select three of the initial members of the Board appointed pursuant to subparagraph (4) of paragraph (a) of subsection 1 to serve an initial term of 2 years.
5. The Governor, the Lieutenant Governor or the Secretary of State may designate a person to serve as a member of the Board for the Governor, Lieutenant Governor or Secretary of State, respectively. Any person designated to serve pursuant to this subsection shall serve for the term of the officer appointing him or her and serves at the pleasure of that officer. If the Governor designates a person to serve on his or her behalf, that person shall serve as the Chair of the Board. Vacancies in the appointed positions on the Board must be filled by the appointing authority for the unexpired term.
6. The Executive Director shall serve as the nonvoting Secretary of the Board.
7. A majority of the voting members of the Board constitutes a quorum, and the affirmative vote of a majority of the voting members of the Board is required to exercise any power conferred on the Board.
8. The Board shall meet at least once each quarter but may meet more often at the call of the Chair or a majority of the voting members of the Board.
9. The members of the Board serve without compensation but are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the official business of the Board.
Sec. 2.3. Chapter 232 of NRS is hereby amended by adding thereto the provisions of sections 2.4 and 2.5 of this act.
Sec. 2.4. 1. The Governors Office of Workforce Innovation shall establish and administer a Career Pathways Demonstration Program to develop and implement career pathways that will enable students to prepare for employment in professions which serve the long-term needs of this State. The Office shall identify not more than three priority industries, including, without limitation, K-12 education, for the development and implementation of career pathways as part of the Program.
κ2023 Statutes of Nevada, Page 3006 (CHAPTER 491, AB 428)κ
2. In implementing the Program, the Office shall:
(a) Establish clear, measurable objectives for the outcomes of the Program which are aligned with the State Plan for Economic Development developed by the Executive Director of the Office of Economic Development within the Office of the Governor pursuant to subsection 2 of NRS 231.053, including, without limitation, targets based on reliable data concerning:
(1) The number of persons entering the career pathway;
(2) The number and percentage of persons completing distinct phases of the career pathway, as marked by earning course credit or a credential, certificate or other recognized documentation showing progression in the career pathway;
(3) The number and percentage of participants in a career pathway who obtain high-quality employment in the target industry; and
(4) The number and percentage of participants in a career pathway employed for at least 2 years in the target industry.
(b) Rely on economic and workforce development data to inform decision-making, including, without limitation:
(1) Estimates of the number of high-quality jobs that will be required in this State in the next 5 to 10 years;
(2) Projected workforce capacity in relation to the estimates pursuant to subparagraph (1);
(3) The number and capacity of existing industry-aligned career pathway programs;
(4) Enrollment, participation and completion rates for industry-aligned career pathway programs;
(5) Credentialing rates or other industry-aligned indicators of workforce readiness;
(6) Industry-aligned, skill-based employee retention rates;
(7) The demographic information of the participants in the Program, including, without limitation, race, gender and enrollment at a Title I school; and
(8) Other relevant data available through the statewide longitudinal data system maintained by the Executive Director of the Office pursuant to NRS 232.975.
(c) Collaborate with school districts, the Nevada System of Higher Education, regional development authorities and representatives from priority industries.
(d) Establish criteria for evaluating the performance of career pathway projects and the entities that assist in the development and implementation of career pathway projects, including, without limitation, the Department of Education, school districts, the Nevada System of Higher Education, regional development authorities and representatives from priority industries.
3. The Office shall develop and implement a competitive process to select proposals for career pathway projects. Each proposal for a career pathway project selected by the Office must incorporate best practices for career pathway design and address, without limitation:
(a) The types of high-quality jobs which the career pathway project will prepare students for, based on a definition of high-quality job which shall be developed and promulgated by the Office.
κ2023 Statutes of Nevada, Page 3007 (CHAPTER 491, AB 428)κ
(b) The educational opportunities that the project will offer to K-12 pupils and students of the Nevada System of Higher Education which may include, without limitation:
(1) Early exposure to career options for pupils in elementary, junior high or middle school;
(2) Multiple entry points into the career pathway;
(3) Meaningful, practice-based learning opportunities aligned to the career pathway and the workforce priorities within the target industry, including, without limitation, paid work-based learning opportunities;
(4) Opportunities for students to receive credentials aligned to the skills and experience needed for employment in the target industry; and
(5) Work-based learning opportunities that may be eligible for exemption from federal laws and regulations from which exemptions are available for work-based learning programs for pupils.
(c) The practices that will be implemented to recruit students for the career pathway, including, without limitation, practices that will foster equity and the inclusion in the career pathway of students from historically underserved communities.
(d) The types of early career guidance, incentives and support that will be offered to participants in the career pathway, which may include, without limitation:
(1) Employment opportunities for students who participate in the career pathway, including, without limitation, employer commitments to recruiting students who successfully obtain the qualifications for employment through the career pathway;
(2) Professional support and development opportunities for participants early in their career in the target industry, including, without limitation, mentoring; and
(3) Financial incentives which eliminate or substantially reduce financial barriers to entry into professions in the target industry.
(e) The roles and responsibilities of the persons necessary to develop and implement the career pathway, which may include, without limitation:
(1) Program staff;
(2) School districts and the Nevada System of Higher Education;
(3) Regional development authorities; and
(4) Representatives from the target industries.
(f) The financial plan for the career pathway project, including, without limitation:
(1) The projected 5-year budget for the career pathway project;
(2) Existing funding sources for the career pathway project and the amount of funding that the person submitting the proposal will allocate to the project;
(3) Anticipated funding sources for the career pathway project; and
(4) Any additional funding necessary to implement the career pathway project which is not addressed by the existing funding sources.
(g) The goals and anticipated outcomes of the career pathway project, including, without limitation:
(1) The target number of total participants in the career pathway project;
κ2023 Statutes of Nevada, Page 3008 (CHAPTER 491, AB 428)κ
(2) The target number of participants who will successfully complete each stage of the career pathway, as marked by earning course credit or a credential, certificate or other recognized documentation showing progression in the career pathway; and
(3) The target number of participants who will complete the career pathway, regardless of their entry point into the career pathway.
4. The Office may enter into an agreement with the Department of Education to administer the Teacher Academy College Pathway Program offered pursuant to section 3 of this act. Such an agreement may require the Department of Education to administer any local, state or federal funding appropriated or otherwise available to implement the Teacher Academy College Pathway Program.
5. As used in this section, career pathway means a series of structured and connected educational opportunities designed to help a person enter or advance within a given occupation or industry sector.
Sec. 2.5. 1. The Governors Office of Workforce Innovation shall, in coordination with the Department of Education, establish a program to provide paid and unpaid work-based learning opportunities outside of school for pupils enrolled in grades 7 to 12, inclusive.
2. The program must:
(a) Allow pupils involved in work-based learning opportunities to receive elective course credit for the learning opportunities;
(b) Establish criteria to evaluate the program for work-based learning opportunities;
(c) Outline any communication or collaboration needed between the Governors Office of Workforce Innovation, the Department of Education and the board of trustees of a school district to implement the program for work-based learning opportunities;
(d) Establish basic requirements for a person or organization to participate in the program for work-based learning opportunities, including, without limitation, conducting background checks on appropriate personnel and providing minimum standards for accountability; and
(e) Provide a process for the receipt of credits earned through the program for work-based learning opportunities in the school in which the pupil is enrolled.
3. The Governors Office of Workforce Innovation may cooperate with the Department of Education and the Board of Regents of the University of Nevada to enable pupils to earn up to 12 units of dual credit for approved work-based learning opportunities.
Sec. 2.7. NRS 232.900 is hereby amended to read as follows:
232.900 As used in NRS 232.900 to 232.980, inclusive, and sections 2.4 and 2.5 of this act, unless the context otherwise requires:
1. Department means the Department of Employment, Training and Rehabilitation.
2. Director means the Director of the Department.
Sec. 2.9. NRS 385.175 is hereby amended to read as follows:
385.175 The Superintendent of Public Instruction is the educational leader for the system of K-12 public education in this State. The Superintendent of Public Instruction shall:
κ2023 Statutes of Nevada, Page 3009 (CHAPTER 491, AB 428)κ
1. Execute, direct or supervise all administrative, technical and procedural activities of the Department in accordance with policies prescribed by the State Board.
2. Employ personnel for the positions approved by the State Board and necessary for the efficient operation of the Department.
3. Organize the Department in a manner which will assure efficient operation and service.
4. Maintain liaison and coordinate activities with other state agencies performing educational functions.
5. Enforce the observance of this title and all other statutes and regulations governing K-12 public education.
6. Request a plan of corrective action from the board of trustees of a school district or the governing body of a charter school if the Superintendent of Public Instruction determines that the school district or charter school, or any other entity which provides education to a pupil with a disability for a school district or charter school, has not complied with a requirement of this title or any other statute or regulation governing K-12 public education. The plan of corrective action must provide a timeline approved by the Superintendent of Public Instruction for compliance with the statute or regulation.
7. Report to the State Board on a regular basis the data on the discipline of pupils and trends in the data on the discipline of pupils collected pursuant to NRS 385A.840.
8. Develop a strategic plan for the recruitment of teachers and other licensed educational personnel which includes, without limitation:
(a) A strategy to decrease the processing times of applications for licensure pursuant to chapter 391 of NRS.
(b) A plan to provide for the translation of academic transcripts which are in a language other than English of applicants for licensure pursuant to chapter 391 of NRS. The Department shall post the process for the translation of academic transcripts on its Internet website.
9. Perform such other duties as are prescribed by law.
Sec. 3. Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Each large school district shall offer a Teacher Academy College Pathway Program at every high school in the school district with 250 or more pupils enrolled that will enable interested pupils in grades 9 to 12, inclusive, to prepare for employment in professions in K-12 education. A large school district may offer a Program at high schools with fewer than 250 pupils. A school district that is not a large school district may offer a Program at one or more high schools in the school district.
2. A large school district, and a school district that is not a large school district which elects to offer the Program, shall:
(a) Advertise the Program and the benefits of participation in the Program.
(b) Ensure each high school in the school district which offers such a Program is staffed by a full-time employee who is:
(1) A licensed teacher or administrator; and
(2) Responsible for implementing the Program at the school.
(c) Assess each pupil entering grade 9 who is or will be enrolled in a high school which offers such a Program and who is interested in participating in the Program, identify any barriers, including, without limitation, academic, financial, socioeconomic and transportation barriers, to the participation in and completion of the Program by such interested pupils and, if such barriers are identified, inform the pupil and the parents or legal guardian of the pupil of any programs and services which are available to help the pupil to overcome such barriers and provide such programs and services to the pupil.
κ2023 Statutes of Nevada, Page 3010 (CHAPTER 491, AB 428)κ
limitation, academic, financial, socioeconomic and transportation barriers, to the participation in and completion of the Program by such interested pupils and, if such barriers are identified, inform the pupil and the parents or legal guardian of the pupil of any programs and services which are available to help the pupil to overcome such barriers and provide such programs and services to the pupil.
(d) Offer internships at elementary, junior high or middle schools in the school district to qualified pupils in grades 11 and 12 who participate in the Program.
(e) Offer employment as a paraprofessional to qualified high school graduates who have completed the Program and are enrolled in a program to become a teacher at an institution in the Nevada System of Higher Education.
(f) For qualified applicants for employment with the school district who have completed the Program and who have submitted a timely application, provide an offer of employment or decline to provide an offer of employment to such an applicant not later than January 31 of the year immediately preceding the school year for which the applicant applied for employment.
(g) Enter into an agreement with the Board of Regents of the University of Nevada to:
(1) Enable pupils who participate in the Program to earn up to 12 units of college credit for courses taken and internships engaged in as part of the Program at no cost to the pupil.
(2) Establish qualifications for teachers of the school district who teach courses in the Program which are eligible for college credit, which may include, without limitation, a minimum of 4 years of classroom teaching experience or a Masters degree.
(3) Guarantee the admission of otherwise academically qualified pupils who complete the Program to institutions in the Nevada System of Higher Education.
(4) Provide programs, services, scholarships and financial aid to assist pupils who participate in the Program in applying for admission to institutions in the Nevada System of Higher Education and completing the Program at such an institution.
(h) Inform pupils who participate in the Program and the parents and legal guardians of such pupils about programs, services, scholarships and financial aid which are available to assist pupils in applying for admission to institutions in the Nevada System of Higher Education and completing the Program at such an institution.
3. A large school district, and a school district that is not a large school district which elects to offer the Program may enter into an agreement with the Board of Regents of the University of Nevada to provide a faculty mentor from the Nevada System of Higher Education to teachers of the school district who teach courses in the Program to ensure such courses align with the contents and rigor of equivalent courses taught at institutions within the Nevada System of Higher Education. If the provisions of this subsection conflict with the provisions of chapter 388G of NRS, the provisions of this subsection prevail.
κ2023 Statutes of Nevada, Page 3011 (CHAPTER 491, AB 428)κ
4. The State Board:
(a) Shall adopt regulations that prescribe the curriculum for the Program which are consistent with the provisions of this section. To the extent a school district provides programs of career and technical education other than the Program, such programs of career and technical education must nonetheless be consistent with the regulations adopted pursuant to this paragraph, to the extent applicable.
(b) May adopt such other regulations as are necessary to carry out the provisions of this section.
5. As used in this section:
(a) Large school district means any school district in this State which has more than 100,000 pupils enrolled in its public schools.
(b) Program means the Teacher Academy College Pathway Program created pursuant to this section.
Sec. 3.1. NRS 391.011 is hereby amended to read as follows:
391.011 1. The Commission on Professional Standards in Education, consisting of [eleven] 13 members appointed by the Governor, is hereby created.
2. Five members of the Commission must be teachers who teach in the classroom as follows:
(a) One who holds a license to teach secondary education and teaches in a secondary school.
(b) One who holds a license to teach middle school or junior high school education and teaches in a middle school or junior high school.
(c) One who holds a license to teach elementary education and teaches in an elementary school.
(d) One who holds a license to teach special education and teaches special education.
(e) One who holds a license to teach pupils in a program of early childhood education and teaches in a program of early childhood education.
3. The remaining members of the Commission must include:
(a) One school counselor, psychologist, speech-language pathologist, audiologist, or social worker who is licensed pursuant to this chapter and employed by a school district or charter school.
(b) One administrator of a school who is employed by a school district or charter school to provide administrative service at an individual school. Such an administrator must not provide service at the district level.
(c) The dean of the College of Education at one of the universities in the Nevada System of Higher Education, or a representative of one of the Colleges of Education nominated by such a dean for appointment by the Governor.
(d) The dean of the School of Education at Nevada State College, or a representative of the dean, or a representative of the Teacher Education Program at Great Basin College.
(e) The chief human resources officer or a representative of the department of human resources of a school district in which more than 40,000 pupils are enrolled.
(f) The chief human resources officer or a representative of the department of human resources of a school district in which 40,000 or fewer pupils are enrolled.
κ2023 Statutes of Nevada, Page 3012 (CHAPTER 491, AB 428)κ
(g) One member who is the parent or legal guardian of a pupil enrolled in a public school.
[(e) One member who has expertise and experience in the operation of a business.
(f)] (h) One member who is the superintendent of schools of a school district.
4. Three of the five appointments made pursuant to subsection 2 must be made from a list of names of at least three persons for each position that is submitted to the Governor by an employee organization representing the majority of teachers in the State who teach in the educational level from which the appointment is being made.
5. The appointment made pursuant to:
(a) Paragraph (a) of subsection 3 must be made from a list of names of at least three persons that is submitted to the Governor by an employee organization representing the majority of school counselors, psychologists, speech-language pathologists, audiologists or social workers in this State who are not administrators.
(b) Paragraph (b) of subsection 3 must be made from a list of names of at least three persons that is submitted to the Governor by the organization of administrators for schools in which the majority of administrators of schools in this State have membership.
(c) Paragraphs (e), (f) and (h) of subsection 3 must be made from lists of names of persons submitted to the Governor by the Nevada Association of School Superintendents or its successor organization.
(d) Paragraph [(d)] (g) of subsection 3 must be made from a list of names of persons submitted to the Governor by the Nevada Parent Teacher Association or its successor organization.
[(d) Paragraph (f) of subsection 3 must be made from a list of names of persons submitted to the Governor by the Nevada Association of School Superintendents.]
Sec. 3.2. NRS 391.017 is hereby amended to read as follows:
391.017 1. The Commission may meet at least once each month.
2. A majority of the Commission constitutes a quorum for the transaction of business.
3. The members of the Commission are entitled to the travel expenses and subsistence allowances provided by law for state officers and employees generally while attending meetings of the Commission.
4. Any costs associated with employing a substitute teacher while a member of the Commission who is a teacher attends a meeting of the Commission must be:
(a) Paid by the school district or charter school that employs the member; or
(b) Reimbursed to the school district or charter school that employs the member by the organization that submitted the name of the member to the Governor for appointment pursuant to paragraph (a), (b) or [(c)] (d) of subsection 5 of NRS 391.011.
Sec. 3.3. NRS 391.019 is hereby amended to read as follows:
391.019 1. Except as otherwise provided in NRS 391.027, the Commission shall adopt regulations:
(a) Prescribing the qualifications for licensing teachers and other educational personnel and the procedures for the issuance and renewal of those licenses. The regulations:
κ2023 Statutes of Nevada, Page 3013 (CHAPTER 491, AB 428)κ
(1) Must include, without limitation, the qualifications for licensing teachers and administrators pursuant to an alternative route to licensure which provides that the required education and training may be provided by any qualified provider which has been approved by the Commission, including, without limitation, institutions of higher education and other providers that operate independently of an institution of higher education. The regulations adopted pursuant to this subparagraph must:
(I) Establish the requirements for approval as a qualified provider;
(II) Require a qualified provider to be selective in its acceptance of students;
(III) Require a qualified provider to provide in-person or virtual supervised, school-based experiences and ongoing support for its students, such as mentoring and coaching;
(IV) Significantly limit the amount of course work required or provide for the waiver of required course work for students who achieve certain scores on tests;
(V) Allow for the completion in 2 years or less of the education and training required under the alternative route to licensure;
(VI) Provide that a person who has completed the education and training required under the alternative route to licensure and who has satisfied all other requirements for licensure may apply for a regular license pursuant to sub-subparagraph (VII) regardless of whether the person has received an offer of employment from a school district, charter school or private school; and
(VII) Upon the completion by a person of the education and training required under the alternative route to licensure and the satisfaction of all other requirements for licensure, provide for the issuance of a regular license to the person pursuant to the provisions of this chapter and the regulations adopted pursuant to this chapter.
(2) Must require an applicant for a license to teach middle school or junior high school education or secondary education to demonstrate proficiency in a field of specialization or area of concentration by successfully completing course work prescribed by the Department or completing a subject matter competency examination prescribed by the Department with a score deemed satisfactory.
(3) Must not prescribe qualifications which are more stringent than the qualifications set forth in NRS 391.0315 for a licensed teacher who applies for an additional license in accordance with that section.
(b) Identifying fields of specialization in teaching which require the specialized training of teachers.
(c) Except as otherwise provided in NRS 391.125, requiring teachers to obtain from the Department an endorsement in a field of specialization to be eligible to teach in that field of specialization.
(d) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.
(e) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language, including, without limitation, being registered with the Aging and Disability Services Division of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of sign language interpreting in a primary or secondary educational setting.
κ2023 Statutes of Nevada, Page 3014 (CHAPTER 491, AB 428)κ
(f) Requiring teachers and other educational personnel to be registered with the Aging and Disability Services Division pursuant to NRS 656A.100 to engage in the practice of sign language interpreting in a primary or secondary educational setting if they:
(1) Provide instruction or other educational services; and
(2) Concurrently engage in the practice of sign language interpreting, as defined in NRS 656A.060.
(g) Prescribing course work on parental involvement and family engagement. The Commission shall [work] :
(1) Work in cooperation with the Office of Parental Involvement and Family Engagement created by NRS 385.630 in developing the regulations required by this paragraph.
(2) Establish standards for professional development training which may be used to satisfy any course work requirement prescribed pursuant to this paragraph.
(h) Establishing the requirements for obtaining an endorsement on the license of a teacher, administrator or other educational personnel in cultural competency.
(i) Authorizing the Superintendent of Public Instruction to issue a license by endorsement to an applicant who holds an equivalent license or authorization issued by a governmental entity in another country if the Superintendent determines that the qualifications for the equivalent license or authorization are substantially similar to those prescribed pursuant to paragraph (a).
(j) Establishing the requirements for obtaining an endorsement on the license of a teacher, administrator or other educational personnel in teaching courses relating to financial literacy.
(k) Authorizing a person who is employed as a paraprofessional and enrolled in a program to become a teacher to complete an accelerated program of student teaching in the same or a substantially similar area in which the person is employed as a paraprofessional while remaining employed as a paraprofessional.
(l) Requiring the Department to accept a program of student teaching or other teaching experience completed in another state or foreign country by an applicant for a license if the Department determines that the program or experience substantially fulfills the standards of a program of student teaching in this State.
(m) Authorizing a person who is employed by a public school to provide support or other services relating to school psychology, if the person does not hold a license or endorsement as a school psychologist but is enrolled in a program that would allow the person to obtain such a license or endorsement, to complete a program of internship in school psychology while remaining employed in such a position.
2. Except as otherwise provided in NRS 391.027, the Commission may adopt such other regulations as it deems necessary for its own government or to carry out its duties.
3. Any regulation which increases the amount of education, training or experience required for licensing:
(a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.
κ2023 Statutes of Nevada, Page 3015 (CHAPTER 491, AB 428)κ
(b) Must not become effective until at least 1 year after the date it is adopted by the Commission.
(c) Is not applicable to a license in effect on the date the regulation becomes effective.
Sec. 3.4. NRS 391.021 is hereby amended to read as follows:
391.021 1. Except as otherwise provided in NRS 391.027, the Commission shall adopt regulations governing examinations for the initial licensing of teachers and other educational personnel. The regulations adopted by the Commission must ensure that the examinations test the ability of the applicant to teach and the applicants knowledge of each specific subject he or she proposes to teach.
2. When adopting regulations pursuant to subsection 1, the Commission shall consider including any alternative means of demonstrating competency for persons with a disability or health-related need that the Commission determines are necessary and appropriate.
3. The regulations adopted by the Commission pursuant to subsection 1 must authorize an applicant to be exempt from any requirement to pass a competency test in basic reading, writing and mathematics if the applicant submits to the Department evidence that, after not passing a competency test in basic reading, writing and mathematics at the level of competence specified by the Commission, the applicant began and completed, with a grade of B or better, a course of study approved by the Department in each subject area of the competency test that the applicant did not pass at the level of competence specified by the Commission.
4. Teachers and educational personnel from another state who obtain a reciprocal license pursuant to NRS 391.032 are not required to take the examinations for the initial licensing of teachers and other educational personnel described in this section or any other examination for initial licensing required by the regulations adopted by the Commission.
Sec. 3.5. NRS 391.032 is hereby amended to read as follows:
391.032 1. Except as otherwise provided in NRS 391.027, the Commission shall:
(a) Adopt regulations which provide for the issuance of provisional licenses to teachers and other educational personnel before completion of all courses of study or other requirements for a license in this State.
(b) Adopt regulations which provide for the reciprocal licensure of educational personnel from other states including, without limitation, for the reciprocal licensure of persons who hold a license to teach special education. Such regulations must include, without limitation, provisions for the reciprocal licensure of persons who obtained a license pursuant to an alternative route to licensure which the Department determines is as rigorous or more rigorous than the alternative route to licensure prescribed pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 391.019.
2. A person who is a member of the Armed Forces of the United States, a veteran of the Armed Forces of the United States or the spouse of such a member or veteran of the Armed Forces of the United States and who has completed the equivalent of an alternative route to licensure program in another state may obtain a license as if such person has completed the alternative route to licensure program of this State.
κ2023 Statutes of Nevada, Page 3016 (CHAPTER 491, AB 428)κ
3. The Commission shall adopt regulations requiring the Superintendent of Public Instruction to issue a provisional license to teach if:
(a) The Superintendent determines that the applicant is otherwise qualified for the license; and
(b) The applicant:
(1) Graduated with a bachelors degree or higher but is awaiting conferment of the degree; or
(2) Satisfies the requirements for conditional licensure through an alternative route to licensure.
4. A person who is issued a provisional license must complete all courses of study and other requirements for a license in this State which is not provisional within 3 years after the date on which a provisional license is issued.
Sec. 3.6. NRS 391.0347 is hereby amended to read as follows:
391.0347 1. Any licensed teacher who is initially licensed on or after July 1, 2019, except for a teacher who is licensed only as a substitute teacher, must submit with his or her first application for renewal of his or her license to teach proof of the completion of a course in multicultural education. If the licensed teacher is initially issued a nonrenewable license, he or she must submit such proof with his or her first application for a renewable license to teach.
2. The Commission shall adopt regulations:
(a) That prescribe the required contents of a course in multicultural education which must be completed pursuant to this section;
(b) That prescribe the number of credits which must be earned by a licensed teacher in a course in multicultural education; [and]
(c) That establish standards for professional development training which may be used to satisfy any course work requirement prescribed pursuant to this section; and
(d) As otherwise necessary to carry out the requirements of this section.
Sec. 3.7. NRS 391.095 is hereby amended to read as follows:
391.095 1. A school district or a governing body of a charter school or university school for profoundly gifted pupils may enter into an agreement with a branch of the Nevada System of Higher Education or an accredited postsecondary educational institution which is licensed by the Commission on Postsecondary Education and which offers courses of study and training for the education of teachers which are approved or recognized by the Commission pursuant to NRS 391.038, for the assignment of students for training purposes as student teachers, counselors or trainees in a library, or for experience in a teaching laboratory. Students so assigned within the school district , charter school or university school for profoundly gifted pupils, as applicable, for training purposes may, under the direction and supervision of a licensed teacher, instruct and supervise pupils in the school, on the school grounds or on authorized field trips. The students so assigned are employees of the school district or governing body of a charter school or university school for profoundly gifted pupils, as applicable, for purposes of NRS 41.038 and 41.039, while performing such authorized duties, whether or not the duties are performed entirely in the presence of the licensed teacher.
κ2023 Statutes of Nevada, Page 3017 (CHAPTER 491, AB 428)κ
2. Except as otherwise provided in the agreement entered into pursuant to subsection 1 and to the extent not inconsistent with NRS 391.096, a school district or governing body of a charter school or university school for profoundly gifted pupils, as applicable, may compensate a student assigned within the school district, charter school or university school for profoundly gifted pupils for training purposes as a student teacher, counselor, student social worker or trainee in a library.
3. As used in this section:
(a) Accredited has the meaning ascribed to it in NRS 394.006.
(b) Postsecondary educational institution has the meaning ascribed to it in NRS 394.099.
Sec. 3.8. Chapter 391A of NRS is hereby amended by adding thereto a new section to read as follows:
1. A school district and the governing body of a charter school shall provide professional development training on:
(a) Parental involvement and family engagement that meets the standards established by the Commission on Professional Standards in Education pursuant to NRS 391.019 to teachers who have not yet completed the course work on parental involvement and family engagement prescribed by NRS 391.019.
(b) Multicultural education that meets the standards established by the Commission on Professional Standards in Education pursuant to NRS 391.0347 to teachers who have not yet completed the course work on multicultural education prescribed by NRS 391.0347.
2. Any professional development training provided pursuant to subsection 1:
(a) May be provided by the school district or governing body or through an agreement with an institution of higher education or a regional training program for the professional development of teachers and administrators.
(b) Must be provided at no cost to the employee.
Sec. 3.9. NRS 391A.345 is hereby amended to read as follows:
391A.345 As used in NRS 391A.345 to 391A.385, inclusive, and section 3.8 of this act, unless the context otherwise requires, professional development training has the meaning ascribed to professional development in 20 U.S.C. § 7801(42).
Sec. 4. Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.
Sec. 5. 1. The Board of Regents may enter into an agreement with a school district pursuant to section 3 of this act to assist in the implementation of a Teacher Academy College Pathway Program.
2. The Board of Regents may, by regulation, establish a program to:
(a) Identify pupils who have completed the Program, or who are expected to complete the Program by the end of grade 12, and who wish to apply for admission to an institution within the System; and
(b) Inform such pupils of the institutions within the System where such pupils may academically qualify for admission.
3. As used in this section, Program has the meaning ascribed to it in section 3 of this act.
κ2023 Statutes of Nevada, Page 3018 (CHAPTER 491, AB 428)κ
Sec. 6. (Deleted by amendment.)
Sec. 6.5. 1. There is hereby appropriated from the State General Fund to the Governors Office of Workforce Innovation in the Department of Employment, Training and Rehabilitation for costs associated with developing and implementing the Career Pathways Demonstration Program established pursuant to section 2.4 of this act, including, without limitation, personnel, travel, operating and technology expenses, the following sums:
For the Fiscal Year 2023-2024.................................................... $289,026
For the Fiscal Year 2024-2025.................................................... $331,870
2. There is hereby appropriated from the State General Fund to the Department of Education for costs associated with carrying out the provisions of this act, including, without limitation, personnel and travel costs and the costs of contracting with a qualified person to conduct the study required by section 8 of this act the following sums:
For the Fiscal Year 2023-2024.................................................... $398,591
For the Fiscal Year 2024-2025.................................................... $226,517
3. Any balance of the sums appropriated by this section 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. 6.7. There is hereby appropriated from the State General Fund to the Nevada Grown Educator Account created by section 1.9 of this act the sum of $10,000,000.
Sec. 7. 1. On or before October 1, 2026, the Governors Office of Workforce Innovation shall submit a report to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature regarding the status of the Career Pathways Demonstration Program established pursuant to section 2.4 of this act. The report must include, without limitation:
(a) The industries identified by the Office as priority industries for the development and implementation of career pathways;
(b) The process used by the Office to select career pathway projects for development and implementation;
(c) The career pathway projects selected by the Office;
(d) A summary of the design of the career pathway for each priority industry;
(e) The goals and objectives of the career pathway for each priority industry;
(f) The status of the implementation of each career pathway;
(g) A summary of the proposals for career pathway projects which were received by the Office but were not selected for the Program; and
κ2023 Statutes of Nevada, Page 3019 (CHAPTER 491, AB 428)κ
(h) An evaluation of each career pathway, including, without limitation:
(1) Whether progress has been made towards achieving the goals and objectives of each career pathway;
(2) A description of any challenges to implementation of the career pathways; and
(3) A description of any changes made to the design or implementation of the career pathways, if any, or any changes which are anticipated in the future and the reason for such changes.
2. On or before June 1, 2028, the Governors Office of Workforce Innovation shall submit a report to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature regarding the status of the Career Pathways Demonstration Program. The report must include, without limitation:
(a) The industries identified by the Office as priority industries for the development and implementation of career pathways;
(b) The process used by the Office to select career pathway projects for development and implementation;
(c) The career pathway projects selected by the Office;
(d) A summary of the design of the career pathway for each priority industry;
(e) The goals and objectives of the career pathway for each priority industry;
(f) An evaluation of each career pathway, including, without limitation:
(1) The success of the career pathway at achieving the industry-specific goals and objectives;
(2) An assessment of the return on investment for the State with respect to the career pathway;
(3) A description of any opportunities to extend or expand the career pathway;
(4) An evaluation of ability of the career pathway to serve as a model for the creation of career pathways in other industries which should be prioritized to aid in the economic development of this State; and
(5) Any quantitative and qualitative data supporting the items required to be included in the report pursuant to subparagraphs (1) to (4), inclusive.
(g) An evaluation of the success of the Program as a whole, including, without limitation:
(1) The overall outcomes of the Program, in relation to the goals and objectives established by the Office;
(2) Successful aspects of the Program and key elements contributing to the success of the Program;
(3) Shortcomings of the Program and key elements hindering the success of the Program;
(4) Recommendations for policy changes that would foster successful expansion of the development and implementation of career pathways by the Office; and
(5) Any quantitative and qualitative data supporting the items required to be included in the report pursuant to subparagraphs (1) to (4), inclusive.
κ2023 Statutes of Nevada, Page 3020 (CHAPTER 491, AB 428)κ
Sec. 8. The Commission on Professional Standards in Education shall:
1. Conduct a study during the 2023-2024 interim concerning the Praxis II and pedagogy examinations;
2. Present its recommendations to the Senate and Assembly Standing Committees on Education during the 83rd Session of the Nevada Legislature; and
3. Adopt regulations pursuant to NRS 391.019, 391.021 and 391.023 as it deems necessary and appropriate based on its findings and recommendations as they relate to the Praxis II and pedagogy examinations.
Sec. 9. The Department of Education and the Nevada System of Higher Education shall jointly:
1. Develop a plan to expand awareness of and eliminate barriers for access to any scholarship programs that are intended to increase the number of persons licensed pursuant to chapter 391 of NRS; and
2. Present the plan to the Joint Interim Standing Committee on Education on or before June 30, 2024.
Sec. 10. 1. The term of the member of the Commission on Professional Standards in Education appointed to the Commission pursuant to paragraph (e) of subsection 3 of NRS 391.011, as that section exists on June 30, 2024, expires on July 1, 2024.
2. As soon as practicable after July 1, 2024, the Governor shall appoint to the Commission on Professional Standards in Education the members described in paragraphs (d), (e) and (f) of NRS 391.011, as amended by section 3.1 of this act. In making those appointments, the Governor shall appoint members to staggered initial terms of 1, 2 and 3 years.
Sec. 11. 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. 12. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 2.7, inclusive, 3, 4 to 7, inclusive, 9 and 11 of this act become effective on July 1, 2023.
3. Sections 2.9, 3.1 to 3.9, inclusive, 8 and 10 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 July 1, 2024, for all other purposes.
4. Section 2.4 of this act expires on June 30, 2028.
________
κ2023 Statutes of Nevada, Page 3021κ
Assembly Bill No. 422Assemblywoman Gorelow
CHAPTER 492
[Approved: June 15, 2023]
AN ACT relating to persons with disabilities; requiring the Aging and Disability Services Division of the Department of Health and Human Services to create a pilot program to serve children diagnosed with a fetal alcohol spectrum disorder under certain circumstances; and providing other matters properly relating thereto.
Legislative Counsels Digest:
The federal Individuals with Disabilities Education Act establishes a federal grant program to assist states in operating a statewide comprehensive system of early intervention services for infants and toddlers with disabilities. (20 U.S.C. §§ 1431 et seq.) Existing law establishes the Autism Treatment Assistance Program within the Aging and Disability Services Division of the Department of Health and Human Services to serve as the primary autism program within the Department and to provide and coordinate services to persons diagnosed or determined to have autism spectrum disorders through the age of 19 years. (NRS 427A.875) Existing law requires the Division to refer an infant or toddler with a disability who has autism spectrum disorder and is eligible for early intervention services to the Program and develop a plan of treatment for the infant or toddler. (NRS 427A.880) Existing law additionally requires certain providers of health care to notify an agency which provides child welfare services when the provider knows or has reasonable cause to believe that a newborn infant has been affected by a fetal alcohol spectrum disorder. (NRS 432B.220) To the extent that money is available, this bill requires the Division to create a pilot program to serve children diagnosed with a fetal alcohol spectrum disorder. This bill requires the program to provide: (1) evidence-based services and support for such children who do not qualify to receive services from other existing programs; and (2) training for providers of health care and providers of other services relating to the provision of health care and other services to such children. This bill requires the pilot program to be administered by the Autism Treatment Assistance 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. (Deleted by amendment.)
Sec. 1.5. 1. The Aging and Disability Services Division of the Department of Health and Human Services shall, to the extent that money is available, create a pilot program to be administered by the Autism Treatment Assistance Program established by NRS 427A.875 to serve children diagnosed with a fetal alcohol spectrum disorder.
2. If a pilot program is created pursuant to subsection 1, the pilot program must provide:
(a) Evidenced-based services and support for children diagnosed with a fetal alcohol spectrum disorder who do not meet the requirements to receive such services from existing programs; and
(b) Training to providers of health care and providers of other services relating to the provision of health care and other services to children diagnosed with a fetal alcohol spectrum disorder.
κ2023 Statutes of Nevada, Page 3022 (CHAPTER 492, AB 422)κ
3. If a pilot program is created pursuant to subsection 1, the Division shall, on or before July 1, 2025, submit a report of findings and recommendations resulting from the pilot program created pursuant to subsection 1 to:
(a) The Governor; and
(b) The Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Health and Human Services.
4. As used in this section, provider of health care has the meaning ascribed to it in NRS 629.031.
Sec. 2. This act becomes effective on July 1, 2023, and expires by limitation on December 31, 2025.
________
Assembly Bill No. 404Committee on Judiciary
CHAPTER 493
[Approved: June 15, 2023]
AN ACT relating to civil actions; providing for the increase of the limitation on the amount of noneconomic damages a plaintiff may recover in a civil action against a provider of health care for professional negligence; revising the statute of limitations for bringing an action against a provider of health care for injury or death based upon professional negligence, professional services rendered without consent or error or omission in practice; revising provisions which limit the amount of a contingent fee for which an attorney representing a plaintiff in a civil action against a provider of health care for professional negligence may contract for or collect; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law limits the amount of noneconomic damages that a plaintiff may recover in a civil action brought against a provider of health care for professional negligence to $350,000, regardless of the number of plaintiffs, defendants or theories upon which liability may be based. (NRS 41A.035) Section 2 of this bill requires that amount to be increased by $80,000 on January 1 of each year beginning on January 1, 2024, and ending on January 1, 2028, when the amount reaches $750,000. Beginning on January 1, 2029, section 2 requires that amount to be increased on January 1 of each year by 2.1 percent. Section 2 additionally requires the Nevada Supreme Court to annually publish on its Internet website the maximum amount of noneconomic damages that may be awarded to a plaintiff in an action for injury or death against a provider of health care based upon professional negligence in each year for the following 20 years.
Existing law requires an action for injury or death against a provider of health care based on professional negligence, professional services rendered without consent or error or omission in practice, to be commenced: (1) for an injury that occurred on or after October 1, 2002, not more than 3 years after the date of injury or 1 year after the plaintiff discovers or should have discovered the injury; and (2) if the injury occurred before October 1, 2002, not more than 4 years after the date of injury or 2 years after the plaintiff discovers or should have discovered the injury. (NRS 41A.097) Section 3 of this bill requires such an action to be brought, for an injury that occurred on or after October 1, 2023, not more than 3 years after the date of injury or 2 years after the plaintiff discovers or should have discovered the injury.
κ2023 Statutes of Nevada, Page 3023 (CHAPTER 493, AB 404)κ
Existing law limits the amount of a contingent fee that an attorney representing a plaintiff in a civil action against a provider of health care for professional negligence may contract for or collect to: (1) forty percent of the first $50,000 recovered; (2) thirty-three and one-third percent of the next $50,000 recovered; (3) twenty-five percent of the next $500,000 recovered; and (4) fifteen percent of the amount of recovery that exceeds $600,000. (NRS 7.095) Section 3.5 of this bill eliminates that tier of amounts and instead limits the amount of a contingent fee that such an attorney may contract for or collect to 35 percent of the amount recovered.
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 1.5. (Deleted by amendment.)
Sec. 2. NRS 41A.035 is hereby amended to read as follows:
41A.035 1. In an action for injury or death against a provider of health care based upon professional negligence, the injured plaintiff may recover noneconomic damages, but the amount of noneconomic damages awarded in such an action must not exceed , $350,000, regardless of the number of plaintiffs, defendants or theories upon which liability may be based.
2. The maximum amount of noneconomic damages set forth in subsection 1 must be increased by $80,000 on January 1 of each year beginning on January 1, 2024, and ending on January 1, 2028, when the amount reaches $750,000.
3. Beginning on January 1, 2029, the maximum amount of noneconomic damages set forth in subsection 1, as adjusted by subsection 2, must be increased on January 1 of each year by 2.1 percent, rounded to the nearest dollar.
4. The Nevada Supreme Court shall, on or before January 1 of each year, publish on its Internet website the maximum amount of noneconomic damages that may be awarded in an action for injury or death against a provider of health care based upon professional negligence in each year for the following 20 years.
Sec. 2.5. (Deleted by amendment.)
Sec. 3. NRS 41A.097 is hereby amended to read as follows:
41A.097 1. Except as otherwise provided in subsection [3,] 4, an action for injury or death against a provider of health care may not be commenced more than 4 years after the date of injury or 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first, for:
(a) Injury to or the wrongful death of a person occurring before October 1, 2002, based upon alleged professional negligence of the provider of health care;
(b) Injury to or the wrongful death of a person occurring before October 1, 2002, from professional services rendered without consent; or
(c) Injury to or the wrongful death of a person occurring before October 1, 2002, from error or omission in practice by the provider of health care.
κ2023 Statutes of Nevada, Page 3024 (CHAPTER 493, AB 404)κ
2. Except as otherwise provided in subsection [3,] 4, an action for injury or death against a provider of health care may not be commenced more than 3 years after the date of injury or 1 year after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first, for:
(a) Injury to or the wrongful death of a person occurring on or after October 1, 2002 [,] and before October 1, 2023, based upon alleged professional negligence of the provider of health care;
(b) Injury to or the wrongful death of a person occurring on or after October 1, 2002 [,] and before October 1, 2023, from professional services rendered without consent; or
(c) Injury to or the wrongful death of a person occurring on or after October 1, 2002 [,] and before October 1, 2023, from error or omission in practice by the provider of health care.
3. Except as otherwise provided in subsection 4, an action for injury or death against a provider of health care may not be commenced more than 3 years after the date of injury or 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first, for:
(a) Injury to or the wrongful death of a person occurring on or after October 1, 2023, based upon alleged professional negligence of the provider of health care;
(b) Injury to or the wrongful death of a person occurring on or after October 1, 2023, from professional services rendered without consent; or
(c) Injury to or the wrongful death of a person occurring on or after October 1, 2023, from error or omission in practice by the provider of health care.
4. This time limitation is tolled for any period during which the provider of health care has concealed any act, error or omission upon which the action is based and which is known or through the use of reasonable diligence should have been known to the provider of health care.
[4.] 5. For the purposes of this section, the parent, guardian or legal custodian of any minor child is responsible for exercising reasonable judgment in determining whether to prosecute any cause of action limited by subsection 1 [.] , 2 or [2.] 3. If the parent, guardian or custodian fails to commence an action on behalf of that child within the prescribed period of limitations, the child may not bring an action based on the same alleged injury against any provider of health care upon the removal of the childs disability, except that in the case of:
(a) Brain damage or birth defect, the period of limitation is extended until the child attains 10 years of age.
(b) Sterility, the period of limitation is extended until 2 years after the child discovers the injury.
Sec. 3.5. NRS 7.095 is hereby amended to read as follows:
7.095 1. An attorney shall not contract for or collect a fee contingent on the amount of recovery for representing a person seeking damages in connection with an action for injury or death against a provider of health care based upon professional negligence in excess of [:
κ2023 Statutes of Nevada, Page 3025 (CHAPTER 493, AB 404)κ
(a) Forty percent of the first $50,000 recovered;
(b) Thirty-three and one-third percent of the next $50,000 recovered;
(c) Twenty-five percent of the next $500,000] 35 percent of the amount recovered . [; and
(d) Fifteen percent of the amount of recovery that exceeds $600,000.]
2. The limitations set forth in subsection 1 apply to all forms of recovery, including, without limitation, settlement, arbitration and judgment.
3. For the purposes of this section, recovered means the net sum recovered by the plaintiff after deducting any disbursements or costs incurred in connection with the prosecution or settlement of the claim. Costs of medical care incurred by the plaintiff and general and administrative expenses incurred by the office of the attorney are not deductible disbursements or costs.
4. As used in this section:
(a) Professional negligence means a negligent act or omission to act by a provider of health care in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death. The term does not include services that are outside the scope of services for which the provider of health care is licensed or services for which any restriction has been imposed by the applicable regulatory board or health care facility.
(b) Provider of health care means a physician licensed under chapter 630 or 633 of NRS, dentist, registered nurse, dispensing optician, optometrist, registered physical therapist, podiatric physician, licensed psychologist, chiropractic physician, doctor of Oriental medicine, holder of a license or a limited license issued under the provisions of chapter 653 of NRS, medical laboratory director or technician, licensed dietitian or a licensed hospital and its employees.
Sec. 4. (Deleted by amendment.)
Sec. 5. The amendatory provisions of section 3.5 of this act apply to a cause of action that accrues on or after October 1, 2023.
Sec. 6. (Deleted by amendment.)
________
κ2023 Statutes of Nevada, Page 3026κ
Assembly Bill No. 399Assemblyman Yeager
CHAPTER 494
[Approved: June 15, 2023]
AN ACT relating to education; creating and establishing the membership, powers and duties of the Subcommittee on Education Accountability of the Interim Finance Committee; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Interim Finance Committee to exercise certain fiscal duties when the Legislature is not in a regular or special session. (NRS 218E.400, 218E.405) Section 2 of this bill creates the Subcommittee on Education Accountability of the Interim Finance Committee, consisting of five members of the Assembly and three members of the Senate.
Section 3 of this bill: (1) requires the Subcommittee to meet at least twice annually; and (2) provides that the general objectives and functions of the Subcommittee are to discuss, evaluate and make recommendations relating to accountability in public education in this State in order to improve the educational achievements and outcomes for pupils. Section 3 further provides that the Subcommittee may study, without limitation: (1) fiscal policy, school finance or similar or related financial activities; (2) the sufficiency of current revenue and expenditures relating to public education in this State and the anticipated revenue and expenditures that are necessary to improve educational achievements and outcomes for pupils; (3) administrative support and policies; (4) corrective action plans for public schools to improve educational achievements and outcomes; and (5) the rules, regulations and policies of individual school districts or public schools.
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 218E of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. There is hereby created the Subcommittee on Education Accountability of the Interim Finance Committee, consisting of the following members:
(a) Five members of the Assembly appointed by the Speaker of the Assembly, three of whom must be members of the majority political party and two of whom must be members of the minority political party; and
(b) Three members of the Senate appointed by the Majority Leader of the Senate, two of whom must be members of the majority political party and one of whom must be a member of the minority political party.
κ2023 Statutes of Nevada, Page 3027 (CHAPTER 494, AB 399)κ
2. The Director of the Legislative Counsel Bureau shall act as Secretary of the Subcommittee.
3. If any regular member of the Subcommittee informs the Secretary that the member will be unable to attend a particular meeting, the Secretary shall notify the Speaker of the Assembly or the Majority Leader of the Senate, as the case may be, to appoint an alternate for the meeting from the same House and political party as the absent member.
4. The Chair of the Interim Finance Committee shall appoint a Chair of the Subcommittee from one House and a Vice Chair of the Subcommittee from the other House.
5. Except as otherwise provided in subsection 6, the term of a member of the Subcommittee expires upon the convening of the next regular legislative session, unless the member is replaced by the appointing authority.
6. The membership of any member of the Subcommittee described in subsection 1 who is not a candidate for reelection or who is defeated for reelection terminates on the day next after the general election.
7. Vacancies on the Subcommittee must be filled in the same manner as original appointments.
Sec. 3. 1. The members of the Subcommittee on Education Accountability of the Interim Finance Committee shall meet at least twice annually at the times and places specified by a call of the Chair of the Subcommittee or a majority of the Subcommittee.
2. A meeting held jointly by the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance during a regular session that has agenda items similar to subsection 4 constitutes a meeting of the Subcommittee.
3. A majority of the members of the Subcommittee constitutes a quorum.
4. The general objectives and functions of the Subcommittee are to discuss, evaluate and make recommendations relating to accountability in public education in this State to improve the educational achievements and outcomes for pupils. The Subcommittee may study, without limitation:
(a) Fiscal policy, school finance or similar or related financial activities;
(b) The sufficiency of current revenue and expenditures relating to public education in this State and the anticipated revenue and expenditures that are necessary to improve educational achievements and outcomes for pupils;
(c) Administrative support and policies;
(d) Corrective action plans for public schools to improve educational achievements and outcomes; and
κ2023 Statutes of Nevada, Page 3028 (CHAPTER 494, AB 399)κ
(e) The rules, regulations and policies of individual school districts or public schools.
5. The Subcommittee may conduct investigations and hold hearings in connection with its functions and duties and exercise any of the investigative powers set forth in NRS 218E.105 to 218E.140, inclusive, including, without limitation, compelling the attendance at any meeting of the Subcommittee of:
(a) The Superintendent of Public Instruction;
(b) Any member of the State Board of Education;
(c) Any member of a board of trustees of a school district in this State;
(d) Any superintendent or chief financial officer of a school district in this State; or
(e) The Executive Director of the State Public Charter School Authority.
6. Except during a regular or special session of the Legislature, for each day or portion of a day during which a member of the Subcommittee or appointed alternate attends a meeting of the Subcommittee or is otherwise engaged in the business of the Subcommittee, the member or appointed alternate, as applicable, is entitled to receive:
(a) The compensation provided for a majority of the Legislators during the first 60 days of the preceding regular session;
(b) The per diem allowance provided for state officers and employees generally; and
(c) The travel expenses provided pursuant to NRS 218A.655.
7. All such compensation, per diem allowances and travel expenses of a member or appointed alternate of the Subcommittee must be paid from the Contingency Fund in the State Treasury.
Sec. 4. This act becomes effective upon passage and approval.
________